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HomeMy WebLinkAbout2016-03-22 Board of Selectmen Minutes r , Town of Reading Meeting Minutes FFCFIVrD ... ,..♦ MvW�. Board - Committee - Commission - Council: Board of Selectmen 2016 km'm -4 P I: 30 Date: 2016-03-22 Time: 7:00 PM Building: Pleasant Street Senior Center Location: Great Room Address: 49 Pleasant Street Session: Open Session Purpose: General Business Version: Attendees: Members - Present: Chairman John Halsey, Vice Chairman Kevin Sexton, John Arena Members - Not Present: Barry Berman and Daniel Ensminger Others Present: Town Manager Bob LeLacheur, Town Counsel Ray Miyares, Executive Assistant Paula Schena, Jayne Miller, Stephen Crook, Cherrie Dubois, Bill Brown, Al Sylvia, Jeff Zager, Jean Delios, Vicki Yablonsky, Jeanne Borawski, Greg Burns, Linda Snow Dockser, Foseph Zucchero, Anne Landry, Michele Sanphy, Eric Burkhart, John Doherty, David Neshat, Jen Hillery, Kate Grant, Elaine Webb, Paula Perry, Judy Barolak, Scott Kajander, Denise Fenald, Julie Joya. Minutes Respectfully Submitted By: Secretary Topics of Discussion: Reports and Comments Selectmen's Liaison Reoorts and Comments - Kevin Sexton noted that Kevin Vendt from RCN will be holding a RCN live event on May 11a to meet with Boards, Committees and Commissions to find out what is going on in the community. He and Barry Berman attended the ZBA 40B meeting to listen to the report from the Peer Reviewers. There was a lot of public concern regarding density and parking. The Architect feels they need to aquire Brown's Auto to make this work. He also mentioned that the overhangs go over the neighbors land and there is insufficient height for the garage. There are only 78 parking spots on the plan not 80. Also, the people parking on Prescott Street in front of the building will lose their parking spaces because the sidewalk and curb will push out into the street. There also is only one stairway In each building. They should have two elevators and they will need a transformer. John Halsey asked how they will stage the project for construction because they would be in the neighbor's property. Kevin Sexton noted they did not cover that. The Town Manager noted that construction staging was an Issue from the beginning and they have no idea how they will stage. John Halsey asked when the deadline is and Kevin Sexton noted July 4`h. John Halsey asked if they asked for an extension and Kevin Sexton noted not yet. ' John Halsey noted that the subcommittee for the Birch Meadow Project continues to prepare recommendations. Page I 1 B9ard of Selectmen Minutes - March 22 2016 - page 2 Public Comment - Bill Brown noted that nine Veterans from the Scuttlebut Group went to Pease Airport to act as greeters. It was a nice experience and 937 flights have been ' greeted to date. Town Manager's Report - The Town Manager noted that the Reading Public Safety is ranked 12"' in the state. Congratulations to Police and Fire. Discussion/Action Items Sown Accountant Ouarterly Report - Town Accountant Sharon Angstrom noted that 76% of revenues have been collected and we have expended approximately 68% of the budget. We have a new rep at the Department of Revenue. The FYIS audit has been received and she will email it to the Board. She will be scheduling a meeting of the Audit Committee. The Assistant Treasurer retired and we filled the vacancy by promoting within so she has been busy doing two jobs. She has been doing a lot of Munis training for new employees. Sharon Angstrom noted that there was a problem with the Ecard. The problem was not intentional, it seems they were not aware of the restrictions on the card. The Ecard cannot be used for travel but it was recently used by employees when they attended a conference. She noted that it Is a hardship for some employees to put the expenses on their personal credit card and some employees don't have a credit card. We do allow for students to use it on overseas trips. John Arena noted that the Ecard is not a credit card and we need to educate the employees. He does not feel the need to change the policy. John Halsey asked if there was any reason to change the policy and Ms. Angstrom noted not really, The Town Manager suggested when there is a full Board that they discuss when the Town Accountant can make an exception. Sharon Angstrom noted that the Human Resource Administrator had to pay for the food for the assessment center this past week because the Ecard cannot be used for food and we have no other means for these types of events. , Change of Manager Anthony's Coal Fired Pizza - Attorney Caroline Cole and new Manager John Bouche were present. The Town Manager noted that the police reviewed the application and they have no problem. He also noted that this business is extremely well managed. All comments from residents is that the food and service are great. A motion by Arena seconded by Sexton to approve John C Bouche as the new Manager of Anthony's Coal Fired Pizza. 