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HomeMy WebLinkAbout2004-08-10 Board of Selectmen Minutes Board of Selectmen Meeting August 10, 2004 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 Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Human Resources Administrator Carol Roberts, Public Works Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Jean Clark, Patricia Andres, Joe Brown, .Phil Riley, Lynne Cassinari, Leo Sarazen, Melissa Russell, Fran Sansalone, Louise Rose, Lynel Rinklin. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman George Hines congratulated Brian Cote for writinga, letter requesting a sidewalk. He attended a meeting with the architects regarding the design of the Water Treatment Plant. The meeting went well and they suggested a "T" shaped building with reduced square footage and a reduced cost of $130,000. Selectman Hines noted that the Northshore Planning Council is being hosted in Reading tomorrow, and also noted that he received complaints regarding 211 Main Street. Vice Chairman Camille Anthony noted that she attended the Audit Committee Meeting and the audit should be done by the end of September: Ambulance billing and accounts receivable need to be looked at and also the school projects need oversight. She also noted that Jim Francis, the Chairman of the Finance Committee, asked what the Trust Fund Commissioners were investing in, and what the Selectmen's role is in awarding contracts. She noted that the Selectmen have the authority to make expenditures by Charter. The Town Manager noted that if an urgent care facility meets the wishes of the donors, then we have to do that. Selectman George Hines noted that the Selectmen have a role in determining whether an urgent care facility meets the wishes of the donors. The Chairman of the Board of Selectmen has always participated in the Trust Fund Commissioner meetings. He feels that the Trust Fund Commissioners have done an excellent job, and also noted that they are appointed by the Board of Selectmen. Town Manager's Report The Town Manager gave the following report: o Letter from the Board of Selectmen acknowledging the application for financing of the Archstone project on West Street and expressing no objection. Board of Selectmen action required. o Hearing tomorrow on the appeal of Board of Selectmen's denial of Package Store License— I 2-4 West Street. Board of Selectmen Meeting—August 10, 2004—Page 2 + Petroleum Storage Bylaw has been approved by the Attorney General. We will need to start the process of registration etc. + There are a number of other traffic issues besides those on the agenda this evening that we need to consider: + Speed limits on South Street—We just got the recommendation in from MMD —Hearing o August 24'. + One way around the island at the end of Sunset Rock Lane. 4 The Town Manager reported on 211 Main Street. He indicated that the Zoning Board of Appeals granted variances for 211 Main Street, and the major problem is the majority of work has not been done and the property is a mess. * A draft policy establishing an ad hoc committee to review the viability of an urgent care facility is attached as follow-up to previous conversations with the Commissioners of Trust Funds. This is scheduled for hearing at your August 24th meeting. 4 On August 17th at 6:00 p.m., there will be a tour of the new school projects beginning at 6:00 p.m. We will meet at the Superintendent's Office, and this tour will be with the School Committee and the Finance Committee. 4 On August 18th, there will be a"Board Cutting" of the new Home Depot. The Lt. Governor will be present. * We have received our final MWRA assessment which is about$110,000 less than budgeted. * The Coolidge Middle School has won the 21't Century School of Distinction Award for Overall Excellence. There will a ceremony on September 28th from 5:00 Ail 8:00 p.m. + Reminder - September 22, 2004 — Board/Committee/Commission training at Coolidge Middle School—jointly with Stoneham, 7:00 p.m. 'til 8:30 p.m. Discussion/Action Items Hearing Heavy Vehicle Exclusion: Bancroft Avenue, Hanscom Avenue, Harvard Street, Hartshorn Street, Highland Street, Intervale Terrace, Puritan Road, Winthrop Avenue — The Secretary read the hearing notice. The Town Manager noted that the exclusion would be for vehicles over 21/2 tons. It would be on a temporary basis during the construction of the new High School. He indicated that the School Department has been cooperative in giving out directions but the Police cannot enforce it unless it is posted. Fran Sansalone of 72 Winthrop Avenue suggested that the truckload could be dispersed over a wider area so the roads wouldn't get torn up. The Town Manager noted that the routes they will be using are made for heavier vehicles. Leo Sarazen of 51 Winthrop Avenue noted that a piece of his street was just repaved and won't take the abuse of trucks. He also noted that there are a lot of children in the area and asked how it would be enforced. The Town Manager noted that signs will be posted. The Police will patrol periodically and residents can get the name of the company and we will call them. Pat Andres of 23 Intervale Terrace asked about the tonnage of school buses. The Town Manager indicated that school buses cannot be prohibited. Ms. Andres noted that all of the school buses use Intervale Terrace, and she would like to see the speed limit enforced. Board of Selectmen Meeting—August 10, 2004—Page_3 Joe Brown of 88 Hanscom Avenue noted that he is a retired Traffic Inspector from the State, and moving the problem from one area to another doesn't eliminate the problem. Jean Clark of 185 Lowell Street noted that the trucks that are excluded from West Street are using Lowell Street now. A motion by Wood seconded by Hines to close the hearing for heave vehicle exclusion was approved by a vote of 4-0-0. A motion by Hines seconded by Wood to delegate authority to the Town Manager to temporarily regulate heave vehicle exclusion on certain streets was approved by a vote of 4-0-0. Close Warrant for State Primary — A motion bX Wood seconded by Hines to close the Warrant for the State Primary Election to take place on September 14, 2004 from 7:00 a.m. to 8.00 p.m. at the Addison/WesloSongman, 1 Jacob Way, Reading was approved by a vote of 4-0-0. Review Charter Amendments — The Town Manager noted that the Selectmen will determine what Charter changes goes on the Warrant. Town Meeting will vote, then a copy of the Charter will be mailed to every household, and then it will go on the ballot. The Town Manager noted that Article 1 has no changes. The Town Manager noted that in Article 2 on Page 4, it was the intent to provide that to be elected to Town Meeting as a write-in candidate, you need 10 votes. Town Counsel stated that needs to be determined by a Charter Commission so it will be taken out. Section 2-8 will allow for the Town Moderator to swear in Town Meeting Members and Town Officers. Section 2-11 changes the word"inhabitant"to "person." Section 2-12 provides that Town Meeting cannot establish a standing committee by having only one person making the appointments to that committee. Selectman Gail Wood noted that members need terms with expiration dates. The Town Manager noted that Section 2-12 also establishes a Bylaw Committee Appointment Committee Selectman George Hines indicated that the grammar changes that have been made need to be reviewed by Town Counsel because a comma in the wrong place can change the meaning entirely. A motion by Wood seconded by Hines to support the changes in Article 2 with the addition of term limits for standing committees was approved by a vote of 4-0-0. Board of Selectmen Meeting`August 10, 2004—Page 4 Selectman George Hines indicated that he had 'concerns regarding changing the maximum number of signatures for a petition Article from 100 signatures to 10 signatures for the Subsequent Town Meeting in Section 2-13. A motion by Hines seconded by Wood to delete the changes in Section 2-13 failed by a vote of 2-0-0. In Article 3, the Town Manager noted that the last paragraph in Section 3-1 will be removed. In Section 3-2,the Insurance Committee is being removed. .In Section 3-4, we are clarifying that bequests for the Library are administered by the Library Board of Trustees. In Section 3-5, we are adding that the Reading Municipal Light Board has to approve payments above the sealed bid procedures level. A motion by Wood seconded by Hines to support Article 3 as proposed was approved by a vote of 4-0-0. In Article 4, the Town Manager noted that the major change is in Section 4-4 where the ZBA is changing to a five member Board with two Associates. Vice Chairman Camille Anthony asked if the ZBA supports this, and the Town Manager indicated that he will forward this to the ZBA for their comments. In Section 4-7, the Commissioner of Trust Funds will go back to a five members body with the addition of a Selectmen and the Treasurer/Collector as a full voting member ex officio. In Section 4-10, the Insurance Committee is eliminated. A section requiring residency is added and elected Boards can create Ad Hoe Committees but not be required to go through the appointment process. A motion by Wood seconded by Hines to support Article 4 as presented was approved by a vote of 4-0-0. In Article 5, the Town Manager noted that in Section 5-1 we are striking the word "contract" and changing it to "agreement." Vice Chairman Camille Anthony asked about the change in Section 5-5 regarding severance pay being changed from three months to 12 months. Selectman George Hines noted that some communities may have a long serving Town Manager and may want to give more than three months severance pay. He also noted that the severance pay"goes up to" 12 months. Selectman Gail Wood noted that the Superintendent gets this and she doesn't agree so she doesn't agree with this. Vice Chairman Camille Anthony noted that the language says "shall" receive. The Town Manager noted that the way it is written now, the Town of Reading owes the Town Manager three months severance pay if he gives a 60 day notice. The change will state"up to 12 months as determined by the Board of Selectmen." Board of Selectmen Meeting—August 10,2004—Page 5 A motion by Wood seconded by