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HomeMy WebLinkAbout2007-05-01 Board of Selectmen Minutes Board of Selectmen Meeting i May 1,2007 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.rn: in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter.Tassi, Water and Sewer Supervisor Jim Richardson, Town Counsel Judith Pickett, Fire Chief Greg Burns, Town Manager Peter Hechenbleikner, Assistant Town Manager Bob LeLacheur, Paula Schena and the following list of interested parties; Mike and Pat Patalano, John Van Horn, Bassam Kofatin, Marlene Wolfe, Arthur Jackel, Jerry Cavanaugh, Larry Hodson, Fadi Melki, Charles Gray, Arthur Sordelo, Bob Soli, Geoffrey Beckwith. Reports and Comments Selectmen's Liaison Reports and Comments— Selectman Richard Schubert indicated that he had Office Hours s evening. He noted that the Reading Coalition Against Substance Abuse should give reports to Town Meeting. He questioned the school zone for the Montessori School. The Town Manager noted that it is definitely a school zone, and the Town will try to work with the school regarding the installation if they buy the equipment. Selectman Schubert asked about a tree bylaw for the Subsequent Town Meeting. ti Selectman Camille Anthony noted that Boston is doing tree planting. Marblehead did a tree inventory and received a grant for it. She agreed that the Town needs a tree bylaw. She.thanked Bob LeLacheur and Gail LaPointe for the great job they did on the Budget at Town eeting. She also noted that Town Meeting got bogged down on a $60,000 item out of a $71 million budget and that is not efficient of Town Meeting. She feels that the School Committee process needs to be made clear to Town Meeting. Vice Chairman James Bonazoli noted that the Coolidge Science Team is doing a fundraiser group yard sale this weekend. The Friends of Reading Recreation are having a bike clinic at Memorial Park on Saturday. Town Mana*er's Report The Town Manager gave the following report: • Our State Representatives have included in the-House version of the FY 2008 State Budget the following items for Reading, and we greatly appreciate their assistance and commitment to Reading: e $50,000 for a parking garage feasibility study; $200,000 for Water Treatment Plant demolition; $50,000 for tennis court renovation; $10,000 towards the.Joshua Eaton Clock Tower renovation. Board of Selectmen Meeting—May 1, 2007—Page 2 • We have a confirmed bid date for the Downtown Improvement Project of May 30, 2007. This has been confirmed at the highest levels of the Mass. Highway Department, and this is good news. We have also been promised an expedited bid award so we hope to see some construction this year. Again, a big thanks to our legislative delegation. • We have drafted a letter to the Secretary of Environmental Affairs for the Board of Selectmen to send regarding Disposal of Compact Fluorescent Lights per the Board's request. ® We are having a community meeting on May 17th at the Senior Center at 7:30 p.m. regarding the new plans for Memorial Park. This is per the previous discussion with the Board of Selectmen regarding the Master Plan for this site. • Temporary fencing is again being installed at the Barrows School Field for the baseball season. A letter has gone out to the abutters. ® There was a Water Resources Commission (WRC) public hearing in the Selectmen's Meeting Room at Town Hall on April 23rd at 3:00 p.m. on Reading's application to. purchase all of its water from the MWRA. A second hearing was held in West Boylston on Thursday,April 26th in the donor basin. ® The Reading Lions Club invites you to participate in the Fourth Annual Reading Friends and Family Day. Save the Date—Saturday, June 30, 2007. ® "Help Wanted" — The process is beginning to recruit volunteers for various Boards, Committees and Commissions of the Town. • The Town is doing reconstruction on three roads at the. current time — Hillcrest Road, Maple Ridge Road and Cumberland Road. • The Library Open House on Saturday,April 28th was a great success. • Site walk from Birch Meadow Drive at Main Street to Imagination Station took place Monday with Selectman Steve Goldy, Conservation Commission members and the Town Engineer. The issue is drainage and trees as raised by Ms. Cowell at last week's Board of Selectmen's Meeting. • I have two legal settlements for the Board of Selectmen to sign: Fraen Corporation—As part of a legal settlement re: contamination of Fraen's site caused by a leak at the Town's former