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HomeMy WebLinkAbout2004-09-07 Board of Selectmen Minutes Board of Selectmen Meeting September 7, 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 Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph'Duffy and George Hines, Town Counsel Joan Langsam, Superintendent of Schools Pat Schettini, Conservation Administrator Frances Fink, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Jill DiCara, Paul Feely, Vibhas Paranj ape, Jean Humphrey, Dick Nazzaro, Michael and Carolyn Walsh, Lisa Beauregard, Patricia Beckman, Linda and Glenn Anthony, Daria Niewenhous,Mike, Carolyn and Wendy Fallica, Thomas Ryan, Virginia Adams, Pete Dahl, Clayton Jones, Attorney Chris Latham, Ann Piccini, Pete Smargon, Bruce Cerullo, Marcel Dubois, Richard Cohen, Gene Nigro,Phil Rushworth, Dom LaCava,Patrick Fennelly. Reports and Comments Selectmen's Liaison Reports and Comments—Selectman Gail Wood noted that the Water, Sewer and Storm Water Management Advisory Committee met and will be meeting with the Selectmen later this month regarding funding. Vice Chairman Camille Anthony asked what kind of landscape chemicals are being used in the Depot and Joshua Eaton area. She also asked if any of the Selectmen were interested in attending the Selectmen's Association Meeting in Hull on October 2nd. She noted that the budget process needs to be discussed before the Financial Forum on October 13th. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: ♦ Tuesday, September 14th, is State Primary Election Day. We will all be voting at Addison- Wesley. Every household where there is one or more registered voters received a notice of the polling location. Registration on the last day of registration for the Primary was heavy, thanks in part to that notice. George Hines reminded the Town Manager that the,motion was for the Selectmen to approve the traffic plan and the area for sign holding. o We have two applications for the one remaining Package Store Liquor License. A hearing needs to be conducted by October lst. Since there are two applications for one license, I would recommend that the two hearings be held the same evening. This would require a special meeting of the Board of Selectmen. The consensus of the Board was to meet on September 28,2004 at 8:00 p.m. o The DTE conducted its review of the "Quiet Zones" for whistle blowing of the railroad in Reading on August 30th. The MMA. has taken a lead in this process for a number of communities and, hopefully, Reading will be confirmed as a Quiet Zone. Board of Selectmen Meeting—September 7, 2004—Page 2 + At the Board's last meeting, we had "Goals and Mission Statement" on the agenda but did not get that far in the agenda. We need to reschedule this item —perhaps for a special one item meeting. + During the most recent Town Manager's evaluation by the Board of Selectmen, members mentioned that they wanted to set the Town Manager's salary prior to the budget being put together. We are ready to set up the budget process for FY 2006 so if that is the Board's intent,you should begin that process now. + Reminder: SMtember 22, 2004 — Boards/Committees/Commissions training at Coolidge Middle School,-jointly with Stoneham—7:0012.m. 'til 8:30 p.m. Proclamations/Certificates of Appreciation Proclamation — Coolidge 21't Century Award — A motion by Wood seconded by Hines to proclaim September 28, 2004 as Coolidge Middle School 21" Century Award Day was approved by a vote of 5-0-0. Personnel and Appointments Ad Hoc Committee for Memorial Park—The applicant was not present. Discussion/Action Items Hearing— One way, counterclockwise at the circle at the end of the cul-de-sac, and no parking, standing or stopping from the driveway at 47 Sunset Rock Lane during school hours. The Secretary read the hearing notice. The Town Manager noted that the signs are already posted. The Cataldo's from 46 Sunset Rock Lane are in favor of the regulations but they feel that the signs are up too high. The Town Manager will have DPW check. Some residents are asking for the regulations to be expanded further down the road. Superintendent of Schools Pat Schettini noted that there were issues with the Open House and they will be addressed. Home Goods has offered their parking lot for Open House and he is also looking at staggering Open Houses. Wendy Fallica of 52 Sunset Rock Lane indicted that she is in favor of no parking and strongly feels that the parking on one side is the 'best. She noted that ballards were supposed to be installed. The Town Manager noted that we are looking at putting in ballards at Roma Lane. Ms. Fallica also noted that footpaths are needed. Selectman Gail