HomeMy WebLinkAbout2014-10-14 Board of Selectmen Minutes 0��OFNl90
Town of Reading
I Meeting Minutes
Board - Committee - Commission - Council:
Board of Selectmen
Date: 2014-10-14 Time: 7:00 PM
Building: Pleasant Street Senior Center Location: Great Room
Address: 49 Pleasant Street
Purpose: General Business
Attendees: Members - Present:
Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel
Ensminger, John Halsey and Kevin Sexton
Members - Not Present:
Others Present:
Town Manager Robert LeLacheur, Police Chief James Cormier, Town
Accountant Sharon Angstrom, Office Manager Paula Schena, Anne Marie and
Paul Gooley, Tom and Jan Jones, loan Rohracker, Jaon Mahoney, Kathy
Greenfield, Frank Coccoluto, Robert and Kelly Corwin
Minutes Respectfully Submitted By: Secretary Daniel Ensminger
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments - Marsle West noted that the Measuring
Committee did meet and they are working on the list of services.
John Halsey noted that he attended a Board of health meeting and strategic planning. They
are looking back on tobacco 21 and urging other towns to do the same. They received
information on ticks and the Information will be posted on the website. The Recreation
Committee Invited him to participate in updating the Birch Meadow Plan. The Recreation
Committee also invited him to look at an indoor facility that hosts lacrosse in Wilmington
and he will pass the information along to the Board. RCASA is hosting an Opiate Forum on
October 23.
Town Manager's Report - The Town Manager noted that the Finance Committee met and
took a two year look at 2% each year. There will be further Information at the Financial
Forum.
The Board of Assessors wants to know if the Selectmen want to do a preview of the tax
classification on October W and the hearing on November 18 or just do the hearing on
October 28u'. They should be able to get the Information to the Board on October 2P to
hold the hearing on October 281°. The consensus of the Board was to hold the hearing on
' October 28'° if the material is ready by October 23rD.
Personnel and Appointments
Badge Pinning - Police Chief James Cormier noted these are newly hired and promoted
officers as of July 1, 2014. There are eight badge pinnings this evening for two new officers
and six promotions. He reviewed each of their credentials.
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Board of Selectmen Minutes - October 14 2014 - pace 2
Officer Kaylen Gooley was pinned by her parents; Officer Matthew Orr was pinned by his
wife; Sgt. Corey Santasky was pinned by his wife; Sgt. Christine Amendola was pinned by '
her husband; Sgt. Patrick Silva was pinned by his wife and daughter; Sgt. Christopher Jones
was pinned by his wife; Lt. David Clark was pinned by his sons and Lt. Richard Abate was
pinned by his daughters.
Chairman John Arena thanked everyone for being present and indicated he was very
impressed with the credentials of the officers. He commented on how fortunate the Town is
to be able to hire officers who are the "cream of the crop" because we are no longer part of
Civil Service.
Conservation Commission - Daniel Ensminger noted that the Volunteer Appointment
Subcommittee met and interviewed Rebecca Longley for a position on the Conservation
Commission. She is a former member of the Commission.
A motion by Ensminger seconded by West that the Board of Selectmen confirm the
Volunteer Appointment Subcommittee's recommendation to appoint Rebecca
Longley to a position on the Conservation Commission with a term expiring Jun
30. 2017 was approved by a vote of S-O-O
Recreation Committee - Daniel Ensminger noted that Mary Ellen Stolecki is stepping down
to an Associate position creating the vacancy that exists. The vacancy has been posted.
The Volunteer Appointment Subcommittee interviewed Daniel Foley for a full membership
position on the Recreation Committee.
A motion by Ensmincer seconded by West that the Board of Selectmen confirm the '
Volunteer Appointment Subcommittee's recommendation to appoint Daniel Foley
to a position on the Recreation Committee with a term expiring June 30 2015 was
approved by a vote of 5-0-0.
A motion by Ensminger seconded by West that the Board of Selectmen confirm the
Volunteer Appointment Subcommittee's recommendation to appoint Mary Ellen
Stolecki to an Associate Position on the Recreation Committee with a term
expiring June 30, 2015 was approved by a vote of 5-0-0
Discussion/Action Items
Ricky's Licuor License Suspension - The Town Manager noted that Ricky's liquor appealed
their suspension to the ABCC last week and this was placed on the agenda as a place holder
should the Board of Selectmen need to take additional action. As of this moment, the Town
has not received a decision from the ABCC so no action is needed this evening.
Town Accountant Report - Town Accountant Sharon Angstrom was present to discuss the
issue regarding the sale of RMLD trucks to an RMLD employee. She noted that a timeline of
events is In tonight's handout and also attached to these minutes. It took a couple of weeks
to receive some of the Information. She noted the transaction has been reversed.
RMLD General Manager Coleen O'Brien and Julie Parenteau were present. Ms. O'Brien noted
that the previous policy was over 20 years old and needed to be updated. All policies are in
the process of being updated. She understands that the Town and Schools will also update
their policies and she would be interested in seeing those when they are done. She noted
that the RMLD policies are available on the website though there seemed to be some ,
confusion as to where they could be found on the website. Ms. O'Brien noted that the RMLD
core mission is reliability and they are in the 9Sa' percentile. She noted that 80% of the
budget is power supply. They are undergoing a comprehensive organizational study and
looking at succession planning. They are developing a 20 year strategic plan.
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Board of Selectmen Minutes - October 14 2014 - oaae 3
John Arena noted that he looks forward toward a continued collaborative relationship. He
' noted the dialogue should be collegial but it hasn't always been. He noted this Issue Is out
of the hands of the Board of Selectmen and he is confident that the Finance Committee will
do a good Job. Ms. O'Brien noted that she is coming in to talk with the Selectmen on
November W about the LED lighting, tree trimming and charging stations.
Daniel Ensminger noted that he would like to see her Board on a face to face basis. John
Arena suggested a dedicated meeting to talk about what is possible.
On another note, Town Accountant Sharon Angstrom noted an anonymous letter was
received regarding a DPW employee who purchased a DPW Town truck a while back. It was
a 1976 Chevy Dump Truck and $2195 was the high bid. The comparable range from $700 -
$3300 depending on condition. The truck was in terrible condition and sold for parts. The
truck Is not comparable to what was given but she hasn't had the chance to review it yet.
She recommends that In the future the Town get a value before going out to bid. The Town
also needs a policy to help employees not make any mistakes about a conflict of Interest.
John Halsey asked if we can require a phone call to the Ethics Commission to see if the
employee is allowed to bid and Ms. Angstrom noted she will check with the Town Clerk. She
also noted that he was supposed to notify the Town Clerk but he didn't.
Marsie West noted that the vehicle needs to be advertised long enough (longer than one
day) and to the right audience. Ms. Angstrom noted that this vehicle was advertised In
many locations and we received multiple bids.
John Halsey suggested putting a reserve clause on the auction and if the reserve is not met
then go to the high bidder and see If we can get fair value.
The Board thanked Ms. Angstrom for her work on this.
Discuss Fees and Collection Policies - Ms. Angstrom reviewed the fee analysis and noted
that she is only showing the fees that need to change. The Fire Department proposed fee
Increases Include the fire alarm permit fee Increasing from $15 to $25; the flammable
storage from $10 to $25; day care Inspections from $0 to $25; gun powder storage from
$15 to $25; single family smoke detector from $25 to $50; two family smoke detector from
$50 to $100; miscellaneous permit from $15 to $25 and the sprinkler permit from $15 to
$25. Ms. Angstrom noted that these are not a source of big revenue.
The proposed fee increases for Community Services permits Include residential plumbing 1
fixture from $22 to $45; commercial plumbing 1 fixture from $55 to $100; residential gas 1
fixture from $22 to $45; commercial gas 1 fixture from $55 to $75; residential plumbing
and gas up to 3 fixtures from $22 to $45; electrical 1 - 10 outlets from $22 to $25. There
seems to be a problem with the $22 amount in View Permit so the request Is to Increase to
$25.
The proposed fee Increase for street opening/occupancy permits includes Increasing all of
the street opening permits to $50. The sewer permits all require the.same effort so the
proposal Is to Increase from $75 to $100.
The water fees are low and should be Increased to cover the cost of the actual parts being
' replaced. This would Include increasing the 3A' valve replacement from $30 to $75 and the
1"valve replacement from $30 to $100. The meter test Increase from $15 to $50 - we do a
lot of these at the request of the homeowner and very seldom Is there a problem with the
meter. Hydrant test flow from $0 to $75 plus cost of ad; and the tapping fee for a new
house from $0 to $250. The proposal for connecting the storm water to the Town's
drainage from $0 to $75. Other Engineering proposals Include plan scans from $0 to $5 and
soil test witness/inspection from $0 to $25.
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Board of Selectmen Minutes - October 14 2014 - page 4
For late fees on dog licenses the proposal is to keep the fee at $10 or $20 plus the $50 '
bylaw violation on May 1 and then lien against the tax bill in a timeframe as prescribed by
law including a $75 recording fee and $75 release fee. If the dog owner is not the property
owner the matter would go to court as it currently does. John Arena asked what the
timeframe is for this and Ms. Angstrom indicated nine months to one year. John Halsey
noted this is not only a fee reduction but a recovery process and he likes this because it is
practical. The Town Manager noted this also simplifies the workload.
