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HomeMy WebLinkAbout2008-07-29 Board of Selectmen Minutes Board of Selectmen Meeting July 29,2008 For ease of archiving, the order that items appear in these Minutes reflect the order in which the items appeared on the agenda for that meeting, and not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, DPW Director Ted McIntire, Town Engineer George Zambouras, Highway Supervisor Mike deBrigard, Recreation Administrator John Feudo and the following list of interested parties: Kathleen Shale-Dwyer,.Angela Fischer, Bill Brown, Joyce Taormina, Donna Morin, Janice Conyers, Pete Dahl, George Hines, Joan Marshall, Rob Kraft,William Hibbard, Attorney Doug Resnick, Robert Lee, Richard Wetzler. Report and Comments Selectmen's Liaison Reports and Comments—Chairman Stephen Goldy opened the meeting and asked for the Selectmen's reports. Selectman James Bonazoli mentioned the FORR 5K race that was held in the rain on the previous Thursday, and he thanked the over 50 people who participated which included Chairman Stephen Goldy. Vice Chairman Ben Tafoya mentioned the letter on Page 8gl of tonight's material from CPDC about South Main Street, and that the Board should discuss this with CPDC. The Town Manager suggested the August 26th Agenda for this discussion. Selectman Camille Anthony asked for an update at that time on several other economic development projects around town. She mentioned small holes in the road on both Fairview and Sunnyside Avenue, and wondered if they were for shut-off valves. Chairman Stephen Goldy mentioned the recent newspaper article on the Pay and Class Study and subsequent action taken by the schools, and suggested that this was an example where communication could be improved internally. The Town Manager mentioned that the plan had always been for an expedited school portion of the study since they had only a few positions to analyze. Chairman Goldy mentioned that he, the Town Manager and Superintendent of Schools Pat Schettini were going to meet next week to discuss the Student Representative to the Board of Selectmen. He also mentioned to the Board that he, the Town Manager and the Assistant Town Manager were meeting to discuss management and succession planning for the Town Manager position. Selectman James Bonazoli asked if the Town had considered the four day week. The Town Manager mentioned that the Town already had a small group of employees studying the costs and benefits, and he would report their findings when complete. Chairman Stephen Goldy asked if some night meetings could be moved to the Police Station and to the Library since these buildings were already open. Chairman Stephen Goldy recognized a Boy Scout from Boy Scout Troop 750 who was here to observe the meeting. Board of Selectmen Meeting—July 29,2008—Page 2 Town Manager's Report The Town Manager gave the following report: • The Town's home rule legislation on liquor licenses has passed the legislature, and has been signed by the Governor. • Paving on Sunnyside and Fairview Avenue - done. We are working to stabilize edges of pavement and while rains are good for growing things, the level of rain we have had makes it very difficult. • The Water Leak Detection Survey has been completed, and the leaks identified account for 35,000 gallons per day, or 12 million gallons per year. We do this leak detection program annually. • We have been spending significant staff time and money on a drainage issue on Bond Street in the area of Lowell. The drainage is surcharging in spite of having done extensive clean-out of drain lines including extensive root removal. We will continue to follow up on this. • The Farmers Market is now open at High and Haven Street next to the Depot. They are open Tuesdays from 1:00 p.m. until 7:00 p.m. • The Board of Selectmen has received information on a potential LIP on North Main Street. I have asked the applicant to come in and discuss the proposal in concept form with the Board of Selectmen when they have digested the DRT comments from staff. • The MEPA Certificate has been received for the National Development site, and has been copied to the Board of Selectmen. • The hearing of an appeal by Busa's Liquors of the Board of Selectmen's two day suspension for selling to a minor is scheduled for August 6th. Town Counsel advises that they just need the Police Officers present for that hearing. • Training for owners and servers at all restaurant, packages store and club licensees was offered last week. Four package stores, three restaurants and two clubs took advantage of the training. This was offered through RCASA. • Included in your packet is a copy of the survey conducted for the Town in the Comcast renewal. There is some interesting