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HomeMy WebLinkAbout2005-07-12 Board of Selectmen Minutes Board of Selectmen Meeting July 12, 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 Camille Anthony,Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Public Works Director Ted McIntire, Superintendent of Schools Pat Schettini, Health Administrator Jane Fiore, Police Chief Jim Cormier, Animal Control Officer Ron Burns, Town Manager Peter Hecheribleikner, Paula Schena and the following list of interested parties: Michael McIntyre, . Bill Brown,Mac McEntyre(Reading Advocate), Paul Feely(Chronicle),Peter Bowman,Patricia Hardy, Tom Antonucci, Peter Martin, David Lindberth, John Donnemiller, Kayla Wheaton, Steve Crook,Attorney Bill Solomon,Rob Spadafora,John Cataldo, Kirsten Tzianabos. Personnel and Appointments Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drugs — The Board interviewed Kayla Wheaton for one position on the Council. Tafoya moved and Duffy seconded to place the following name into nomination for one position on the Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drugs with a term expiring June 30, 2006: Kayla Wheaton. Ms. Wheaton received five votes and was appointed. Aquatics Advisory Board—Schubert moved and Duffy seconded to place the following name into nomination for one position on the Aquatics Advisory Board with a term expiring June 30, 2008: Mary Ellen O'Neill. Ms. O'Neill received five votes and was appointed. Water, Sewer and Storm Water Management Advisory Committee — The Board interviewed . Michael McIntyre for one position on the WSSWMAC. Duffy moved and Schubert seconded to place the following name into nomination for one position on the Water, Sewer and Storm Water Management Advisory Committee with a term expiring June 30,2008: Michael McIntyre. Mr.McIntyre received five votes and was appointed. West Street Historic District Commission — The applicant was not present so this will be rescheduled. Discussion/Action Items Hearing- FY 2006 Water and Sewer Rates—The Secretary read the hearing notice. Board of Selectmen Meeting—July 12, 2005 —Page 2 Public Works Director Ted McIntire and WSSWAC Members Steve Crook and Mike McIntyre were present. Ted McIntire noted that there is approximately $1.8 million in the water reserves, and approximately $1.1 million in the sewer reserves as of the audit that was done in August. The required billing for water in FY 2006 is $3,676,779 and $4 million needs to be generated for sewer. This is a total increase of 5.5%. The MWRA assessment is 80% of the budget. He also noted that there is no cost for the Water Treatment Plant yet except for the design, and the reserve fund was used last year but not this year. Selectman Ben Tafoya asked if the water rate had the MWRA water included in the calculation. Ted McIntire indicated that it did not because it won't be used until June of next year. Vice Chairman Richard Schubert asked if we have received any revenue from Gulf Oil, and Ted McIntire indicated that we have. A motion by Schubert seconded by Bonazoli to close the hearing on the FY 2006 water and sewer rates was approved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to approve the water rate for FY 2006 at $4.78 per 100 cubic feet with a minimum quarterly bill of$9.56 effective with the September 2005 billing was approved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to approve the sewer rate for FY 2006 at $5.78 per 100 cubic feet with a minimum quarterly MR of $11.56 effective.with the September 2005 billing was approved by a vote of 5-0-0. Verizon Issuing Authorily Repo —Bill Solomon, Special Counsel for the Town,was present. The Town Manager noted that on April 15, 2005, Verizon submitted a proposal. The Town has 90 days to respond. A working group was formed which consisted of the Town Manager, Special Counsel, Joseph Duffy, Gail Wood, RCTV, the School Department, RT-TAC and the Town technology staff. They developed a draft proposal and are asking the Selectmen to approve it tonight. Attorney Bill Solomon noted that the Town put an advertisement in the newspaper and received the proposal. Verizon will respond to the Town's report. The Selectmen will then schedule a hearing and will have 60 days to approve or deny. Chairman Camille Anthony asked if the hearing was on the contract. Attorney Solomon noted that it was public input on whether Verizon is qualified to provide Cable TV. He also noted that they already provide internet and phone service. Board of Selectmen Meeting=July 12, 2005—Page 3 Attorney Solomon noted that some of the points in the report deal with coverage in the community without density requirements, protecting the right of way of property, a PEG access corporation (Verizon offers 5% of their revenues), the PEG access has to have a means for programming to get back to Verizon to send out to residents, money for capital needs, customer service office in Reading or within a reasonable distance to Reading and a senior discount. Chairman Camille Anthony asked if this report sets the ceiling for negotiations, and Attorney Solomon indicated that it'does. A motion by Bonazoli seconded by Duffy that the Board of Selectmen adopt the report and attachments titled "Town of Reading Massachusetts Issuing Authority Report Cable Television License Process by its Board of Selectmen, July 12, 2005". as the Town of Reading's issuing authority report in response to "Verizon Proposal for a Cable Television License In the Town of Reading, April 15, 2005." --A motion by Schubert seconded by Bonazoli to amend the main motion to allow the Chairman of the Board of Selectmen