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HomeMy WebLinkAbout2003-07-22 Board of Selectmen Minutes Board of Selectmen Meeting July 22, 2003 The meeting convened at 7:35 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 Matthew Cummings, Tax Collector Beth Klepeis, Police Chief Bob Silva, Conservation Administrator Fran Fink, Town Counsel John Gannon, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Bill Hecht, Karol McLaughlin, Rebecca Longley, Jason Madden, Kelley Meier, Carl Mittnight, Lynn Domink, Kenneth Margassian, William and Janice Hughes, Bill O'Halloran, Dom LaCava, Guy LoConte, M. Russell, Carl McFadden, Peter Dahl, Tom Ryan, Officer Sal LaVita, Doug Greene, Jack Yen, Dale Merrill, Marcel Dubois, Richard Cohen, Mr. Robinson, Phil Rushworth, Tom Mottl, John Carpenter, John Russo, Bob Brown, Gary Phillips. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Matthew Cummings noted that the people who requested the hearing on Cherry Lane are not able to be present tonight. He would like to listen to what the abutters have to say and then continue the hearing. Selectman Camille Anthony asked for an update on the Salem Street LIP. She noted that an article in the Boston Globe indicates that Reading has a low rate of ticketing. Chairman George Hines noted that there are a lot of speeding complaints from residents and warnings are not - necessarily a determent. Town Manager's Report The Town Manager gave the following report: ♦ The Governor has vetoed "A Law providing Relief and Flexibility" for local government. The veto is on very narrow grounds, and it is expected to be changed and re-passed and signed. There are 141 sections. This law is intended to assist local governments in Massachusetts by allowing increased fees and reducing bureaucracy. One section is an Early Retirement Incentive which we will look at, but which for most of our operations would be of little value. The RMLB may be interested. ♦ The bottom line on the State budget is that Reading is $746,000 "to the good" compared to the Governor's budget, upon which the Town budget was developed and approved. ♦ With respect to the Home Rule bill on 30 year bonding for the Reading Memorial High School project, the bill has been introduced, has gone through three readings in the House, and is now in the Senate. ♦ I have enclosed in your packet a proposed letter to the purchaser of the Depot outlining that they need to have the waiting room and bathroom facilities available within 6 months, and detailing a little of what the Town's expectations are with respect to these facilities. If the Board of Selectmen has no problems with this, I will sign it and send it out tomorrow. -- ♦ The Town's "air raid" sirens are repaired and ready to be tested. We are planning a testing process once we have had an opportunity to let the community know -- we don't want to cause a panic or overload our Dispatch Center. Board of Selectmen Meeting—July 22, 2003 —Page 2 ♦ We have been informed by the MPO that Reading's funding for Downtown Improvements is not included on the next year's Transportation Improvement Program (TIP). Please see the attached correspondence. The Town Planner and the Town Engineer are both planning to be at the MPO meeting to plead our case. ♦ Please see the attached e-mail from Camille Anthony and a draft letter to Meadow Brook Golf Club regarding the proposed land swap. ♦ A tour of the landfill development is tentatively scheduled for September 18th at 5:30 p.m. Invited are the Board of Selectmen, CPDC, Conservation Commission and Board of Health with staffs. ♦ I attended a ceremony today at Peter Sanborn Place celebrating the refinancing of the development at today's low interest rates. The previous rate was 9% and it is now reduced to 5%. The savings will be reinvested in the facility in upgrading kitchens and bathrooms, and will also be used to increase the on-site services provided. This is a "first in the nation" program. ♦ The Finance Committee will be meeting on July 23, 2003 to brainstorm about the FY 2005 Budget, and again on July 30th for regular business. ♦ The Finance Committee appointment Committee meets tomorrow night. There is one vacancy and one applicant. ♦ The Board of Selectmen and School Committee meet next Tuesday night to appoint a new member to the School Committee for a term expiring at the next Town Election. ♦ Compost Center Operation: July, August, September Monday mornings, 8:00 'til noon, and Saturdays, 8:00 'til 5:00 October and November Monday mornings, 8:00 'til noon Friday mornings, 8:00 'til noon Saturdays Personnel and Appointments Badge Pinning — Police Officer Sal LaVita — Police Chief Bob Silva introduced the Town's newest Police Officer Sal LaVita. Officer LaVita's mother pinned on his badge. Conservation Commission — The Board interviewed Rebecca Longley for one position on the Conservation Commission. Anthony moved and Cummings seconded to place the following name into nomination for one position on the Conservation Commission with a term expiring June 30, 2004: Rebecca Longley. Ms. Longley received five votes and was appointed. Discussion/Action Items Conservation Commission Highlights — Conservation Administrator Fran Fink and Conservation Commission Members Doug Greene, Karol McLaughlin and Kelley Meier were present. Board of Selectmen Meeting—July 22, 2003 —Page 3 Fran Fink noted that the hunting working group has researched State hunting regulations, worked with the hunters and looked at the deer population. She also noted that the Conservation Commission will hold a hearing to make final decisions before deer hunting season. Ms. Fink noted that there are four