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HomeMy WebLinkAbout2016-12-13 Board of Selectmen Minutes r k Town of Reading b Meeting Minutes -IVES E RK Board - Committee - Commission - Council: Board of Selectmen l ,' h All: 3 Date: 2016-12-13 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, John Arena, Daniel Ensminger Members - Not Present: Others Present: Town Manager Bob LeLacheur, Executive Assistant Paula Schena, Gregory Stepler, Patrick Tompkins, John Coote, Nancy Twomey, Bradford Congdon, Michael Bean, David Traniello, Bill Brown, Marcel Dubois, Stephen Crook, Jeff Struble, Paul Sylvester, John Coote, Tony D'Arezzo, A. J. Jemett Minutes Respectfully Submitted By: Secretary Barry Berman Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Daniel Ensminger noted that the legal notice was published in yesterday's Chronicle regarding the hearings on marijuana. The Town Manager noted that Wakefield and Lynnfield did something similar. Kevin Sexton noted that the ZBA final open meeting on the 40B at Lincoln and Prescott Streets is this Thursday. He is unable to attend, but Barry Berman will attend for him. He noted that the developer is requesting 30 compact spaces; a lesser number of units and they found room onsite for the loading zone. John Halsey noted that he's been waiting to write the letter to ZBA. Selectmen had an informal request leading to a formal request to grant space on the public way but they have not received any material on it. Kevin Sexton noted that it looks like they are trying to solve the problem onsite. ZBA Chairman David Traniello noted that the hearing will be closed on December 15`h and a decision will be filed within 40 days. John Arena noted that the Selectmen were displeased with what they were asking for. He noted that the developer is also the Chairman of the ZBA in another community so he knows the drill - he's not an amateur. John Arena noted that he heard there was going to be tandem parking and David Traniello noted he has not seen the new plans yet or revised list of possible waivers. Daniel Ensminger noted that a compact space is 6" smaller so if a full size vehicle parks in one they will be hitting vehicles. John Arena thanked Town Meeting for the positive ending. Page 1 1 Board of Selectmen Minutes - December 13, 2016 - page 2 Barry Berman noted that there was a deteriorating trust of Town government in the air of Town Meeting. He feels it is important to go through all of the things that we have done to correct. We need to win back the trust. Public Comment - Bill Brown noted that Town Meeting members should get more involved - too. Town Manager's Report - The Town Manager noted that Town Meeting members asked how they can participate in litigation but they can't. It would have been helpful if Town Meeting members had the agreement at the beginning of Town Meeting to look at for a couple of days. John Halsey noted that Town Meeting was advised of potential litigation and some Town Meeting members did their own research. Discussion/Action Items Approve Internal Borrowing for RMHS/TLT Settlement - John Halsey suggested that we move ahead with internal borrowing. The Town Manager noted that we want to press MSBA for reimbursement. We are prepared to pay by December 30th if they give us the wiring information. A motion by Berman seconded by Ensminger that the Board of Selectmen approve the internal borrowing in the amount of $3,000,000 for Reading Memorial High School Repairs and Additions (TLT Litigation) as authorized by Article 4 of the Special Town meeting on 12-8-16 was approved by a vote of 5-0-0. Discuss Permanent Building Committee Bylaw - Joint Meeting with Permanent Building, Committee and Bylaw Committee and Representatives from the Library Trustees and School Committee - Gregory Stepler called the Permanent Building Committee to order. The Bylaw Committee also called to order. The Town Manager noted that the Permanent Building Committee worked on the cemetery space needs and establishing a formal Permanent Building Committee Bylaw. The first section of the Bylaw is Assessment. The Bylaw needs to be changed so that only three elected Boards can bring them a project. In addition, the Permanent Building Committee can decline an application if timelines cannot be met. The evaluation process would include archive information, site visits, and stakeholder meetings. The formal evaluation would be measured against established metrics. The Town Manager noted that the findings would be reported to all Boards and the Town Manager. They would then get ready for Town Meeting approval. The Town Manager noted that the design phase is next and asked if this is when we appoint temporary members. Gregory Stepler noted that they need to evaluate and get costs, etc. to bring to Town Meeting. They will hire a design consultant, do traffic studies, noise mitigation, etc. to get a conceptual cost. The Town Manager noted that the budget will have $75k for the design period. Barry Berman noted that it is not a project until Town Meeting authorizes. Gregory Stepler noted that the Permanent Building Committee would ask for money to further the design. The Town Manager noted that once it is a real project and funded, the Permanent Building Committee will want to know their role during construction. The Library Building Committee was advisory to the DPW Director and he reported to the Town Manager. John Halsey noted