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HomeMy WebLinkAbout2017-08-29 Board of Selectmen Minutes O� OFR O Town of Reading CA Meeting Minutes RECEMD TOWN CLERK fs�9-1HCORQ�� READING, MASSki Board - Committee - Commission - Council: 1011 OCT II A % 45i Board of Selectmen Date: 2017-08-29 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Session: Purpose: General Business Version: Attendees: Members - Present: Chair John Arena, Dan Ensminger, John Halsey, Barry Berman, Andy Friedmann Members - Not Present: Others Present: Town Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Administrative Services Director Matt Kraunelis, Town Treasurer Endri Kume, Business Administrator Jayne Miller, Laura Vlasuk, Town Counsel Ray Miyares, Executive Assistant Caitlin Saunders, Bill Brown, Jack Devir, Dan Dewar, Stephen Crook, Graham Steele Perkins, Tom Bergendahl Minutes Respectfully Submitted By: Topics of Discussion: Chair John Arena called the meeting to order at 7:00 PM. Selectmen Liaison Reports Mr. Halsey attended the CPDC meeting last night regarding the Post Office project. They have addressed all the previously raised issues and it really looks great. Mr. Berman noted it is an exciting project that is well designed, nice to look at and thinks it will turn out to be a really great project. There are 50 units total with 20% being affordable. It's not invasive and they have adequate parking that is mostly underground. Mr. LeLachuer explained the developer is from Reading and wanted to do this project right. . Mr. Ensminger has been attending the Board of Health meetings the past three months. He noted he has also been working the RMLD board to get them to workout the payment to the town issue they are locked on. Mr. Berman noted him and couple of the other members attended the executive session last week regarding the building security study and the next steps. It was a really in-depth report and they will be putting some options together. Mr. Ensminger wanted express that Reading is a very safe town in general. Mr. Friedmann agreed with Mr. Ensminger and noted.we are just trying to make the town even better. Mr. Friedmann attended the Climate Advisory Committee meeting and they are working on taking comments from the Bylaw Committee and Town Counsel for Town Meeting. He also pointed out there was another swastika found last week on a fence and this is very upsetting and not welcome in town. Page 1 1 Public Comment Bill Brown noted he did get the original deed for Memorial Park and he gave it to Town Counsel. He also asked if the Board would kindly consider and appoint new Board of Cemetery Trustees. Town Manager Report Mr. LeLacheur noted he attended a recent MWRA meeting and North Reading has hit the pause button to look at options Andover has given'them to remain with them. Town Counsel Ray Miyares noted the Historic District Commission gave Criterion a certificate with restrictions about keeping the historic preservation. It was sent to Mass Historic and they want the Selectmen to vote to accept the deed. Technically the Selectmen have no power to do that so Town Counsel gave them a little pushback and Mass Historical agreed to have the Selectmen just 'approve' the agreement. It would be a smart idea to have the Historical District Commission and the Historical Commission come to a meeting and you all can vote on it at the same time. Hearing - Driveway Waivers at 90-92 Green Street PTTTF met about this and provided a memo in the packet that notes the current suggested plan is ok from a safety standpoint. Tom Bergendahl, the developer, explained they are asking for two curb cuts on Green Street with three driveways and one on Elliott Street. They are asking for a waiver from the allowed two driveways and asking for four because there will be four units in the building. They plan to put in a sidewalk from property line on Green Street all the way to the tree on Elliott Street. Mr. Ensminger moved that the Board of Selectmen close the hearing on 90-92 Green Street, second by Mr. Friedmann and approved with a 5-0-0 vote. Mr. Ensminger second by Mr. Berman moved that the Board of Selectmen approve the driveway application for 90-92 Green Street'as proposed. The motion passed with a 5-0-0 vote. Mr. Friedmann mentioned to Mr. LeLacheur that he has been receiving emails from the residents of Oak Street wishing to get their issues resolved and talk with Mr. LeLacheur about the project. Board of Health Update Chair John Costigan, Member Elizabeth Shurland and Associate Member Nancy Docktor were present. Mr. Friedmann wanted to point out before this started that the Board of Health was called to this meeting via letter from the Board of Selectmen but noted he never saw the letter before it was sent out and thinks the board should have seen it beforehand if their names are on it. Mr-Miyares asked the members when they were appointed. Mr. Costigan noted he was appointed a year ago and became chair in February. Ms. Shurland answered 2 years