48 Walkers Brook Drive was approved by a vote of 3-0-0. Hearing - Alteration of Premises - Liguor Junction - The Secretary read the hearing notice. The Patel's were present. They noted that the request is to Increase storage the area and it will not Impact the retail space. John Halsey asked if they are shrinking the retail space and it was noted they are not. A motion by Arena seconded by Sexton that the Board of Selectmen close the hearing on the alteration of premises for Mal and Kevin LLC d/b/a Liquor Junction, 1 General Way was approved by a vote of 3-0-0 A motion by Arena seconded by Sexton that the Board of Selectmen approve the alteration of Premises for Kaial and Kevin LLC d/b/a Liquor Junction, 1 General Way, by allowing the expansion of the back of the store by 1100 square feet for storage: and no retail space will be added as part of this alteration as indicated on the plan entitled• "Liquor Junction Reading Expansion A-1" was approved by a ' vote of 3-0-0. Hearing - Amend Liquor License Policy - The Secretary read the hearing notice. Attorney Brad Latham and Judy Barolak were present. Attorney Ray Miyares noted that the Town Manager asked him to look at issuing a liquor license to establishments that don't serve food. State law has five categories for on premises licenses: restaurant, hotel, club, general Page 1 2 Board of Selectmen Minutes - March 22. 2016 - pace 3 on premise and tavern. The General on Premises license is for no food. The Board of Selectmen policies do not address this type of license. ' Town Counsel noted that Section 3.2.4.5 of the Selectmen's Policies allows to serve alcohol to instructional classes under the Restaurant policy not a General on Premise license. He noted that the Board of Selectmen has not authorized issuance of General on Premise licenses. If the Selectmen want General on Premise licenses then they should create a new section to provide for this and set a fee with hours. Town Counsel also recommended adding a provision for farmers markets. The change in policy will allow the Board to move ahead. Attorney Brad Latham and Judy Barolak were present. Attorney Latham noted that Mrs. Barolak is proposing having the Paint and Sip at her husband's facility at 78 Haven Street. She would like to serve wine or beer during class and it will be off hours of Atlantic Sign. He noted this is usually a social event for women usually 35 - 60 years old. They are residents and have children in the school system. The hope is that patrons would visit the downtown restaurants afterward. John Arena noted he was a proponent of this two years ago but once this is on the books we are entering new turf. He asked Mrs. Barolak if she has done anything in the past two years. Mrs. Barolak noted she has been looking for a place. The Town Manager noted that the Board of Selectmen approved one exception two years ago but Town Counsel says it is not appropriate with the ABCC regulations. Town Counsel noted that the Board can impose limitations as far as the number of hours as ' long as the applicant agrees but the applicant could come back and ask to remove the limitations. The Town Manager noted that Denise Lake from Century 21 has a request from Tropical Salon and Spa to serve complimentary wine. So there will be others to follow. He also noted that the Town is allowed 25 on premise licenses and 10 are available. They are issued first come first serve. John Halsey noted that if they make the change in the policy that will open up the last 10 licenses. Town Counsel noted that the Board can determine they don't want to issue anymore. They could adopt a policy. Kevin Sexton asked if the hours for all pouring licenses are 11:00 a.m. to 11:00 p.m. and Town Counsel Indicated yes. John Arena asked the definition of a club license and Town Counsel noted membership and it has to be a charitable organization. John Halsey noted that this changes the scope of how to play out over time. He wants to support and promote business in Reading but when adding alcohol we are adding a whole layer of discussion. He has concerns and suggests continuing the hearing until all five members are present. Kevin Sexton asked what we have for TIPS requirement and Town Counsel noted that can be put In a policy or as a condition on the license. ' The Town Manager noted that Newton issued one license for this and limited the days and limited the number of drinks per person. Judy Barolak noted it will probably be for three evenings - Thursday, Friday and Saturday evenings. She noted Newton approved only one General on Premise license with unique conditions. Page 1 3 Board of Selectmen Minutes - March 22 2016 - Daae 4 Kevin Sexton noted that Newton carved out a monopoly and he is not in favor of that. He is in favor of a bigger discussion with the full Board. A motion by Arena seconded by Sexton to continue the hearing on amending , Section 3,2.4 of the Board of Selectmen Liauor License Policies to April 5`^ at 9 00 P.m. was approved by a vote of 3-0-0 Town of Reading Financial Overview - Ethics RIs for an Override - Mark Dockser called the Finance Committee to order and Chuck Robinson called the School Committee to order. Town Counsel noted that when there is a ballot question Boards, Committees and Commission need guidance as to what they can do. He has a handout that will go on the website. He noted that there are two laws that need to be followed - Campaign Finance Law and State Ethics Law. All members of Boards, Committees and Commissions have had ethics training. If something is prohibited by one law then it's prohibited. Campaign Finance focuses on government being kept separate. Ethics law focuses on employees not using their position to influence. Town Counsel noted that elected officials cannot engage In political activity during the