that we can't ask volunteer Board, Committee and Commission members to take on tasks that they should be paid for. Barry Berman noted that they could vet and make sure we have the best project manager and that the project is iron clad. Page 1 2 Board of Selectmen Minutes — December 13, 2016 — page 3 The Town Manager asked how the Permanent Building Committee could have acted differently with the Library project and Daniel Ensminger noted a better upfront look at options would have helped. Nancy Twomey agreed. Barry Berman noted that the project was already underway when the Library Building Committee was formed. Gregory Stepler noted that they were already down the path of the grant application when the Library Building Committee was formed. They could have done more investigation by speaking with employees. The foundation leaked like a sieve but no waterproofing was incorporated in the plan originally. John Arena noted that the process is the issue that could have disclosed that. Gregory Stepler noted that good record keeping and stakeholder interviews would have helped. Unforeseen conditions drove the budget higher. The Town Manager noted that Facilities had all of the records, but wasn't asked for any of them. John Halsey noted that the work up front never happened. He asked if the Permanent Building Committee will build a manual. Gregory Stepler noted in a sense. They have a flow chart. Every building is custom. It is critical to archive material for future members of the Permanent Building Committee. John Arena asked about the role of the Permanent Building Committee during construction and it was noted not full time management but more like oversight. Gregory Stepler noted that the bylaw requires at a certain value that an OPM be hired, but it needs to be a competent one like the Library project had. Brad Congdon noted that the Permanent Building Committee will want to be part of the prequalification and bid process. Any project over $10 million will be required; under $10 million is up to the Town. He noted that contractors are required to submit financial statements and credit references. The Town can also go outside of what they submit. Barry Berman asked if there is a database on contractors and Brad Congdon noted there is. The Town Manager noted that the Chairman of the Bylaw Committee met with the Permanent Building Committee. Gregory Stepler noted that they took the original language, moved it around and changed verbiage and sent it to the Bylaw Committee. The following issues need to be addressed: clarify associate membership; clarify their involvement; sponsoring agency; application process; establish when the project exists — when Town Meeting approves; when the project exists then have temporary members. The Town Manager asked for the reasoning on when temporary members are added. Gregory Stepler noted that the rationale is to have an objective observation of the project but if they have temporary members then they will not be objective. Nancy Twomey noted that all of the meetings are open and people can attend they just can't vote. The Committee does not want bias from pre-conceived notions. Kevin Sexton asked if designs will be shown at Town Meeting. Gregory Stepler noted that every circumstance has different options. There needs to be an evaluation of each design with conceptual and conceptual costs. If Town Meeting approves a project the designers will go further and they would want stakeholders at that point. Daniel Ensminger noted that he wants to see language added to the Bylaw on siting by adding ..........."along with siting recommendations of projects." Page 1 3 Board of Selectmen Minutes - December 13, 2016 - page 4 John Arena noted that they should clarify design money and discover money and where the pool of money is. Barry Berman noted that a financing mechanism needs to be added also. Jeffrey Struble suggested putting something in regarding money authorization. He noted that the Bylaw Committee will be meeting with the Permanent Building Committee next month and they will discuss that. Gregory Stepler noted that the Permanent Building Committee is meeting on January 9th so it would be helpful to have a draft from the Bylaw Committee. The Town Manager noted that Town Counsel will also need to approve the Bylaw and get it to April Town Meeting. The Town Manager noted that he will update the School Committee on what was discussed tonight. Both the Bylaw Committee and Permanent Building Committee adjourned at 8:20 p.m. Records Officer - Administrative Services Director Matthew Kraunelis noted that the Public Records Law is changing on January 1, 2017. The Selectmen need to appoint Public Access Officers (PAO) and he recommends himself, the Town Clerk, Deputy Police Chief, Police Lt. Detective, Superintendent of Schools and the School Department Special Education Director. John Arena asked what the process will be and Matt Kraunelis noted that the PAO will look to see if the records are available and determine if we can release them or redact them. Clerical help will probably do the searching but the PAO will release the information. John Arena asked if there is a penalty if we don't produce and Matt Kraunelis noted that we can be sued. Barry Berman asked if the Fire Department needs a PAO and Matt Kraunelis noted that they can be added if need be. John Arena asked how long the appointment is for and it was noted until