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HomeMy WebLinkAbout2004-03-30 Board of Selectmen Minutes Board of Selectmen Meeting March 30, 2004 The meeting convened at 7:32 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 Joseph Duffy, Town Counsel Joan Langsam, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Lorraine Salter, Bernie Winne, Patrick Fennelly, Will Finch, Doug Greene, Natalie Goodale, Paul Feely, Frank Driscoll, Paul Sweeney, Mike Sheedy, Dave Sample,Dennis DeBenedetto, David Gray, Claire Bolger,Rich Schaffer, Dennis Lucyniak, Kate Kaminer, Nancy-Linn Swain, Mary Ann Kozlowski, Chris Campbell, Deb Capobianco, Mark Ford, Carol McLaughlin, Tony Torra. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Richard Schubert noted that he attended the Spelling Bee. Selectman Camille Anthony noted that she attended the Spelling Bee. She also noted that the next issue of"Your Community Connection"is being mailed out this week. Selectman Gail Wood noted that the Water, Sewer and Storm Water Management Advisory Committee is meeting regarding how to pay for the Storm Water Management. The Solid Waste Advisory Committee is trying to refocus on other things. Chairman George Hines noted that the Reading Ice Arena Authority's Treasurer Peter Wright has resigned. David Hunter is the new Treasurer. There has been a minor slippage in rentals and the Authority has had discussions about adding a second sheet of ice. Chairman Hines also noted that the Charter Review Committee met last week, and there will be a few changes and a number of housekeeping articles. He indicated that the new sidewalk plow is overrunning the tree lawns tearing them up, and the Town Manager noted that was because the ground started to thaw. Public Comment—Bill Brown noted that he attended the 5b Grade Town Meeting and it was a great event. Deb Capobianco of 20 George Street noted that she lives adjacent to the George Street project and it is close to closure. She noted that the ZBA revised the plan showing access from Curtis Street and egress from George Street. The Board of Selectmen voted to forward the Minutes -of their meeting to the ZBA--there seems to be some confusion and clarification is needed. She is working on a 40 day timeline. Selectman Camille Anthony noted that the Capobianco's have a settlement with the developer to have access on Curtis Street plus holding the developer to 10 units. Board of Selectmen Meeting—March 30, 2004—Page 2 Vice Chairman Richard Schubert noted that he attended the ZBA Meeting and tried to express the Board of Selectmen's concerns but it's not the Selectmen's project. Selectman Joseph Duffy noted that the Capobianco's wouldn't mind access if the driveway was straightened out, and Deb Capobianco indicated that was right but there is another piece of property involved. The Board directed the Town Manager to put this on their next Agenda. Town Manner's Report The Town Manager gave the following report: * Please note that the RMLD Board of Commissioners Rate Subcommittee Meeting for tomorrow, Tuesday, March 23rd at 3:00 p.m. is canceled. Also, on the RMLD Board agenda, the Cost of Service Study will not take place at the Regular Session of the RMLD Board of Commissioners' Meeting on Tuesday,March 23rd. ♦ George Hines is the Board of Selectmen designee to a Committee created to assist the School Committee in naming the new elementary school. The Board of Selectmen has received an e-mail from Mr. Hines with the proposed names and selection criteria. Board members may direct any comments to Mr. Hines. ♦ The 5t"grades at Joshua Eaton and Birch Meadow Schools are having a"5th Grade Town Meeting"on March 26th. I will be participating as will Town Moderator Alan Foulds. * The Salem Street LIP has received DHCD approval. We have also gotten the traffic study as required by the Board of Selectmen, and a traffic signal at Salem and Bay State Road does not meet any of the warrants. The study did recommend improve- ment to the line striping at the intersection. ♦ We are starting our efforts to inform violators of the heavy exclusion restriction on West Street. This will continue for the remainder of this week. On Monday,we will begin enforcement with citations. * Downtown progress --The"right of entry"forms are being prepared to be distributed to the approximately 60 property owners in the Downtown area. I have had discussions with the Light Department on how the street lighting in Downtown will be paid for and managed. I have suggested to Senator Tisei's Office that this project be funded with additional moneys in the upcoming Transportation Bond Bill. * Progress on Summit Village Drainage--The CPDC voted to move forward to take the performance bond so we can get this work done. ♦ The Town has received notice on its earnings distribution from the RMLD which will increase 3.77% from last year. ♦ The Town has received notice that our Summer Avenue project has been approved Under the"Footprints Roads Program." There is still work to be done on getting this project through the TIP and getting it designed. Meanwhile, Summer Avenue is