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HomeMy WebLinkAbout2003-05-06 Board of Selectmen Minutes Board of Selectmen Meeting May 6, 2003 The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Matthew Cummings, Secretary Richard Schubert, Selectmen George Hines and Gail Wood, Police Chief Bob Silva, Tax Collector Beth Klepeis, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Matthew and Michael Rawding, Bob Brown, Neil Sullivan, Joe and Sue Prew, Karen Cosgrove, Jon Vedder, Ray Gagnon, John Grayson, Larry Goulet, Kevin Hanlon, Lauren and Phil Liaboe, John Barry, Aram and Sharyn Boornazian, Keith Ballantyne, John and June O'Keefe, Matthew Mackoul, Maurice and Joan Pelland, Mark Mulvanity, Cheri Crow, Karen and Jerold Lamhut, Stephen Ippolito, Laurie Kane, Susan Buckley, Natalie Petrillo, Kristen Pluntze, Darld" nd Jill Hennigar, Attorney Robert Scarano. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Matthew Cummings complimented Town Meeting on their action on Article 7, and also complimented Town Counsel on summarizing the Article. He indicated that the Selectmen need to accept the final report of the Ad Hoc Committee, and indicated that the Selectmen need to have direct communication with the Light Board. He would like to see the General Manager's contract regarding the amount of bond that the General Manager has to make. Chairman Camille Anthony noted that the role of the Citizens Advisory Board needs to be discussed. She also noted that the CAB is responsible to the RMLB and ultimately to their Board of Selectmen, not to the RMLD staff. Vice Chairman Matthew Cummings noted that he attended a CAB meeting and there were no Light Board members present, but the Light Department General Manager, Assistant General Manager and Accountant were there. Vice Chairman Matthew Cummings noted that he received an inquiry about the gate at the end of Cherry Lane being locked. The Town Manager noted that there are two active ballfields and people who were attending the games were double parking, blocking driveways, etc., so locking the gate has resolved the issue for the neighborhood. Vice Chainnan Matthew Cummings asked if we have to wait for special legislation for the 30 year bonds for the High School, and the Town Manager indicated that we did. He noted that the School Department has authorized the architect to move forward. If the project does not get on the SBA list, then we would have to have hearings and eventually go back to the voters. The Town Manager suggested that the School Committee come in and talk with the Board about this. Vice Chairman Matthew Cummings indicated that we need to decide how to use any additional State aid that we may get. Chairman Camille Anthony noted that she attended a Bronze Award ceremony for the Girl Scouts, and noted that the "Community Connection" is being printed by donations. She also noted that there was an email regarding Birch Meadow being used as a restroom and suggested Board of Selectmen Meeting—May 6, 2003 —Paize 2 getting porta-pottys for that area. The Town Manager noted that the Superintendent of Schools suggests chaining the parking lot and the Recreation Administrator will look at the field permitting. Public Comment — Bill Brown noted that there are contradictions in the Charter that need to be reviewed. He also noted that the Moderator gives the oath at Town Meeting to officers, but Town Meeting members are not officers. He noted that the land across from the High school is tax title and the land should be donated for Habitat for Humanity. Town Manager's Report The Town Manager gave the following report: ♦ The Town has received another (final) check for the Burbank Trust in the amount of $33,280.40. ♦ A tour of Walkers Brook Crossing is scheduled for Thursday for officials — Board of Selectmen, CPDC and Conservation Commission. The press will also be invited. ♦ The DTE has asked for proof that Reading is a "quiet zone" for purposes of not doing train whistle blowing at our grade crossings. We have not been able to find any paperwork on this. I have asked Representatives Brad Jones and Carol Donovan and Senator Richard Tisei to sponsor the necessary legislation to address this issue. ♦ I have received notice that the RMLD Earnings Distribution payment for FY 2004 will be $1,826,062, an increase of 2.61% or$46,465 based on the CPI. This is actually about $2,000 more than anticipated in the FT 2004 budget revenue projection. ♦ The Board of Selectmen has received correspondence from the RMLD regarding the establishment of a "margin" account set up in the RMLD's name to guarantee Calpine's performance under power contracts. The reason I mention this is so that the Board of Selectmen or FINCOM don't think that the RMLD's reserves are higher than expected. ♦ Reminder-Household Hazardous Waste Collection May 17' DPW Facility—75 New Crossing Road 9:00 a.m. — 1:00 p.m. ♦ There will be a mercury thermometer swap (trade in an old mercury thermometer for a new digital thermometer) at the Health Division Offices in May. Watch local media for more information. ♦ Compost Center Hours Starting Friday, April 4th April/May— Friday and Monday (8:00 a.m. —2:30 p.m.) Saturday(8:00 a.m. — 5:00 p.m.), closed April 21"and May 26th holidays June— 1St and 3rd Saturdays only Info on website, Chronicle, Advocate, Cable TV Channels 9, 10 and/or 22, DPW at 781-942-9092 or 9076. There will also be a flyer and calendar in the June 10th water/sewer bills. Board of Selectmen Meeting—May 6, 2003 —Page 3 Proclamations/Certificates