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HomeMy WebLinkAbout2004-01-06 Board of Selectmen Minutes Board of Selectmen Meeting January 6,2004 The meeting convened at 7:05 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Richard Schubert, Secretary Gail Wood, Selectmen Camille Anthony and Matthew Cummings (arrived at 8:00 p.m.), Town Accountant Richard Foley, Town Counsel Joan Langsam, Town Counsel Yvonne Gonzalez, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Paul Feely, BobLynch, Tom Ryan, John Greichen, Jennifer Lachmayr, Attorney Brad Latham, Mark Dickinson, Ed Shaw,David Moore, Eileen Barrett, Pam Kelly,Tina Torman. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony asked about the status of the 1-93 containment and the next steps for the Downtown parking. Vice Chairman Richard Schubert reminded the public that Tuesday is the deadline for filing nomination papers for the Election. Chairman George Hines noted that he attended a Budget Meeting last Saturday with staff and members of the Finance Committee. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: * The Danis Corporation is willing to work with us on a skateboard park for use over the next three years as a temporary site. The Recreation Administrator and I met with Mr. Danis today, and he reviewed an overall redevelopment of the site including a location for a temporary skateboard park. We will schedule this for a staff review as soon as possible. * The Health Division is running a Pneumonia Clinic as shown in the attached flyer. * Parking Enforcement Officer Ron Burns issued 25 "Warning Tags" today (Monday, January 5) to packers at the Depot who did not have active resident parking stickers. He will continue to issue "Warnings" for the remainder of the week * The Master Plan Advisory Committee is hosting a Housing Forum on January. 14th. A copy of the flyer is attached. * The CPDC is having a Downtown "walk" this Saturday at 9:00 to review signs in the Downtown area. The Chamber of Commerce has been notified and invited to participate. * Many of the members of the Board of Selectmen and I will be attending the MMA Annual Meeting in Boston on January 16th and 17th. The MMA-is the main spokes-agency for local government in Massachusetts, and the annual meeting is always informative and worthwhile. Some FINCOM members may also attend. + The Annual Census is in the mail and it includes with it a FINCOM survey on a blue paper. Please take a few minutes to fill it out and return it with your Census to the Town Clerk's Office. Board of Selectmen Meeting—January 6, 2004—Page 2 The third issue of Your Community Connection (YCC)has been sent out in the mail, and the printing and mailing were sponsored by First Call Mortgage. Please take a few minutes to read it, keep it as a reference, and let us know if you have any questions, comments or suggestions on it. Personnel and Appointments Reading Telecommunications and Technology Advisory Committee — The Board interviewed John Greichen for one position on the Telecommunications and Technology Advisory Committee. Mr. Greichen indicated that he was an Associate member and was interested in filling the permanent position created by Bill O'Halloran leaving. Anthony moved and Wood seconded to place the following name into nomination for one position on the Telecommunications and Technology Advisory Committee with a term expiring June 30, 2004: John Greichen. Mr. Greichen received five votes and was appointed. Town Counsel Review Committee — The Board interviewed Tom Ryan for one position on the Town Counsel Review Committee. Anthony moved and Wood seconded to place the following name into nomination for one position on the Town Counsel Review Committee with a term expiring March 31, 2004: Tom Ryan. Mr. Ryan received five votes and was appointed. Water, Sewer and Storm Water Management Advisory Committee ()YSSWMACI— The Board interviewed Jennifer Lachmayr for one position on the WSSWMAC. Anthony moved and Wood 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, 2065: Jennifer Lachmayr. Ms. Lachmayr received five votes and was appointed. Discussion/Action Items Presentation of Phase 2 Landfill Development — Attorney Brad Latham, Mark Dickinson, Ed Shaw and David Moore were present. Attorney Brad Latham noted that retail use is allowed for Phase 2 on the condition that the type of use comes back to the Board of Selectmen. He also noted that he could not identify the particular users yet but could give the Board a general idea. Mark Dickinson noted that there has been great interest from the retail community. He is negotiating with an Italian restaurant, an electronic gadget store, Linens and Beyond, Office Etc., a kids store, clothing store, party store, another restaurant, a coffee shop and a bank. He has Letters of Intent from almost seven of these retailers. He is requesting the Selectmen's approval so he can move forward to CPDC. Board of Selectmen Meeting—January 6,2004—Page 3 Vice Chairman Richard Schubert noted that he was impressed with the rendering and concept plans. He also noted that this is the gateway into Reading and he asked how they will deal with landscaping and streetscape. Mark Dickinson noted that the best planting opportunity is along the street because they can't plant on the membrane. Selectman Camille Anthony asked if any of these structures will have a second floor. Mr. Dickinson noted that one does but there could be a problem with parking. Chairman George Hines requested that Mr. Dickinson notify the