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HomeMy WebLinkAbout2016-09-20 Board of Selectmen Minutes + ` r+oi Town of Reading 43 Meeting Minutes ♦ h ' Board - Committee - Commission - Council: Board of Selectmen Date: 2016-09-20 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Attendees: Members - Present: Chairman John Halsey, Vice Chairman Kevin Sexton, Secretary Barry Berman (remotely), John Arena and Daniel Ensminger Members - Not Present: Others Present: Town Manager Bob LeLacheur, Nancy Heffernan, John Daly, Beth Klepeis, Paula Schena, Bill Brown, Stephen crook, Al Sylvia, David Tuttle, Brian O'Mara and Jeff Hansen Minutes Respectfully Submitted By: Secretary Barry Berman ' Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Daniel Ensminger noted that Town Meeting passed the senior tax relief and the Home Rule Petition will be effective FY18. He also reminded the public that there Is a special election on October 18 regarding an override request for $7.5 million. John Halsey echoed Daniel Ensminger's comments regarding Town Meeting and noted that it was long overdue. He noted that the questions were good and it came to a good conclusion. - Public Comment - Bill Brown noted that he received a phone call regarding children playing soccer in Memorial Park and that is not allowed according to Town Meeting action in 1917. John Halsey noted that Memorial Park was the subject of much discussion and there was a more recent court decision on Memorial Park. John Arena referred to the paragraph above the highlighted section and asked who is the object - the Town or the individual. John Halsey thanked Mr. Brown and noted that the Board will take this under advisement. Town Manager's Report - The Town Manager noted that he went to a Police Accreditation ceremony and he noted that accreditation is a very rigorous review. This was our re- accreditation. The Police Department recently did liquor compliance checks and all were 100% compliant. In the Board's packet is a thank you letter regarding gas leaks; a thank ' you letter from Mr. and Mrs. Latham to the MWRA and an invitation from the Cardinal to attend a Mass for Public Safety Personnel and families. Town Clerk Laura Gemme was present to review early voting. She noted that the new law starts with the November election and the dates for early voting are October 24 - November 4th. She is required to be open regular hours and two days that are not regular hours. We Page 1 1 Board of Selectmen Minutes - September 20. 2016 - page 2 will do Saturday, October 29 and Friday, November 4`h. The ballots will be sealed and put into a locked container. Early voters cannot make a change on the ballot but absentee can make changes. ' John Arena noted that his son voted absentee but when he went to vote his son's name was not checked off. Laura Gemme noted that it will get checked off when the ballot is run - through the machine. If someone votes early their name will be checked, just not with the absentee. John Halsey asked how much the early voting will cost us and Laura Gemme noted the room has to be manned by two staff and we have the two additlonal off days to pay for. Laura Gemme noted that the Town Clerks' Association is trying to get funding for it. The Town Manager noted that only one of the surrounding towns is doing Saturday because it is an unfunded mandate. John Halsey asked if the ballots will be removed from the room or locked in. Laura Gemme noted that everything will stay in the room and the room will be locked. The ballots will be put in the safe at the end of the day. John Arena asked about the RCN cameras that are in the room and John Halsey suggested that a hood be put on the cameras. Discussion/Action Items Trust Fund Commissioners - Trust Fund Commissioners Nancy Heffernan, Beth Klepeis, Barry Berman (remotely) and John Daly were present. The Trust Fund Commissioners called to order at 7:15 p.m. Beth Klepeis noted that the Act of Mass Legislation in 1926 requires the Trust Fund ' Commissioners to manage, invest and distribute the Income of Reading Trust Funds. In 1986 a Charter study restated the mission of the Trust Fund Commissioners. In 2004 it was updated so that the Selectmen can appoint an ex-officio member. Beth Klepeis noted that in 1925 Gilman Parker willed to the Town $35,000 as a Hospital Trust Fund to build a hospital. In 1947 Stephen Foster willed to the Town $3872 and in 1952 Anne Grouard willed $75,000 to the Town to be used to pay hospital bills of needy people until that hospital was built. In 1988 the probate court judged that the money could be used for in-home health care and for transportation to hospitals since there is no probability of being able to build a hospital. The transportation program is very popular but the taxi people cannot sign people out from the hospital when someone Is having tests done so the Homecare aids from Hallmark are covered for that. Reading Response was set up and it pays for 140+ clients for Lifeline, homecare aide escort service, homecare aide respite care. In addition, RCASA needed money for the William James College interface which helps people find the help they need. The Trust pays for 900 - 1000 rides yearly through Mass Tran. John Arena asked if there is any sense of the number using the escort service and Beth Klepeis noted it is a fairly new program and we need to advertise it better. Beth Klepeis noted that other trust funds Include Cemetery, Library, Scholarships, Veterans Memorial, Celebration and Historical Preservation, Downtown Improvements and Events, Historical Commission Trust and Elder Services. Beth Klepeis noted that the investment policies of the Trust Fund Commissioners is no more ' than 25% of portfolio will be invested in equities and the remainder will be invested in bonds or CD's. Beth Klepeis reviewed the balances in the trust funds as of June 30, 2016. Page 1 2 Board of Selectmen Minutes - September 20. 