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HomeMy WebLinkAbout2004-04-13 Board of Selectmen Minutes Board of Selectmen Meeting April 13, 2004 The meeting convened at 7:30 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, Housing Authority Executive Director Lyn Whyte, Town Manager Peter Hechenbleilmer, Paula Schena and the following list of interested parties: Sally Hoyt, Larry Laspesa, Merry Beth Rucker, Tim Kelly, John Coote,Bill Griset, Carole and John Scrima,Tom Ryan, Susan DeMatteo, Personnel and Appointments Council on Ajaim—The Board interviewed Sally Hoyt, Carole Scrima and John Scrima for two positions on the Council on Aging. Wood moved and Schubert seconded to place the following names into nomination for two positions on the Council on Aging with terms expiring June 30, 2004: Sally M. Hoyt, Carole N. Scrima, and John Scrima. Mrs. Hoyt and Mrs. Scrima each received five votes and were appointed. Discussion/Action Items Appeal by Hopice from Trash Rules and Regulations — The Town Manager noted that the Hospice House on Haverhill Street received CPDC approval. The Town has been picking up j their rubbish from the beginning but it is a violation of the Rubbish Rules and Regulations. The code on the building permit application is institutional, not residential. He also noted that the institution use probably has something to do with sprinklers and the number of egresses. The Town Manager noted that the Town picks up rubbish for group homes. Merry Beth Rucker, CEO of the Visiting Nurses Association and Larry Laspesa, CEO of Hospice were present. Mr. Laspesa noted that he received a phone call from the Town stating that they won't pick up the trash. He indicated that Hospice had to pay$10,000 for an electrical transformer because they were told they were residential. He also noted that this is a home that people live in, they don't generate a lot of trash, and they take care of disposing of the needles that they generate. Selectman Gail Wood noted that volume is not an issue, the issue is whether it is a residence. Mr. Laspesa noted that he was specifically told by the Town that they were residential so they had to pay for their own electrical lines and transformer. Now the Town states that they are not residential. Selectman Wood also noted that the Reading Municipal Light Department uses the size of the building to determine whether it is residential or commercial. Chairman George Hines noted that this is almost the same thing as a group home and it fits right into support for the elders. He asked if Hospice was required to put sprinklers in the home. Ms. Rucker indicated that the State did not require it but the Town did. Board of Selectmen Meeting April 13, 2004—Page 2 Vice Chairman Richard Schubert noted that this is a very important community service and it is a _ small trade off for the Town. A motion by Schubert seconded by to waive the provisions of Section 5.6 of the Rubbish Collection Rules and Regulations providing collection of household rubbish to "single family and two- and three-family attached residences" to provide collection to the Hospice House at 320 Haverhill Street was approved by a vote of 5-0-0 Review Town Meeting Warrant — Article 17 RHA Land Swap — Housing Authority Executive Director Lyn White and Housing Authority Member John Coote were present. The Town Manager noted that the Housing Authority met last week with neighbors and everyone prefers the current plan with the land swap. Density was the biggest concern with the neighbors. Selectman Gail Wood noted that density and parking were the biggest issues. She also noted that residents like the idea of saving the house, and density is an issue because it is the Downtown area and everything is close by. Chairman George Hines asked how many designated parking spaces there will be in the municipal parking lot. John Coote indicated 11 spaces or 2 per unit. Chairman Hines also asked if there is an impact to the Town parking spaces, and the Town Manager indicated that there was not. Chairman George Hines noted that the neighbor with the parking problem wants to purchase a strip of land for parking, and Lyn Whyte noted that she will discuss that further with Mr. Bogaert. A motion by Wood seconded by Anthony to recommend the subject matter of Article 17 was approved by a vote of 5-0-0. Discussion of Town Counsel Review Committee Rem — Town Counsel Review Committee Members Tom Ryan,Bill Grisett and Susan DeMatteo were present. Chairman George Hines noted that Rob Spadafora called and indicated that he would not be here 'tonight because he had a death in the family but that the School Committee is happy with the Committee's choice. Vice Chairman Richard Schubert noted that the Town Counsel Review Committee consisted of himself, Camille.Anthony, Tom Ryan, Rob Spadafora, Bill Grisett and Susan DeMatteo. They sent out RFP's, put together a survey to solicit feedback, and received six proposals. The