Mary Ellen O'Neill asked what happens if a dog passes. Town Clerk Laura Gemme noted
that if the dog passes in the year Issued then it will be voided for that year. She noted that
the biggest problem is that people return the form but don't put their name on it.
Compost Sticker/Depot Parkins - The Town Manager noted that the MBTA charges $4 per
day which works out to be $983 per space per year or $70,000 for 71 spaces. The Town of
Reading collects $80,000 per year for 545 spaces. Most people don't know that the Town
pays $536,000 per year to the MBTA for costs and that comes out of State aid. He suggests
splitting the Compost Center/Depot parking fees. The Town can pay our trash contractor to
pick up more leaves for approximately $25,000 per year. It costs $40,000 per year to run
the Compost Center. The community would need a lot of lead time of at least one year to
make this change.
Marsie West noted that she parks at the depot every day and the cost is too low - $.10 per
day.
vete Subseauent Town Meetino Warrant Articles - Regarding Article 6 the Town Manager '
noted that the owner of Stop and Shop is a Dutch company and they are not Interested In
acting on this Issue. They are actually thrilled that we are doing this and this gives the
Town the ability to put a bus shelter there.
Article 8 are zoning changes to be made over four Town Meetings. Marsie West noted that
the ones in November are core articles. The Town Manager noted that every Town Meeting
Member will get a large handout to read in advance. We will start Articles 7 and 8 on the
second night of Town Meeting.
Robert Corwin, 199 Summer Avenue and member of the 01867 Neighborhood Preservation
Group spoke regarding Article 9. He noted that there are over 500 lawn signs throughout
Town and 900 residents signed petitions. They are asking the Board of Selectmen to
support sending Article 9 to Town Meeting.
John Arena noted that 22 houses responded and 2 did not. He asked about the relationship
between 01867 and the sponsor or the Article the West Street Historic District Commission.
Daniel Ensminger asked for the rationale of not going all the way down Summer Avenue.
Kathy Greenfield noted that decision was up to the West Street Historic District Commission
to create the boundaries and she knows that they wanted to capture Wisteria Lodge. Daniel
Ensminger asked if the West Street Historic District Commission noticed the homes and
Kathy Greenfield indicated they did.
John Halsey noted that there was no one from the West Street Historical District
Commission here this evening. He noted they are having a public hearing on October 270" '
He would love the see the house preserved but can't vote to support an Article that the
Selectmen do not sponsor. He can't vote until he hears from the West Street Historic
District Commission and the public.
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Board of Selectmen Minutes - October 14 2014 - page 5
' John Arena asked how many homes are Involved and Kathy Greenfield indicated there are
25 parcels and 23 owners. John Arena noted he Is surprised that the West Street Historic
District Commission is not here tonight.
John Arena noted there are legal letters in tonight's packet regarding Article 9. The Town
Manager noted that the first letter is from August from Criterion and the second letter is
from the 01867 Attorney. Town Counsel agrees with the 01867 Attorney. If he didn't
agree, It wouldn't be on the Warrant.
The Town Manager noted that he spoke with Everett Blodgett, the Chairman of the West
Street Historic District Commission today. He asked Mr. Blodgett if anyone objected and
Mr. Blodgett Indicated that one person objected in writing. Mr. Blodgett requested that the
Board of Selectmen not support this Article because they are not sponsoring it.
John Halsey noted he would rather wait and hear what everyone has to say.
The Town Manager noted that the Selectmen will be posted for October 27, and there will be
a place holder on the 10/28 Selectmen's agenda for this and take no official action tonight.
Article 10 - Daniel Ensminger asked if there was any safety evidence regarding this article.
The Town Manager noted that there is no proven evidence and page 50 of tonight's handout
shows how many areas of Town could be affected by this article.
John Arena noted this Is what he meant about unintended consequences. The proponent
said there were only two or three affected by this and the Board of Selectmen acted in
haste. That is a long list on page 50. He can't support this Article.
John Halsey noted that he feels the same as John Arena and believed the process was
flawed. This Article is tied to the testimony of one complainant and this applies to
thousands of acres. People can hunt with bow and arrow and only firearms allowed by law
and those firearms do not shoot two miles. He noted that the Board heard from one person
who proposes the change the law without due process. He suggests tabling the Article.
Daniel Ensminger noted this Is like chasing a ghost and he read Section 70 of the Mass
General taw that restricts the use of weapons.
Marsie West Indicated after seeing this long list of properties that would be affected she
cannot support this Article. She was originally In favor of putting this on the Warrant but is
not supporting until due process is done.
The Town Manager noted that the Article could be indefinitely postponed or tabled. Town
Meeting will be looking for an explanation. John Halsey and Kevin Sexton indicated they
would help with the write up of the background.
A motion by Ensminger seconded by West that the Board of Selectmen recommend
the subject matter of Article 3 of the 2014 Subseauent Town Meeting Warrant was
approved by a vote of 5-0-0.
