Loading...
HomeMy WebLinkAbout2007-08-07 Board of Selectmen Minutes Board of Selectmen Meeting August 7, 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.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman Stephen Goldy, Secretary Ben Tafoya, Selectman Camille Anthony, Police Chief Jim Cormier, Building Inspector Glen Redmond, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Lt. David Stamatis, Sgt. John McKenna,' Sgt. Mark Segalla, John and Mary Segalla, Andrew Herlihy, Melissa Russell, Paul Feely, Kathleen, Helen, Emily, Kevin,Thomas, Michael, Stacy and Emma McKenna, Nick Shaffer, Jared Beaulieu, Edward and Linda Bolle, William Rianhard,Tim and Nancy Twomey, Rich Bover, Arthur Sardillo, Robert Beddia, Attorney Mark Favaloro,Attorney Kevin Considine,Malcolm Moreau, Bryan Schwanke. Reports and Comments Selectmen's Liaison Reports and Comments— Selectman Ben Tafoya noted that there were two Boy Scouts present working on their citizenship badge. He'also noted that he attended the Tax - Classification Task Force Meeting. They will have a report for the Board in a couple of months. He attended a meeting at DHCD regarding Addison-Wesley and 40R on Thursday, and attended a site visit of Addison-Wesley with DHCD on Friday. DHCD has indicated that the State is out of money for the 40R process, and he suggests contacting MMA. Vice Chairman Stephen Goldy asked if National Development is aware that the State has no money, and the Town Manager noted.that they are but they are optimistic that funding will be available. Vice Chairman Stephen Goldy noted that he had received a phone.call from a resident who was upset that the ladder truck is out of commission. He would like to see a way to purchase another truck. Selectman Camille Anthony noted that the draft Open Space and Recreation Plan was submitted on July 30, 2007. She also noted that the Community Preservation Act Study Committee needs two members and is having a problem with a quorum. Selectman Anthony noted that there is a shortage in school programs, and they are in.need of a full-time kindergarten. She suggested forming a Municipal Building Committee to plan for long-range use as the Library has also indicated the need for additional space. Chairman James Bonazoli noted that the Birch Meadow Planning Committee is working hard, and they should have a report to the Board of Selectmen in September. He also noted that the Water, Sewer and Storm Water Management Advisory Committee wants to discuss their existence. Chairman Bonazoli suggested that the Board draft a letter to our legislators regarding 40R funding. Board of Selectmen Meeting—August 7,2007—Page 2 Town Manager's Report The Town Manager gave the following report: • With the passing of former MA Supreme Judicial Court Justice Francis P. O'Connor, the Governor requests all flags (the Commonwealth, the U.S. Flag and any pennants or flags flown with them) be lowered to half staff until sunset on the interment of Justice O'Connor on Tuesday, August 7, 2007. 0 AW/P development/National Development. DHCD Meeting last Thursday, followed by a site visit on Friday. DHCD has indicated support for a 40R project at that location. The State needs to fund the 40R Program. 6 New web page is up and operating. Comments or suggestions are welcome. Address is the same as previously—www.ci.reading_ma_us • Franklin Street sidewalks are-under construction. ® The following road construction projects are ongoing: Hampshire Road, Lawrence Road and Governors Drive. s The State has turned down our request for a left turn northbound arrow on Main Street at Franklin Street. ® We got our final audit of the Barrows School project. All involved did a great job, and Town Accountant Gail LaPointe was able to get us some additional money out of the project by challenging some of their initial findings. ® We have gotten State approval for the 17 affordable housing units at Johnson Woods — Phase 1. e The final I-93/I-95 Interchange report is now available on their web page. 0 Governor Deval Patrick signed some of what was in the initial "Municipal Partnership Act" dealing with pensions (we already.are part of PRIT), and allowing communities to join the GIC. We are already exploring the GIC option through some information sessions. The earliest a community could get into the GIC (except for those where special legislation may expedite the process)is FY 2010. a Tennis Court Discussion — The Town Manager noted that there is a motion in tonight's packet to authorize applying for a grant for'the tennis court. The estimated cost is $500,000. A motion by Goldy seconded by Anthony that the Board of Selectmen, in their role as Park Commissioners, approve and endorse the filing of an application for State grant assistance under the Commonwealth of Massachusetts Urban Self:Help Program for the reconstruction of lighted tennis courts at the Bancroft Avenue site was approved by a vote of 4-0-0. • The Water Resources Commission voted last month to approve Reading's application to fully join the MWRA for its water supply. After that, the only requirements are a vote from the MWRA Advisory Board in September, and the MWRA Board in October. o The surveyors and survey marks around Downtown are from representatives from the State Highway Department getting ready to