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HomeMy WebLinkAbout2006-02-28 Board of Selectmen Minutes Board of Selectmen Meeting February 28,2006 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 Camille .Anthony,Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectman Ben Tafoya, DPW Director Ted McIntire, Assistant Town Manager/Finance Director Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Peter Lattanzi, Karen Herrick, David Tuttle, Rich Morse, Stephen Crook, John and Gail Wood, Will Finch, John Sasso,Attorney Brad Latham, Jim Boland, Elaine Webb. Reports and Comments Selectmen's Liaison Reports and Comments — Chairman Camille Anthony noted that the Initiative Against Substance Abuse Ad Hoc Committee is looking at what other communities are doing. Public Comment— Bill Brown noted that the Board of Selectmen own the property on Oakland Road and don't need to go back to Town Meeting. They can get it surveyed and then auction it. He also noted that the,prices are dropping and the Selectmen need to act quickly. Peter Lattanzi of 15 Ash Hill Road and a member of the Reading Care Group noted that 40-60 stores are being planned for the Addison-Wesley project. He also noted that the Town asked,the developer to present something smaller in scale but they said it was not economically feasible. He noted that it is okay to say"no"—there is only one way in. John Sasso, Chairman of the Community Planning and Development Commission, was present. He updated the Board on the Master Plan and compliance/enforcement issues. He noted that progress is being made on site plan review, signs, special permits, etc.,but they need tracking of issues. He requested that the Board of Selectmen appoint associate members to CPDC to help out with the workload. He also noted that the Community Services Department needs an active Department Head who can help in setting priorities. He noted that the Commission is not against bonding but they want to be involved in the process. The Master Plan also needs to be reviewed to identify specific individuals and what needs to be accomplished. The Town Manager noted that he will put CPDC on the March 7, 2006 Board of Selectmen Agenda to discuss these items. Town Manager's Report The Town Manager gave the following report: Board of Selectmen Meeting—February 28,2006—Page 2 • Is the Board interested in attending a CPDC Meeting on March 13th to discuss a request by the developer of Johnson Woods to "release" the back portion of the property earlier than the seven year time frame provided in the Zoning By-Laws. • The next Board of Selectmen's Forum is March 14th • I have signed the agreement with the MSBA on reimbursement for the RMHS project. Town Accountant Gail LaPointe deserves a lot of credit-for getting this groundbreaking document put together and executed. This will ensure that the Town does not need to sell any additional debt on this project, and that we get reimbursed on an ongoing basis by the MSBA. • Reminder-Nurse Advocacy survey needs to be turned in ASAP. • The next 128/93 Meeting is March 151H • 8 Walkers Brook Drive - We have ordered Cumberland Farms to remove the underground gasoline tanks from the ground. The station has been closed for over six months and since the tanks are of single wall construction, they are classified by the Fire Prevention Code as abandoned and must be removed. Today the work should begin. • 85 Main Street - We have noticed over the last couple of weeks that this station has not been pumping fuel. The Fire Prevention Code classifies a station as "Temporarily Out of Service"when they are not adding or removing products. The code requires several steps to be followed including all products to be removed from the tank. These tanks are of double wall construction, and they may remain in the ground for two years. We are working with Cumberland Farms to see the tanks are closed.properly. • I am in the process of hiring a consultant engineer to replace Town Engineer Joe Delaney who has left to work for the State DEP. This will be on an interim as needed basis until we hire a new Town Engineer. • The Board needs to approve the Memorandum of Agreement with the Public Employee Bargaining Committee. A motion by Tafoya seconded by Schubert to approve the Memorandum of Agreement between the Town of Reading and the Public Employee Bargaining Committee was approved by a vote of 4-0-0. The Assistant Town Manager noted that there was a chart on Page 32 of the handout regarding financing options for 1481 Main Street. He also noted that a capital exclusion would be a one time payment of$150 per household. Five year borrowing from the State would be $34.16 per year, and regular borrowing for five years would be$33.06 per year. The Town Manager noted that we could get 60% from the State Self Help Program. We need to bring this to Town Meeting,put it on the ballot, and then file for the grant. Chairman Camille Anthony asked if regular borrowing needed voter approval, and the Town Manager indicated that it did not. He noted that he prepared a proposed Article for tonight. The payments wouldn't go into effect until FY08 but we need Town Meeting authorization. He suggests putting it on the Annual Town Meeting Warrant. If Town Meeting approves it, then negotiate the Purchase and Sales Agreement, and then file the grant application. Board of Selectmen Meeting—February 28,2006—Page 3 Dikussion/Action Items Review Action Status Report—The Town Manager noted that he should have a policy on details by the end of next month. Ash Street at Main is ongoing and has an action date of 2010. The PTTTF is looking at the three way stop at Grove Street. Regarding Gazebo Circle, he has a proposal