ago. Ms. Docker answered 2 years ago as well and her associate position is expiring next year. Mr. Miyares asked Mr. Costigan the role of the Chair of the Board of Health.. Mr. Costigan explained the Chair runs the meetings. Mr. Miyares asked if Mr. Costigan was involved in the screening process for the health agent. He. noted, yes he was and it went well he thought. Ms. Shurland pointed out she asked to be involved but was not allowed even though many . members were allowed to last time. Mr. Halsey noted that is not accurate. Only one member attended at a time last time, however it was different members on some occasions. Mr. Miyares asked if the Board of Health voted on a candidate and Mr. Costigan noted no, there was no need to vote they are only there to observe. Page 1 2 Mr. Miyares asked if there were any leaks on privacy information of the candidates and it was noted, no there wasn't. Mr. Miyares noted, according to Board of Health minutes, Ms. Docktor was made a `voting member' two times. He then asked if Mr. Costigan expected her to act as a full member outside of meetings for an indefinite amount of time and he answered yes. Mr. Miyares explained he watched the video of the meetings and read the minutes and noted the vote to go into executive session does not match. Ms. Docktor noted they did not intend to go into executive session but they needed to discuss their schedules and when to meet. Mr. Miyares explained that Ms. Docktor talked to the Attorney General and the Mass Association of Public Health, he then asked her what she asked them. Ms. Docktor said she can't answer that unless we go into executive session. It was about an email she received and she asked what to do about it. Mr. Ensminger noted he received a copy of that email, which was sent to a majority of the Board of Health, therefore public record now, if Town Counsel would like to see it. It is an email from Donna Peirce, the former Public Health Nurse and it was sent around to a number of individuals in surrounding towns. Ms. Docktor explained they have talked about their concerns with the Health Director and her attorney in executive session so she can't talk about it. Mr. Miyares noted the August 8th meeting was called by Ms. Docktor and then proceeded to ask Ms. Docktor why she would call a meeting while the Chair was away on vacation. Ms. Shurland explained Mr. Costigan was not comfortable going into executive session for what they wanted to go into executive session for. Mr. Miyares noted they went into executive session regarding criminal misconduct and asked what that is about. Ms. Docktor again said she can't talk about it unless in executive session. Mr. Miyares asked if Ms. Docktor has talked to the Police or Town Officials about this criminal misconduct and she noted no, she has not. Mr. Miyares explained Ms. Docktor asked for a records•request for all emails between Town :Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Health Agent Laura Vlasuk and Bob Bracey and then asked if it.can be assumed those are the four people you are investigating for criminal misconduct. Ms. Shurland said they cannot answer that. Mr. Miyares noted on August 15th Ms. Shurland called a meeting and asked Mr. Costigan if he was still on vacation at that time. Mr. Costigan noted he was back but unaware of the meeting because they had a regularly scheduled meeting planned for the next night. Mr. Miyares noted they went into executive session again that night for reason number one, but which part of number one. Ms. Docktor answered, character and reputation and Ms. Vlasuk attended with her attorney. Mr, Miyares asked if he could see a copy of the letter they sent Ms. Vlasuk telling-her they would be going into executive session to talk about her. He also asked if Ms. Vlasuk knew what they would be talking about regarding herself. Ms. Shurland asked Mr. Miyares how would they know that and stated they have limited contact with Ms. Vlasuk. Mr. Miyares responded asking if they're saying they have limited contact with staff. Ms. Docktor claimed the Town Manager sent an email telling staff not to attend Board of Health meetings. Mr. LeLachuer noted he absolutely did not. He sent an email saying he was not attending but in no way told other staff not to attend. Assistant Town Manager Jean Delios explained they provided June and July reports to them because the interim Health Agent was on vacation. Mr. Costigan noted Ms. Vlasuk would not give them the reports because they did not appoint her. Mr. Miyares asked Mr. Costigan how does he wish to communicate better with staff. Mr. Costigan noted he thinks the chair should have frequent conversations on the day - to - day stuff and:then the chair can report back to the full board during their monthly meeting. Mr. Miyares asked why have they not.appointed Ms. Vlasuk as Health Agent. Ms. Docktor said they can't talk about it. Page 1 3 Mr. Miyares asked for the nature of.their concern not specific personal information. Ms. Shurland noted they are