underground gasoline storage facility, the Town agreed to do paving on their site at a cost of up to $25,060. In lieu of this, we are paying them the $25,000 so that they can do the paving themselves — it's simpler and the DPW is out straight ori a number of other projects. A motion by Schubert seconded by Bonazoli to approve the legal settlement with the Fraen Corporation in the amount of$25,000 was approved by a vote of 4-0-0. Settlement with Stearns and Wheeler related to the delay in design of the 20" water main in the Birch Meadow area which caused change orders for the RMHS project. The School Department has been paid all moneys for the change order, and this is a payment to the Town in settlement of those damages. A motion by Schubert seconded by Anthony to approve the legal settlement with Stearns and Wheeler in the amount of$25,060 was approved by a vote of 4-0-0. Board of Selectmen Meeting—May 1, 2007—Page 3 Proclamation/Certificates of Anpreeiatioii Proclamation — For¢et-Me-Not Week—A representative from the Disabled American Veterans was present to accept the Proclamation. seconded b ' .Schubert to declare May 4-13 2007 A motion by Anthon as Disabled American Veteran's For et-Me-Not Week was a roved b a vote of 4-0-0. Discussion/Action Items Desi ation of Board of Selectmen participant.serve onO e committeen Space Recreation Plan Up-date — Selectman Camille Anthony volunteered Highlights Water Distribution _ Status and Progress — Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi and Water and Sewer Supervisor Jim Richardson were present. Jim Richardson noted that the original water line was installed in 1890. There is currently 110 miles of water main. The new water mains have a lifespan of 150 years. The Water Division is responsible for hydrant maintenance and repair, leak detection, inspections of new developments and water meter replacements. icient Peter Tassi noted that the mission of the Water Department is toensurefe and suff end he Aquifer supply of water. His duties involve water sampling, maintaininghe wells Protection District, emergency operation and water storage. October/November 20 also noted that the Town should have final approval from the MWRA in 07 at last year' Reading was the first community to receive a Water Ted McIntire noted th Conservation Award. Hearing Petroleum Bylaw Regulations.—The Secretary read the hearing notice. Town Counsel Judith Pickett, and Fire Chief Greg Burns were present. The Town Manager noted that the regulations are to implementPetroleum Bylaw. . He ed lso t noted that a public meeting was held with the people who store he pod there was an email in tonight's handout from Cumberland Farms. ations. Town Counsel noted that the title of Part 4 should The Town Manager reviewed the regul be changed to."Administration." Vice Chairman James Bonazoli noted that in Section 5..1.2, the fourth paragraph should read "capability" instead of"capacity." He,also noted that he feels 10 gallons is a small amount, and Town Counsel noted that 10 gallons is the standard. Selectman Richard Schubert asked for a historical perspective as to why the Town is doing ouple of The Town Manager noted that the Board of Selectmen had been g locations that had spills and needed extensive clean up. The bylaw is an effort to give the Town Ia"hands on" authority. I Board of Selectmen Meeting—May 1, 2007—Page 4 Selectman Camille .Anthony noted that in Section 4.3, the second paragraph indicates ".....and a time for compliance." She indicated that needs to be clarified. Town Counsel noted that she will add"to be specified by the agent," at the end of that sentence to clarify. Marlene Wolfe, representing the Mobil Station on West Street, asked what the main difference. was between the current regulations and these regulations. She also asked if they will be shut down until the Form B is filled out. The Town Manager noted that nobody will be shut down unless they are in violation or they fail to renew. There will be various steps to follow. Fire Chief Greg Burns noted that there is no significant difference from the current regulations. The biggest change is the contingencies that require certain items be kept onsite in case of a spill. Mike Patalano from Reading Car Care noted that it is not clear if he has to.pay a fee for each quart of oil. The Town Manager noted that there is a $100 permit fee and they need to think about how to set a fee for pallets. Mr. Patalano indicated that the contingencies should already