workday. Campaign Finance says elected officials can discuss at meetings, post information on bulletin boards or website and they can appear on cable television. Public resources cannot be used to promote or oppose a ballot question. Email addresses can be shared with everyone who asks. John Arena asked how a person would come upon email addresses and if a list of emails is compounded by the Town Is it a public record. Town Counsel noted email addresses are a public record but the list has to already exist. If you have to.create the list then you would be using public resources and that cannot be done and it is not available to the public. ' Elaine Webb noted that she signed up to receive messages from the Town so does that mean a list exists? The Town Manager noted that we have a list for newsletters but when people sign upon the website there is no list. Chuck Robinson noted that he has extensive lists of emails. Town Counsel noted that his personal emails and lists are private. If It is a School Committee list then it is a public record. Also, Town Counsel noted that you cannot ask why a person is requesting the Information. Chuck Robinson noted that all public officials have email lists that they use when running for re-election. Town Counsel noted that list is personal. Elaine Webb noted that she supplies her email to many school people as a parent and she asked If that is a public record. Town Counsel it is. Elaine Webb disagreed. Jeanne Borawski shared the same concern as Elaine Webb. She asked if vendor lists fall under state law and Town Counsel noted that vendor lists are not a public record. Town Counsel noted that elected or appointed officials may vote as a body to recommend the ballot question. They can also provide neutral information but cannot use public resources to advocate. John Arena asked If they can announce that a Board approved and Town Counsel Indicated yes and they can issue a statement. Jennifer Hillery noted that she called the State Ethics Committee and Town Meeting members are exempt. , Linda Snow Dockser referred to the question of lists. She noted that there is an implicit agreement between the schools and parents that we do not give out emails. She is troubled by this. She noted that people choose what they want to be Involved in. On another note, she asked Town Counsel to clarify that a Board can vote to support or not support a ballot Page 14 Beard of Selectmen Minutes - March 22 2016 - page 5 question but they cannot advocate for it. Town Counsel noted that it is okay for them to advocate as long as It is a public meeting that everyone has access to. ' John Doherty noted that he doesn't have the ability to create a list. Town Counsel responded that he is not required to create one. Kevin Sexton asked if a third party vendor is obliged and Town Counsel indicated no. Sharon Angstrom asked if she received a request for a list could be charge them to create one? Town Counsel noted that if the list does not exist then we don't have to create one, but if they ask for a print out of all the emails we have to provide and can charge for that. Elaine Webb asked if she is going door to door can she introduce herself as a School Committee member and Town Counsel indicated she can as long as it doesn't cost money. John Halsey asked if groups advocating for or against the ballot question use rooms in public buildings. Town Counsel noted that they can as long as the buildings are available to both groups. John Halsey asked if it is okay for him to appear in public to give information and Town Counsel noted It is okay. Mark Dockser asked what information can be produced by a Board and how can it be distributed. Town Counsel noted that if a committee creates a document in favor of the ballot question and lists the reasons why, then gives it to someone who asks for it then that is okay. If the committee starts disseminating in other ways then it would be questionable. Barry Berman noted that during the last ballot question a bulletin was sent home through the schools that were printed at the schools. Town Counsel noted that practice Is frowned upon. The PTO could probably do it but it is best to leave the kids out of it.. Eric Burkhart asked what the consequences are. Town Counsel noted if It is a Campaign Finance taw someone could filed a.complaint and the office will Issue a ruling several months later. If it is an Ethics taw then there could be a penalty. The Finance Committee and School Committee adjourned at 9:28 p.m. Calendar and Next Steps - The Town Manager suggested discussing the override at their May 3 and May 17 meetings then do 2 or 3 neighborhood meetings in May before school is out. The Town Manager asked what % complete presentation we should take to the neighborhoods. John Arena Indicated this is the best chance to get the facts out. It would be good to show where we are and where we are going. We also need to determine how much to ask for. John Halsey noted there is a certain value in crafting budget questions; show how to prioritize the use of free cash and to note that if we run out of money certain services will be cut. The Town Manager noted that he can create a level fund override and then breakdown adding items in. John Halsey recommended creating an appendix. ' Hearin - Set Water. Sewer and Storm Water Rates for FY17 - The Secretary read the hearing notice. The Town Manager noted