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HomeMy WebLinkAbout2007-09-25 Board of Selectmen Minutes Board of Selectmen Meeting September 25, 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;04 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts.. Present were Chairman James Bonazoli, Secretary Stephen Goldy, Selectmen Camille Anthony and Richard Schubert, Town Counsel Ellen Doucette, Fire Chief Greg Burns, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Bill Brown, Paul Guazzaloca, Clarence Enos, Steve Vittorioso, Mary Ellen Stolecki, Attorney Barry Gerstein, James Rocco Lango, Attorney Brad Latham. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony noted that the Audit Committee is meeting with the RMLD Audit Subcommittee tomorrow evening. She also noted that "Your Community Connection" will no longer be mailed to households in Reading but will be published online on the Town's webpage. Vice,Chairman Stephen Goldy noted that the RCASA is having their annual meeting tomorrow evening at 7:00 p.m. at the Parker Middle School and the public is invited. He thanked the Friends of Reading Recreation for their Second Annual Road Race at the Town Forest. He also noted that the Westside Fire Station has not been painted yet. He noted that when the trees on Freemont Street were removed, a piece was dropped and dented the street. The street needs to be repaired and residents were upset because they got stuck in their driveways due to no prior notice of the work being done. Vice Chairman Goldy requested that in the future, the Secretary to the Board of Selectmen respond for the Selectmen to resident.inquiries instead of the Town Manager. Chairman James Bonazoli noted that he received phone calls from residents who were very happy regarding the way Police handled the Washington Park situation. He thanked everyone who made the new playground at Birch Meadow. possible. Also, the Birch Meadow Area Planning Committee has a survey on the website to be filled out, and they would like to have the Town's GIS person at their next meeting to start mapping. He noted that there was a reverse 911 call on Friday night regarding a missing person. He feels that if the message is important enough to be sent, then the Selectmen should also be notified. The Town Manager noted that the Police did not send the original message — it was done by an outside agency. The Police Department did send out the closing message. Public Comment—Bill Brown noted that Ben Nichols is moving out of Town. Board of Selectmen Meeting,_September 25, 2007—Page 2 Town Manager's Report The Town Manager gave the following report: • I would like the Board of Selectmen to approve a motion formally referring the proposed non-40R Zoning By-Law amendments for the AW/P site to the CPDC for hearing. Vice Chairman Stephen Goldy asked if "senior living" included "assisted .living," and noted that needs to be clarified for the 40R zoning. A motion by Schubert seconded by Anthony to refer the "working draft.of non-40R zoning amendment" for the Business C ZoninjZ District to the CPDC for hearing with . the aim of having a Special Town Meeting on this Zoning By-Law amendment at a Special Town Meeting on December 13, 2007, with a Warrant for that Special Town Meeting closing on November 6,2007 was approved by a vote of 4-0-0. • The RCASA Annual Meeting is on September 26th at 7:00 p.m. at the Parker Middle School. I would encourage all residents who are interested in the issue of substance abuse to become involved. .There is a need for many areas of expertise, if you have the time to volunteer. • The Board of Selectmen has received invitations to the MMA Fall Regional Forums. • Future of YCC—Electronic. • Re: Communication with the Board of Selectmen concerning emergencies, I am suggesting that Selectman Public Safety liaison Camille Anthony meet with Chiefs Greg Burns and Jim Cormier and me to establish a process and protocol for this. • Repair work on the Library elevator.is scheduled to begin Monday, October 1st. It is expected to be somewhat noisy. The estimated time to complete the fix is two weeks from Monday or October 15th. • The remainder of Reading's earmarks from the State Budget have been approved through the legislature's override of the Governor's Budget vetoes. This includes $50,000 each for the Parking Feasibility Study for Downtown,stadium lights,tennis courts. • You have received several invitations for community events in your reading material. • The Reading Overseas Veterans has applied for a Change of Manager/New Officer/Director that the Board needs to approve. A motion by Goldy seconded by Anthony to approve the Change of Manager/New Officer/Director for the Reading Overseas Veterans from Kevin Arsenault to Thomas Fennelly was approved by a vote of 4-0-0. The Assistant Town Manager noted that the Town will be asking for approval to purchase a new fire truck. . He is asking for approval to borrow internally for site work for the Birch Meadow tennis courts, and money for the financial hardware and software system. _A motion by Schubert seconded by Goldy to increase the amount of internal borrowing