be required. Fire Chief Burns noted that they are not required in the State Code. Larry Hodson of 26 Brande Court asked how the transient trucks will be handled. Chairman Ben Tafoya noted that is covered in the definition of"store." Town Counsel 'noted that it is also in the bylaw. Mr. Hodson noted that there are pick up trucks with 110 gallons of diesel to keep backhoes running. Fire Chief Burns noted that they are permitted under the fire prevention code. Jerry Cavanaugh from RMLD noted that the transformers have more than 10 gallons of petroleum based oil in them. The Town Manager noted.that the RMLD will need a contingency. Charlie Gray of 431 Main Street noted that almost all of the tanks in Reading have been replaced and have.leak detection. Selectman Camille Anthony noted that may be but the station on Walkers Brook was supposed to be keeping records but they were not. Arthur Sordelo of West Street Mobil noted that he has a contingency plan and kits on site. He keeps daily records for reconciliation, etc. He asked if he had to list everything because the storage on site changes from day to day. The Town Manager noted that the Town needs to know your maximum. He also noted that the permits are good for five years. Mr. Sordelo asked about the process for changes, and the Town Manager indicated that there will be a process for changes. Mr. Hodson noted that the regulations state that the tanks have to be replaced every 30 years. Chairman Ben Tafoya noted that Section 4.1 B2 indicates that the Fire Department can waive i, that requirement. Mr. Gray indicated that he did not feel that he should have to replace the tanks if they have leak detectors on them. A motion by Anthony seconded by Schubert to close the hearing on the Petroleum Bylaw Regulations was approved by a vote of 4-0-0. I I I i Board of Selectmen Meeting—May1 2007—Page 5 A motion by Anthon seconded by Schubert to a --` the Town of Readin Petroleum Stora a Re ulations dated 4/19/2007 as amended was a roved b a vote of 3-1-0, with Bonazoli opposed. Vice Chairman James Bonazoli noted that he voted against the motion because more work needs to be done—there are too many holes in the regulations. Hearing Liquor License Fees—2008 through 2010—The Secretary read the hearing notice. The Board of Selectmen's Policy has liquor fees set for three years. A survey was done and the 00 Town Manager recommends an inereas and in All fAlcoholic Restaurant Liis recommending ns s-no increascrease of e for per year for the Package Store License the Beer and Wine Licenses and a small increase in the Club Licenses. Selectman Camille Anthony asked if the proposed fees-were sent to the licensees ahead of time. The Town Manager indicated that they were sent. Selectman Anthony also asked why we took an average. The Town Manager indicated that was to remain competitive,with surrounding communities. Selectman Anthony notede won't prevent a hat one of the licensceessare present because restaurant from coming into Town.. She also noted the proposed fees were sent out ahead of time. Chairman Ben Tafoya noted that the increase in fees is to cover administrative costs. He also noted that he had no problem with the proposed increase. Vice Chairman James Bonazoli noted that there was no other data to get to validate a change. Selectman Camille Anthony noted that she does not want to be average, and suggested only setting the fee for one year. A motion 3Y Schubert seconded b Bonazoli to close the hearin establishin the li uor license fees for 2008—7,010 was approved by a vote of 4-0-0. A motion )y Schubert seconded b Anthon to set the li ,,nor license fees as resented for 2008: 2008 Category Retail Packa a Goods Store License for all kinds of Alcoholic $2100 Bevera es not to be Drunk on the Premises Restaurant License to Expose,Kee for Sale and to Sell All $3300 Kinds of Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose,, ep for Sale and to Sell Wine $2400 and Malt Bevera es to be Drunk on the Premises Club License to Ex 1101sel Kee for Sale and to Sell AllKinds of $1000 Alcoholic Bevera es to be Drunk on the Premises I � � was approved by a vote of 4-0-0. Board of Selectmen Meeting—May 1, 2007—Page 6 Town Position — Route 128/I-93 — Selectman Richard Schubert noted that the major goal is to meet the transportation without sacrificing the quality of life for area communities. Other major goals include designing improvements within the existing right of way, avoid residential and business property