do the Downtown Improvement Project construction. • We have a problem with the elevator at the Library-the major piston gave way and leaked about 55 gallons of hydraulic fluid. It will take about six weeks and$30,000 to repair. The Board of Selectmen Meeting—August 7 2007—Page 3 work order has been processed. We appreciate the assistance of patrons during this outage —it is tough on patrons and staff. The Assistant Town Manager noted that the Registry of Motor Vehicles has found an error in their system, and certain vehicles have not received excise tax bills for many years. The owner of these vehicles will be receiving bills. He also noted that 75 residents owe dog license fees. He suggests that they pay them immediately because the Town will take legal action. Proclamation/Certificates of Appreciation Certificates of Recognition for Eagle Scout Awards for Robert Crampe .Arthur Charest, Kirk Roffi and .Alex Kozlowski Boy Scout Troops 702 and 704 — Vice Chairman Stephen Goldy indicated that he will present the Certificates of Recognition at the Court of Honor. _A motion by Tafova seconded by Goldy to approve the Certificate of Recognition for Eagle Scout Robert Crampe was approved by a vote of 4-0-0. A motion by Tafova seconded by Anthony to approve the Certificate of Recognition for Eagle Scout Arthur Charest was approved by a vote of 4-0-0. A motion by Tafova seconded by Goldy to approve the Certificate of Recognition for Eagle Scout Kirk Roffi was approved by a vote of 4-0-0. A motion by Tafova seconded by Anthony to approve the Certificate of Recognition for Eagle Scout Alex Kozlowski was approved by a vote of 4-0-0. Personnel and Appointments Badge Pinning — Police Sergeants and Lieutenant — Police Chief Jim Cormier was present and introduced Lt. David Stamatis, Sgt. John McKenna and Sgt. Mark Segalla. The wives of the Police Officers pinned on their badges. The Town Manager noted that Lt. Richard Robbins has also been appointed to the position of.Lieutenant/Detective. . The Board congratulated the Police Officers on their promotions. _Aptiointment of Historical Commission Member to Community Preservation Act Study Committee - Tafoya moved and Anthony seconded to place the following name into nomination for one position representing the Historical Commission on the Community Preservation Act Study Committee with a term expiring December 31, 2007: _Karen Herrick Ms Herrick received four votes and was appointed. Discussion/Action Items Highlights — Building Inspection — Building Inspector Glen Redmond gave an excellent presentation to the Board reviewing the duties of the Building Department. Report—,,Citizens Advisory Board— CAB Member Andrew Herlihy was present. He noted that the Reading Municipal Light Department rates are the lowest in the region but the contracts are coming to an end in October, and residents should expect a rate increase. The Light Department Board of Selectmen Meeting—August 7,2007—Page 4 is diversifying their portfolio. They also plan on closing the Lynnfield substation because it is a huge liability and it is not needed. Eventually,the Ash Street substation will be shut down. Mr. Herlihy noted that the schools are assessed as small commercial, and he would like to see a school rate put in place. He also noted that the new High School is not energy efficient. Conservation is an important issue and this needs to be explored not only with the larger customers but with the residents. Hearing: Parking Prohibited — 7.30 a m to 8:30 a.m. and 2:30 p.m. to 3:30 p.m. (Monday through Friday) September lst through June 30th— South side of California Road and East side of Indiana Avenue—The Secretary read the hearing notice. The Town Manager noted that when the Board established the Do Not Enter regulations on Indiana Avenue,the issue came up regarding restricting parking. Nancy Twomey of 23 California Road indicated that she supports the restrictions. She noted that the Do Not Enter regulations were supposed to be all the time but the sign has time restrictions on it. Ed Bolle of 10 Indiana Avenue indicated that he supports the restrictions. He noted.that the sports activities create a problem with public safety because a fire truck or ambulance could.not get down the street if need be. The Board decided to establish the regulations that were advertised, and then renotice a hearing to make the restrictions permanent. A motion by Anthony seconded by Goldy to close the hearing regarding the parkin regulations on California Road and Indiana Avenue was approved by a vote of 4-0-0. A motion by Tafoya seconded by Anthony to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Article 5, Section A-5c"Parkin Prohibited During Certain Hours on Certain Streets-7:30 a m to 8.30 a m and 2.30 p.m. to 3:30 p.m. (Monday through Friday) September V through June 30t the following: Street Location Indiana Avenue East side for its entire length California Road South side for its entire length Was approved by a vote of 4-0-0. Hearing _ Two Hour Parking on Ash Street between Washington and Main Streets — The Secretary read the hearing notice. The Town Manager noted that there is no turnover of the angled parking spaces for customers. People are parking there all day. Board of Selectmen Meeting—August 7,2007—Page 5 Vice, Chairman