to do the drainage.study on his desk. The money has to be accessed jointly but the work will be easy-we just need to make sure that we are correcting the problem. Chairman Camille Anthony asked for an update on Jordan's lighting. The Town Manager noted that he should have the code compliance report in a:couple of weeks. Selectman Ben Tafoya noted that Gill Rodriquez invited the Board of Selectmen and staff to a working group meeting regarding parking, and he will follow up. Vice Chairman Richard Schubert noted that there is no tree lawn in front of the Archstone proj ect. _Close Warrant—Annual Town Meeting—The Town Manager noted that the two school Articles have been taken off the Warrant, and he took off the Permit Coordinator because it has nine pages of State law that goes with it. The Town Manager noted that Article 18 is the authorization of debt for the Main Street property, and it has a debt exclusion written into it. Vice Chairman Richard Schubert asked if it could be written so it doesn't have to be a debt exclusion, and the Town Manager suggested leaving it as written and the debt can be left out in the Motion. The Town Manager noted that this property will be used for passive recreation in the name of conservation. The Town Manager noted that a date certain will have to be established for Article 26 - the zoning for Addison-Wesley. He will talk with the Town Moderator about this. A motion by Schubert seconded by Tafova to close the Warrant consisting of 27 Articles for the Annual Town Meeting to take place on April 24, 2006 at 7:30 p.m. in the Reading Memorial High School,62 Oakland Road,Reading was approved by a vote of 4-0-0. Accept Easements — Tambone and American Legion — The Town Manager noted that this is related to the Downtown Improvement project. These affidavits certify that we have the right of way. Both the American Legion and Tambone have consented. A motion by Tafova seconded by Schubert to accept the easement known as Parcel SW-2-T from the Reading Post of the American Legion of Massachusetts #62 was,approved by a vote of 4-0-0. A motion by Tafova seconded by Schubert to accept the easement known as Parcel SW-1-T from the haven Realty Trust was approved by a vote of 4-0-0. Board of Selectmen Meeting—February 28,2006—Page 4 Consideration of Amusement Devices — Fuddruckers — The Town Manager noted that when Fuddruckers came for their liquor license, they also asked for amusement devices. The request is for 11 videos. There is a letter from the Chief of Police who makes some recommendations. I The only place in Reading that has amusement devices is in private clubs. He suggests the Board discuss this issue in concept before scheduling a hearing. Attorney Brad Latham and Jim Boland were present. Attorney Latham noted that the request is for 11 amusement devices. He also noted that the applicant is of good character, he maintains good order, and there is no impact to the neighborhood because it is inside an existing development. He created a new plan with none of the games in the restroom area per the recommendation by the Chief of Police. Chairman Camille Anthony noted that she had concerns regarding the exit door and having little children there with no supervision. Vice Chairman Richard Schubert noted that there is one Fuddruckers with no games, and asked if it makes or breaks the business. Jim Boland noted that it does not make or break the business but it is a key component to profitability for the restaurant. Vice Chairman Schubert noted that this is a community issue and other places of business will also want this. He has concerns about controlling and monitoring the games. The Town Manager noted that the floor plan for the liquor license shows the doors at different locations, and he's not sure if it is accurate. Selectman Ben Tafoya asked how wide the aisle is that leads to the restroom, and Jim Boland estimated that itis about 51". Vice Chairman Richard Schubert noted that he is not inclined to change the direction of the path the Town has previously taken. Attorney Latham asked if reducing the number of amusement devices would make a difference, and Vice Chairman Schubert noted that it would still open the door for other business owners, and they would have the argument that we already allow them. The consensus of the Board was not to move forward with a hearing. Review of Water Supply Options — The Town Manager noted that the MWRA had previously made a presentation regarding purchasing all of the Town's water from the MWRA. A group of Town staff and officials met with DEP. The Board of Selectmen need to determine what their next steps will be. The Town Manager reviewed the following facts: 1. The DEP does not object to the Town considering full MWRA buy-in. 2. The Town will need ITA approval. 3. The Town would have to keep a few wells operational, and then give up the rest of the wells and probably would never get them back. 4. Contamination is an issue. Board of Selectmen Meeting—February 28, 2006—Page 5 5. The Town's water registration could be.reduced in 2008 to the current level of average daily use. 6. The Town would have to prove the case of not having a viable water source. 7. The Town will always have water use restrictions. 8. The Town would need a project change from MEPA . 