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HomeMy WebLinkAbout2004-11-09 Board of Selectmen Minutes Board of Selectmen Meeting November 9,2004 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 7:10 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 Manager Peter Hechenbleikner,Paula Schena and the following list of interested parties: Preston Lucas, Frank Driscoll, Margaret O'Sullivan, Davina Shuman, Phil Vaccaro, Pete Moscariello, Rick Shaffer, Dave Sadlow, Susan Miller, Paul Dustin, John Jarema. A motion by Anthony seconded by Duffy to go into Executive Session for the purpose of labor negotiations and strategy regarding litigation to come back into Open Session at approximately 7:30 p.m. was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at 7:40 p.m. Discussion/Action Items Report of Progress —Memorial Park Committee—Preston Lucas, member of the Memorial Park Study Committee,gave the following report: "Thank you for letting me update the Board with the progress of the ad hoc Memorial Park Use Review Committee. I would first like to recognize members of the Committee that were able to be present tonight: Margaret O'Sullivan — resident at large, Davina Shuman — a neighbor of Memorial Park, Frank Driscoll — Reading Youth Softball and Recreation Committee, our Chairwoman Gail Wood — representing the Board of Selectman. I am very proud with the progress of the Committee. Every member has added value by their important contributions with their ideas and questions. The Committee has met on four occasions (8/9, 9/13, 9/27 and 10/25), and is scheduled to meet four more times before we present the final report to the Board of Selectman at your December 14th meeting, well before your December 31"deadline. The Committee has completed 9 of the 13 activities outlined by the Board of Selectman in their charge to the Committee. ♦ We have reviewed, discussed and understand the scope of the Board of Selectmen's charge to the Committee. Board of Selectmen Meeting—November 9, 2004—Page 2 ♦ We have developed a project work plan and schedule and shared that document with the Board of Selectman at your September 21st meeting. ♦ We have reviewed and discussed, and discussed, and discussed the deed and the restrictions placed on Memorial Park. In trying to gain a better understanding of what was allowed by the donors while they were alive, Gail and Frank researched and shared with the Committee many Town of Reading Annual Reports from 1916- 1970. What came out of those reports was that Memorial Park was used a lot more than it is today. Another point from the Annual Reports was the building of an active, energetic, happy citizenship with the youth of the community. Examples of activities: 1921—Community Day Activities 1923 —Bon Fires and Fireworks 1925 —Baseball teams formed and played out of town teams 1930—Band.Stand set up 1931 —Hard tennis courts made 1932 —'Ice hockey games played at MP 1936—9 hole golf course 1938 —Park instructors worked on tennis, baseball and football at the Park 1943 —Doll shows and Kite Tournaments 1948—Softball games played with out of town team in the evenings in October. 1950—Talks of having a swimming pool 1956—Baseball played at Park 1964—All parks had baseball, softball, football leagues to play with other parks in Reading 1969—Boston Children's Theatre drew 1500 people ♦ We have met with Town Counsel (Joan Langsam) to discuss the process of cy pres and she explained how it related to Memorial Park. She stated that cy pres comes into play when a trust has a request that is not clear or the nature of the request is no longer possible. ♦ We have reviewed the current uses and future development of the Park. ♦ We have tried, as best we could, to understand the intent of the donors and how that intent is currently being carried out by the Town. We have research to find any heirs of the deed but have determined that they are no longer living. ♦ We have had a meeting with the neighbors to solicit their input. May I add that the meeting was very positive and informative. Important to note that the neighbors seemed comfortable with how the Recreation Department handled Memorial Park this past Spring and the current other activities at the Park. Parking seemed to be a big concern of the neighbors. ♦ We have reached out to the current users of the Park and the community by creating a Community Survey. The Survey briefly provides information material (BOS charge, deed and activities) and seven basic questions. Each committee member provided questions for the survey. The questions were reviewed and the most relevant questions were selected for the survey. We are providing information to the Board of Selectman prior to issuing any reports, and solicit any feedback from the Board of Selectman. Board of Selectmen Meeting—November 9, 2004—Page 3 We plan to complete the preliminary report by November 22nd. Would the Board of Selectman like to review the preliminary report before the committee's public hearing? Would that be your 11/30 meeting? We have scheduled a public hearing date of December 2nd to discuss the preliminary results of the Committee. Should the Board of Selectman or the Committee host the meeting?" Selectman George Hines indicated that it is the Selectmen's responsibility to hold the hearing because there could be negative aspects. The Town Manager noted that the Selectmen will hold a hearing on the preliminary report,and then decide on whether to move forward with the cy pres agreement. Preston Lucas noted that the Committee is meeting with Town Counsel on December 6t' to finalize the final report to the Board of Selectman. Selectman Gail Wood noted that'the donors were present for a lot of the events that were held at Memorial Park. Chairman Richard Schubert asked if any of the neighbors attended the meetings. Preston Lucas indicated that approximately 10 neighbors showed up as a group to one of the meetings. The consensus of the Board was to hold a hearing on December 2, 2004 at the Senior Center. Hearing—Morton Field Improvements—The Secretary read the hearing notice. The Town Manager noted that the Selectmen heard a presentation a few weeks ago for a new fence and improvements to the batting cage. The Selectmen gave the okay for the batting cage improvements. Pete Moscariello noted that he met with Ted McIntire, Joe Finnigan and Pat Schettini and they all give their blessings. The proposal is to enhance the baseball field at Morton Field, and to .install a six foot chain link fence in the outfield. It would be black vinyl coated with a wind screen and the funding is available. The Town Manager noted that the DPW supports with three conditions: (1) that the fence is a permanent structure, (2) that it be 10 feet from other structures and (3) that no trees be removed. The Recreation Committee voted 7-0-0 at their October 13th meeting recommending Proposal B. Selectman Gail Wood noted that 15 feet on the sidelines needs to be clear for field hockey play. Phil Vacarro noted that he will not hurt one program for another. He also noted that the two new fields will be marked for girl's field hockey, and that 15 feet is a recommendation of MIIA, not a rule. Selectman Gail Wood asked if part of the fence in the outfield could be removed to accommodate moving the goal cages in and out. The Town Manager indicated that the DPW Director states that if they have 10 feet, then they can get around it. He does not want a removable fence because he does not have the manpower to remove the fence. Board of Selectmen Meeting—November 9,2004—Page 4 Selectman George Hines asked if Option B needs a removable fence. Pete Moscariello noted that they could get around an offset fence. Selectman Hines suggested using an equipment gate. Selectman Gail Wood asked if this fence would be used for advertising, and Phil Vacarro indicated that there was no plan to advertise there. Chairman Richard Schubert noted that the openness of the area is an attraction for cross country skiing, flying kites and general community use. He feels that field fencing should be minimal and that removable fences are a good idea for freer passage. Rick Shaffer, a resident,noted that every effort should be made to secure more fields. Selectman George Hines noted that the gate idea would achieve openness, and it could be left securely open in the Winter. Chairman Richard Schubert noted that he preferred removable fences. Dave Sadlow had concerns that the area around the gate would get depressed from people walking in a focused area. Hines moved and Anthony seconded to approve the proposal to build a permanent fence that will be at least 10 feet from other structures; that no trees be removed; :that a professionally designed and professionally specified tate be installed; that it be the same quality as the fence at Symonds Way; that any tree trimming be done by Public Works; and that the final alignment be approved by the Town Manager. A motion by Schubert seconded by Wood to amend the motion to consider options for maintenance and personnel gates was approved by a vote of 4-1-0, with Hines opposed. The main motion was approved, as amended,by a vote of 5-0-0. The Board directed the Town Manager to come back with a recommendation and draft decision addressing concerns. Review Charter Amendment—ZBA—ZBA members Susan Miller, Paul Dustin and John Jarema were present. The Town .Manager noted that we surveyed 13 comparable communities and two of the communities have three members, the rest have five. Paula Schena talked to the Executive Director of the Mass. Federation of Planning and Appeal Boards, and they recommend a five member Board for a community our size. Vice Chairman Camille Anthony asked if there have been any issues with decision making. John Jarema indicated that many years ago, Associates didn't go to the meetings unless they were invited. Now, the Board wants everyone's input. He doesn't remember a single case over the last six to eight years where there was a problem. Board of Selectmen Meeting—November 9, 2004—Page 5 Selectman George Hines noted that three members requires a unanimous vote. An individual may want to vote against something but can't because of unanimity. If there are five members, then a person can vote against it. Paul Dustin noted that the Board continues their discussion until there is unanimity. He has voted on a number of cases and feels that requiring a fourth vote could work against the petitioner. He feels that staying with the smaller number is the best. He also noted that he is an Associate and over the past one and one half years,he has voted on six cases. John Jarema noted that variances are very specific. The procedure that is used is important and they stick to the criteria. Selectman Gail Wood noted that the problem with five members is getting five members and two Associates. Vice Chairman Camille Anthony asked if this was a philosophical problem or an actual problem. Selectman George Hines noted that it is more philosophical than anything. Vice Chairman Anthony noted that she wants a tough Board of Appeals. Selectman Gail Wood suggested sending the recommendation of the Charter Review Committee to Town Meeting to decide. A motion by Anthony seconded by Duffy to support the subject matter of the Charter Article that recommends changing the Zoning Board of Appeals to a five member plus two Associates Board failed by a vote of 2-2-1, with Anthony and Wood opposed and Schubert abstaining. Review of Budget and Budget Priorities —The Town Manager indicated that he will be meeting with Department Heads regarding goals and the effect on the budget. He asked if the Selectmen had any input on what they would like to see in the budget. Vice Chairman Camille Anthony indicated that she would like to have either an Assistant Town Manager or Department Head for Community Services added into the budget. She also indicated that we need the results of the Elder Services Study before doing the budget because that could have budget impacts. Chairman Richard Schubert noted that sidewalks are a safety issue and he would like that looked at on a wider scale. Selectman George Hines asked the Town Manager what he has seen so far. The Town Manager noted that the large developments are adding to the workload in inspections and also the Conservation Administrator. Selectman Gail Wood indicated that the Clerk situation needs to be looked at. Board of Selectmen Meeting—November 9,2004—Page 6 Selectman George Hines indicated that he would like to see better upkeep of the agendas on the website and there are conferences he would like to attend, so he would like money added to the I Professional Development budget. Approval of Minutes A motion by Anthony seconded by Wood to approve the Minutes of September 7, 2004 was approved by a vote of 5-0-0. A motion by Hines seconded by Wood to approve the Minutes of September 21, 2004 was approved by a vote of 5-0-0. A motion by Anthony seconded by Wood to approve the Minutes of September 28, 2004 was approved by a vote of 5-0-0. A motion by Anthony seconded by Hines to approve the Minutes of October 5, 2004 was approved by a vote of 5-0-0. Selectman George Hines offered congratulations to the election staff for running a successful election. He noted that the right to vote comes with challenges and that you have to grin and bear it and then move on. A motion by Anthony seconded by Hines to adjourn the meeting of November 9, 2004 at 10:40 p.m. was approved by a vote of 5-0-0. Respectfully submitted, 'Secretary