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HomeMy WebLinkAbout2005-11-15 Board of Selectmen Minutes Board of Selectmen Meeting November 15,2005 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 Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Linda Anderson, Scott Wantman, Janice and Melanie Jones, Constance Larozza, Christine DiNardo, John Fader Sr., Jim Queeney, Julie Talbot, Kathy Vaccaro, Naomi Kaufman, Donnan Burner, Florence and Don Wood, Marianne Zwicker, Philip Maher, Robert Smith, Stephen Herrick, Robert Prince, Karen German, Newell Bugbee, Allison DaSilva, Henry Barool, John Stosez, Peter Dahl, Susan DiGiovanni, Patricia and Thomas Fitzgerald, Marquerite Bosnian, Jennifer Martin, John Diaz. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Ben Tafoya noted that he attended a meeting of the Hospital Development Committee last week. In response to George Hines' request for a summit meeting,he developed an agenda and outcomes to use as a guide. Selectman James Bonazoli noted that the Solid Waste Advisory Committee is lacking in membership and wants to know if they should continue. The Town Manager noted that he will put this on the December 6,2005 Agenda. Selectman Joseph Duffy noted that he received a phone call from a Linden Street resident requesting no rezoning. Public Comment—Town Meeting Member Janice Jones of Mt. Vernon Street was present to talk about Article 21 for the Subsequent Town Meeting. She noted that she canvassed.the neighborhood and only one person knew about the rezoning. She indicated that block is a good buffer zone between the businesses and the homes. She feels that Business B on Linden Street will work its way to other neighborhoods and devalue homes. She also noted that it is okay now the way it is, but what if a building gets sold and Walgreen's or a restaurant goes in there. She noted that once is becomes Business B, nobody can stop what goes in there. She requested that the Article be delayed and that the residents be notified so they can give their input. The Town Manager noted.that the genesis was when the house burned down on Sanborn Street. The owner had an inquiry to purchase the property for parking. Janice Jones noted that Linden Street residents will sell if commercial goes in across the street. Board of Selectmen Meeting;—November 15, 2005 —Page 2 Selectman Ben Tafoya suggested waiting until there is a proposal before changing anything. i Kathy Vaccaro of 57 Woburn Street noted that she is opposed to the encroaching on the residential character of her neighborhood. Naomi Kaufinan of 64 Woburn Street agreed with Ms. Vaccaro. She is not in support of changing one or any parcels. Julie Talbot of 75 Linden Street suggested that the Town look more at improving the business properties. Melanie Jones of 22 Mt. Vernon Street noted that the MF Charles building is vacant, and the new building at Haven and High Streets have low occupancy. If the business zone is expanded then it will hurt the occupancy. He noted that only one person received notice and people were blind sided creating mistrust. Kathy Vaccaro suggested that when letters are sent out, a map and explanation should be attached. Selectman Ben Tafoya suggested communicating to CPDC that the Board of Selectmen wants this Article tabled or postponed. A motion by Bonazoli seconded by Tafoya to recommend tabling Article 21 was approved by a vote of 4-0-0. The Town Manager's Report The Town Manager gave the following report: o Line striping issue—Walnut Street and South Street. Paving complete—Berkley, Gleason, Greenwood. ® Pavement to be complete by the end of the week— Summer and Willow. ® Curbs are installed on Melbourne. ♦ Toys for Tots Program. o Chairman needs to sign off on MSBA form. o Town Meeting may be complete on Thursday. ♦ Last Flu Clinic Wednesday,November 16th at Parker Middle School— 5:00 p.m. to 7:00 p.m. —we have an adequate supply of flu vaccine. The Garden Club's Memory Tree Program is on December 4th, and they have requested a member of the Board of Selectmen to participate. o Court case re: Beacon Street 40 B project—the ZBA approval of the project is affirmed after five years of legal action. ♦ We have received and staff is evaluating additional information including legislation that appears to authorize Storm Water Management Enterprise Funds. 0 MWRA decision on Reading's application for supplemental water—November 16th. Board of Selectmen Meeting—November 15, 2005—Page 3 Personnel and Appointments Audit Committee — Vice Chairman Richard Schubert noted that former Selectman/Audit Committee member Matt Cummings was in the audience. The Board interviewed Stephen Herrick and Robert Prince for one position on the Audit Committee. Duffy moved and Bonazoli seconded to place the following names into nomination for one position on the Audit Committee with a term expiring June 30, 2006: Stephen Herrick and Robert Prince. Each candidate received two votes so there being a tie, it was decided to wait until there was a full Board at the next meeting. Council on Aging — Associate — The Board interviewed Marquerite Bosnian for one Associate position on the Council on Aging. Bonazoli moved and Duffy seconded to place the following name into nomination for one Associate position on the Council on Aging with a term expiring June 30, 2006:Marguerite Bosnian. Ms.Bosnian received four votes and was appointed. Cultural Council—Associate—The Board interviewed Jennifer Martin for one Associate position on the Cultural Council. Bonazoli moved and Duffy seconded to place the following name into nomination for one Associate position on the Cultural Council: Jennifer Martin. Ms. Martin received four votes and was appointed. Discussion/Action Items Jordan's Application to Operate the I-Max Theater on Christmas Day — Scott Wantman, the Manager of the I-Max Theater,was present. The Town Manager noted that the operation of entertainment on Sunday on Christmas requires approval by the Board of Selectmen. The Police Chief has no problem with it. They are planning on showing Harry Porter at 2:00 p.m., and The Polar Express at 5:00 p.m. and 7:00 p.m. Vice Chairman Richard Schubert asked what time the last show will end, and Mr. Wantman indicated that it will end at 9:00 p.m. -- they will close up and clean up the next day. Vice Chairman Schubert asked if there was a way to assure that the lights will be off at 9:00 p.m. Mr. Wantman indicated that the lights go off when the last employee leaves. Selectman Ben Tafoya noted that he was extremely disappointed with the management's response to the article in the Globe. He is not willing to vote in favor of special permission for Jordan's. He hopes that management will be more receptive to neighbors and residents. The Town Manager noted that the Consultant's reports was sent out on Wednesday, and they did not receive it until Monday. Vice Chairman Richard Schubert suggested putting an ending time for lights out. Board of Selectmen Meeting—November 15, 2005 —Page 4 Selectman Ben Tafoya asked if anyone else is going to be open, and the Town Manager indicated not that he knew of. Selectman Joseph Duffy indicated that he was for it because they haven't been uncooperative. He suggested putting the time for the lights to be out as a condition. Selectman James Bonazoli noted that when he met with Jordan's, it was very positive. He is in favor of approving in a good faith effort to work with Jordan's regarding the lighting issues. A motion by Bonazoli seconded by Duffy to grant permission for the I-Max Theater at Jordan's, 50 Walkers Brook Drive, to.be open to the public and show three movies with the last.show completed by 9:00 p.m. and all non-security lights to be off by 9:45 p.m. was approved by a vote of 3-1-0, with Tafoya opposed. Approval of Vacating Easement—Walnut Street—The Town Manager noted that this is a request to vacate an easement. There are no utilities in the easement and the owner wants to build a pool. A motion by Bonazoli seconded by Duffy to approve the release of easement located on land situated off of Walnut Street, which easements are shown on a plan entitled "Easement ThroughPrivate Property for Drainage, Water and Sewerage Purposes Walnut Street, Scale: 1 in. = 40 ft., Nov., 1967" registered with the Middlesex South Registry District of the Land Court as Document No.450960 was approved by a vote of 4-0-0. Addison-Wesley Traffic Presentation—John Diaz from Greenman—Pedersen, Inc. was present. Vice Chairman Richard Schubert noted that Mr. Diaz would give the Board his review of the applicant's study. The Town Manager noted that the supplemental study and comments were received yesterday. Mr. Diaz. noted that the point of this review was to concentrate on the signalized intersection. The original plan was received in August and he had issues with the geometric design, the Saturday peak hour, and the