removed. A motion by Berman seconded by Ensminger that the Board of Selectmen appoint the following employees as Records Access Officers: Town Clerk Director of Administrative Services Deputy Police Chief Lieutenant Detective Superintendent of Schools School Department Special Education The motion was approved by a vote of 5-0-0. Hearing - Driveway Variance Request - 154 - 156 Green Street - The Secretary read the hearing notice. Town Engineer Ryan Percival noted that Engineering reviews requests and if they adhere to the policy they approve. If not, then it goes to the Parking, Traffic and Transportation Task Force and then to the Board of Selectmen. He noted that Green Street is a unique situation. There are two condos with a utility pole in front. There are two separate garages so they are proposing two separate entrances of 18 feet. It seems like a reasonable request and the PTTTF recommends approval. Page 1 4 Board of Selectmen Minutes - December 13, 2016 - oa_ge 5 Tony D'Arezzo, 130 John Street, asked if a person has a duplex can they get two 24 foot driveways and it was noted that was not the request. Mr. D'Arezzo noted that he doesn't want people to think that they can get more than one driveway just because they have a multifamily. A motion by Berman seconded by Ensminger to close the hearing on the driveway variance for 154 - 156 Green Street was approved by a vote of 5-0-0. A motion by Berman seconded by Arena that the Board of Selectmen allow two adiacent driveway openings each 18 feet in width separated by a small grass plot at 154 - 156 Green Street was approved by a vote of 5-0-0. Hearing - Driveway Variance Request - 61A Terrace Park - The Secretary read the hearing notice. Town Engineer Ryan Percival noted that this is a unique as built detached accessory apartment approved by the ZBA. The as built showed a driveway opening greater than 24 feet so it went to the PTTTF and they recommend this go before the Board of Selectmen. John Halsey asked if the building is in the front of the property and Ryan Percival indicated it is. The contractor did not adhere to the plan and the driveway opening is greater than 24 feet. The Town Manager noted that the accessory apartment was built under the revised bylaw and this is not what was imagined. The Bylaw does not stipulate that it has to be in the backyard. There is conservation land and ledge in the rear. This is a legal structure. If the community does not want buildings in the front lawn then they need to create a Bylaw indicating that. Frank Wiggins, homeowner, noted there is also a carport on the other side. The ledge hugs the driveway. It would be a high cost to remove. The contractor made the decision to do this. John Arena reiterated that the contractor followed the ledge and asked how ledge leads to a larger driveway instead of a smaller one. Mr. Wiggins responded he wasn't sure. John Halsey asked why a retaining wall is necessary. The contractor made the decision to break the zoning code, but why is it wider? Mr. Wiggins noted the contractor said to swing into the second space. John Halsey noted that the request is to forgive. He has a problem with making accommodations after the fact. John Arena noted that there is an issue with setting a precedent. This is new construction and they were given permission for 24 feet but did 32 feet. John Halsey asked if Engineering had any concerns. Ryan Percival noted there are not any safety concerns. It is designed to make those swings. Engineering had recommended cutting the asphalt. Mr. Wiggins noted that there were challenges between the Building Inspector and the contractor. His parents were told to leave because of the certificate of occupancy. The Town Manager noted that his parents were told to leave because there was live wiring in the house. John Halsey asked how much needs to be cut at the street. Ryan Percival noted 8 feet at the street and then they can flare out on the property. Page 1 5 Board of Selectmen Minutes - December 13, 2016 - page 6 John Halsey noted that the contractor broke the code so the homeowner has recourse. The triangle piece is out of code. He suggests continuing the hearing and bring back a drawing of what it would look like. John Arena showed two options to correct the situation. John Halsey noted the driveway is wrong and should be denied. Mr. Wiggins noted that he will work with the contractor to fix it. The Town Manager noted that if the contractor says he can't do 24 but can do 26 then come back to the Board. John Arena noted that we try to enforce the laws as written and the guidance was ignored by the contractor. Ryan Percival noted that it is winter time so there is a time period. They will monitor in the spring and Engineering will not sign off on the certificate of occupancy until it is done. A motion by Berman seconded by Ensminaer to close the hearing on the driveway variance for 61A Terrace Park was approved by a vote of 5-0-0. A motion by Berman seconded by Ensminaer that the Board of Selectmen approve the 32 foot driveway at 61A Terrace Park failed by a vote of 0-5-0. Approval of Minutes A motion by Berman seconded by Ensminaer that the Board of Selectmen approve the minutes of November 29, 2016 was approved by a vote of 5-0-0. A motion by Berman seconded by Arena that the Board of Selectmen adiourn the meeting at 9:30 p.m. was approved by a vote of 5-0-0. Respectfully submitted, 1/1 S"cretary Page 1 6