allowed for the Financial hardware and software system to $1 million as authorized by Annual Town Meeting on April 23, 2007, Article 19, pursuant to Chajpter 44 s. 7 (28 and 29). The term of this internal borrowing is extended to June-30, 2008 was approved by a. vote of 4-0-0. Board of Selectmen Meeting=September 25, 2007—Page 3 A motion by Schubert seconded by Goldy to allow $15,000 in internal borrowing for the Birch Meadow Tennis Courts as authorized by Annual Town Meeting on April 23, 2007 Article 21, pursuant to Chapter 44 s 7 (28 and 29). The term of this internal borrowing is extended to June 30, 2008 was approved by a vote of 4-0-0. Proclamations/Certificates of Appreciation Proclamation—Knights of Columbus—Paul Guazzaloca and Clarence Enos from the Knights of Columbus were present to receive the Proclamation. A motion by Goldy seconded by Anthony to approve the Proclamation for the Knights of Columbus Tootsie Roll Drive from October 4 - October 7, 2007 was approved by a vote of 4-0-0. Discussion/Action Items Review Proposed Changes to LIP Regulations—Town Counsel—The Town Manager noted that Town Counsel has provided the Board with a marked up version of the LIP Regulations. Town Counsel Ellen Doucette noted that the Board of Selectmen adopted the ZBA regulations that call for a parallel application. She also noted that this is beyond the scope of the Board. The ZBA deals with profits, full plans, etc. so she condensed the regulations down to a review process. The Selectmen can send a letter of support regarding the number of units and design issues to the ZBA. She noted what is in place now is cumbersome and not necessary. Town Counsel asked if anyone has gone through this.process, and it was noted that Maplewood Village, Habitat for Humanity and 95 Pleasant Street have gone through this process. Selectman Richard Schubert noted that the 40B was a learning process, and everything depends on the applicant and their intention. If the Selectmen are going to sign on,then they need to have the whole picture, and they need to understand the financing and profits. He also noted that the Selectmen adopted the regulations because they spent a lot of time going nowhere. Town Counsel noted that the beginning of a 40B is preliminary, and what you see at the beginning can end up different at the end. She also noted that the Board will not get a good estimate of profits because there are too many variables. Selectman Camille Anthony noted that if the Selectmen are giving approval, she is not interested in giving up anything. She also noted that the ZBA looks at it with different eyes. She will look at the old regulations and see what can be combined. She also wants a review fee. Vice Chairman Stephen Goldy noted that it looks like over regulation but the ZBA is not into planning and design. He also noted that the Town has had good projects so far because of these controls. I Board of Selectmen Meeting—September 25,2007—Page4 Town Counsel noted that the Board adopted the ZBA regulations, and the 45 day timeline is mandatory to the ZBA but not the Board of Selectmen. She suggests that if the Board wants something, they should put it in a letter of support. If the developer doesn't agree, then there is no LIP. Selectmen Camille Anthony and Richard Schubert will work with Town Counsel to combine the regulations. Town Counsel Update for the Board re: 1375 Main Street—Town Counsel noted that the Town settled with 1375 Main Street for $18,000 and it was occasioned by fraud. She had met with the Inspector General's Office who investigated this application. The trust sold to the partners and the purchase and sales was inflated. She doesn't advise pursuing because fraud is a hard burden of proof. Since that time, the State has changed their regulations but the regulations are not retroactive. The State now recommends a bond, and DHCD will start monitoring applications and fund audits. Close Warrant for.Subsequent Town Meeting—The Town Manager reviewed the Warrant for the Subsequent Town Meeting. The Town Manager noted that Article 3 is to amend the Capital Improvements Program for FY08 —FY12. Article 4 is to amend the FY 2008 Budget. Article 5 is payment of prior year's bills. Article 6 is to establish a stabilization fund. Article 7 is to accept Timothy Place. Article 8 is to rescind debt. Article 10 is debt authorization for a new ladder truck. The Town Manager noted that the order needs to be placed one year ahead of time. Selectman Camille Anthony asked if other pumpers are needed. Fire Chief Greg Burns noted that we will be getting a new one in the Spring. Chairman James Bonazoli suggested asking developers to contribute to purchasing new equipment. Chief Burns noted that we are paying a significant amount on repairs to the fire trucks because of their age. Selectman Camille Anthony noted that the Board needs to prioritize in capital; i.e., tennis courts versus ladder truck. The Assistant Town Manager noted that the Town will be paying every year in the CIP for fire trucks. The problem is that if we miss a couple of years,then we.need two trucks. The Town Manager noted that Article 11 is for