to extend the deadline if necessary was approved by a vote of 5-0-0. The main motion was approved, as amended,by a vote of 5-0-0. Regulations and Improvements re: Wood End School — Superintendent of Schools Pat Schettini and School Committee Chairman Rob Spadafora were present. The Town Manager noted that the Selectmen set up the working group after discussion in January. The consensus of the group is that access should be from as many areas as possible, additional parking onsite is a priority, no cut through traffic onsite, and the School Department will manage the methodology for student pick-up and drop-off. The School Department is funding the additional parking onsite and the DPW is doing the work. Pat Schettini noted there will be an additional 20-25 parking spaces .and will be sufficient for staff plus additional visitors. The Town Manager noted that the flashing school signs are solar power with speed boards. They will be funded by the Inspections Revolving Fund. The Committee did a survey regarding sidewalks. Franklin Street is the first priority for sidewalks and Sunset Rock Lane is second. There is funding of$388,000 available for these two priorities The Town Manager noted that there will be paved access from Dividence Road and from Fox Run Lane to the site,but that it will not be done before school starts. The Town Manager noted that there are proposed traffic regulations including no parking, stopping, standing during certain times in many areas; do not enter during certain hours in a couple of areas; no parking on Sunset Rock Lane will change to school hours; and the Board may want to re-look at the no parking on Roma Lane. The Town Manager noted that he talked with Representative Brad Jones regarding the Safe Routes Program and there is no funding. Board of Selectmen Meeting—July 12, 2005—Page 4 Selectman James Bonazoli asked if there will be extra cost for snow plowing. The Town Manager indicated that there will be. He also noted that there are three additional Crossing Guards in the budget this year and two of them are for this area. Rob Spadafora noted that the paved access should be a priority, and the sidewalks on Franklin Street are badly needed. Selectman James Bonazoli asked if the Town will be painting crosswalks at every street off of Franklin Street. The Town Manager responded probably not. Chairman Camille Anthony asked how many people who responded to the survey indicated that they would walk. The Town Manager noted that there was quite a few. Chairman Camille Anthony noted that Michele Iantosca sent an email and had concerns regarding the proposed traffic regulations, and how it would effect mail delivery and trash pick- up. The Town Manager noted that there are still unresolved issues. Old Sanborn Lane is a private way and certain people have the right to use it and some do not. Bruce McKenzie suggests making it a one way. He recommends holding a hearing to do something about the situation. Selectman Ben Tafoya noted.that there are also speed issues on Old Sanborn Lane, and asked if we could put up a sign. The Town Manager noted that if they buy it, we will install it. He also noted that the Town will not be plowing Old Sanborn Lane this Winter unless the trench is filled in. The Town couldn't sweep it this Summer without damaging our equipment. The Town Manager noted that Emerson Street is a private way and will get a lot more traffic and will need more maintenance. He also noted that it would be unfair for the private way. The Town can plow the snow but not maintain the road by law. If we want to do this, then we have to accept the street and bring it up to standards. Bill Brown noted that the path from Fox Run Lane and the other one must be ADA compliant. John Cataldo of 46 Sunset Rock Lane asked about the gate. Pat Schettini noted that there will be a gate and they are working out the location and whether it will be open or closed during school days. The consensus of the Board was to have the Emerson Street on the Agenda first, and then do the other traffic regulations on a separate night. Review of Animal Control Issues — Health Administrator Jane Fiore, Police Chief Jim Cormier and Animal Control Officer Ron Burns were present. The Town Manager noted that there is an issue with dog bites. Board of Selectmen Meeting—July 12, 2005—Page 5 - Jane Fiore noted that the Town has a leash bylaw and licensing bylaw. The Animal Control Officer is within the Police Department but works with the Health Department, and responds to all dog bites. The Health Department supplies vaccine for anyone who was bitten. A dog is quarantined after biting someone — 10 days confinement if vaccinated, 45 days if late on the rabies and 180 days if no vaccine. Board of Health regulations include 30 days behavioral training and the dog is put down after the third bite. To date, 1849 dogs have been licensed this year, and there have been nine reported dog bites so far this year. Vice Chairman Richard Schubert asked who holds the dangerous dog hearings. Jane Fiore indicated herself and a representative of the Board of Health. Vice Chairman Schubert asked when a hearing is held. Jane Fiore noted after the first dog bite, if it is in a location where it can become infected. She also noted that she had two dog hearings this year where the owners were responsive. Vice Chairman Schubert asked if neighbors are notified, and Jane Fiore indicated they are not--just the victims are notified. Chief Jim Cormier noted that the Town Clerk's Office sends out a notice to everyone who hasn't licensed their dog this year. Selectman Joseph Duffy asked if any of the dog