A motion by Ensminger seconded by West that the Board of Selectmen recommend
the subject matter of Article 5 of the 2014 Subseauent Town Meeting Warrant was
approved by a vote of 5-0-0.
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Bgard of Selectmen Minutes - October 14 2014 - page 6
A motion by Ensminaer seconded by West that the Board of Sel ctmen recommend
the subject matter of Article 6 of the 2014 Subsequent Town Meeting Warrant was
approved by a vote of 0-5-0.
A motion by Ensminaer seconded by West that the Board of Selectmen recommend
the subject matter of Article 8 of the 2014 Subsequent Town Meeting Warrant was
approved by a vote of 5-0-0.
A motion by Ensminger seconded by West that the Board of Selectmen recommend
the subiect matter of Article SO of the 2014 Subsequent Town Meeting Warrant
faded by a vote of 5-0-0. A motion by Ensminger seconded by West that the Board
of Selectmen move to indefinitely Postpone Article SO of the 2014 S bsecuent
Town Meeting Warrant was approved by a vote of 5-0-0
Town Man ger Evaluation - Daniel Ensminger noted that he took 31 goals and numerous
objectives and used a four number ranking system #1 is n/a; #2 is not met; #3 Is met;
and #4 Is exceeds.
John Arena noted that composite #1 is the most significant goal and he exceeds in the
succession planning and back up to eliminate the single point of failure. Number 19
commends Community Services and the Town Manager in working with the state to shape
40B developments. The Town Manager also stepped in when the Library Building Project
was going astray.
John Halsey indicated he found that since he was a newly appointed Selectmen and didn't '
have the experience that the other Selectmen had he found this a difficult task.
Kevin Sexton noted that he was not able to fill out his portion due to personal commitments
but he feels the same as John Halsey because he is new too. He noted that the Town
Manager took the ball and ran with it. Reorganization was a big factor and tough in the first
year. He is juggling a lot and the Board of Selectmen want everything done right away. He
feels the Town Manager exceeds expectations in key areas.
Marcie West noted that so many goals were met and very few didn't get done. She feels he
is moving in the right direction.
John Arena noted that the Town Manager is willing to hear critical feedback and he runs
with it. He understands and meets goals and is a real success story;
The Town Manager thanked the Board for their honesty. He noted that the Charter
Committee suggests the Town Manager not being the Ombudsman. He also feels his review
should extend beyond goals i.e. just because a goal was accomplished doesn't mean it was
done well.
Aporoval of Minutes
Amotion by Ensminger seconded by West to app ove the minutes of September
10. 2014 was approved by a vote of 5-0-0
A motion by Ensminger seconded by West to approve the minutes of September
23, 2014 as amended was approved by a vote of 5-0-0.
A motion by Ensminger seconded by West to approve the minutes of September
29. 2014 was approved by a vote of 4-0-1 with Arena abstaining
A motion by Ensminger seconded by Arena to go into Executive Session to
consider the Purchase exchange lease or value of real property and to discuss
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Board of Selectmen Minutes - October 14. 2014 - page 7
strategy with respect to litigation and that the Chairman declares that an Ogen
ra Meeting may have a detrimental effect on the negotiating position of the body and
not to reconvene in Open Session was approved on a roll call vote with all five
voting in the affirmative.
R€�pectfully ubrplt[eG
Secretary G�
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Timeline for RMLD Trucks
2/25/14 -Trucks were removed from service.
3/1/14 - Letters sent to user communities offering the trucks
3/26/14—Ad ran in local newspaper requesting bids by 4/9/14
4/9/14— Bids were opened and awarded —employee was the only bidder
4/23/14— Bill of Sale &Titles were signed
6/17/14—Anonymous letter was received by Town Manager
6/18/14—Spoke with RMLD Business Manager and forwarded letter
6/18/14- Requested backup for the transaction from RMLD HR Admin & Bus Mgr.
6/27/14— Received requested backup by email from RMLD Chairman
7/1/14—Attended policy meeting at RMLD and expressed my concerns
7/10/14— Rubin & Rudman notified Coleen the transaction violated Ch. 268 520.
7/14/14— Coleen sent a letter to the employee notifying him of the violation
7/23/14— I requested backup on other sales made to employees
7/24/14—Trucks were returned and paperwork was signed
7/24/14— I requested the backup on the return of the trucks from Coleen
7/31/14- Requested photos of trucks and info on engine hrs. and aerial devices
8/1/14— Received photos, engine hrs. & aerial device information
8/1/14- Sent information on the trucks to Dan at Universal Machinery '
8/5/14- Email received from Dan regarding estimated value
8/5/14- Received summary of sales to other employees with no backup
8/5/14- Received signed bill of sale agreements and one signed title.
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