information that you might find valuable. • We received the Comcast license proposal last week, and are in the process of reviewing it with Counsel. • A write-up in the World Caf6 was published in "System Thinker" and is in your packet. • Washington Park Planning Committee has prepared a survey, and it is available through the Town's web site—go to Departments—Recreation—Washington Park Survey. • A resident asked if the Town was holding up the redevelopment of the "Ship" site on Franklin Street. The Board of Selectmen has a response in their packet. The applicant had asked to re- submit plans to reduce impervious cover to meet Town Zoning By-Laws, and the Town has been processing this through the CPDC and ZBA—there is no Conservation jurisdiction. Dates and Events: ♦ September 16—State Primary Election o September 23 —Subsequent Town Meeting Warrant closes e October 15 — Financial Forum November 4— Election Day o November 10—Subsequent Town Meeting o November 11 —Veterans' Day Selectman Richard Schubert noted that the Busa's Liquors appeal seemed to remove all local aspects of the Board of Selectmen's decision such as RCASA. He asked if Board Members would be allowed to speak, or if a letter could be submitted to the ABCC. Board of Selectmen Meeting—July 29 2008—Page 3 Chairman Stephen Goldy asked what the follow-up to the World Cafe process was. The Town Manager stated that a joint meeting between the School Committee and the Board would be setup but due to Summer vacations, it would occur next Fall. Selectman James Bonazoli asked about Franklin Street and why if we are now in the MWRA, the aquifer district rules still applied. Selectman Camille Anthony stated that this was State law. The Town Manager described that the 20% coverage (maximum) was more difficult to achieve in a subdivision when one included roads and sidewalks as compared to the relative ease of applying that to a single dwelling property. Proclamations/Certificates of Appreciation Proclamation — Silver Star Banner Day - A motion by Tafoya seconded by Anthony to proclaim May 1, 2009 as Silver Star Banner Day was approved by a vote of 5-0-0. Discussion/Action Items: Hearing - Baldwin Lane Extension Street Acceptance - Chairman Stephen Goldy opened the hearing on the Baldwin Lane Extension, and Selectman James Bonazoli read the hearing notice. Chairman Stephen Goldy explained the process to the residents who had gathered. First, staff would give input and information to the Board, then the Board would have a discussion, and then the Board would invite public participation. Staff Comments Town Engineer George Zambouras reviewed a map of the Baldwin Lane Extension including the new cul-de-sac to be accepted, and a brief discussion of the old Town land/cul-de-sac that was now grass lawn and driveway on two properties. He mentioned that depending upon the decisions tonight, one or more Articles would appear on the November 2008 Subsequent Town Meeting Warrant. Public Comments Joan Marshall of 6 Baldwin Lane and a resident for 41 years mentioned that it was too difficult for a fire truck to navigate around the new cul-de-sac because of the tree island in the center. She also requested a dead end sign to be added. The Town Engineer mentioned that he asked the Fire Department to test out the ability to turn a truck in that area but had not yet heard back. A resident mentioned that the truck was up there today, and had a lot of trouble turning after trying from both the right and left hand sides of the road. Selectman Richard Schubert asked if there were any cars parked in the road during this attempt, and he was informed that there were not. He also asked what other trucks had difficulties, and Ms. Marshall indicated that trash and recycling trucks as well as occasional delivery trucks had problems. Rob Kraft of 20 Baldwin Lane read from some January 2000 previous hearings notes some of the history and discussion of this road issue. He spoke in favor of the Town conveying the old cul-de-sac land to him as he was maintaining and caring for the land now. William Hibbard of 16 Baldwin Lane and a resident for 41 years mentioned that he was the other lot affected by this conveyance, and he was not in favor of it. At present, his lot has 123 foot frontage, and as such is a conforming lot. If the conveyance happens, his lot will have about a 90 foot frontage, and his lot will become non-conforming. He stated that this would be unacceptable. Board of Selectmen Meeting—July 29, 2008—Page 4 The Town Manager stated that the Zoning By-Laws cover this circumstance, and that any public action could not harm the property, and it would become a grandfathered non-conforming lot. Any future activity would be allowed on the lot as if it were conforming— except if the action would be to further reduce the frontage and make the non-conformance worse. He cited the Lucy Drive example from a few years ago. A discussion ensued between the Town Engineer, the Board and these two residents about this situation. An interested party named Jan of 126 Wheeler's Point in Gloucester mentioned that she grew up on Baldwin Lane, and she believed that the road was narrower now than previously. The Town Engineer agreed to look into the matter. A motion by Bonazoli seconded by Schubert to close the hearing on the Baldwin Lane Extension Street Acceptance was approved by a vote of 5-0-0. The Town Manager reported that as a private way, the Town can remove snow and ice only. No maintenance, construction or improvements can be performed by the Town on a private way. As a public way, the Town could remove or modify the tree island if deemed necessary. . Selectman James Bonazoli noted that well over 50% of the lots in Town were non-conforming due to past zoning changes. The Town Manager noted that the wording of the Articles at Town Meeting would be as broad as possible to allow for a range of actions. Selectman Richard Schubert spoke in favor of taking the cul- de-sac as a public way. He asked if the actual design of the road could be compared to what was proposed. If different, perhaps the contractor could be pursued if work such as removing the tree island was required. On that point, Selectman James Bonazoli agreed but the Fire Department should decide the safest solution. On the conveyance of the old cul-de-sac, Selectman Richard Schubert spoke in favor of a compromise. The Town would convey half of the old cul-de-sac to the owner of 20 Baldwin Lane, and retain the other half in front of 16 Baldwin Lane pending some staff research into how the title of the land in question was held. Chairman Stephen Goldy agreed that this was the best solution. The Town Engineer concluded that this would require three Articles at the November Subsequent Town Meeting - the first to accept as a public way, the second to discontinue the roadway in the old section, and the third to convey a portion of the old section to one or both property owners. A decision was reached that each resident would receive a clear before/after presentation from the Town Engineer or his staff. A motion by Bonazoli seconded by Tafoya to place three Articles on the November Subsequent Town Meeting Warrant for Baldwin Lane was approved by a vote of 5-0-0. Both Vice Chairman Ben Tafoya and Selectman Richard Schubert spoke in favor of having further discussions on the findings of exact measurements, and to invite these residents back for the discussion. Change of Manager - Mandarin Reading Restaurant - Attorney Doug Resnick introduced his client Robert Lee as the proposed new manager taking over from his aunt with whom he had worked for many years. The Town Manager mentioned that there were no objections or issues from Town staff. Selectman Camille Anthony asked about their TIPS certification, and Mr. Lee stated that they participated in the 2007 training in Reading. Chairman Stephen Goldy mentioned the RCASA effort in town. Board of Selectmen Meeting—July 29, 2008 —Page 5 A motion by Bonazoli seconded by Anthony to approve the Change of Manager for Mandarin Reading, Inc d/b/a Mandarin Reading Restaurant from Yuk PinIZ Wong to Hiu Hung Lee was approved by a vote of 5-0-0. Review Uses of 1481 Main Street Cabin — The Town Manager reviewed his discussion at Town Meeting about leasing out the log cabin to a private group that would pay for all required capital (ADA compliance) and annual maintenance costs, and ensure the facility met all building and handicap access codes. He noted that an RFP was issued for this purpose before he had a chance to bring it to the Board, and he had heard from some members of the Board that they may have other uses in mind for this property. Recreation Administrator John Feudo mentioned that as one of the stipulations of the RFP was not met, the RFP could easily be pulled back. He noted that he had heard of very little interest thus far. Selectman James Bonazoli noted that he would like the Town to keep control of the property through the Recreation Department, and allow groups such as Boy Scouts or Girl Scouts to rent it out. He spoke against residents needing to ask a private party for permission to use it. The Town. Manager noted that because of the language in the grant, the Conservation Division was the legal entity that would oversee the cabin but, in any case, all involved would work seamlessly together. Selectman Camille Anthony agreed that the Town should retain control over the property. Chairman Stephen Goldy asked if a youth center might be an appropriate use of this property. The Town Manager pointed out the difference between resident's full access to the land versus access to the log cabin. He summarized by stating that to accomplish what the Board of Selectmen wants, staff would: • Need to determine the cost of handicap access to the cabin; • Need to determine what changes would be needed to allow for a place of assembly with respect to the building and fire code; and • Establish an ongoing budget for operation. The Town Manager noted that at present all of these items had no funding. Selectman Camille Anthony concluded that, a pragmatic solution between recreation and conservation was needed. Resident and Chairman on the Finance Committee George Hines spoke in favor of having the property and cabin as resources for the Town, and wondered if the Recreation Division could be relocated there in order to better interact with their constituents. Discussion re: Tennis Courts — The Town Engineer updated the Board on the status of the tennis courts, and on his recommendation for a full reconstruction of the top surface due to the apparent equipment leaks that had occurred, since there were over 50 locations that had been damaged. He mentioned that two core samples were taken and are being analyzed to see how deep the damage is. If it is deeper, the reconstruction may need to be more comprehensive than the top layer. The Town has retained half of the two samples drawn in case further analysis is needed. Selectman James Bonazoli asked if the contractor was the same one awarded another recent bid in Town, and the Town Engineer confirmed that fact for the Parker Middle School Turf Field. He also pointed out that in the case of the tennis courts, the paving subcontractor was apparently at fault, and that we hold a bond to guarantee the work, and have not paid for the paving part of the project yet. ............................... . Board of Selectmen Meeting—July 29,2008—Page 6 He also mentioned that under the circumstances, the general contractor had stated that he would not request these payments at this time. Chairman Stephen Goldy asked what the program impact was, and John Feudo mentioned that the Reading Tennis Open has been moved to North Reading for this August, and other programs had been moved to Barrows. Resident Pete Dahl asked if the upcoming RMHS Spring tennis season might be impacted, and the Town Engineer stated that was possible,particularly if litigation occurred. Request for Waiver of Curb Cuts — 28 Salem Street - Resident Janice Conyers described her situation with seven units and six parking spaces out front and one in the back of the property at 28 Salem Street. Currently, the property has two 24' driveways — that exception being granted by a previous Board of Selectmen. She asked to have one continuous opening of approximately 60' in width, by removing some existing curbing. The Town Manager pointed out that the current Downtown Improvement Project will not make any changes to curbing or sidewalks in the area. Selectman Richard Schubert stated that he was not in favor of the request, the curbs must help drainage in the area, and the curb appeal of the present situation was far better than one large 60' opening. Selectman James Bonazoli spoke in favor of the request as it would improve traffic in the area. He stated that any costs should be fully borne by the condo association. Vice Chairman Ben Tafoya spoke out against the request as he is opposed to long curb cuts. Selectman Camille Anthony agreed that she was also against the request as an exception already was in place. Chairman Stephen Goldy noted that there was already a waiver in place, and no need for further action by the Board. Review Gould Street Improvements - Chairman Goldy indicated that this project had previously been before the Board of Selectmen for discussion and a site walk. Based on all input received to date, staff has suggested the following changes to the original plan: • Beginning at the westerly end of Gould Street at Haven Street—try to retain the tree and locate the crosswalk, leaving one parking space (instead of the two existing space) in front of 34 Gould Street. • Remove parking space between 20/24 Gould Street (EMARC) and 34 Gould Street in order to facilitate the exit of a pick-up truck from the driveway at 34 Gould Street, and leave the curb in its existing location and retain the tree. • Maintain two on-street parking spaces in front of 9 Gould Street for use for that property only, and regulate the spaces as such. • Show as an option the narrowing of the roadway and elimination of two on-street parking spaces on the side of 61 Ash Street, keeping the street at 16 feet, and moving the sidewalk to the street side of the existing hedge. This will require some minor