Wood noted that the walkway is not paved, and the Town Manager noted that it didn't meet ADA requirements, and the site is at the maximum for impervious surface. Glenn Anthony of 39 Sunset Rock Lane requested that the no parking be for during school activities also because there is a field there. Pat Schettini noted that he will inform renters of where to park. Daria Niewenhous of 25 Sunset Rock Lane noted that parking on one side is a good solution, and the police need to ticket those who violate. She also noted that the Garelick Farms delivery Board of Selectmen Meeting-September 7, 2004—Page 3 trucks are speeding on this street. She requested that the 20 mph be all of the time. The Town Manager noted that we would need approval from the State to make it 20 mph all of the time. School Committee Member Pete Dahl noted that he will send a letter to the contractors and vendors regarding speeding. A motion by Anthony seconded by Wood to close the hearing on parking regulations on Sunset Rock Lane was approved by a vote of 5-0-0. A motion by Anthony seconded by Wood to amend the Town of Reading Traffic Rules and Regulations to include the following_ Sunset Rock Lane o One way, counterclockwise of the circle at the end of the cul-de-sac. ♦ • No parking, standing or stopping from 20 feet south of the driveway at 47 Sunset Rock Lane to 20 feet south of the driveway at 40 Sunset Rock Lane during school hours .was approved by a vote of 5-0-0. Review Donation of Land from Greenhouse Acres for Conservation Purposes — The Town Manager noted that Greenhouse Acres has approached the Town to donate land to Conservation. Conservation Administrator Frances Fink noted that the Conservation restriction provides access to the general public and DPW. The Conservation restriction prohibits development. The title report indicates that there are three trustees. Only a trustee can convey but can't convey without a successor trustee. A Certificate of Compliance was issued by the Town but she doesn't know if the State issued a Certificate of Compliance. There is no mention of recording at the Registry of Deeds. Ms. Fink noted that there is a question as to whether it needs to go to Town Meeting because State law states that the Conservation Commission can accept land donations. Chairman Richard Schubert noted that the use is pretty much the same no matter who owns. He asked how much they pay in property taxes on the portion of land, and Ms. Fink noted that it was $200 per year. Selectman George Hines noted that he doesn't understand the benefits of taking this piece of land. Both Chairman Richard Schubert and Selectman Gail Wood noted that it would be a lot of work to transfer ownership. Dick Nazzaro, President of the Greenhouse Acres Association, noted that the Condo Association maintains the drainage. He also noted that they can issue a quick clean Deed if the Selectmen are interested. The cost to the Town would be the cost of passing papers. Board of Selectmen Meeting—September 7, 2004—Page 4 A motion by Bines seconded by Wood to indicate to Greenhouse Acres that the Town is not interested in acquiring was approved by a vote of 3-2-0, with Schubert and Anthony opposed. Review Proposed West Street Historic District—Chairman Clayton Jones noted that they will be meeting with CPDC next week to review the draft bylaw. The Massachusetts Historical Commission has approved the draft bylaw. Chairman Richard Schubert asked if there were any reasons why they couldn't wait until the Spring, and Mr. Jones indicated that the term of the Committee would have to be extended. Vice Chairman Camille Anthony indicated that it is more effective when the Selectmen hold hearings before putting an Article on the Warrant. Virginia Adams noted that they are using the timelines given to them, and the bylaw is written based on State law. Selectman Gail Wood noted that the Selectmen need to discuss what will be regulated. Selectman George Hines noted that the Selectmen have established a practice of holding hearings before Town Meeting and he suggests deferring action. Mr. Jones noted that Archstone is going in, and the Commission would like to have this approved before that. Selectman George Hines moved to indicate to the Massachusetts Historical Study Committee that the Selectmen are pleased with the preliminary report The motion was not seconded. The Town Manager noted that the Board cannot prejudge a hearing—that's whey we have them. Clayton Jones noted that they received no negative responses to the survey. The Town Manager noted he will add this to the Warrant. Review Draft Subsequent Town Meeting Warrant—The time being late, this was rescheduled for the