bites were from pit bulls. Jane Fiore indicated that one was a mix. Selectman Duffy noted that he felt a pit bull should be put down after one . bite. Chairman Camille Anthony indicated that she felt it wasn't moral to send the dog out of Town to another community, and asked what other Towns do. Selectman James Bonazoli asked if we ever had to put down a dog. Jane Fiore indicated that there were two in the past three years. She also noted that a dog owner can choose to put their dog down. Selectman James Bonazoli asked if we have restrictions based on breed, and Jane Fiore indicated that we do not. Vice Chairman Richard Schubert asked if the owner is responsible for any veterinarian costs, and Jane Fiore indicated that they are. Kirsten Tzianabos of 14 Duck Road noted that on Memorial Day weekend, her son was attacked by a dog who got away from its owner and bit her son on the leg. The owner was very upset and offered to reimburse her and indicated the dog was moving in two weeks but the dog is still there. She is concerned that this dog still exists and feels that we need to be more proactive. Chairman Camille Anthony asked why we wait until three bites before putting the dog down, and Jane Fiore noted that this is based on State code. She also noted that a local regulation can be stronger than the State regulation. Chairman Camille Anthony asked where the dog is now, and Chief Cormier indicated that the dog is home and the owner has been responsive. Board of Selectmen Meeting—July 12, 2005 —Page 6 Selectman Ben Tafoya asked if the Police see a need for change. Chief Cormier indicated that he could see what other communities are doing but there is a need for some wiggle room. Selectman Joseph Duffy indicated that waiting for three dog bites is too much, and feels that it should be reduced to two bites. Chairman Camille Anthony noted that unprovoked attacks need to be dealt with and three bites are too many. Vice Chairman Richard Schubert suggested looking at what other communities do, look at specific breeds, whether owners are cooperative and prevent repeat offenders. The Town Manager indicated that the Board of Selectmen could ask the Board of Health to review their regulations and tighten up procedures. Breed specific might have to be a Town Bylaw. Chairman Camille Anthony indicated being breed specific is racist—it could wipe out a whole breed. We want to restrict behavior, not breeds. Severity is an issue and circumstances have to be taken into consideration. Vice Chairman Richard Schubert indicated that breed is not necessarily the problem but it would be helpful to have information on breeds to fall back on after the first bite. Selectman James Bonazoli noted that he has a problem with home quarantine. The Town Manager noted that he will draft a letter to the Board of Health and bring it back to the Board of Selectmen before sending it out. Approval of Veteran's District — The Town Manager noted that every city and town is required to have a full time Veterans' Officer or form a district. We have never had a district. We have approval from the State. The principal office will be in Reading and the satellite in Wilmington. The cost will be shared-equally and the Town Manager will be on the Board. Vice Chairman Richard Schubert asked about the Veteran's Agent Board. The Town Manager noted that when a district is set up, one member from each Town serves on the Board who hires, sets rate of pay, etc. Vice Chairman Richard Schubert asked what happens if a Town decides they don't want to be part of a district. The Town Manager noted that district would be dissolved and we would find someone else. A motion by Bonazoli seconded by Duffy to approve the formation of a Veterans' Service District between the Town of Reading and the Town of Wilmington; that the costs of the District will be shared equally between the Town of Reading and the Town of Wilmington; and that the Town Manager shall be designated as Reading's member of the District Board was approved by a vote of 5-0-0. Board of Selectmen Meeting—July 12, 2005 —Page 7 Approval of.Improvements—Brande Court— The Town Manager noted that there was a map in the handout on Page 7. This is a new development:and the property owner is asking for three parallel spaces behind their building. They have 19 spaces in the back and under the building. There are some drainage issues and he talked with the property owner regarding landscaping. He wants employee/merchant parking. Vice Chairman Richard Schubert noted that the plan shows street trees, and asked if that was the area. The Town Manager indicated that it was, and the owner will come back with a plan. Vice Chairman Schubert asked how the purchase would be handled, and the Town Manager indicated that it would be done by lottery. Selectman James Bonazoli asked if there is a sidewalk, and the Town Manager indicated that it was on the opposite side of Brande Court. A motion by Duffy seconded by Schubert to approve in concept the plan for provision of 3 parallel parking spaces on Brande Court at the southeast corner of Brande Court and Chute Street, subiect to the Town Engineer's and Town Manager's approval of the landscaping treatment of-the lands between the right of way and the abutting off-street parking lot. The Board further approves the designation of those parking spaces as "Employee/Merchant Parking Spaces" pursuant to Section 5.14 of the Town of Reading Traffic Rules and Regulations was approved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to adiourn the meeting of July 12, 2005 at 10:58 -58 p.m.was approved by a vote of 5-0-0. Respectfully submitted, e c*rt