of Appreciation Certificate of Recognition — Wade Gauthier, Boy Scout Troop 702 — A motion by Schubert seconded by Cummings to approve the Certificate of Recognition for Wade Gauthier, Bov Scout Troop 702 was approved by a vote of 5-0-0. Certificate of Recognition — James A. Kirlin, Boy Scout Troop 728 — A motion by Schubert seconded by Hines to approve the Certificate of Recognition for James A. Kirlin, Boy Scout Troop 728 was approved by a vote of 5-0-0. Selectman George Hines indicated that he would attend the ceremony. Proclamation — Dav of Recognition of Volunteers — A motion by Schubert seconded by Cummings to approve the Proclamation for the Day of Recognition of Volunteers was approved by a vote of 5-0-0. Chairman Camille Anthony indicated that she would attend. Proclamation — Forget-Me-Not-Week - A motion by Hines seconded by Cummings to approve the Proclamation for Forget-Me-Not-Week was approved by a vote of 5-0-0. Proclamation — National Police Memorial Week — Police Chief Robert Silva was present. He noted that May 15th is Police Memorial Day, and the flags will be lowered and badges will be covered. There will be an Open House on May l01h A motion by Wood seconded by Cummings to approve the Proclamation for National Police Memorial Week was approved by a vote of 5-0-0. Proclamation — Buckle Up Reading Community Week — Police Chief Bob Silva noted that the Department has received funding for enforcement and a second Speed Board has been added. A motion by Schubert seconded by Hines to approve the Proclamation for Buckle Up Reading Community Week was approved by a vote of 5-0-0. Discussion/Action Items Continued Hearing—Gael's Chase—The Town Manager noted that a working group was formed to review the proposed LIP. The Selectmen had a site walk. There is an email from Town Counsel regarding the cooling off period. Denial is permitted if the Town has made recent progress. After the expiration of the appeal period of Spence Farm, then the Town can deny any other applications. The Town Manager noted that everyone has agreed that the center section of the site is all vernal pool. Conservation Commission Member Larry Goulet, CPDC Member Neil Sullivan and resident Bob Grayson were present. Larry Goulet noted that he had three concerns. The vernal pool does not meet the 100 foot setback. The additional upland shrubbery is not significant. The proposed bridge will have an adverse impact in a sensitive area. Board of Selectmen Meeting—May 6, 2003 —Page 4 Vice Chairman Matthew Cummings asked what the buildable area is, and Mr. Goulet noted that the proposed site is within 35 feet of the vernal pool. Attorney Robert Scarano noted that only one unit is 35 feet away. Vice Chairman Matthew Cummings asked if that unit was eliminated, --- would it be outside the 100 feet, and Attorney Scarano noted that it would if the plan was "tweaked." Selectman George Hines asked if any other structures in Town come within 100 feet of a vernal pool, and Larry Goulet noted that Strawberry Hill does. Neil Sullivan noted that he could not find anything positive about the proposal. He also noted that there will be too much movement of water and that will have an affect on the abutters. He further noted that the fire trucks will not be able to get up the roads, and noted that construction has stopped in this area because the environment doesn't meet the wetland regulations. Vice Chairman Matthew Cummings noted that the Town will not have any control over these issues if the developer goes with a 40B development. At least with the LIP project, the Town will have control over these issues. John Grayson of 145 Van Norden Road thanked the Town for putting the working group together. He has educated the neighbors and everyone is against the project. He noted that the trash trucks won't be able to get up the street and,there will be an issue with water run off. He feels that the project is going overboard on the amount of variances being asked for. Vice Chairman Matthew Cummings noted that the moratorium is for 24 months only. If we don't support the LIP, then the developer will file for a 40B project in the 25th month. John Grayson noted that the State is making changes in the policy. Over 100 pieces of legislation have been filed regarding 40B, and he feels that the policy will be a lot different in two years. Selectman Richard Schubert noted that the key piece is the number of units. He feels that it is worth trying to negotiate the number of units. Attorney Scarano noted that the LIP process is the easiest and best way for the Town to get affordable housing. He also noted that some of the abutters are contributing to the drainage problem, and the mitigation measures that he proposes will improve the quality of the water and drainage. He further noted that the LIP units are for Reading residents only. The Town Manager suggested that the Board look at all of the affordable housing projects. We have 7.6% of affordable units now, so the Selectmen should see which projects are the most attractive. Attorney Scarano noted that when the Board supports a LIP, they are not supporting the number of units—they are just signing on a process. Board of Selectmen Meeting—May 6 2003 —Page 5 Selectman George Hines asked if there is an out, if the Selectmen are not happy with the project. The Town Manager indicated that he was not sure and noted that he disagrees with Attorney Scarano because the Board does buy into the project and density. The Board directed the Town Manager to schedule a workshop