2016 - oaae 3 Daniel Ensminger asked what the $7,700 Historical Preservation was spent on and Beth Klepeis noted she will find out and get back to him. - ' The Trust Fund Commissioners adjourned at 8:10 p.m. Board of Selectmen Policies: Update on Article 3 Class II Licenses - The Town Manager noted that this is an introduction of Town policies and no decisions will be made tonight. Police Chief Mark Segalla noted that the CORI Fingerprint Criminal History Checks Bylaw has not been enacted yet. Town Meeting enacted it but the Selectmen did not move forward with this. Chief Segalla noted that Class I goes through a rigorous investigation by the State. We currently have eight or nine Class II licenses and we only do an in-house check for them because we would need to fingerprint to do a CORI. The Mass General taw allows the Police Department to do fingerprint background check for Hawking, Peddlers, Door to Door Sales People, Manager of Alcohol beverage license, Owner or Operator of public conveyance, dealer of second hand articles, hackney drivers and Ice cream truck vendors. The Board can charge up to $100 fee. John Arena noted that he a member of a large nonprofit and he does a CORI without fingerprints or a charge. He asked who the report gets sent back to and Chief Segalla noted it goes to the State Police, then to the FBI and then back to the State Police. The Town Manager noted that the Town doesn't have to charge but can. He also noted that the fingerprinting has to be done for all in a certain line of business Le. we can't pick just one Class II license holder - we have to do all Class II license holders. ' Chief Segalla noted that the Board needs to define second hand articles in Section 7.6.3.2 of the General Bylaws. John Arena requested that Chief Segalla and the Town Manager put together a chart with columns showing the licenses and where it is on the list and then bring it back to the Board of Selectmen. Town Manager Performance Evaluation Process - The Town Manager noted that he filled out the form that all employees use. The consensus of the Board was they like the form. The Town Manager noted that the Department Heads thought about evaluating volunteers and Barry Berman noted that we have a process through the Volunteer Appointment Subcommittee when some don't get reappointed. John Halsey agreed that Is a good way to evaluate individuals but it would be helpful to evaluate as a whole. He suggested perhaps using the liaison to give feedback. He feels it would be nice to give guidance Instead of waiting until the term expires. The Town Manager noted that he will send the performance evaluation form out to the Board this weekend. Close Warrant for November Subsequent Town Meeting - Town Counsel Ray Miyares noted that Article 14 is a request to abandon a drainage easement so the property owner can build a garage. Ray Miyares noted that Articles 15 and 16 are regarding Oakland Road. In 2011 there was an effort to discontinue roads and transfer to the Board of Selectmen to put up for sale but the description of the roads were not entirely accurate. A portion under control of the School Committee was originally acquired in 1937. Page 1 3 Board of Selectmen Minutes - September 20. 2016 - page 4 Bill Brown noted that the land was changed over to the School Committee in 1954 but the other portion never went to them. In 1946 the School Committee was told to take a portion or all of plot 23. ' Ray Miyares noted that the correct process is to discontinue as private ways but Town Meeting discontinued as public ways. In addition, the School Committee land has grown and shrunk over the years so it is best to pretend none of that happened. So, Article 15 will be to discontinue as private ways. Article 16 will be to hear the report of the School Committee or any other public body so if the School Committee or Board of Selectmen need to take a vote they can. Ray Miyares noted that Article 17 is for non-substantive alphanumeric changes. The Town Clerk currently has authority to make number changes and this will allow her to make non- substantive alphanumeric changes and she will make sure the change is noted. Article 18 is part of the Municipal Modernization Act to amend Section 6.6 Revolving Funds. This requires showing where receipts come from and being spent and It will set a limit of how much is spent yearly. Daniel Ensminger asked if this is for the School Committee also and Ray Mlyares responded no, their funds are under a different law. John Arena asked if this means that if someone wants to create a revolving fund we will have to change the Bylaw and Ray Miyares responded yes. Article 19 - MS4 Permit - Storm Water Management - Ray Miyares noted that the Federal law was recently modernized. Under the new MS4 Permit we will need to make a report saying we are in compliance with the permit so we will need to adapt so we are in compliance. This will require developers to submit three plans. Daniel Ensminger asked when this kicks In and It was noted for one acre or more - agriculture is exempt, anyone is ' already in process is exempt and lawn care is exempt. John Halsey asked if this costly and it was noted that developers are used to this - it pertains to drainage. Article 20 - DPW - Ray Miyares noted that when the Charter was revised it addressed Boards, Committees and Commissions but not departments so we need to add that the Department of Public Works exists (that was in the old Charter). We gave them control of water and sewer. Article 21 - Temporary Repairs on Private Ways - Ray Miyares noted that the current practice is if the road is in a bad way then the DPW repairs to allow public safety