Stephen Goldy noted that these regulations will bring consistency with the regulations in that area. A motion by Anthony seconded by Goldy to close the hearing on the parking regulations on Ash Street was approved by a vote of 4-0-0. A motion by Anthony seconded by Goldy to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Article 5, Section A-2a "Parking Prohibited During Certain Hours on Certain Streets — Two Hour Parking all day in the business district, 8:30 a.m. to 5:00 p.m. (Monday through Friday)" the following street: Ash Street—Angle Parking on the east side from Washington Street southerly to Main Street was approved by a vote of 4-0-0. Hearing — Senior Van Parking — One Space on Brande Court - The Secretary read the hearing notice. The Town Manager noted that the Division of Elder Services is requesting a designated space to safely stop and unload passengers. They are requesting the first parking space next to the carriage corral. The Town will remove the corral and paint a crosswalk.. A motion by Tafoya seconded by Anthony to close the hearing.rel4arding senior van parking on Brande Court was approved by a vote of 4-0-0. A motion by Anthony seconded by Tafoya to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Article 5,Section 5.3,the following regulation: Senior Van Parking by Special Permit only Tuesday through Friday, 8:30 a.m.—11:30 a.m. Street Location Brande Court Municipal Parking Lot The 1st parking space on the east side of the lot north of the exit driveway to Linden Street was approved by a vote of 4-0-0. Hearing—Request for Waiver of Hours of Retail Operation—4 West Street—The Secretary read the hearing notice. The Town Manager reviewed the material in the Selectmen's packet. He noted that the request is for Dunkin' Donuts,the Mobil Gas Station and convenience store. He also noted that Dunkin' Board of Selectmen Meeting—August 7,2007—Page 6 Donuts has a history of problems with permitting, and the convenience store has a history of problems with selling tobacco to minors. Attorney Mark Favaloto, representing West Street Mobil and the convenience store, noted that the request is for a waiver to be open from 5:00 a.m. to 6:00 a.m. only. He feels that it is a service for public safety and welfare to have gas available early in the morning. It is a matter of public convenience. Bill Rianhard, representing Dunkin' Donuts, noted that most of their stores.open at 4:00 a.m. or 5:00 a.m. He also noted that it is a convenience to residents to get what they need at 5:00 a.m. Robert Beddia of 2 Border Road noted that he lives across the street, and he has to be at work at 5:30 a.m. He would like to be able to get coffee on his way to work. He also noted that there are no problems with loud noises at that store. Selectman Camille Anthony asked him to disclose his relationship with Dunkin' Donuts, and he noted that they own the building that he rents. Selectman Camille Anthony asked Mr. Rianhard why there was so much angst in getting permits renewed. Mr. Rianhard indicated that the information was being sent to the wrong address. Selectman Camille Anthony noted that there needs to be better communication with the licensing agency. Selectman Ben Tafoya asked Mr. Sardillo, Manager of the Mobil Gas Station/convenience store, about the sale of tobacco to minors. Mr. Sardillo indicated that personnel have been retrained and they card everyone under 30. He noted that the minor they sold to was borderline. Chairman James Bonazoli noted that it was not borderline, and the store got caught three times selling to minors. Attorney Favaloro noted that the clerks have been educated to slow down when they are busy. Selectman Ben Tafoya noted that he will vote against this waiver. This is a special permit and he wants to see a clean record with the Town for at least six months. He also noted that the Town needs to follow up immediately when there is a problem and they need to know who to contact. Selectman Camille Anthony agreed with Selectman Ben Tafoya. She was dismayed when she read the health report, and noted that due diligence has not been done. Vice Chairman Stephen Goldy asked when was the last sale of minors. Mr. Sardillo indicated that it was in September 2006. Vice Chairman Goldy noted that they have been on notice since then, and there have been no violations for almost one year. He is in favor. Chairman James Bonazoli noted that he is in favor in concept but there is no partnership with the Town and he will not vote in favor. Attorney Favaloro noted that the Dunkin' Donuts problem is clerical, and the sale to minors was almost one year ago. Selectman Camille Anthony noted that there are problems with the establishments meeting local regulations. Board of Selectmen Meeting—August 7 2007—Page 7 A motion by Tafoya seconded by Goldy to close the hearing on the Request for a Waiver of j Hours of Retail Operation—4 West Street was approved by a vote of 4-0-0. The Board took no further action. Hearing,_Bertucci's Liquor License—The Secretary read the hearing notice. Attorney Kevin Considine, Brian Schwanke and Malcom Moreau were present. The Town Manager noted that the application is for a liquor license for Bertucci's Italian Restaurant. All site plan approvals rdhave been received and they are working with the Health