Hines to support Article 5 as presented was approved by a vote of 4-0-0. In Article 6, the Town Manager noted that they tried to simplify Article 6 by creating departments, agencies and offices. Vice Chairman Camille Anthony noted that in Section 6-3, the DPW is not responsible for the maintenance of the grounds for the School Department. The Town Manager noted that there was much discussion about this, and it was decided to leave it in and put in a separate maintenance budget in Section 7-10. The Town Manager noted that the Cemetery Department has been add6d to the Department of Public Works. A motion by Wood seconded by Hines to support Article 6 as presented was approved by a vote of 4-0-0. In Article 7,the Town Manager noted that Section 7-10 has been added. A motion by Wood seconded by Hines to support Article 7 as presented was approved by a vote of 4-0-0. In Article 8, the Town Manager noted that the definitions were put in alphabetical order and ex officio was defined. In Section 8-11, they took out the wording on ballot position. 'Section 8-12 has been clarified and they took out the 28 day waiting period. Selectman George Hines noted that the 28 day waiting period originally gave the Board time to rescind, and he suggests it be changed to 14 days. Selectman Gail Wood noted that the 28 days is from the posting,not the appointment and she would rather get it done. A motion by Wood seconded by Hines to support Article 8 as presented was approved by a vote of 4-0-0. A motion by Hines seconded by Wood to retain the last sentence in Section 8-12 failed by a vote of 2-2-0. In Article 9, the Town Manager noted there are no changes to Article 9. Town Counsel suggests keeping this section for historical purposes. Review comparison of Benefits of Activated Military Personnel — Human Resources Administrator Carol Roberts was present. Carol Roberts reviewed the comparison of military benefits for Police Officer Michael Lee. She noted that the Town will pay the difference between military pay and Town base pay if necessary. She sent a letter home asking for information but hasn't received it back yet. Pension Board of Selectmen Meeting,—August 10,2004—Page 6 time accrued while he was on military leave and the Town paid the employees share. He did not lose his seniority. He was eligible for health and dental insurance through the military or keep the Town insurance through COBRA. Selectman George Hines asked if the insurance was comparable to ours, and Carol Roberts indicated she did not know. Selectman Hines noted that a family who goes into the service has to interrupt their relationship with their physician and go into TRICARE unless they want to pay through COBRA. The Town Manager indicated that if someone wants to provide for that in the future,we would have to adopt the law. Selectman Hines indicated that he would like to do that this Fall Town Meeting. Carol Roberts noted that Police Officer Lee's sick time, vacation time and floating holidays will be credited. Board of Selectmen Policy Article 4 Public Works — Public Works Director Ted McIntire was present.. The Town Manager noted that Section 4.1 delegates to the Director of Public Works the hearing and approval process for utility lines with appeal to the Town Manager. In Section 4.2,we are striking out Annual Town Meeting. In Section 4.4,they changed every third pole to every other pole. The Town Manager noted that Section 4.5 on curbs and sidewalks was initiated by the Selectmen because there was a hodgepodge going in. This establishes a concrete sidewalk area. Section 4.5.3 is on tree lawns. The Town Manager noted that sprinklers and utilities are becoming an issue. Ted McIntire noted.that the Rubbish Rules and Regulations are being reviewed by the Solid Waste Advisory Committee. The section on bulk waste will be changed to indicate that we don't do the free week anymore. The Town Manager noted that Section 4.9 Water Conservation Program is changing and making Stage 2 the standard of operation, and Stage 3 the Conservation Program. The Town Manager noted in Section 4.10, abatement of swimming pools, the issue is should the resident pay for water charges only or both water and sewer. The Town Manager suggests abatement at the current rate. Ted McIntire prefers not to offer it at all. Section 4.11 is on second water meters. Language is being eliminated. Vice Chairman Camille Anthony and Selectman Gail Wood suggested eliminating the whole section. Selectman George Hines indicated that it is better to keep it in indicating there are no second water meters. Board of Selectmen Meeting—August 10, 2004—Page 7 The Town Manager noted that Section 4.13 was moved from the Human Services section. The word"any"was added to Section 4.13.2, #4. Section 4.14, Use of the Common and the section on Custodian of Soldiers and Sailors Graves were moved from another section. A motion by Wood seconded by Hines to go into Executive Session for the purpose of labor negotiations and litigation not to come back into Open Session was approved on a roll can vote with all four members voting in the affirmative. Respectfully submitted, Secretary