not comfortable talking about this in open session. Mr. Ensminger explained to Mr. Miyares if he read the letter Donna Peirce sent, he thinks it will clear some things up. Mr. Halsey noted it is time for all of us to see this letter, it's. public record, let's put it up on the screen for everyone to see. Mr. Friedmann asked what our goal here is by doing this and Mr. Berman responded saying the goal is to get to the bottom of this and their problem with Ms. Vlasuk: If our public health in this town is not being served, we as Board of Selectmen need to know. Ms. Docktor explained there is something in the letter from Donna Peirce that concerns us. Mr. Miyares noted and read a part of the letter where Donna Peirce claims a mileage reimbursement of hers was changed. Mr. Halsey noted this is a staff management issue not a Board of Health issue. Mr. Arena asked for clarification, if this whole thing is about a $5 reimbursement and Ms. Shurland noted yes it is. Mr. Miyares asked if the source of their investigation is this argument between Donna Pierce and Ms. Vlasuk and Ms. Docktor said yes, a public record was changed. Mr. Miyares asked if the Board of Health has a plan for emergencies while you don't have Ms. Vlasuk appointed to do so. He then proceeded to ask about the downtown establishments that had recent sewer backups that were closed. Ms. Shurland exclaimed their only job is public health. Mr. Ensminger responded they should do their job and appoint Ms. Vlasuk as the Health Agent. Ms. Shuriand said they don't think that is a good idea. Mr. Berman asked who hires the Health Agents. Mr. Miyares explained the Town Manager signs the offer letter, the Board of Health then appoints her. Mr. Berman then asked if we are at risk not having an appointed Health Agent. Ms. Docktor said they can appoint whoever they want and they need to be able to trust the person they appoint. The letter from Donna Pierce clearly states Ms. Vlasuk altered records. Mr. Arena asked if they have any proof of merit of Donna Peirce's accusations. Mr. Ensminger asked Ms. Delios, the department head, if the document in question, was for conferences that were actually attended? Ms. Delios noted they have found discrepancies. Mr. Arena stated the employee accepted the changes of the expense report, end of story. The board of Health has no purview to management issues. It is unbelievable you refuse to appoint Ms. Vlasuk because of an expense report that has nothing to do with health. Ms. Docktor noted they don't see it that way. Mr. Friedmann asked Mr. Miyares if the Selectmen have any power to appoint the Health Agent-or any power with the Board.of Health. Mr. Miyares noted the Selectmen have power over the Board of Health because they are their appointing authority. The Selectmen can remove any member of the board. Mr. Friedmann asked if the Board of Health feels the public health is protected right now. Mr. Arena noted if we're missing an important member, such as a health agent, then yes we have a problem. Mr. Halsey asked if the Selectmen are allowed to appoint Ms. Vlasuk as Health Agent and . Mr.Miyares noted they are not. They only have oversight over.the Board of health; they can remove members if they decide to with a process. Mr. Berman explained this is all about a disgruntled employee who is mad at her boss. This is clearly a management issue and not the Board of Health's. Ms: Docktor said Ms. Vlasuk altered a document and that's the problem. She will never believe any reports that are submitted to the Board of Health are correct now because of that. Mr. Arena stated Ms. Vlasuk is a manager and it is her job to review expense reports and make sure they are correct. Mr. Miyares moved on to ask about the pesticide issue and asked what authority the Board of Health has to do that. There are state pesticide laws. How did some companies get a notice that you put regulations in place already? Ms. Docktor stated she doesn't know. Page 1 4 Mr. Ensminger asked if anyone on the Board of Health contacted any companies and Ms. Docktor explained they sent a draft of their regulations to one company. Mr. Miyares noted as far as he knows, there are no regulations for residents on.their own properties. Mr. Arena asked the Board of Health how they thought it was appropriate to present a draft of regulations that are not outs to a private company in town. Ms. Docktor noted they discussed it in a meeting. Mr. Miyares put the topic to rest by stating the Board of Health has no purview over any regulations regarding pesticides. Mr. Berman asked if their sole concern is about a document that was signed off on by the employee after it was changed; the employee did not dispute the manager, can you appoint Ms. Vlasuk now? Ms. Delios wanted to comment for management noting she has an open door policy and she never even knew there was a problem until Donna Peirce walked out on the job with no notice and simply giving a handwritten note to Human Resources on her way out. Mr. Arena noted that was