Division. Attorney Considine noted that he brought the green notices and affidavit for the.abutters for the file. He also noted that the restaurant will have a total of 247 seats. It will cost $900,000 to construct the restaurant, and they will have 100 employees. He noted that the proposed manager is on vacation but his resume is attached. Their completion target date is December 2007. Selectman Camille Anthony noted that the patio needs to be monitored so alcohol is not passed over the wall. Attorney Considine noted that there will be one entrance and it will be completely enclosed. He will be happy to give the Board complete plans of the patio at a later.date. Selectman Camille Anthony asked about TIPS training. Attorney Considine noted that the company has varied training and will follow all policies of the Town. They also card everyone under 35. A motion by Tafoya seconded by Goldy to close the hearing on the liquor license for Bertued's was approved by a vote of 4-0-0. A motion by Goldy seconded by Anthony to approve the Restaurant License to Expose, Keep for Sale, and to Sell All]Kinds of Alcoholic Beverages to be Drunk on the Premises for Bertucei's Restaurant Corporation d/b/a Bertucci's Italian Restaurant 45 Walkers Brook Drive, Reading, MA subject to the folloWing conditions: The applicant shall comply with all bylaws, rules and regulations of the Town of Reading and of the Commonwealth of Massachusetts, and the patio is approved subject to further review of the patio plans. The motion was approved by a vote of 4-0-0. Approve Modifications of School Zone — West Street re: Montessori School — Nancy Twomey and Rich Bover representing the Montessori School were present. The Town Manager noted that there was an e-mail in the packet from Town Engineer George Zambouras regarding the school zone. The regulations regarding school zones have changed. He is suggesting posting it from one property line to another (100 feet), not the 300 feet as previously approved. The school will construct the curb and sidewalk. He recommends rescinding the previous school zone and approving the new one. The Town will paint the crosswalk and put up the sign. Board of Selectmen Meeting—August 7,2007—Page 8 Nancy Twomey noted that it will cost$6,500 for curbing and sidewalk and that is a lot of money. The Town Manager noted that a school zone needs a crosswalk according to State law. There has to be a sidewalk for the crosswalk. Vice Chairman Stephen Goldy noted that this is not a neighborhood walk up school; and the Town has been asking a lot of the school. Selectman Camille Anthony noted that CPDC recommended the school zone due to the limited sight distance. Nancy Twomey noted that the school has already spent$125,000 in site approval. A motion by Anthony seconded by Goldy to rescind their previous approval of the school zone on West Street for the Montessori School, as approved by the Board of Selectmen on February 27, 2007,was approved by a vote of 4-0-0. A motion by Anthony seconded by Goldy to amend the Town of Reading-Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Appendix A-14a"6.24.1—Special Speed Regulations—School Zones" the following; West Street- 20 mph northbound and southbound for the full frontage of the parcel known as 453 West Street also known as Plat 89, Lot 11, consisting of a distance of 182.4 feet. subject to the condition that the owner of 453 West Street, the Montessori School, construct no later than October 1, 2007 granite curb, bituminous sidewalk and handicapped ramp connecting the northerly driveway of the school to a crosswalk to be located at the southerly side of the northerly connection of West Hill Circle with West Street in a manner acceptable to the Town Engineer failed by a vote of 1-3-0,with Tafova,Bonazoll and Goldy opposed. Review Goals—This will be rescheduled for August 28, 2007. Chairman James Bonazoli noted that the Water, Sewer and Storm Water Advisory Committee wants to be disbanded. Selectman Ben Tafoya noted that they recommend the water rates. The Assistant Town Manager noted that this responsibility' could be placed on the Finance Committee. Chairman James Bonazoli will meet with the Committee, and then the Board will schedule a hearing for disbanding them. Approval of Minutes A motion by Anthony seconded by Tafova to approve the Minutes of June 12, 2007 was approved by a vote of 3-0-1,with Bonazoll abstaining. A motion by Anthony seconded by Tafova to approve the Minutes of June 26, 2007, as amended, was approved by a vote of 4-0-0. Board of Selectmen Meeting—August 7 2007—Page 9 A motion by Tafoya seconded by Goldy to approve the Minutes of July 10., 2007 was approved by a vote of 4-0-0. A motion by Tafoya seconded by Goldy* to approve the Minutes of July 16, 2007 was approved by a vote of 3-0-1,with Goldy abstaining. A motion by Tafoya seconded by Goldy to approve the Minutes of July 24, 2007,_ as amended,was approved by a vote of 4-0-0. A motion by Anthony seconded by Goldy to approve the Executive Session Minutes of June 26, 2007 as written was approved on a roll call vote with all four members voting in the affirmative. A_motion by Tafoya seconded by Goldy to adjourn the meeting of August 7, 2007 at 10:50 p.m. was approved by a v6te of 4-0-0; , Respectfully submitted, ecretary i