Committee reviewed the surveys and the indication was that there is satisfaction with current Town Counsel from most users. He also noted that the Committee interviewed Kopelman & Paige and Brackett & Lucas. The committee feels that Brackett & Lucas does a good job, and has a good relationship with staff and Boards, Committees and Commissions. Board of Selectmen Meeting=April 13,2004—Page 3 Vice Chairman Richard Schubert noted that the Committee recommends unanimously staying with Brackett & Lucas and suggest an annual review for feedback. The Cormmittee also recommends bidding every five years instead of three years. Susan DeMatteo noted that the Committee received a lot of the surveys back and that was a big help. She also noted that they didn't get many proposals but that Brackett&Lucas are experts in the field and they are a small firm. Chairman George Hines indicated that some of the surveys indicate concerns regarding timely response. He feels that when a Selectman calls, that should indicate a priority response. He also feels that some of the decisions have been rather vague. He suggested sharing the surveys with Brackett & Lucas and feels that an annual review is essential. He noted that he has had a problem with their timeliness and he hasn't seen an improvement. Bill Grisett suggested doing a summary of the surveys instead of sending the surveys with names on them. Tom Ryan noted that the Selectman's survey was the only bad report, everyone else had glowing reports. He noted that Eleanor Doucette is working with the Assessors and one recent case worked out to our benefit. Selectman George Hines corrected Tom Ryan and indicated that there was a non-Selectman respondent who commented that they did not get a timely response. A motion by Schubert seconded by Anthony to rea0point Brackett &* Lucas as Town Counsel from June 30, 2004 to June 30, 2007 with re-evaluation or extension being considered at that time was approved by a vote of 4-1-0,with Hines opposed. BOS Policy—Article 3—Licenses—The Town Manager indicated that there is a revised Article 3 in the handout. He noted that Section 3.1 delegates to the Town Manager the authority to issue certain licenses. He asked if the Board wanted to continue that procedure, and the consensus was to continue as long as the license is copied in the Selectmen's packet. The Town Manager noted that he added a paragraph in Section 3.2 that requires licensees to maintain their properties. Vice Chairman Richard Schubert asked if we can legally revoke their license for failure to do this. The Town Manager indicated that he would check with Town Counsel. He suggested perhaps putting a condition on the license indicating that it would be revoked by due process. The Town Manager noted that the fees will have to be readopted. He asked if the Selectmen were interested in expanding the Beer and Wine Licenses to include cordials, and the consensus of the Board was not to include cordials in the Beer and Wine License because it is available under a fall liquor license. The Town Manager noted that currently there are no requirements on a one-day liquor license and suggested that the Board develop regulations for this that is consistent with the other licenses. Board of Selectmen Meeting=A 13, 2004—Page 4 The Town Manager noted that in Section 3.4, he added Paragraph 14 requiring proof of workers comp insurance and proof of a bond. There was discussion among the Board regarding issuance of Entertainment Licenses. The Town Manager noted that the VFW had live entertainment and he,revoked their license due to noise problems. Chairman George Hines questioned why an Entertainment License was needed for a television and directed the Town Manager to find out if televisions can be excluded. In Section 3.5.4.9, the Town Manager has added a sentence indicating that it is unlawful for a taxi company not licensed by the Town of Reading to have "Reading" in its name. He is checking with Town Counsel to see if this is okay. The Town Manager also noted that the taxi fares have not been changed in 10 years. The Town Manager noted that the Common Victualler's Licenses prohibit brown bagging but there are no other regulations on them. He will draft regulations for the Common Victualler Licenses and Entertainment Licenses. BOS Policy — Article 4 Parking and Transportation — The Town Manager suggests moving Section 4.1 to Article 2 — Volunteers. He also suggests moving Section 4.2 and 4.3 to the Personnel section of the Selectmen's Policies. Memorial Day—The Board discussed assignment of Memorial Day speakers. Chairman George Hines will be at Laurel Hill, Vice Chairman Rick Schubert or Selectman Camille Anthony will take Forest Glen, Selectman Gail Wood will take Charles Lawn, and Selectman Joseph Duffy will take Wood End. A motion by Anthony seconded by Wood to adjourn their meeting of April 13, 2004 at 10:10 p.m.was approved by a vote of 5-0-0. Respectfully submitted, Secretary