one left lane and one through left lane. He also noted that the left turn issue has been resolved. There are two dedicated left turn lanes that.are "protected." They have added traffic for the real estate training center. The South Street through traffic is prohibited eastbound on South Street. A delta island will be put in to prohibit southbound left turn. The intersection of South Street and Jacob Way stays the same. He noted that the signals will control the number of cars coming out and going down South Street, and that this is an existing Level B and with the improvements will maintain a Level B with Level C on Saturdays. Vice Chairman Richard Schubert asked if he factored in the peak shopping center traffic, and Mr. Diaz noted that the geometries are there to accommodate -- it won't be perfect but it can accommodate. Board of Selectmen Meeting—November 15,2005—Page 5 Vice Chairman Richard Schubert asked if the distance was long enough to support, and Mr. Diaz indicated that it can be controlled. Vice Chairman Schubert also asked if there was any opportunity for pedestrian crossing, and Mr. Diaz indicated that there was not. Vice Chairman Richard Schubert asked if the grand opening and day after Thanksgiving were factored into the counts, and Mr. Diaz indicated that they are not--they look at a typical day. Vice Chairman Richard Schubert asked if square footage is taken into consideration, and Mr. Diaz noted that it is and that the footage from Hingham was used. Vice Chairman Schubert also asked if those numbers were reliable, and Mr. Diaz indicated that the trip generation numbers are conservative and can be handled. Selectman Ben Tafoya asked Mr. Diaz for his credentials. He asked Mr. Diaz if he would design an intersection with a small queue as that coming off of Route 128. Mr. Diaz noted that it is not ideal but not uncommon--people work with what they have. Selectman Ben Tafoya asked if he has been involved in any design or review of design,less than optimal. Mr. Diaz indicated that Best Buy was a disaster. Selectman Tafoya noted that this intersection is a major way to get in and out of Town, and Election Day in 2004 was unsuccessful. Mr. Diaz noted that was with the existing design,not the new design. The Town Manager asked if this can all be done in the existing right of way, and Mr. Diaz indicated that it can. The consensus of the Board was to put this back on the December 6th Agenda when a full Board is present. Discussion on Dangerous Dogs —The Town Manager noted that he met with Chairman Camille Anthony, Health Administrator Jane Fiore and Holly Stump from the North Shore Kennel Club. Ms. Stump had given them samples of bylaws and suggested using Springfield's as a model. This will identify potentially.dangerous or vicious dogs, and set up a process to deal with them. It also deals with insurance issues. He suggests incorporating the leash and pick up bylaws into it. Selectman James Bonazoli indicated that he was impressed with Springfield's Ordinance especially on wild animals. The consensus of the Board was to move forward and draft a bylaw for the Annual Town Meeting. Input to CPDC re: Cul-de-Sacs — The Town Manager noted that CPDC needs the Selectmen input now regarding islands in cul-de-sacs. Staff doesn't like them because they are difficult to plow. The Selectmen as Road Commissioners need to decide. Board of Selectmen Meeting—November-15, 2005—Page 6 The Town Manager indicated that he is in favor. He noted that people get creative and it counts as pervious surface. He also noted that CPDC needs to make it clear in its decision as to who will maintain the islands. The consensus of the Board was that they were in favor of the islands in the cul-de-sacs. Discussion of Budget Process—Assistant Town Manager Bob LeLacheur noted that the Finance Committee will review the budget in six evenings between February 15th and March 22, 2006. He indicated that the Selectmen need to review the budget before then. - The Town Manager noted that health insurance bids are due on January 3, 2006. Selectman Ben Tafoya noted that the critical-assumptions in this budget will be health insurance and energy prices. A motion by Bonazoli seconded by Duffy to go into Executive Session for the purpose of strategy with respect to litigation, not to come back into Open Session, was approved on"a roll call vote with all four members voting in the affirmative. Respectfully submitted, ecretary