that if we set the rate tonight we can provide more information to Town Meeting. The Town Manager noted that one factor that impacts rates are local costs which include wages, local expenses, general fund overhead, debt and capital. MWRA charges are out of Page 1 5 Board of Selectmen Minutes - March 22 2016 - pace 6 our control so we use reserves to smooth costs. Conservation has cost us money. The total use of water In the community has slowed down. He has received no complaints about ' eliminating the discount and there is no rush on the last day. The Town Manager suggests using $800,000 of water reserves for large projects. If he uses $800,000 then that will be a 5% increase. He noted that 81% of sewer rates and 34% of water rates are set by the MWRA. There are new regulations coming out for storm water. We have two large river drainage projects to be done so next year the outlook will be $1.7 million of drainage projects which will be an $80 charge. John Arena noted it would be helpful to see household rates. Bill Brown noted that the Supreme Court ruled if it benefits the whole community then it has to be a tax, not a fee. A motion by Arena seconded by Sexton to close the h aring on setting the FY17 water. sewer and storm water rates was aooroved by a vote of 3-0-0 A motion by Arena seconded by Sexton to set the FY2017 water rate at $9.64 Per 100 cubic feet with a minimum quarterly bill of $19.28 effective with the December, 2016 billing was approved by a vote of 3-0-0 A motion by Arena seconded by Sexton to set the FY2017 s wer rate at $9.83 Per 100 cubic feet with a minimum quarterly bill of $19.76 effective with the December. 2016 billing was approved by a vote of 3-0-0 A motion by Arena seconded by Sexton to set the Storm Water Rate at $40 per ' unit (3210 square feet) per year to be billed quarterly effective with the December, 2016 billing was agproy d by a vote of 3-0-0. Hearing - Approve Amendments to FY16 Non-Union Classification Plan (Purchasing Agent to be shared with Schoolsl - The Secretary read the hearing notice. The Town Manager noted that they interviewed for the Purchasing Agent and had one qualified person and that person declined the job. He has decided to combine procurement for the schools and have one person centralized. The intent is to rename the position Procurement Officer and move It from Step H to Step I. John Arena asked when Town funds change if we will unwind this position and the Town Manager noted he would rather spend the money on a high quality employee and cut positions. If resources get tight we will cut jobs. A motion by Arena seconded by Sexton to close the hearing on amendments to the FY16 Non-Union Classification Plan was approved by a vote of 3-0-0 A motion by Arena seconded by Sexton that the Board of Selectmen approve the amendments to the FY16 Non-Union Classification Plan which will upgrade the vacant Purchasing Agent Position by one grade and renaring it to Procurement Officer was approved by a vote of 3-0-0 Vote Annual Town Meeting Warrant Articles - The Town Manager noted Article 4 is Capital. It is mostly rearranging but a new dump truck is an urgent item needed. ' Article 5 is budget changes. We use no free cash but there are two big items - $125,000 for consulting services for security system which will create a lot of discussion within the community and $150,000 for the first year of funding for the new K-12 science curriculum. The latter would be a nonrecurring cost so it keeps It out of the budget. Page 1 6 Board of Selectmen Minutes - March 22, 2016 - paoe 7 Article 6 moves money into OPEB. Article 7 is the Animal Control Bylaw. Article 8 is the Affordable Housing Trust Fund. Article 9 is the adding the Economic Development Planner ' to the revolving fund. Article 10 is to dispose of tangible surplus equipment and Article 11 is to pay for an outstanding Canon bill. A motion by Arena seconded by Sexton to recommend the subiect matter of Articles 4 - 6 and Articles 8 - 13 was approved by a vote of 3-0-0. John Halsey asked Town Counsel to review Article 7 - the Animal Control Bylaw. Town Counsel noted that in 2012 the state revised the law regarding kennels, licensing and control of dogs so it is necessary to make the Town's Bylaw consistent with the state law. Some of the changes made Include removing definitions that are not in the state law; changes the licensing and fees to be determined by Town Meeting; nuisance conditions are referenced to the state law. The Animal Control Officer information is unchanged except they now keep a record of complaints in writing. The Animal Control Appeals Committee is the appeal authority, not the Board of Selectmen. John Arena asked if four or more dogs require a kennel license and Town Counsel indicated that is correct. It used to be five or more. John Arena asked if litters count and Town Counsel Indicated it does not. John Arena noted that a quick summary sheet for Town Meeting would be helpful. A motion by Arena seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 7 of the 2016 Annual Town meeting Warrant was approved by a vote of 3-0-0. Approval of Minutes A motion by Arena seconded by Sexton to approve the minutes of March 8. 2016 was approved by a vote of 3-0-0. A motion by Arena seconded by Sexton to adiourn the meeting at 10:40 a.m. was approved by a vote of 3-0-0. Respectfully submitted, Secretpry C - 1 Pd9C 17