drive- able. * A neighborhood meeting on the 75 Pleasant Street project for the Reading Housing Authority is scheduled for April 8. ♦ The CPDC and the Master Plan Advisory Committee is meeting on April 14th to "pull it all together"from the previous visioning sessions. Board of Selectmen Meeting—March 30,2004—Page 3 Personnel and Appointments Town Accountant— Chairman George Hines indicated that the Town Accountant was unable to be present. A motion by Anthony seconded by Wood to appoint Richard Foley as the Town Accountant with a term expiring March 31,2005 was approved by a vote of 5-0-0. Discussion/Action Items Hearing — Board of Selectmen Policy, Article 2, Volunteers — The Secretary read the hearing notice. The Town Manager reviewed the changes to the policy. He noted that the section on the Housing Partnership has been eliminated. Guidelines have been established for behavior.- There was a consensus of the Board that Section 1 should be given to new appointees. Selectman Gail Wood suggested that the wording in 4a, #14 and 4a, #15 and any other committees that have the wording should be changed from "shall select a Chairman" to "may select a Chairman." That change was okay with the rest of the Board. A motion by Anthony seconded by Schubert to close the hearing on the Board of Selectmen Policy,Article 2 was approved by a vote of 5-0-0. A motion by Schubert seconded by Wood to approve the Board of Selectmen Policy,Article 2, as amended,was approved by a vote of 5-0-0. Meet with Recreation Committee — Bernie Winne, Chairman of the Recreation Committee and Members Chris Campbell, Lorraine Salter, Kate Kaminer, Nancy-Linn Swain, Mary Ann Kozlowski, Patrick Fennelly and Claire Bolger were present. Chairman George Hines noted that the Recreation Committee has concerns regarding the responsibilities of the Committee. He also noted that the Board of Selectmen sometimes delegate their role to the Recreation Committee and Recreation Administrator. The Town Manager noted that the main issue is field crunch problem due to restrictions at Memorial Park and the High School project. Bernie Winne noted that the beginning of the High School project will take away field space and will displace practice time for 46 teams. He also noted that there are two solutions. Solution 1 is to loosen Memorial Park restrictions, and solution 2 would be to waive Sunday morning restrictions for one year and re-evaluate. Selectman Gail Wood asked if the Committee was looking for a waiver for games or practices. Bernie Winne indicated mostly practice but they might need it for games if weather is an issue. Board of Selectmen Meeting—March 30, 2004-Page 4 Selectman Gail Wood noted that she is more amendable for practices instead of games because it would be easier to explain to the neighbors. She indicated that if a game gets rained out,just don't reschedule. Vice Chairman Richard Schubert indicated that he felt it was reasonable to limit the use for just practices. The Town Manager noted that the Sunday waiver is only for the Spring season only. The Board discussed the issue of which fields Sunday use would be waived and after much discussion, it was the consensus of the Board that there would be no exemptions. A motion by Wood seconded by Anthony to make the fields available on Sunday mornings for practice with no practices beginning earlier than 9:00 a.m. for a one year trial was approved by a vote of 5-0-0. Discussion — Memorial Park — Resolution to Use Issues — Bernie Winne noted that there are ways to curtail the problems and still use the fields. He also noted that they need to be more cautious of demographics. They will move T-Ball because there is a large number of parents who stay with the younger children. He suggested working with the neighbors to come up with a solution. Selectman Gail Wood indicated that she had no sympathy on this issue. She noted that 8 teams of 13 children equals 104 kids and 50 cars coming and going in that area is a lot. Parking will be worse. She likes the idea of a working group and feels that even six teams practicing at one time are too many. Chairman George Hines asked the Board to consider allowing more than one team at a time. Town Counsel Joan Langsam indicated that the Deed restricts games, not the number of practices. She recommends petitioning the Court for a cy pres which is used when circumstances change or are no longer viable. Selectman Joseph Duffy asked how long it would take to get an answer from the Court, and Joan Langsam indicated that it would not be a high priority for the Court so it would take one to two years. The Town Manager indicated that the issues have to be put to rest permanently. He proposes a working group to come to an agreement of what we bring to Court. Mark Ford noted that a fund should be started to purchase more land for recreation. He feels it is not right to increase the use of the park when it is going to probate court. A motion by Anthony seconded by Schubert to set the practice usage at a maximum of four practice teams at one time failed by a vote of 2-3-0, with Wood, Hines and Schubert opposed, Board