HomeMy WebLinkAbout2005-04-19 Board of Selectmen Minutes Board of Selectmen Meeting
April 19, 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 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille
Anthony, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya,Public Works
Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and the following
list of interested parties: Bill Brown, Mary Ellen O'Neill, Steve Lewis, Adam Berger, Bob
Brown, Peter Tassi, Kerry Mackin.
Reports and Comments
Selectmen's Liaison Reports and Comments—There were no reports.
Public Comment — Bill Brown noted that there are two court documents that state we cannot do
Article 2 of the 2005 Annual Town Meeting Warrant because it is considered a tax and not a fee.
The Town Manager noted that Engineering is spending a lot of time on storm water management
because it is mandated. He will have Town Counsel look at Bill's letter.
Mary Ellen O'Neill presented an Aquatics Advisory Board update. She noted that the Town is
already in its seventh year of the agreement. She also noted that Summer swim is in July and
August. The open swim is a minimum of two lanes with one lane abutting the wall. The
Reading Recreation Summer Camp uses the pool two hours Monday through Friday. The free
eight week Learn to Swim Program for kindergarten students is only utilized by 29% of them.
Vice Chairman Camille Anthony indicated that she would like to know why there isn't more
participation in this program.
Chairman Richard Schubert asked if the Summer open swim is free. Mary Ellen O'Neill noted
that it is $3.00 per child or$7.00 per family.
The Town Manager noted that he has suggested to the YMCA that we need to start thinking
about what to do when the agreement has ended.
Town Manager's Report
The Town Manager gave the following report:
o The Boston Globe article of last Sunday indicated that Reading was among 14 communities
that were audited and would not receive full reimbursement for school projects. Please see
the attached memo from the Finance Director and Town Accountant explaining the audit —
which was from April 2004 — and the impact. Unlike some of the other communities sited,
Reading did not/will not receive full reimbursement because of technical issues, not issues of
inappropriate spending.
Board of Selectmen Meeting—April 19 2005—Page 2
♦ We have submitted a reimbursement request to FEMA for over $215,000 in Town costs for
snow/ice control for the January, 2005 blizzard. The reimbursement will be for 75% of
eligible costs, so we would estimate that our reimbursement would be slightly over$160,000.
♦ The Election on April 5th at Addison-Wesley went well logistically. The turnout was about
16%.
♦ All proposed Charter amendments on the April 5th Election ballot were approved and are
now in effect.
♦ Town Meeting begins on April 25th, continuing on Mondays and Thursdays until completed
. the additional dates would be April 28th, May 2nd and May 5th, if needed.
♦ Although it appeared that the MBTA was going to agree to take the Mishawum Station
property off the market until the Route 128/193 process has proceeded to a point where we
would know whether it was needed, the T has reversed that position and is continuing with
the proposed sale—see attached April 7, 2005 letter from John Cagliano.
Chairman Richard Schubert noted that the Interchange Task Force decided to let that proceed
because it will take time to sell the property. Selectman Ben Tafoya asked if there were any
plans to have a public meeting to bring updates to the community, and Chairman Schubert
noted that the Board did that last Summer and there has not been much activity since then.
The Board will hold a public meeting as it moves forward, probably in the Fall. Selectman
Tafoya noted that we need to let the residents know this is still an ongoing issue. The Town
Manager suggested putting something on the front page of the next issue of YCC.
♦ The next planned Board of Selectmen Meeting is on May 9th at the Police Station
Community Room as a zoning workshop with CPDC related to Downtown zoning
(residential uses) and Addison-Wesley zoning. Selectman Tafoya asked if we would be
notifying the Addison-Wesley people, and Chairman Schubert indicated that he would
contact CPDC and see what they want to do.
♦ On May 101h, the Board of Selectmen will have their next regular meeting.
This Thursday at 1:00 p.m., Reading will receive its 20th annual recognition as a "Tree City,
USA."
♦ Due to the retirement of Tom Younger as Town Administrator in North Reading, I have been
asked by the town to assist in the screening process for anew Town Administrator. I have
agreed and this work will not interfere with my duties in Reading. It is part of my obligation
and responsibility as a professional manager to assist in this process when possible.
♦ We are in the process of repaving Woburn Street. I have received a number of calls and
letters complaining about vehicles being ticketed and/or towed. I am looking into this matter
and will respond to all this week.
Our Recreation Administrator has been able to obtain three sponsors for "dog mitt
dispensers"program(including custom signage and bags). The three sponsors are:
VCA Wakefield Animal Hospital
Middlesex Animal Hospital
Reading Animal Clinic
We already have received the dispensers and bags. The signs will be done shortly and they
will go up in the parks. The three locations will be Sturges, Memorial and Birch Meadow
near Morton/Lighted Field.
Board of Selectmen Meeting—_April 19,2005 —Page 3
♦ Chief Robert Silva is retiring Friday after over 30 years of service to the community. If
you'd like to stop by the Police Station on Friday between 12:30 and 3:30 and wish Chief
Silva a happy retirement, that would be most welcome.
Discussion/Action Items
Hearing—Regulations on Infiltration Systems in the Aquifer Protection District— The Secretary
read the hearing notice.
The Town Manager noted that the Zoning By-Laws establishes an Aquifer Protection District in
the area west of Main Street and north of Franklin Street. The bylaw is silent on the design
guidelines for infiltration systems and these are being recommended for approval. The current
bylaw indicates that no more than 15% of the property can be impervious cover. An additional
5% is allowed if the property owner gets the water back into,the system. These regulations are
an attempt for,staff to address issues. These rules and regulations will address new construction,
pre-existing non-conforming with 15%-20% impervious cover, pre-existing non-conforming
with more than 20% impervious cover, and the infiltration design.
Chairman Richard Schubert asked if pre-existing properties would be -grandfathered until they
want to do something, and the Town Manager indicated that was right. The Building Inspector
gives the permit application to the Conservation Administrator for review.
Chairman Richard Schubert asked if detention basins would qualify, and the Town Manager
indicated that they would. The basins would hold the water onsite until it can percolate.
Vice Chairman Camille Anthony requested information on what the Town is doing to get
underground oil tanks removed from the Aquifer Protection District.
A motion by Anthony seconded by Tafoya to close the hearing on the regulations on
infiltration systems in the Aquifer Protection District was approved by a vote of 5-0-0.
A motion by Duffy seconded by Bonazoli to approve the policy establishing the Aquifer
Protection District infiltration system design guidelines was approved by a vote of 5-0-0.
Hearing — Change of Manager/Transfer of Stock — Reading Liquors — The Secretary read the
hearing notice. Adam Berger was present.
The Town Manager noted that Bruce Berger, owner of Reading Liquors, has passed away. The
family intends to sell the business but needs transfer of stock.
Chairman Richard Schubert noted that #13 on the application was not answered, and he asked
Adam Berger if he had a criminal record. Mr. Berger indicated that he did not.
Chairman Richard Schubert noted that in Section 4b8, question 9c, it asks if the majority of the
Directors are residents of Massachusetts and two of them live out of state. He indicated that the
answer needed to be changed to "no." Chairman Schubert asked Adam Berger if he will be the
onsite manager, and Mr. Berger indicated that he will. He noted that he has worked there several
Board of Selectmen Meeting April 19, 2005—Page 4
Summers and is familiar with the process of checking identification, etc. Chairman Schubert
asked if there would be any changes in staff, and Mr. Berger indicated that there would not.
The Town Manager asked Adam Berger when he was intending to sell the business. Mr. Berger
indicated that he hoped to sell the business by the end of the year.
Substance Abuse Prevention Advisory Committee Member Bob Brown asked how this hearing
was announced to the Town because the SAPAC was not notified. The Town Manager noted
that the Agenda's are e-mailed to departments, it was advertised in the newspaper, and it is on
the website and the RCTV Bulletin Board.
Chairman Richard Schubert noted that the SAPAC should be included in the process. He also
noted that the Police Department is not opposed to the change of manager.
A motion by Duffy seconded by Bonazoli to close the hearing on the Change of
Manager/Transfer of Stock for Reading Liquors, Inc.was approved by a vote of 5-0-0
A motion by Duffy seconded by Anthony to approve the Change of Manager/Transfer of
Stock for Reading Liquors, Inc. was approved by a vote of 5-0-0.
Update on Water Issues — Public Works Director Ted McIntire and Water Treatment Plant
Supervisor Peter Tassi were present.
The Town Manager noted that the Water and Sewer Advisory Committee was established seven
years ago. They did a master plan for the water distribution system. His plan for tonight is to
cover the conservation program, water main projects, and water reading programs. He plans on
discussing the Water Treatment Plant project and the MRWA buy-in on May l Oth.
Vice Chairman Camille Anthony noted that Gail Wood came in last week and indicated that we
should stop the application process. Vice Chairman Anthony indicated that she did not want to
wait until May 10th to discuss this, and asked the Town Manager where we are to date with the
MWRA.
The Town Manager noted that the application is not before the MWRA yet. The application is
before the Water Resource Commission who has to approve the interbasin transfer. If they grant
approval, then we need to get legislative approval, MWRA approval,and then MWRA Advisory
Board approval. This process was started five years ago. A study was conducted. The Town
went to MEPA because they are required to give a certificate of approval. As part of that
process, the original proposal of 219 million gallons per year was to the end of September. The
process changed that to the end of October. We requested a September date and the Water
Resource Commission issued approval on the September date, so the MEPA and WRC dates are
different.
The WRC has drafted a decision with conditions, listened to our concerns, and continued this to
May 12th. The major issues are that the Town wants as much local control; i.e., Water
Conservation Program. The WRC staff wants triggers so that if we use more than 'Y' number of i
Board of Selectmen Meeting_—April 19, 2005 —Page 5
gallons of MWRA water, we are using too much water and need to restrict. We told them the
Board of Selectmen would be willing to work on this. We originally requested 219 million
gallons and every time we bend, they ask for more. Other communities have permits that they
are appealing.
Vice Chairman Camille Anthony asked what the issues are that the Town has a problem with.
The Town Manager noted that if we get to a certain amount by such a date, then we will cut two
hours of watering a day. They want us to cut four hours per day. We also want to put in the
agreement that this is voluntary—we are not being forced to do this.
Kerry Mackin from the Ipswich River Watershed Association noted that she sent a packet to the
Board of Selectmen with draft conditions. She noted that they are not asking Reading to use
water restrictions that are stricter than other communities. She also noted that the outdoor water
restrictions condition #2 provides an exemption from the restriction, and that is too broad of an
exemption.
The Town Manager noted that the Town has compromised a lot. No other community is cutting
their withdrawal from the Ipswich River in half. The Town does an annual leak detection, has
standing restrictions in place that includes off/even in early morning and afternoon, the new
Water Treatment Plant will make water conservation more flexible, and we are now converting
to artificial turf.
Selectman Ben Tafoya asked if an agreement with the Ipswich River Watershed Association
would help to get approval. The Town Manager indicated that he thought so but it is unlikely.
The consensus of the Board was to meet in a working session on April 26th at 7:30 p.m.
Water Conservation Progr — Ted McIntire reviewed the Water Conservation Program. He
noted that the Town gives out rebates for certain washing machines, low flow toilets and rain
sensors. Public Works checks all locations before issuing a rebate check. To date, $73,800 has
been returned to residents. The Town has conducted 102 water audits, and 527 water saving
devices have been installed to date. He also noted that when a water audit is done, the customer
is given a chart indicating their indoor water use, outdoor water use, and gives recommendations
on how to conserve on water. The Town also installs the low flow devices to make sure they are
installed properly. All municipal buildings and schools have been retrofitted. The system wide
leak detection program saved the Town $305,000 over the past five years, and the cost to do the
program is under $10,000 every year.
Ted.McIntire noted that the Town saved 3,510,000 gallons per year with the rebate items, the
leak detection program saved 138,000,000 gallons per year, and the municipal building retrofits
saved 5,000,000 gallons per year.
Ted McIntire noted that the planned activities for the future include coordinating teacher
workshops, develop a new brochure, identify largest multifamily users, and identify largest
commercial water users.'
Board of Selectmen Meeting—April 19, 2005 —Page 6
Water Main Projects — Ted McIntire reviewed the list of water main projects that have been
conducted.
Water Radio Read—Ted McIntire noted that it now takes 1%2 days to read all of the water meters
in Town. There was a problem with some of the transponders, and the vendor is replacing all of
the transponders in Town. Monthly billing is an option with this program. The Town Manager
noted that customers often request more frequent billing but there is more cost to postage,
billing, etc.
Chairman Richard Schubert asked about the status of the Water Treatment Plant. Ted McIntire
noted that he is meeting with Natural Heritage because we have blue spotted salamanders and
that may need mitigation. He should know by next week. The Town Manager noted that the
Town will have to go out to bid soon and do a Special Town Meeting in June.