reconstruction of the recently installed improvements on Ash Street at Town's expense but the expense will be minor compared to the cost of the Gould Street project. • Work with the property owner at 45 Ash Street on one of two options to provide four off-street spaces for the four housing units, consisting of one 24 foot driveway or two 12' driveways. • Once the project was completed, amend the Parking Rules and Regulations to provide for "blue zone" all day employee parking in the commercially used portions of Gould Street, and Reading Resident parking in the residential portions of the street(the entire street is zoned commercially). Public Comments Cathy Dwyer of 61 Ash Street did not like the initial plan as sidewalk was too close to her home—the new proposal was explained to her about the sidewalk bump-out. Board of Selectmen Meeting—July 29 2008 —,Page 7 Richard Wetzler of 11 Gould Street thanked the Board for hearing all of their comments, and requested that they try to save two or three trees. Donna Morin of 10 Gould Street asked for details on resident parking versus commercial parking areas. Angela Fischer of 45/47 Ash Street wanted to keep her 80' wide "curb cut" by keeping full existing access to her lot by leaving a reduced curb reveal on Gould Street. The Board of Selectmen felt that the plan is good—they will want to know the solution to the 45 Ash Street parking. They also asked for the removal of the double poles. Road Improvements Curbs Sidewalks — The Town Engineer reviewed the Pavement Management Policy with a slide show. As of December 2006, 21.4 miles in Town were considered Poor, 13.9 miles. were Fair, 15.4 miles were Good, 13.9 miles were Very Good, and 18.3 miles were Excellent. Overall, the score for the Town at this point was a PCI of 75 (falling in the lower portion of the Good category which ranges from 70-85). He reviewed various reclamation, overlay and crack sealing strategies suggested by the Pavement Management Program. The result in a few years, given the current level of funding and the allowable strategies, would be to create fewer roads that fell into the middle conditions and more at each end. This is exactly the opposite result of what should be accomplished so a change in either funding and/or strategy was needed. Current Program Options Proposed Program Options Full depth reconstruction Reduce full depth reconstruction Mill/Overlay Increase Mill/Overlay Overlay Incorporate Micro-Surfacing Crack Sealing Increase Crack Sealing Skim Coat Increase Skim Coating The Town Engineer reviewed the actual roadwork accomplished during the past two years, and discussed the costs of various types of repairs, and how those costs had changed recently. He proposed the following Funding Options to be considered: • Increase crack seal funding from $20K to $40K annually; • Increase skim coat funding from$35K to $55K annually; o Establish debt exclusion as method to fund sidewalks and curbing; 9 Bond for the next five years of local roadway funding, and complete the work in the first year (use Chapter 90 funds only in years 2-5); ® Increase total roadway funding from the operating budget; - e Increase total roadway funding from the capital budget; ® Use Enterprise Funds as appropriate when water or sewer projects are constructed. The two options that would increase funding, taking from either the operating budget of the capital budget were removed from further discussion. The Assistant Town Manager mentioned that more capital funding would be available in about five years due to decreases in debt service, and at that time increased capital funding would not need to take away from other capital needs. Board of Selectmen Meeting—July 29, 2008—Page 8 Pete Dahl noted that the presentation was a good response to his motion at Annual Town Meeting. He stated that the topic and responses need to be made more visible in the budget process, just as the general topic of building maintenance was in the past. Review Policy on Curbs and Sidewalks — The Town Manager reviewed Town Counsel's opinion on the Board's policies and suggested some revisions. Selectman Camille Anthony stated that we should contact recent residents that this would impact as soon as possible. Approval of Minutes A motion by Anthony seconded by Tafoya to approve the Minutes of May 27,2008 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to approve the Minutes of July 9, 2008 was approved by a vote of 4-0-1,with Goldy abstaining. A motion by Schubert seconded by Tafova to approve the Minutes of July 22, 2008 was approved by a vote of 4-0-1,with Goldy abstaining. A motion by Anthony seconded by Tafoya to adjourn the meeting of July 29, 2008 at 11:05 p.m. was approved by a vote of 5-0-0. spectfully Ix 1�1 1 Secretary