Board if there are any major changes to the Phase 2 plan. A motion by Wood seconded by Anthony to approve the alternate uses for lot 2 of the former landfill properly, consisting of approximately 8.519 acres of land, as proposed and included in a packet of information dated December 30, 2003 from Latham, Latham, an Lam6nd P.C., consisting of retail uses, pursuant to Section 19.3 of the third amendment to the Purchase and Sales Agreement between the Town of Reading and Dickinson Development Corp. dated August 22,2002 was approved by a vote of.4-0-0. Town Accountant Quarterly Meeting—Review Audit Process—Town Accountant Richard Foley was present. He noted that the Town hired a new auditing firm this year—Melanson and Heath. Selectman Camille Anthony asked if there was a difference in this Auditor's approach. Richard Foley noted that the first year is more extensive so they can establish working papers. The Town Manager noted that they also used questionnaires. Selectman Camille Anthony noted that she would like to see a procedure for the ambulance billing at the Fire Department. She would also like to see a mechanism for cost versus income on the ALS. Vice Chairman Richard Schubert asked if we don't have the resources to carry out recommendations,how do we decide what is important. Richard Foley noted that over the years, KPMG recommended things that would be nice; i.e., certain things being handled by two people instead of one but it was not feasible to hire more people. Vice Chairman Richard Schubert asked if there was a way to uniform a billing and collection system in Police and Fire. Richard Foley noted that it depends on the person doing the function and what is being collected. Selectman Gail Wood asked about computers and cost factors. Richard Foley noted that the Collector's Office is fully automated. There is a daily cash receipt book that would not be cost efficient to automate. Selectman Gail Wood suggested getting something in writing from the Schools on a weekly basis regarding the student activity fee. Richard Foley noted that the money comes to the Town and he puts it in an outside checking account. He also noted that people need to follow the Board of Selectmen Meeting—January 6, 2004—Page 4 guidelines that are in place. Selectman Gail Wood suggested that the burning permits also be pre-numbered. Selectman Matthew Cummings asked why the Police and Fire billings were not centralized. He indicated that he feels anything billable should be centralized. He asked how much business was mail,walk-in and electronic in the Police and Fire Departments. The Board directed the Town Manager to consult with staff and bring this back to the Board in one month. Hearing Consideration of Reg"uirink P=!= Owners to Plow Sidewalks Abutting their Prop The Secretary read the hearing notice. Chairman George Hines noted that the Board has received emails from people complaining sidewalks are not clear. The Town Manager noted that the Town clears 50 miles of sidewalk for the schools and Downtown. He indicated that it might be a good idea to re-evaluate the school routes. He noted that surrounding towns have Bylaws requiring commercial areas to be plowed. Selectman Matthew Cummings noted that the Town should be plowing in the business area. Selectman Gail Wood noted that some residences don't have a physical sidewalk. Eileen Barrett, a resident on Sunnyside Avenue, noted that the children have to walk in the street to get to school because the sidewalks are not plowed on Sunnyside and Melbourne. Bob Lynch of 24 Shelby Road noted that he is not in favor of a Bylaw requiring residents to plow the sidewalks. He also noted that DPW does a great job on the Barrows area. Pam Kelly of 87 Sunnyside Avenue indicated that homeowners need to be held responsible because it is a public safety issue. Tina Torman of 77 Sunnyside Avenue noted that Melbourne Street is a treacherous situation with cars parked on the street and sidewalks not plowed. The Town Manager noted that the Town plows on Prescott,and Summer and the residents could walk on those routes. The routes need to be re-evaluated. A motion by Cummings seconded by Wood to close the hearing on consideration of requiring properly owners to DIOW sidewalks abutting their property was approved by a vote of 5=0-0. A motion by Wood seconded by Anthony to place an Article on the Warrant requiring landowners of all commercial and industrial lands abutting a sidewalk to plow their own snow failed by a vote of 0-5-0. Board of Selectmen Meeting—January 6, 2004—Page 5 Selectman Camille Anthony asked if the mission was to cut expenses or make sidewalks more passable. The Town Manager indicated that it was to make sidewalks more passable throughout the community, and noted that the Selectmen have the discretion over naming certain roads to plow; i.e., Main Street. Selectman Matthew Cummings noted that it is physically impossible to shovel in some areas and Reading is not an ambulatory Town. Wood moved and Cummings seconded to place an Article on the Warrant requiring all property owners who abut a sidewalk to clear it of snow. A motion by Hines seconded by Schubert to table the motion and ask the Town Manager to refine and deal with some of the issues was approved by a vote of 3-2-0,with Cummings and Wood opposed. Hearing—Sunday Liquor Store Qpening—The Secretary read the hearing notice. Town Counsel Joan Langsam was present. Chairman George Hines noted that the State recently changed the laws regarding liquor stores being allowed to open on Sundays. The State has left the decision to the discretion of the Licensing Authority. Town Counsel Joan Langsam noted that if the Town chooses to allow package stores to open on Sunday, there are certain conditions that have to be met. The Selectmen can approve or disapprove, or the matter can go to Town Meeting and make the whole Town dry on Sundays. She also noted that stores have the option of closing one day a week and they need to disclose which day they close. The Selectmen can choose which day that they close. The applicant will need to fill out a new Form 43. Bob Lynch of Shelby Road noted that he is in favor of this because he feels the storeowners need the money. The Town Manager noted that he spoke with all of the package store owners and they do not all embrace but would like the ability to do it. A motion by Cummings seconded by Anthony to close the hearing on Sunday liquor store openings was approved by a vote of 5-0-0. A motion by Wood seconded by Cummings to hereby permit those existing licensees, licensed pursuant to M.G.L. c. 138, §15-by the Town of Reading, to sell liquor on Sunday pursuant to the following conditions: 1. No sales inay be made prior to Noon on Sunday; 2. No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday; 3. Employees must be paid for working on Sunday at a rate not less than 1%Z of the employees' regular rate; 4. No employee may be required to work on a Sunday; refusal to work on a Sunday is not grounds for discrimination,dismissal, discharge, deduction of hours or any other penalty; Board of Selectmen Meeting—January 6 2004—Page 6 5. If a Section 15 licensee intends to close one day per week except Sundays,such licensee must notify the Licensing Authority of such licensee's intended hours of i operation. was approved by a vote of 5-0-0. Discussion on Refurbishment of Imagination Station — The Town Manager noted that the two major 'issues with Imagination Station is that the material underneath it does not meet standards, and the material it is built on doesn't meet standards. He suggests that the Selectmen delegate to the Recreation Committee for them to establish a process and bring it back to the Board of Selectmen. The approximate cost to rebuild Imagination Station is $75,000. Chairman George Hines indicated that he felt this was not in the purview of the Recreation Committee. Selectman Matthew Cummings asked who inspects the playgrounds, and noted there is a need to understand the condition of all the playgrounds. The Town Manager noted that the Recreation Administrator inspects them on a monthly basis and has a capital program to replace smaller playgrounds. Selectman Gail Wood suggested rebuilding Imagination Station in stages. The Board directed the Town Manager to come back with an assessment of each playground, look outside for what it will take to repair Imagination Station, and the total capital needs of the parks. Gasoline Station Licensing — Proposal — Town Counsel Yvonne Gonzalez was present. The Town Manager noted that a Bylaw has been drafted for the Annual Town Meeting Warrant. Town Counsel Yvonne Gonzalez noted that Chapter 148 of the Massachusetts General laws gives the Town authority to license facilities that keep gasoline and flaimmables. The Town can adopt a Bylaw to further regulate. The purpose of using the authority is to prevent fire hazards and environmental damage to protect the health, safety and welfare of the residents. She also noted that the license runs forever now unless revoked, so she recommends a specified timeframe. The Fire Department has the authority to regulate for fire protection but doesn't have the authority to properly regulate. She also noted that the Board can also regulate explosive,but crude oil is the more critical right now. The Town Manager noted that the Fire Department issues permits every five years.. The new Bylaw would allow the Fire Department to permit annually and the Selectmen every five years. The consensus of the Board of Selectmen was to put an Article on the Annual Town Meeting Warrant with the Selectmen keeping the authority with enforcement by the Board of Selectmen through the Fire Department. Board of Selectmen Meeting—January 6, 2004—Page 7 Review Draft Warrant—Annual Town Meeting—The Town Manager reviewed the draft Articles for the Annual Town Meeting Warrant. The Board directed the Town Manager to schedule a site visit of Article 10 -the Franklin Street sidewalks. The Town Manager noted that Article 14 is regarding active duty members in the armed services. Selectman Matthew Cummings noted that he is not predisposed to do this because it will increase the budget. He perceives problems and pressure in the future and it cannot be revoked. He also noted that this is not about one person but could be 20 people tomorrow. A motion by.Cummings seconded by Anthony to strike Article 14 from the Annual Town Meeting Warrant failed by a vote of 2-3-0, with. Anthony, Hines and Schubert opposed. The Board directed the Town Manager to find out if other Towns have adopted this and the estimated cost per case. Approval of Minutes , A motion by Cummings seconded by Wood to approve the minutes of December 9, 2003 was approved by a vote of 5-0-0. A motion by Cummings seconded by Schubert to approve the minutes of December 16, 2003, as amended, was approved by a vote of 5-0-0. A motion by Wood seconded by Cummings to adjourn the meeting of January 63 2004 at 11:00 p.m.was approved by a vote of 5-0-0. Respectfully submitted, Secretary