debt authorization for curbing and sidewalks. He also noted that the Town spent $135,000 on curbing and sidewalks this year in essential places. He suggests bringing this to the voters. Vice Chairman Stephen Goldy noted that the Town needs sidewalks, and he hopes it goes to the voters but he was concerned about Article 12. Selectman Richard Schubert suggested putting it on the Warrant, and then the Selectmen can decide whether or not to support. Chairman James Bonazoli noted that he has received phone calls regarding the CPA against it, and he feels that it needs to go to Town Meeting. Vice Chairman Stephen Goldy noted that the Selectmen as leaders determine the priorities and then bring to Town Meeting. He doesn't want to give a menu of options. Selectman Camille Anthony noted that due diligence has not been done on sidewalks to pinpoint a cost. She suggested deleting Article 11. Board of Selectmen Meeting—September 2512007—Page 5 A motion by Anthony seconded by Schubert to remove Article 11 failed by a vote of 1-3-0 with Schubert, Bonazoli and Goldy voting against. Vice Chairman Stephen Goldy asked if the Town Manager could have the information before Town Meeting, and the Town Manager indicated that he will have the cost of sidewalks, mapping and priorities for curbs and sidewalks. He noted that this will have to be done at the Subsequent Town Meeting for the Spring Election. Article 12 is accepting the Community Preservation Act. Article 13 is a Zoning By-Law amendment for accessory structures and lot coverage. Article 14 is a release of a conservation restriction at Peter Sanborn Place. Town Counsel noted that this is very unusual because there is no conservation on this land to protect. A motion by Anthony seconded by .Goldy to close the Warrant for the Subsequent Town Meeting consisting of 14 Articles to take place on November 13, 2007 at 7:30 p.m., 62 Oakland Road,Reading was approved by a vote of 4-0-0. Hearing; — Longhorn Steak House Liquor License _ The Secretary read the hearing notice. Attorney Barry Gerstein and James Rocco Lango from the Longhorn Steak House were present. The Town Manager noted that this is an application for an.all alcoholic liquor license. They have received a full site plan approval. Attorney Gerstein noted that Mr. Lango is the Regional Manager. They don't know who will be the General Manager but they will be back when they do. He also noted that RARE Hospitality is in the process of being purchased by Dartin (Red Lobster). They will come back for a change of stock but nothing will change. He noted that the Town's liquor policy is consistent with RARE Hospitality's. Staff is serve safe alcohol trained prior to employment. Chairman James Bonazoli noted that the Town of Reading takes underage drinking 10 steps above. He requested that if they shut someone off, that they alert the other establishments who are nearby. A motion by Schubert seconded by Goldy to close the hearing on the Longhorn Steak House Liquor License was approved by a vote of 4-0-0. A motion by Schubert seconded by Goldy 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 RARE Hospitality International, Inc. d/b/a Longhorn Steak House, 39 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 was approved.by a vote of 4-0-0. Bertucci's Restaurant Plan for Outdoor Dining— Attorney Brad Latham representing Bertucci's Restaurant was present. Board of Selectmen Meeting—September 25, 2007—Page 6 The Town Manager noted that Bertucci's has a new plan for the outdoor dining. Attorney Latham noted that it will be a solid metal fence approximately 42" high. The gate will be alarmed. There is a significant planting area and staff will be trained to be vigilant as to what is going on in the patio. Vice Chairman Stephen Goldy asked what type of plantings there will be, and it was noted that they will be full evergreens. The Board noted that the plantings need to be in before the patio is used. A motion by Goldy seconded by Anthony to approve the plans for outdoor dining at Bertucci's, 45 Walkers Brook Drive dated 09-20-2007 subject to a minor site plan amendment by the Community Planning and Development Commission if required was approved by a vote of 4-0-0. Discussion re: Municipal Building Committee — Selectman Camille Anthony indicated that the Board needs to discuss the community needs for space. She recommends a committee that looks at the buildings to see how they are functioning. They can evaluate the existing stock and future needs. The Town Manager noted that the committee could look at whether we need a new Library'or Youth Center. Chairman James Bonazoli noted that this ties into the capital plan and includes all Town buildings. Vice Chairman Stephen Goldy noted that he will talk to the School Committee liaison to see if they are interested. Selectman Camille Anthony noted that she will see what other communities have done. A motion by Anthony seconded by Schubert to eyo into Executive Session for the purpose of labor negotiations, not to come back.into Open Session was approved on a roll call vote with.all four members voting in the affirmative. Res ctfully submitted, ?e�cretary