enough for right now, we will discuss how to proceed later on. Preview Warrant for November Town Meeting Mr. LeLacheur then went thru the warrant for Town Meeting. Article 3 is to amend capital. Article 4 is to amend the budget. There are no surplus items at the moment but it is there as a placeholder. Article 7 is to rescind some debt authorization. There are a couple articles talking about fees; reducing demand fees and changing dog license late fees. There are a'few bylaw articles. Article 13 is general bylaw recodification. It is mostly grammatical but it could be broken down into 18 sections depending on how it presented. Mr. LeLacheur noted we did receive a request to change the charter. That will require a 2/3rd vote at Town Meeting. Essentially it will remove Selectmen as appointing authority. Mr. Ensminger asked Mr. Brown what the reasoning for thisisand Mr. Brown noted he believes it's mostly because of your prior discussion this evening. There are thoughts that the Selectmen shouldn't have sole power. Mr. Arena asked the group if there is an appetite for a meeting next week. Mr. Halsey noted it is absolutely needed if we have our public health at risk. Mr. Friedmann disagreed noting he.does not think our public health is at risk. Mr. Berman commented the Board of Health was in here for two hours and we finally figured out their issue is an HR/management issue. Mr. Halsey noted he wants to see the letter they sent Ms. Vlasuk requesting her to be in executive session. Mr. Arena asked Mr. Miyares if they ever asked him for advice and Mr. Miyares noted they did not. Mr. Arena asked if everyone was available to meet next Tuesday to finish this conversation. Mr. Miyares rioted he will attend as well. Mr. Ensminger commented he would like to know if the reasons stated for the. Board of Health going into executive session are valid. Mr. Friedmann noted he does not think that's fair to assume they are not being honest. Mr. Miyares stated he thinks it is bad practice they went asking other lawyers, at the state level, questions when that is the reason I'm here. I don't know what she told them, asked them or what they said to her in response. Mr. LeLacheur commented as and FYI that we are barely hanging on to our interim Health Agent Bob Bracey. He is only still here out of kindness. He has another full time job he is still doing as well. Page 1 5 Senior Tax Relief Update Town Assessor Victor Santaniello wrote the board a memo updating them they have received 143 applications to date. Seems a little low to what they estimated they may receive. They are still taking applications but the deadline is approaching. They have had to deny some applications due to the ownership criteria for the property not being met. Library Building Project Update Mr. LeLacheur noted we are done to a minimal amount of invoices left. It seems as if we will have a surplus of about $70,000 to the budget in the end. Mr. Arena gave a special thanks to Bob LeLacheur, Joe Huggins and Bob Lebreque for all their hard work on this project. The Board decided to defer the topic of demand fees and depot/compost sticker until next week because of the time. Survey Update Mr. LeLacheur gave a quick update on the survey results. So far we have between 1,800 and 1,900 responses. They should cut it off soon so .we have time to tabulate the results before the first financial forum. The comments will probably be the most helpful and there are a lot of them. The results from this survey may lead us into doing another one to get further answers. Extend Sunset for Human Relations Advisory Committee Mr. Berman asked why we keep extending them for only three months at.a time. Mr. Halsey noted because they keep expressing there's a chance they could be something else. Mr. Friedmann asked if-we could extend them a year and then if they want to change what they are, we could disband them. The board ultimately decided to extend them for three more months and assess the situation again at the end of December. Mr. Arena made a motion that the Board of Selectmen extend the sunset for the Human Relations Advisory Committee to December 1St, 2017. The motion was seconded by Mr. Ensminger and approved with a 5-0-0 vote. Sewer Debt Mr. Ensminger move that We, the Selectmen and the Treasurer of the Town Of Reading, Massachusetts, certify that we have signed the $211,000 Sewer Bond (the "Bond") of'the Town dated September 11, 2017, and payable, without interest, in installments on.August 15 of each year as set forth below: Mr..Halsey moved to suspend the reading of the motion, second by Mr. Friedmann and approved with a 5-0-0 vote. Mr. Arena seconded the motion made by Mr. Ensminger and it was approved with a 5-0-0 vote. Minutes Mr. Ensminger made a motion to approve the minutes of July 11th, 2017 as amended. The motion was seconded by Mr. Friedmann and approved with a 5-0-0 vote. Mr. Ensminger made a motion to adjourn the meeting at 10:55 PM, second by Mr. Berman and approved with a 5-0-0 vote. Page 1 6