takings, minimize visual impacts on the communities and enhance the visual environment where possible, and to consider quality of life costs as well as financial costs. Selectman Richard Schubert noted that the recommendations fall under three categories: Transit and TDM (transportation demand management) components, highway and sound barriers. Under transit, the most important is to re-open Mishawurn Station. Chairman Ben Tafoya suggested adding that there should be no charge for parking at Anderson Station. That might attract more people. Selectman Camille Anthony suggested adding"encouraging flexible work hours". Selectman Richard Schubert noted that the highway components include extending the additional lane, and to support further work for them to design something that we can live with. Construction mitigation would include minimize cut through traffic and to minimize disruption; i.e., noise and lights from nighttime construction. There also has to be an upfront commitment for sound barriers. V Vice Chairman James Bonazoli noted that although H3-US looks promising, it still needs work including further design to minimize negative impacts. Selectman Camille Anthony noted that she likes the H3-US option. She also noted that it is visually and audibly better, is further from Reading property and has lower sight lines. Bob Soli of 19 James Road noted that Route 128 was designed in the 1940's. It has two lanes in each direction and there is not enough space for the proposals. He feels that the highway is not safe and more law enforcement is needed out there. He asked if there is a validation for the simulation that states it works. He also noted that as far as sound prevention and mitigation, the motorcycles and big trucks are very noisy. The trucks are using their engine breaks and that should be stopped. Chairman Ben Tafoya asked what is the real goal of the project. He noted that the big plans aren't going to accomplish the goal. If they create four lanes of highway, it will be reduced to two lanes further down the road. If we make it easier, then it will increase the number of drivers on the road. Selectman Camille Anthony noted that if nothing is done, then in 2020 it will be a mess. Town Position — Governor's "Municipal Partnership Act' — Geoffrey Beckwith, resident and Executive Director of the Massachusetts Municipal Association was present. i Board of Selectmen Meeting—May 1 2007—Page 7 He noted that on February.15, 2007,the Governor enacted the Municipal Partnership Act. There are five key components: • Allow different negotiations for health insurances; • Pension system—to force under performing communities to transfer to PRIT; • Statewide increase from 4%- 5%for local lodging tax; • Local option meal taxes—allow up to 2% of local meal tax in Reading. This could raise around $288,000 gross for Reading; • Eliminate the telecommunications loop hole. Selectman Camille Anthony asked if the Mass. Taxpayer's Association has taken a stand. Mr. Beckwith noted that they do not support the telecommunications but they do support the meal tax option. for the Selectman Richard Schubert asked who makes the decision. 'o to To1wnkwthnMeetiotedng t For the meal tax, the Selectmen would approve first and then it wouldg telecommunications,it would go just to the Board of Selectmen. The Board discussed sending a letter supporting the Municipal Partnership Act. The consensus was to write a letter supporting the Act and to make note of certain components that the Town is interested in. A motion 1by Schubert seconded b1V 111iii, to su ort the "Munici al Partnershi Act" specifically in the provisions most likely to benefit the Town of Reading: Creation of optional local decisions on various items of revenue including a meals tax up to 2 ■ Creation of a"Municipal Property Tax Exemption Fund;—. ■ Elimination of utility corporation tax exemptions for telecommunication companies; ■ Abili to consider alternative local decisrons about em tovee and retiree healthcare programs through access to the Group Insurance Commission(GICI was approved by a vote of 4-0-0. Approval of Minutes A motion b Bonazoli seconded b Anthon to a rove the Minutes of A ril 10 2007 was approved by a vote of 4-0-0. A motion b Bonazoli seconded b Anthon to approve the Minutes of A ril 14 2007 was approved by a vote of 4-0-0. A motion b Schubert seconded b Bonazoli to ad'ourn the meeth of Ma 1 2007 at 11.20 p.m. was approved by a vote of 4-0-0. Respectfully submitted, S retary