Town Meeting Preview—The Town Manager reviewed the Town Meeting Warrant.
A motion by Anthonv seconded by Bonazoli to support the subject matter of Article 4 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Tafoya to support the subject matter of Article 6 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 7 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Tafoya seconded by Duffy to support the subject matter of Article 8 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Duffy to support the subject matter of Article 9 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Duffy to support the subject matter of Article 10 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to support the subject matter of Article 12 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to support the subject matter of Article 13 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 14 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Duffy to support the subject matter of Article 15 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
Board of Selectmen Meeting—April 19 2005—Page 7
Article 17 — Vice Chairman Camille Anthony recused herself because her husband is the
President of the Community Parish Nursing Board of Directors. The Town Manager noted that
the Finance Committee voted not to recommend this Article. The Finance Committee suggests
reviewing at a later date because the Town just hired a new Elder/Human Services
Administrator, and the Hospital Development Committee is doing a study.
Selectman Ben Tafoya indicated that it would be nice to hear from the Council on Aging, and he
suggested that the Board of Selectmen not take a position on this Article.
The Town Manager noted that the debate on this Article will happen under the budget.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 23 of
the April 25, 2005 Annual'Town Meeting was approved by a vote of 5-0-0:
A motion by Duffy seconded by Anthony to support the subject matter of Article 24 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 25 of
the April 25, 2005 Annual Town Meeting failed by a vote of 0-5-0. Vice Chairman Camille
Anthony noted that she is opposed to this Article.
Chairman Richard Schubert noted that the Board has received a lot of feedback since the
issuance of a package store license to Atlantic Market. He feels that there is no urgency for this
Article and he will not support it.
A motion by Anthony seconded by Tafoya to indefinitely postpone Article 25 failed by a
vote of 1-4-0, with Tafoya,Bonazoli,Duffy and Anthony opposed.
Chairman Richard Schubert noted that if there is a demand for it, the Selectmen will hear about it
and put it back on the Warrant in the Fall.
District Land Court to Vacate Decree — 74 Mt. Vernon Street — The Town Manager noted that
there is a memo from Beth Klepeis in the packet. The Town foreclosed on the property. They
are willing to pay back the taxes if the Board of Selectmen vacate the decree.
A motion by Duffy seconded by Bonazoli to agree to file a petition in Land Court to vacate
the foreclosure decree for the property at 74 Mt. Vernon Street upon the payment of all
taxes, interest, charges and legal fees was approved by a vote of 5-0-0.
Authorize Chairman to sign Regulatory Agreement—Maplewood Village — The Town Manager
noted that Chairman Richard Schubert signed this agreement on March 16, 2005 but Land Court
needs this authorization because it is a LIP and the Town is the partner.
Board of Selectmen Meeting—April 19, 2005—Page 8
A motion by Anthony seconded by Bonazoli to hereby certify that Richard W. Schubert is
the duly appointed Chairman of the Board of Selectmen and on March 16, 2005,was vested
by the Board of Selectmen with authority to execute and deliver to Maplewood Village
Development, LLC as owner of the real property known and numbered as 201-275 Salem
Street, Reading, Massachusetts, a document entitled "Regulatory Aereement and
Declaration of Restrictive Covenants for Ownership Project" was approved by a vote of
5-0-0.
Liaison Assignments —Richard Schubert made the following liaison assignments effective April
19, 2005 through June 30, 2006:` Accounting Department — Richard Schubert; Community
Services including ZBA, CPDC, Conservation Commission, Historical Commission — Ben
Tafoya; Community Services including Land Bank, Board of Health, Constable, Board of
Registrars, Council on Aging/Mystic Valley Elder Services — Camille Anthony; Finance
Department — Camille Anthony; Housing Authority— Richard Schubert; Library — Ben Tafoya;
Public Safety —Joseph Duffy; Department of Public Works — James Bonazoli; RMLD — Joseph
Duffy; School Department — Richard Schubert; Downtown Steering Committee — Camille
Anthony.
Approval of Minutes
A motion by Anthony seconded by Tafoya to approve the Minutes of April 12, 2005, as
amended, was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to adjourn the meeting of April 19, 2005 at 11:15
p.m. was approved by a vote of 5-0-0.
Respectfully sub ed,
&retary