next meeting. Request from YMCA for Subordination Agreement Attorney Chris Latham, Ann Piccini and Pete Smargon were present. The Town Manager noted that this is a way to refinance the YMCA. The Town had sold a strip of land to the YMCA and they need to subrogate on it. He has contacted Bruce Cerullo, President of the YMCA Board. Attorney Latham noted that they are looking for a subrogation of the Town's Deed restrictions. The YMCA is refinancing to enhance and grow, and the restrictions on the land are holding up the financing. Board of Selectmen Meeting—September 7,2004—Page 5 Vice Chairman Camille Anthony noted that she is a member of the YMCA, and asked if she needed to recuse herself. Town Counsel Joan Langsam indicated that she did not. Selectman George Hines asked why the Town kept an interest in this parcel. The Town Manager noted that it was a left over five foot strip of land and the intent was only for YMCA. Joan Langsam noted that the language states that anyone purchasing it would use it for educational purposes and be nonprofit. Selectman George Hines asked if the YMCA will transfer back to the Town when it is paid off. Joan Langsam noted that this is only good for this financing. Bruce Cerullo noted that the local Board was not aware of the specific action needed by the Board of Selectmen. The local Board is not against this but he requests that the Board be given some time to give the fall Board's opinions. They have no fiduciary power but would like time to give an opinion. Ann Piccini noted that their closing is on September 22nd and their target is September 10th. It they don't get the approval today, then the assessed value goes from $6 million to $0. Vice Chairman Camille Anthony asked if Reading wasn't in the mix, if the YMCA had other properties they could use. Ms. Piccini indicated that they could use Hyde Park. Vice Chairman Camille Anthony noted that the local Board has been wanting to do an addition but that has been put on hold. Bruce Cerullo noted that there is no expansion in the plan for the YMCA in Reading. Bruce Cerrulo asked Ms. Piccini if she doesn't get an answer by September 9"', then is it off.? Ms. Piccini noted that she would use other properties. If she knew the Selectmen were meeting again within the next couple of weeks, then she could put it on hold. Joan Langsam asked if the Reading YMCA was used as collateral previously. Ms. Piccini noted in 1998 -- $12 million based on the balance sheet and collateralized value. She also noted that the YMCA is looking to refinance for the Woburn and Roxbury facilities. Chairman Richard Schubert noted that he prefers to have more discussion on the issue so it will continue on September 21, 2004. Review Status of RCTV Agreement — RCTV Board Members Marcel Dubois, Richard Cohen, Gene Nigro and Tom Ryan, RCTV Executive Director Phil Rushworth and T-TAC Member Dom Lacava were present. The Town Manager noted that there is a draft agreement for review. The two Boards came to a consensus on issues. Board of Selectmen Meeting—September 7, 2004—Page 6 The Town Manager noted that Section 1 is the designation of RCTV. Section 2 is the agreement period that extends through the remainder of the franchise. Section 3 is the performance review. The Telecommunications and Technology Advisory Committee will do the technical review and then present that to both Boards together. Section 4 deals with the budget and audit. Section 5 deals with membership. If the Board has up to nine members,then the Town will have two. If the Board has up to 13 members, then the Town has three. If there are more than 13 members,then the Town has four. Selectman George Hines noted that he didn't like the method of appointment. The Town Manager noted that it is not a standing committee of the Town. Selectman Hines noted that they need to be responsible to somebody, and none of the options give the Town of Reading authority or control. If there is an issue with an appointee, the Board of Selectmen should be able to remove. The Town Manager noted that Section 5.4 deals with removal by appointing authority and whoever appoints should remove. Section 5.5 indicates that at no time can the majority of the RCTV Board be non-residents. Section 6.1 deals with assets and indicates that all assets of RCTV are the property of RCTV. They can trade-in equipment in order to upgrade. Section 6.2 deals with a separate accounting of trade-ins. Section 6.3 deals with assets acquired by donation. Section 6.4 indicates that if RCTV dissolves, all assets become the property of the Town within one month. Section 7 indicates the duty of RCTV to cover meetings. Section 8 deals with the Town's