with the working group on June 10th at 8:00 p.m. at the Senior Center. John Barry of 100 Fairchild Drive noted that he has a petition from 50 neighbors who are against the project. Stephen Ippolito of 52 Fairchild Drive asked when the neighbors would get an opportunity to speak, and Chairman Camille Anthony indicated at the workshop on June 10, 2003. Review Status of Tax Payments — Global Gas Station— South Main Street — Tax Collector Beth Klepeis noted that the Town foreclosed on the property in December. Once the Town forecloses, it has the right to sell the property. If the Town does not sell the property, then the former owner has the right to redeem the property within one year, and the Selectmen can vacate the decree. She spoke with the former owner and he paid $25,000 and made arrangements to pay $5,000 per month until December 31, 2003. Chairman Camille Anthony noted that we have already been through the foreclosure process, and asked what would happen if he pays everything then defaults. Beth Klepeis noted that the process would start over. Selectman George Hines asked if the former owner showed that he can pay for this. Beth Klepeis noted that the tenant pays the water and sewer, and the former owner will pay $5,000 per month to pay off the $42,000 plus keep current. Selectman George Hines suggested making a date certain every month and if the deadline is missed by one minute, then start the process to sell. Beth Klepeis noted that is not how she has handled things in the past. She feels that there needs to be a little bit of flexibility. Vice Chairman Matthew Cummings asked if we are collecting the rent, and Beth Klepeis noted that the rent is paying the mortgage. He indicated that the rent should be paid to us. Beth Klepeis noted that these people have tremendous problems, and we are doing this to get the taxes. She reminded the Board that we are getting 16% interest on the back taxes. Vice Chairman Matthew Cummings noted that there is a difference between a home and a commercial piece of property with income on it. He feels that if a payment is missed, then the property should be sold. Beth Klepeis noted that these people have serious problems and that it would not be moral to take away the livelihood of the renter. She also noted that it would not be moral to take his money and then turn around and sell the property. Selectman Richard Schubert noted that the Selectmen directed Beth Klepeis to approach the owner and try to work something out. He is comfortable with the agreement. If we don't get it all by December 31, 2003, then sell the property. Board of Selectmen Meeting—May 6, 2003 —Page 6 Beth Klepeis noted that the law allows one year for the former owner to pay off the back taxes. A motion by Hines seconded by Anthony to direct the Town Treasurer to enforce the agreement dated May 6, 2003 and immediately notify the Board of Selectmen if it is violated failed by a vote of 2-3-0, with Cummings, Wood and Schubert opposed. Discussion of Review of Fees—The Town Manager noted that the Selectmen did a full review of fees two years ago, and asked if they want to get on a schedule of reviewing every two years. The Board directed the Town Manager to conduct a survey and bring this back in the Fall. Review Possible Bylaw re: Property Owners being required to Clear Walks of Snow and Ice — The Town Manager noted that this was on a draft Warrant for the Annual Town Meeting but the Selectmen took it off for more discussion. He also noted that North Reading has a requirement to clear snow and ice from sidewalks. Vice Chairman Matthew Cummings suggested tabling this permanently and hold a hearing on 4e. He noted that enforcement would be difficult and we would have to carve out exemptions. The consensus of the Board is to hold a hearing on this matter. Review Possible Bylaw Requiring BCC Members to be Residents of Reading During their Full Term - The Town Manager noted that he assumed the Selectmen want Board, Committee and Commission Members to be residents of the Town. The Board directed the Town Manager to schedule a hearing. Chairman Camille Anthony noted that the Selectmen are required to elect a representative on the Metropolitan Planning Organization. The Town Manager indicated that he recommends Bedford and Hingham. A motion by Hines seconded by Cummings to authorize the Chairman of the Board of Selectmen to vote for Bedford and Hingham as the representative on the Metropolitan Planning Organization was approved by a vote of 5-0-0. A motion by Cummings seconded by Wood to go into Executive Session for the purpose of litigation not to come back into Open Session was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary Board of Selectmen Meeting Executive Session May 6, 2003 The Executive Session convened at 10:45 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Matthew Cummings, Secretary Richard Schubert, Selectmen George Hines and Gail Wood, Town Manager Peter Hechenbleikner and Paula Schena. Litigation The Town Manager noted that Bob Ripley has retired on disability and we have come to a settlement in the Workers' Comp case regarding his broken wrist. A motion by Hines seconded Wood to authorize the settlement in the Robert Ripley Workers Compensation case in an amount not to exceed $30,000 was approved on a roll call vote with all five members voting in the affirmative. A motion by Hines seconded by Wood to adjourn the Executive Session of May 6, 2003 at 10:50 p.m. was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitte , Secretary