9. The Town will have to deal with comments from the Ipswich River Basin as well as the donor basin. Chairman Camille Anthony noted that when she met with DEP, she asked them what their long- range plan is for the Ipswich River, and they indicated that they do not have one.. John Wood noted that permit water is water used over the amount of registration water, and Reading has never used permitted water. DPW Director Ted McIntire noted that every community has registration based on the numbers in the 1980's. The Town Manager noted that for the communities who filed in the 80's, their registration was based on current use. Anything over that, they needed a permit from the DEP. If a community did not file for registration in the 80's, then they had to file for a permit. The DEP has the right to modify amounts on permits. Mr. Wood noted that regarding vulnerability, AGFA has not been resolved but technology exists to treat contaminants. The Town Manager noted that we have had a gasoline spill, there have been issues with the Sterling, GE and AGFA sites, and North Reading does not have sewers. Mr. Wood noted that quality is not a concern with our current treatment. He also noted that quantity is not a problem in the Winter — the only problem is during the Summer and that has been addressed. The MWRA costs are unpredictable. Ted McIntire noted that he believes the WRC will make a big push for restrictions. Elaine Webb noted that Town Meeting supported a very strong conservation program, and the Town's policy could still be in place if we buy full MWRA. She also noted that she has discussed this with neighbors and there are a lot of factors including MWRA rates, impact on the Compost Center, long-term cost (our wells are gold and if we give them up, we will never get them back). She suggests building anew Water Treatment Plant and using the MWRA in the Summertime. Chairman Camille Anthony asked if there was a cost to keeping the wells for an emergency, and the Town Manager noted that there is the cost of staffing,testing, etc. Mr. Wood noted that an open source of water is also vulnerable. He also noted that the Water, Sewer and Storm Water Management Advisory Committee is not going full MWRA. Board of Selectmen Meeting—February 28,2006—Page 6 Gail Wood noted that if the Town goes to a boil order, then the whole system needs to be disinfected after that. I Vice Chairman Richard Schubert noted that he has heard enough to make a decision. He is.in favor of keeping our own water supply. He doesn't want to give up access to our water supply, and he doesn't want to lose control of the cost of water. He also feels that if the Town goes full MWRA, then it will lose the incentive to protect the Ipswich River and lose the incentive for conservation. He feels multiple sources of water are in the best interest of the Town. He indicated that the Town may have to give up withdrawal from the Ipswich River some day but not now. Selectman Ben Tafoya.noted that he is going in the other direction. He feels that the Board needs time to discuss all issues. He is confident that residents will continue to protect the river because the river will be more useable. He also has concerns about the construction project cost of building a new Water Treatment Plant. Selectman Joseph Duffy asked if the current Water Treatment Plant is useable for the next five years. Ted McIntire noted that it is if we put money into maintaining it. Selectman Duffy noted that he is in favor of building a new Water Treatment Plant and partial MWRA in the Summertime. He feels that a dual source is good. Chairman Camille Anthony asked if we abandon the wells, how would the land be designated if not used as a water supply. The Town Manager noted that it is Article 97 land, and needs a 2/3 vote of the legislator for approval. It was decided that this topic needs discussion with the fall Board. The Town Manager noted that a decisionneeds to be made by the end of April, and suggested scheduling this for discussion on March 21", and then a public informational session on March 28th. Review of Modified Mission Statement and Goals — The Town Manager noted that Bob LeLacheur suggested modifying the Mission Statement. Mr. LeLachuer noted that no changes have been made to the values. He merged six goals into four. He also noted that the goals helped out in the budget process. Chairman Camille Anthony noted that the budget process needs to be written, and the process needs to be clearly defined. She also noted that under Public Safety, the Town needs to get information out to the residents on what to do in an emergency. The Town Manager noted that the residents need to know where to get information.when an emergency is happening. Selectman Ben Tafoya noted that under Planning, we need to look at how the Town approaches affordable housing. He also suggested reconstituting the housing partnership. Chairman Camille Anthony suggested establishing a written process for permitting under the Planning section. Board of Selectinen Meeting—February 28,2006—Page 7 The Town Manager noted that he will report quarterly to the Board on the goals. Chairman Camille Anthony indicated that she would like to know how each department is accomplishing the objective. Approval of Minutes A motion by Tafova seconded.by Schubert to approve the Minutes of January 17, 2006, as amended was approved by a vote of 4-0-0. A motion by Schubert seconded by Tafova to approve the Minutes of January 21, 2006 was approved by a vote of 4-0-0. A motion by Schubert seconded by Tafova to approve the Minutes of January 24, 2006 was approved by a vote of 4-0-0. A motion by Schubert seconded by Tafova to approve the Minutes of January 28, 2006 was approved by a vote of 4-0-0. A motion by Schubert seconded by Tafova to approve the Minutes of February 7, 2006 was approved by a vote of 4-0-0. A motion by Schubert seconded by Duffy to go into-Executive Session for the purpose of labor negotiations, not to come back into Open Session was approved on a roll can vote with all four members voting in the affirmative. Respectfully submitted, %V ret ary