obligations. Section 9 deals with training and instruction. RCTV will offer and run not less than one training PEG course. Section 11 deals with the issue that they have to broadcast all programs at least once. Section 12 deals with insurance. Section 13 deals with indemnification. Board of Selectmen Meeting—Sgptember 7, 2004—Page 7 Section 14 deals with non-assignment. Chairman Richard Schubert noted that Section 8.1.7 indicates that the Selectmen will pursue additional fimding on a best eff6rt. The Town Manager noted that could be for grants that RCTV wouldn't be eligible to apply for. Selectman George Hines referred back to the membership section. He noted that it should specify that*if the Town has two, then the School Committee has one. If the Town has three, then the School Committee has one. If the Town has four, then the School Committee has two. There should also be a deadline for filling the 'vacancy. Tom Ryan noted that he felt a contract is a good idea but there is no accountability to the Town or members. On one occasion, he asked Executive Director Phil Rushworth what he and others were doing at the Studio after hours, and he questioned phone calls made on holidays and phone calls to North Carolina, San Francisco, Walt Disney and Senator Kennedy. When he asked questions, he was stonewalled and told it was none of his business. He is asking the Attorney General's Office to investigate. He requested the Selectmen to delay signing a contract with RCTV. Marcel Dubois noted that his main objective is to try to improve these things. He also noted that the Board tried to address Mr. Ryan's concerns but be walked out of the room. Selectman George Hines requested that Tom Ryan, as the Selectmen's appointee, try to resolve these issues with the RCTV Board, and report back to the'Board of Selectmen. Chairman Richard Schubert noted that the change in the RCTV Bylaw took away the Selectmen's appointee. Richard Cohen noted that Mr. Ryan is still the Selectmen's appointee. Tom Ryan noted that he already asked questions and was told it was none of his business. Selectman George Hines indicated that it was then the Selectmen's responsibility to go to the RCTV Board for answers. Richard Cohen noted that personal phone calls should not be made from the Studio, and the Board has asked the Executive Director to come up with a policy. Review Role of Recreation Committee on Park improvements—The Town Manager noted that a number of issues' have arisen regarding the Recreation Committee's role in changes or improvements to parks. Town Counsel looked at the Charter and the Recreation Committee does not have responsibility for public parks -- the Selectmen are the Park Commissioners. The Town Manager noted that there are three issues waiting to be put on the Recreation Committee agenda: The renovations of the snack shack and bathroom, a higher fence at the lighted softball field, and a permanent fence in the outfield at Morton Field. The Town Manager asked who should these items be presented to. The batting cages at Symonds Way was a surprise. There was no public process before making the decision of not allowing ice skating at Castine Field. Board of Selectmen Meeting—September 7, 2004—Page—8 Recreation Committee Chairman Patrick Fennelly noted that the Recreation Committee needs some direction from the Selectmen as to what they should be doing. He also noted that Hunt Playground came before the Recreation Committee. Selectman George Hines noted that the programming and scheduling is clearly defined. Capital improvements are the purview of the Board of Selectmen. The safety not is a maintenance issue that the Town Manager can.deal with. The Town Manager noted that capital items get approved and then dumped on the Recreation Administrator to go out to bid, etc. Selectman George Hines noted that Hunt Park should have come to the Selectmen because the scope affected the neighborhood. Selectman Gail Wood suggested that if it is beyond routine maintenance, it should come to the Selectmen with a recommendation from the Recreation Committee. Selectman'Hines noted that if it is coming to the Selectmen, then the Recreation Committee doesn't need to waste their time on it. Patrick Fennelly noted that the Recreation Committee reviewed the field fee, and he asked if they should be doing this. Chairman Richard Schubert indicated that they should. Vice Chairman Camille Anthony suggested that if it is a capital improvement or a change of use, then the Selectmen need to be involved. A motion by Hines seconded by Anthony to adjourn the meeting of September 7, 2004 at 11:50 p.m. was approved by a vote of 5-0-0. Respectfully submitted, 'Secretary