conservation areas that are big enough for hunting. The Town currently allows bow hunting only and the restrictions are 500 feet from buildings and 150 feet from roads. She also noted that the hunters are interested in deer and turkey hunting. The Commission is recommending only deer hunting at specified locations. Chairman George Hines asked if the Conservation Commission could adopt stricter regulations than the State, and Ms Fink indicated that they could but are not planning on it. Chairman George Hines asked what the range of a bow is, and Ms. Fink indicated that she thinks it is 20-30 yards, and no accidents have been recorded by the police. Doug Greene noted that the Commission is recommending only hunting in tree stands, unless they hit a deer and then they can follow through. Selectman Matthew Cummings asked if the working group got a sense of the number of hunters in Reading. Ms. Fink indicated that there is a couple of dozen. She noted that the Police Department's reports show that there have been 125 car accidents involving deer in Reading over the past five years. Selectman Gail Wood asked if there is any prohibition against power bows. Karol McLaughlin of 76 Batchelder Road noted that State law prohibits crossbows except for paraplegics. She also noted that Selectmen Rules and Regulations Section 6.2.3 prohibits discharge of bows and arrows in parks. The Town Manager noted that conservation land is not included in that section. Ms. McLaughlin noted that neighbors have found bows in their backyards and tree stands where they shouldn't be. She is asking for another meeting of the working group to look at the GIS map. She also noted that half of Bare Meadow is not huntable by State law — there are a lot of side streets and scattered homes. She suggests breaking down Bare Meadow into huntable areas. Fran Fink noted that the maps the working group used showed roads and buildings, and it is up to the hunter to know the 500 foot rule. Vice Chairman Richard Schubert encouraged the Conservation Commission to be very specific about the locations, bows, types of animals and seasons. He noted that he has concerns about Bare Meadow due to the way it is developed. The Selectmen requested that the Conservation Commission distribute their recommendations before the hearing is held. Board of Selectmen Meetin�July 22, 2003 —Page 4 Hearing—Cherry Lane Drive Park Access—The Secretary read the hearing notice. The Town Manager noted that several years ago the residents on Cherry Lane Drive were complaining about the people using Cherry Lane to access Joshua Eaton. There were problems with double parking and trash. The solution was to lock the gate during organized activities, but to have it open and accessible during the school day. The Town Manager noted that the people who requested the hearing were not able to be present tonight. Selectman Matthew Cummings noted that their complaints were safety and walkers with carriages. Bill Hughes of 17 Cherry Lane Drive noted that before the gate was locked, it was like living in a parking lot. The games on the weekend were constant and he couldn't invite people over because there was no place for them to park. Jack Yen of 25 Cherry Lane Drive noted that his sons play on the Little League. There are four to five games on Saturdays and that results in 200 cars during the course of the day. He noted that since the gate has been locked, he hasn't had to call the police. A motion by Cummings seconded by Wood to continue the hearing on Cherry Lane Drive park access to August 19, 2003.at 9:00 p.m. was approved by a vote of 5-0-0. RCTV Board — Discussion on Interrelationship with Board of Selectmen — RCTV Board Members Dale Merrill, Marcel Dubois, Richard Cohen, Mr. Robinson, Tom Ryan, Acting Executive Director Phil Rushworth, Town Counsel John Gannon, Reading Technology and Telecommunications Advisory Committee (RT-TAC) Members Bill O'Halloran, Dom Lacava and Tom Mottl, and School Committee Members Pete Dahl, Carl McFadden, John Carpenter and John Russo were present. There being a quorum of the School Committee, Pete Dahl called the meeting to order. Chairman George Hines noted that the Selectmen had raised concerns regarding potential changes that the RCTV Board was going to make and the RCTV Board made the changes anyway. The Town Manager noted that Town Counsel's memo makes a recommendation of a written agreement. Phil Rushworth put him in touch with the Alliance for Community Media and they sent him a copy of a sample agreement. Chairman George Hines noted that an agreement is seen as one potential solution. The Board of Selectmen and School Committee representatives no longer exist on the RCTV Board. Dale Merrill noted that the RCTV Board created associate positions for the Board of Selectmen and School Committee. She also noted that the representatives were not communicating with their Board anyway. She feels that it would be a good idea to have a written document and suggested an Ad Hoc Committee work on creating one. Board of Selectmen Meeting—July 22, 2003 —Page 5 RT-TAC Chairman Bill O'Halloran suggested an Ad Hoc Committee consisting of the Town Manager, Selectmen, School Committee, RCTV and RT-TAC to create a draft contract. Selectman Camille Anthony noted that she is not interested in the content of RCTV programs, but the Town does have a contract with the cable provider, and the Town should have one with RCTV. Chairman George Hines indicated that he feels strongly that the contract should provide for Selectmen and School Committee representatives. Pete Dahl noted that the School Committee voted on May 12, 2003 to keep their representative on the RCTV Board. John Russo noted that he was not in agreement with the rest of the School Committee because it would be undermining a private organization. Selectman Matthew Cummings noted that this private organization derives benefits from a public contract between the Town and Comcast and RCTV receives funding from it. Chairman George Hines noted that the Town representatives on the RCTV Board were minority reps so there was no control. Vice Chairman Richard Schubert noted that the issue was never about content but about accountability. Selectman Gail Wood noted that the contract with Comcast has provisions for RCTV. The Board of Selectmen has to advocate for RCTV so it would be more beneficial to have a good relationship between the Board of Selectmen and RCTV. RCTV Board Member Tom Ryan agreed with forming an Ad Hoc Committee. Town Counsel John Gannon noted that there are plenty of models to go by. Some towns have a bylaw or designate a provider. He noted that MMA might also be helpful. Bill Brown indicated that he would like to see an Ad Hoc Committee formed but he doesn't want Selectmen or School Committee representatives on the board. Dale Merrill suggested having an impartial person to Chair the committee. Bob Brown noted that communication is very important and the previous Selectman representative didn't report back to the Board. Gary Phillips noted that he doesn't think the Selectmen should select any of the membership. He also noted that he served on the RCTV Board because the School Committee failed to fill their seat. Dale Merrill indicated that she hoped that RT-TAC would participate on the Committee along with Selectmen and School Committee representatives and an impartial facilitator. Board of Selectmen Meeting=July 22, 2003 —Page 6 A motion by Anthony seconded by Wood that an Ad Hoc Policy Study Committee consisting of two School Committee, two RT-TAC, two Selectmen and two RCTV Board Members be established to develop contract language to be brought back to the Boards was approved by a vote of 5-0-0. Chairman George Hines suggested also adding the Moderator. A motion by Carpenter seconded by McFadden to adjourn the School Committee meeting at 10:15 p.m. was approved by a vote of 4-0-0. Hearing — Approval of Local Initiative Program Regulations — The Secretary read the hearing notice. The Town Manager noted that the Board of Selectmen gave their input and Town Counsel made his recommendations. Selectman Camille Anthony noted that in Section 2.02, the wording indicates that the timeframes will neither extend or delay the process. She suggested adding the wording "is not intended to." She also suggested that over 55 in perpetuity should be mentioned in Section 3.01.01. The Town Manager noted that the ZBA will determine over 55 in perpetuity or 20 years. Selectman Camille Anthony noted that in Section 3.01.04, the wetlands should be delineated by the Conservation Commission and cross sections should be added to Section 3.01.06. She suggested getting the definition of"net" in the fourth bullet under 11.01.1. Selectman Matthew Cummings suggested designating that the money be returned to the Affordable Housing Trust Fund in Section 13.01.3. Vice Chairman Richard Schubert noted that in Section 13.01.1, the earnings should be 80%, not 70%. A motion by Wood seconded by Cummings to close the hearing on the Local Initiative Program Regulations was approved by a vote of 5-0-0. A motion by Anthony seconded by Wood to adopt the Local Initiative Program Regulations dated July 22, 2003, as amended,was approved by a vote of 5-0-0. Hearing—Amend the Policy on Human Relations Advisory Committee —The Secretary read the hearing notice. The Town Manager noted that he is recommending three changes: (1) the Board of Selectmen appoints unless another means of appointment is indicated, (2) change the Department of General Services to Community Services, and (3) be flexible as to who the Town Manager appoints as the liaison. A motion by Wood seconded by Cummings to close the hearing on amending the policy on the Human Relations Advisory Committee was approved by a vote of 5-0-0. Board of Selectmen Meeting=July 22, 2003 —Page 7 A motion by Wood seconded by Anthony to approve the amendments to the policy on the Human Relations Advisory Committee was approved by a vote of 5-0-0. Vacating the Decree — 431 Main Street, Global Gas Station — Tax Collector Beth Klepeis was present. The Town Manager noted that the property was taken in December, and all back taxes have been paid in full. Selectman Camille Anthony directed the Town Manager to send a letter to the property owner indicating that all taxes and water/sewer bills must be kept up to date. Beth Klepeis noted that she has never had anyone go into land court more than once. A motion by Wood seconded by Cummings to vacate the decree of the Commonwealth of Massachusetts Land Court "Final Judgement in Tax Lien Case — Town of Reading vs. Charles W. Gray" dated December 23, 2002, because all back taxes, interest charges and fees have been paid was approved by a vote of 5-0-0. Approval of Minutes A motion by Anthony seconded by Wood to approve the minutes of their meeting of June 17, 2003 was approved by a vote of 5-0-0. A motion by Cummings seconded by Wood to approve the Executive Session minutes of their meeting of June 17, 2003 was approved by a vote of 5-0-0. A motion by Anthony seconded by Cummings to approve the minutes of their meeting of June 24, 2003 was approved by a vote of 5-0-0. A motion by Cummings seconded by Anthony�journ the meeting of July 22, 2003 at 11:00 p.m. was approved by a vote of 5-0-0. Respectfully submitted, :7 41 -- Secretary