vehicles access to the road. The importance of this article is that Is enables the Town to protect itself from liabilities. Section 8.5.3.10 Is a $500 limitation per occurrence for liability of any damages arising from negligent repair. Barry Berman asked If we had that now and Ray Miyares noted we don't because it is not a public way. John Arena asked if we work on the water system and flood someone how are we covered. Ray Miyares noted that this is only for repairs to roads. If it was water it would be a tort claim. Article 22 establishes a storm water utility which the Town already does; this puts it into a Bylaw. Article 23 - illicit connections and discharging - prevents people from discharging Into the storm drain. It gives the DPW authority to demand the connection be removed. Article 24 corrects errors in numbering. Article 25 Site Plan Review - Makes a distinction between major and minor and a bunch of small changes. John Arena asked if this is a before and after candidate and Jeff Hansen noted that CPDC will do a presentation with bold and cross out. ' Ray Miyares noted that Article 26 add a new use to the Zoning Bylaw for pet grooming. Jeff Hansen called CPDC to order at 9:35 p.m. Page 1 4 Board of Selectmen Minutes - September 20. 2016 -Qaoe 5 Article 27 covers special home occupation allows to employee one person. Daniel Ensminger noted this adds to the homeowner right it does not take away and Ray Miyares noted that was correct. Jean Dellos noted this is for someone who has a small food service and wants to hire a person during the holidays to come in to work to help out. Article 28 increases the size of an accessory apartment because the existing restrictions are too restrictive. Jean Dellos noted that the size if now 750 square feet and it Is being changed to 1000 square feet. It is simple and easy for the Building Department. Article 29 Is for Permitted Accessor Buildings and Structures - there are a lot of small changes. Article 30 revised provisions governing lot space. The attempt is to limit lots that have really strange angles. John Arena noted Town Meeting will want drawings for this one. Article 31 is the Sign Bylaw. Ray Miyares noted that CPDC decided to do this in two steps. He noted that the Supreme Court invalidated most everyone's sign regulations because if they are regulated by function then they are regulating by content and that's against the 1n amendment. So, 60 days before the election they can have unlimited number of lawn signs. This will just bring into line with the constitution, this is not the final version. David Tuttle noted that almost every definition was based on content and that was a challenge. Ray Miyares noted that other towns have shorter regulations that are three pages. John Halsey noted that he is stunned by the insatiable need to make things harder and he asked CPDC to economize. John Arena asked if we are creating any new classes that weren't there before. ' CPDC adjourned at 10:00 p.m. The Town Manager went on to review the remainder of the Warrant Articles. He noted that Articles 1 - 3 are by Charter. Article 4 disposes of surplus property. Article 5 is the Library project debt. Article 6 rescinds debt that was authorized. Article 7 moves existing debt which is mostly the RMHS wall in the amount of $141,000 which has already been issued. He recommends transferring to the Library project and if we don't need it all we will move it elsewhere. He noted that the Library changes weekly. Kevin Sexton asked how long the warranties are and the Town Manager noted it goes by product. The Town Manager noted that he told everyone he needs paperwork by October 101h if they want to be paid in November versus next spring. Article 9 is a grant/loan program for sewers - we are correcting a previous vote. Article 10 allows us to ask for more funds for the Library if need be to wrap up finances. Article 11 is amending the current budget. Someone needs to make a motion to take the money for the cemetery garage out to stop the project. Daniel Ensminger noted that the Selectmen should just do this Instead of an instructional motion. The Town Manager noted that the Permanent Building Committee would like to some in to speak with the Selectmen about this whole process. Also, if $2.5 million is needed for the cemetery garage it has to go to the voters. John Halsey noted that residents are questioning why we are doing this now in light of finances and they are getting the run around. The Town Manager noted that Cemetery Trustees and Bill Brown took a run at this a couple of times. In addition, Facilities has made the building safe. Town Meeting needs to rely on professionals and not instructional motions. The Town Manager noted that at one time both the Finance Committee and Board of Selectmen were opposed to this project. John Halsey noted that ' residents need to know that. The Town Manager noted that Article 12 is to pay prior year bills and Article 13 is the Retirement Board request for COLA for retirees. Page 1 5 Board of Selectmen Minutes - September 20. 2016 - page 6 A motion by Ensminger seconded by Arena to close the Warrant for the 2016 November Subseauent Town Meeting consisting of 31 Articles to take Pian on November 14. 2016 at the Reading Memorial High School Performing Arts Center, 7 62 Oakland Road at 7:30 p.m. was approved on a roll call vote with all five J members voting in the affirmative. Approval of Minutes A motion by Ensminaer seconded by Arena to approve the minutes of September 6, 2016 was approved on a roil call vote with all five members voting in the affirmative. A motion by Ensminaer seconded by Arena to adiourn the meeting at 10.29 P.m. was approved on a roll call vote with all five members voting in the affirmative. Resp Ily submitted, S eta 1 Page 1 6 v