of Selectmen Meeting—March 30, 2004—Page 5 A motion by Wood seconded by Anthony to form an Ad Hoc Committee consisting of Recreation Committee member(s), neighborhood representatives and Selectmen representatives to develop an agreement on future uses of Memorial Park; and then, with further approval from the Board of Selectmen, to authorize Town Counsel to file a petition with the probate court for a petition of gy pres relative to the uses of Memorial Park was approved by a vote of 5-0-0. Review Town Meeting-Warrant— The Town Manager noted that Article 16 is a petition Article regarding hunting. Carol McLaughlin is the petitioner. The Town Manager noted that the whole issue started when a hunter fell out of a tree and the EMT's responded. Residents were not aware that hunting was permitted so the Town put up signs at Cedar Swamp and Bare Meadow. Carol McLaughlin noted that this is an important issue that the public should vote on. She indicated that two people were going to take some Scouts to Bare Meadow until they found out that hunting takes place there. She also noted that when you are in the middle of Bare Meadow, there is no way to know if you are 500 feet from homes. She indicated that some hunters are not following all of the rules, and she went on to talk about the deer population and car accidents. Will Finch, a Conservation Commission Member, noted that there are other uses, aside from hunting, for bows and arrows; i.e., archery classes. He also noted this is a cumbersome change to the Bylaw, and there has never been an accident so it is not a safety issue. Chairman George Hines asked when the hunting season is, and Conservation Commission Chairman Doug Greene indicated that it is from mid-October to the end of December. Chairman Hines noted that he doesn't want folks to be scared of using the facilities. Will Finch noted that hunting is only allowed in the marsh area of Bare Meadow, not near the trails. Doug Greene noted that hunting is allowed on private land to6. He also noted that the State does patrol--they arrested 40-50 people hunting on the National Guard property. Tony Torra noted that he has been hunting since he was 12 years old. He is a certified instructor for the State of Massachusetts. He also noted that Sudbury, Nantucket and the Quawbin have brought back hunting, and the National Wildlife Refuges are paid for by hunters. The Parker River is closed to non-hunters during hunting season, and there is no science or facts to support the change. The Town Manager continued to review the remainder of the Warrant. Selectman Gail Wood noted that she has a problem with Article 14 because it does not include the housing allowance which is $1,000- $1,500 per month depending on rank. The Town Manager noted that he has added to the municipal budget an additional Engineer, a part-time GIS Coordinator and modules. The School made up the$200,000 from SPED. Board of Select-men Meeting—March 30,2004—Page 6 Selectman Gail Wood asked if the new positions the School is adding will increase the benefits to the Town side of the budget. The Town Manager indicated that it would. Selectman Wood noted that the Finance Committee should charge back benefits to the School Department. Chairman George Hines noted that the previous Superintendent had sent a memo noting that certain positions had been upgraded so there was no need for a Business Manager and now they are asking for a Business Manager. A motion by Wood seconded by Anthony to recommend the subject matter of Article 5 was approved by a vote of 5-0-0. 1 A motion by Wood seconded by Anthony to recommend the subject matter of Article 7 was tabled by a vote of 5-0-0. A motion by Wood seconded by Schubert to recommend the subject matter of Article 9 was approved by a vote of 5-0-0. A motion by Wood seconded by Schubert to recommend the subject matter of Article 11 was approved by a vote of 4-0-1,with Hines abstaining. A motion by Wood seconded by Anthony to recommend the subject matter of Article 12 was approved by a vote of 5-0-0. A motion by Schubert seconded by Anthony to recommend the subject matter of Article 14 was approved by a vote of 4-1-0.with Wood opposed. A motion by Schubert seconded by Anthony to recommend the subject matter of Article 15 was approved by a vote of 5-0-0. A motion by Anthony seconded by Hines to recommend the subject matter of Article 18 was approved by vote of 3-2-0,with Duffy and Wood opposed. A motion by Anthony seconded by Schubert to recommend the subject matter of Article 19 for the municipal and building maintenance budget was approved by a vote of 5-0-0. Approval of Minutes A motion by Schubert seconded by Anthony to approve the minutes of February 26, 2004, as amended,was approved by a vote of 4-0-1,with Duffy abstaining_ A motion.by Wood seconded by Schubert to approve the minutes of March 9, 2004 was approved by a vote of 4-0-1.with Hines abstaining_ Board of Selectmen Meeting—March 30,2004—Page 7 A motion by Schubert seconded by Anthony to adjourn the meeting of March 30, 2004 at 11:00 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary i