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HomeMy WebLinkAbout2002-09-24 Board of Selectmen Minutes Board of Selectmen Meeting September 24, 2002 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, Town Manager Peter Hechenbleikner, Town Counsel Joan Langsam, Paula Schena and the following list of interested parties: Susan Byrne, Mary Corbett, Evelyn Small, Jim and Jeanette O'Rourke, Bill Brown, Bob Brown, Kenneth Muise, Wendy Wooldridge, Douglas Cowell, Dan Ensminger, John Carpenter, Donald Moss, Diane and Paul Feely, Kenneth and Donna Shindelman, Roz Post, Mark and Rosalind O'Brien, Nicole LeBlanc, Art Quiglione, Lenny Polanski, Tom Garesche', Jonathan Weber, Lynn Tassinari, Kelly Coughlin. The Town Manager announced that he received a phone call from the Mass Highway Commissioner John Cogliano who informed him that the feasibility study on the Route 128/I-93 project is being suspended. A task force will be formed to look at short-term, and long-term improvements. They will get an announcement on how the task force will be established. The meetings in Woburn and Stoneham have been cancelled. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman George Hines noted that Commissioner Cogliano's appearance at the hearing and action he is taking speaks very well for him. He also noted that he hopes to get a commitment from the residents that they will treat Mass Highway with respect — some of the residents were embarrassing, rude and insulting to them. He commended PRESERVE and the other groups for their work and indicated that the task force will still meet next week and brainstorm. Selectman Richard Schubert noted that tonight's newspaper mentions that the Commissioner will be speaking with the Woburn Chamber of Commerce on October 3rd regarding the change of plan. He also noted that he attended the Eagle Scout Ceremony for Dana Boyd, and noted that the School Building Committee met last week with the Arts Programs. The architect has a couple of design options and they will be showing them on October 15th, October 23rd, October 26th and November 11 th. Chainnan Camille Anthony suggested-breaking the community up into quadrants and have a Selectman in each quadrant pick a street that needs work and inform the residents. The Town Manager suggested that they take streets from the Five Year Program. Chairman Camille Anthony noted that she met with other Chairs regarding communicating with residents. Selectman George Hines suggested that the Selectmen meet every Tuesday to get the information out and Selectman Richard Schubert agreed. Selectman Gail Wood commended the Recreation Department and Reading Public Library for helping to make her grandchildren's vacation this Summer less stressful. r Board of Selectmen Meeting— September 24, 2002—Page 2 Public Comment — Bill Brown noted that there will be a Veterans' Dance on November 9, 2002 to benefit the Veterans' Memorial Trust Fund at the Hawkes Field House. Tickets will cost $30.00 per person -- they need to raise $23,000. Town Manager's Report The Town Manager gave the following report: ♦ Reading had a September 11th remembrance program on the Reading Common. A candlelight walk from the Baptist Church on Woburn Street began at 7:15 p.m. and the ceremony on the Common began at 7:30 p.m. The program was by the Reading Clergy Association, and I want to thank thein for undertaking this task on behalf of the community. ♦ Earlier on September 11th at 9:45 a.m., the Reading Fire Department hosted a program at the Main Street Fire Station. They joined Fire Departments all across the State. ♦ I would like to recognize and thank the Council on Aging for paying for the new flag pole at the Senior Center from the Burbank Trust, to the DPW for installing the pole, and to the Facilities Department for installing the lighting. It looks great and our senior citizens are proud to have the flag displayed at this Town building. ♦ I am pleased to announce that I have hired Christopher Reilly as our next Town Planner. Chris has been working for the past 8 years in the City of Quincy, and brings good experience, a great deal of energy and a passion for local planning. Chris started here in Reading last Tuesday. ♦ We have hired a Network Technician—Kevin Furilla who started a week ago Monday. We had over 450 applicants for the position, and I'm sure the Board does not have a problem in our waiving our usual policy of sending a notice to all applicants when we have filled -- a job. ♦ Elizabeth Dickinson began her new job as Assistant Library Director last week. She comes to us from the City of Cambridge and will be a very welcome addition. ♦ The Board of Selectmen has received the material that was sent to the FINCOM re: the FY 2003 Budget amendments that will be required. The FINCOM seems amenable to recommending funding for at least the first phase of the Pay and Classification study for non- union employees. We hope that this could be considered for the November Subsequent Town Meeting. ♦ The Town has been approved for funding for technical assistance relative to the Johnson Woods (Longwood Poultry Farm) comprehensive permit application. The funding is up to $10,000, and the primary focus of the efforts will be on the Pro-Forma financial statements that were just received. Edy Netter is the consultant assigned to the Town of Reading. The Town Planner has just submitted the application for similar funding to assist us with the Archstone project. ♦ The Town Planner has submitted our application for our annual Housing Certification; He has also put together the application and letters of support for the Soft Second Loan Program. ♦ The Board of Health is holding a hearing on dumpster regulations on October 10th at 6:10 p.m. ♦ The Beede legal settlement has been finalized and the settlement has been paid. Board of Selectmen Meeting— September 24, 2002 — Page 3 ♦ Town Counsel has given us an opinion that the removal of a member of the RCTV Board, even one appointed by the Board of Selectmen, is up to RCTV. ♦ A letter to the Editor in the Advocate last week by the Chairman of the RMLB needs clarification. The day that Mr. Hughes got the latest IG's letter, he came into my office and asked me how he should proceed. Later that evening, Matt Cummings, Camille Anthony, and I met with Mr. Hughes. We suggested that he should get together a meeting of his Board as soon as possible, giving at least 48 hours notice of the meeting. We talked at length about what he could and should say to the other Board members so as not to violate the Open Meeting Law. As the Board of Selectmen will remember, Mr. Hughes stated in his opening remarks to the Board of Selectmen on August 28th that he had a conference call with the other RMLB members and this, of course, would be a violation of the Open Meeting Law. I stated at the time that it appeared to be a problem but we would deal with it later. The next day, I talked to Town Counsel about how to investigate, and she stated the options were to investigate it locally or to turn the matter over to the District Attorney. I talked to Mr. Hughes and told him what the options were and suggested my preference to have Town Counsel do a very quick investigation. If it appeared then that there was a violation, it would be turned over to the DA-- if not, that would be the end of it. I then directed Town Counsel to proceed with the investigation. MnHughes questions my motives -- I think referring to me or others as vultures. Under the Reading Home Rule Charter, one of the Town Manager's responsibilities is to enforce the General Laws, local bylaws and other regulations. The Open Meeting Law is one of those laws and I take that responsibility to investigate and enforce very seriously. If that is perceived as being "out to get" anyone, I am sorry. ♦ Town Counsel has reviewed the question of whether the RMLB violated the Open Public Meeting Law when the Chairman made phone calls to the other members of the Board related to the latest Inspector General's letter. Town Counsel has determined that there was no violation of the Open Meeting Law and that concludes the matter. ♦ The Reading Advocate wrote an Article 2 weeks ago on Debt and Capital Exclusions. The headline on the Article was "Double Taxes? 2012 could see hefty bills for homeowners." The second page headline on the continuation of the article read "Town's list of upcoming debt could double tax bills by 2012". Unfortunately, these headlines and the first paragraph of the story are very misleading. I have talked to the reporter and the Editor and have given them a revised chart incorporating some suggestions given by the FINCOM, and asked the Advocate to correct the matter in the paper. The "correction" appeared in the following edition of the paper and, in my opinion,just added confusion to the matter. Unfortunately, these headlines and articles are very damaging to a process that we have developed to get factual information out to our residents so that they can make informed decisions about the Town's financial matters. ♦ As part of the transition to the new water meter billing system, residents received a water and sewer bill last week. Depending on when a resident's meter reading cycle is, the bill is for between 7 weeks of usage and 3 months of usage. In the future, meters will be read in a 3- day cycle, and bills will be out within a couple of weeks of meter reading. The new billing cycle will have payments due in mid-October, January, April and July. Board of Selectmen Meeting— September 24, 2002 —Page 4 ♦ The Reading Police Department is looking for translators who can be available on a voluntary basis. Particular need has arisen recently for translation in Portuguese, Spanish and Korean. Interested residents may contact the Police Chief. - ♦ CPDC and Conservation Commission have approved the plans for development of Walkers Brook Crossing. This is a major milestone. ♦ We have bid the Haverhill Street improvements (from Timberneck Drive to the Rotary) including the installation of a sidewalk on one side of the street. ♦ The Parking Enforcement Officer has been busy in the Downtown area. This program was instituted with the support of Downtown merchants to keep parking spaces available for customers. The program is to be funded by the rental of up to 31 parking spaces for merchants and their employees. We have now rented 15 spaces. I had a very good brief meeting with the Chamber of Commerce Executive Committee and discussed this matter with them. Personnel and Appointments Substance Abuse Prevention Advisory Council—The Board interviewed Nicole LeBlanc for one position as the Peer Leader Representative on the Substance Abuse Prevention Advisory Council. Schubert moved and Hines seconded to place the following name into nomination for one position on the Substance Abuse Prevention Advisory Council with a term expiring June 30, 2003: Nicole LeBlanc. Ms. LeBlanc received five votes and was appointed. Discussion/Action Items — Close Warrant — Subsequent Town Meeting — Town Counsel Joan Langsam was present. The Town Manager suggested taking off the scenic road articles because CPDC has to sponsor and they haven't acted on this yet. Selectman Gail Wood noted that any petition article with the required number of signatures can be put on the Warrant. Joan Langsam noted that the Bylaws state that CPDC has to recommend to Town Meeting. Selectman Gail Wood also noted that it could be put on the Warrant and then CPDC can make their recommendation to Town Meeting. The Town Manager noted that Article 9 is to establish a Stabilization Fund from building permit fees to offset the cost of additional projects. Selectman George Hines asked if there was an alternative to this because we might not get 2/3 vote at Town Meeting. The Town Manager noted that he thought about a revolving fund but the State would have to approve. Selectman George Hines indicated that he wants to discuss oversight and perhaps hire a firm. Vice Chairman Matthew Cummings indicated that he thinks the stabilization fund is the most appropriate way to do this because it will be dedicated. The Town Manager noted that the alternative would add to free cash. Vice Chairman Matthew Cummings noted that revolving funds money doesn't get accounted for. -- Board of Selectmen Meeting— September 24 2002 —Page 5 The Town Manager noted that Article 10 is the language that the School Committee voted. Town Counsel has reviewed the deeds and the Town owns the land for playground purposes. The Superintendent of Schools states that the School Building Committee will survey the property. Selectman Richard Schubert noted that one of the architect plans ties the Field House to the High School. Selectman George Hines noted that he is not going to transfer all of the Town land to the School Committee. Vice Chairman Matthew Cummings noted that the Field House was built for the community -- not the School Department. Town Counsel noted that a motion could be done to lease the land. A motion by Schubert seconded by Anthony to close the Warrant consisting of 13 Articles; excluding the Article for the Water Treatment Plant Design and Construction and including establishing a revolving fund and the two scenic road Articles for the Subsequent Town Meeting on Tuesday, November 12 2002 at 7.30 p.m. at the RMHS Auditorium, 62 Oakland Road Reading was approved by a vote of 4-1-0, with Hines opposed. Heariny — Parking Regulations on the North Side of Chapin Avenue — The Secretary read the hearing notice. The Town Manager noted that the Selectmen previously had a hearing regarding parking on Main at Chapin. The current rules and regulations prohibit parking on the north side of Chapin Avenue but has not been enforced, and it is necessary to have parking in front of Suppliers Auto at 4 Chapin Avenue. Kenneth Muise of 28 Chapin Avenue noted that he was involved in an accident when he was forced into another car because it is a congested area. He also noted that Suppliers Auto has, multiple deliveries. Selectman Gail Wood suggested allowing short term parking in front of Suppliers Auto. Art Quiglione, owner of Suppliers Auto, agrees with short-term parking and disagrees with eliminating parking. He noted that there is a business owner around the corner who parks there all day. Selectman George Hines noted that there is a State regulation regarding parking 20 feet from the corner. He suggests marking the spaces, adding the dimensions and enforcing. Lenny Polanski of 14 Chapin Avenue noted that he also has no parking in front of his house and his tenant parks in front. The Town Manager noted that Polanski's site approval states that no parking and landscaping is required. A motion by Hines seconded by Wood to close the hearing on parking regulations on the north side of Chapin Avenue was approved by a vote of 5-0-0 Board of Selectmen Meeting— September 24, 2002 —Page 6 A motion by Schubert seconded by Hines to amend the Town of Reading Traffic Rules and Regulations adopted on July 2002 by adding to Article 5, Section 5.3 the following regulation: "No Parking" on Chapin Avenue on the northerly side between Main Street and Elliot Street, with the exception of the two spaces in front of 4 Chapin Avenue used for deliveries and loading, including striping and posting of 30 minute parking was approved by a vote of 5-0-0. RMLD Governance Advisory Committee — Chairman Dan Ensminger and Members John Carpenter and Doug Cowell were present. Dan Ensminger reviewed what the Committee has done to date and the upcoming schedule. Chairman Camille Anthony asked about the 20 year agreement with the four towns. Dan Ensminger noted that Wilmington had concerns so this agreement was cut so all four towns get payment in lieu of taxes. The Citizens Advisory Board (CAB) was formed at the same time. Chairman Camille Anthony asked why would the other towns have anything to say about the budget. Vice Chairman Matthew Cummings noted because it has to do with rates, expenses and budget. The Town Manager noted that all parties agree that they will all stay in. If a town wants to leave, they must give a 10 year notice. Selectman George Hines noted that we have already signed the 10 year renewal and if there is a change in governance, we will have to honor the 20 year agreement. Dan Ensminger noted that the Reading Municipal Light Board is accountable to the Town of Reading. Selectman George Hines noted that there has been no oversight or accountability by the RMLB. Vice Chairman Matthew Cummings noted that there is nothing"in the 20 year agreement that is a concern. The RMLB says the CAB should replace them and run the RMLD. Chairman Camille Anthony asked what risk the taxpayers have. Dan Ensminger responded that the Town of Reading underwrites everything for the Light Department. He noted that if the Board doesn't set policy, then the General Manager can do whatever he wants. Doug Cowell noted that Chapter 164 is a powerful document. The General Manager is antonymous, the 20 year agreement is strong, and he feels that we need to look at the terminology. Dan Ensminger noted that we can look at changing the name of the title. Selectman George Hines noted that the behavior of the existing Board is enough evidence that they are not serving the Town of Reading. He feels changes need to be made to change the culture. Dan Ensminger noted that they requested the RMLB not hire a General Manager yet, but they voted that they will proceed. Board of Selectmen Meetintr— September 24. 2002 -Page 7 John Carpenter noted that the Chapter 164 interpretations are wildly self-serving. It states that mance bond but their law firm gave misinformation to the General Manager shall post a perfor the RMLB. Selectman Gail Wood asked if the Committee discussed limiting the power of the General Manager with the present RMLB. Dan Ensminger indicated that they did discuss this with the RMLB but the RMLB was not too interested in doing that. Chairman Camille Anthony asked for clip notes for Chapter 164. Dan Ensminger noted that the RMLD Governance Advisory Committee will be back to update the Selectmen on October 8, 2002. The Town Manager noted that if a Charter amendment is needed, then we would have a Special Town Meeting in November. Hearing — Governors Drive Sale of Land — The Secretary read the hearing notice. The Town Manager noted that the Town-owned land on Governors Drive is a potential site for affordable housing. He had talked with the Housing Authority about moving a house but that is not an option. Reading Co-Op paid to have an appraisal done. The appraisal came out to $175,000 for the whole package. The Town Engineer recommends drainage, sidewalk, outlet for pump sumps and an overlay on the street. The cost of the public improvements is approximately $75,000 leaving a net of$100,000. Habitat for Humanity is interested in the property. The Town will also offer 10 feet to the abutting property owner. Tom Garesche' from Habitat for Humanity was present. He noted that they provide houses to individuals who pay for the materials but not the labor. The individual who is purchasing the home would have to put in 500 hours of labor. A garage would be added for storage. Selectman George Hines asked if they would require that it be affordable housing in the deed, and Mr. Garesche' indicated that they would. Selectman Richard Schubert noted that this is an opportunity for the Town to create two affordable housing units and he asked who would be eligible. Mr. Garesche' indicated people from everywhere would be eligible including Reading residents. Mark O'Brien of 20 Governors Drive indicated that Spence Farm and Longwood Poultry Farm will add to the affordable housing and asked if we really need this. Mr. O'Brien noted that he would be on Habitat's side before going to a developer. Selectman Gail Wood noted that the fact the drainage pipe will be installed is a big benefit. She also noted that putting in curbing keeps water in the street. Vice Chairman Matthew Cummings noted that this proposal addresses drainage, provides land acquisition and affordable housing units, and is the least invasive for the neighborhood. Board of Selectmen Meeting September 24, 2002 —Page 8 Selectman Richard Schubert noted that the Selectmen are held accountable for being pro- affordable housing. Donna Shindelman of 16 Governors Drive asked if Habitat gets the project, if the improvements would be done at the same time or would they have to wait. The Town Manager noted that the curbing and drainage would be done up front and the paving would be done later. Rosalind O'Brien of 20 Governors Drive noted that she has volunteered for Habitat in the past. She had concerns about water drainage and asked what it will cost to tie into the drainage line. The Town Manager noted that the Town might be able to work out reimbursement. Mrs. O'Brien thanked the Board for consideration of selling a sliver of land to her, and she would like to have 12 feet instead of 10 feet. A motion by Hines seconded by Wood to close the hearing on Governors Drive sale of land was approved by a vote of 5-0-0. A motion by Cummings seconded by Hines to direct the Town Manager to offer the parcels of land on Governor's Drive for bid subject to the following conditions: ♦ Parcel A be offered for sale only to the abutting property owner; And ♦ Lots 1 and 2 be offered for sale for 1 housing unit each to be developed under a LIP; to be offered for sale to a private, nonprofit corporation with each house to be sold and kept in perpetuity as an affordable housing unit; And ♦ The purchaser of Lots 1 and 2 to develop improvements on Governors Drive including_ granite curbing for the full developed length of Governors Drive on both sides, sidewalk from Melendy Drive to Salem Street on the east side, "behind the curb" drainage via PVC pipe to accept sump pump discharge as required by the Town Engineer; and a pavement overlay of the street as determined by the Town Engineer; ♦ The Town Manager will review other specifics of the RFP with the Board of Selectmen prior to bidding the project. ♦ Once all work is completed, the Board of Selectmen will transfer the ownership of Lot 3 to the Reading Conservation Commission. was approved by a vote of 5-0-0. Hearing — Stop Sign, Winthrop Avenue at Hartshorn Street — The Secretary read the hearing notice. The Town Manager noted that the Parking, Traffic and Transportation Task Force recommends the stop sign at Hartshorn Street and Winthrop Avenue. Selectman Richard Schubert noted that he lives on that street and will abstain from voting. Board of Selectmen Meeting— September 24 2002—Page 9 Lynn Tassinari noted that she has witnessed two accidents in 1990 and 1991, and has repeatedly reported speeding on Hartshorn Street to Police. She also noted that the stop sign on John Carver Road is not effective because of the embankment. She thinks John Carver Road is worse. Selectman George Hines feels that it should be a four way stop. Jonathan Weber of 84 Hartshorn Street noted that he feels a stop sign is needed coming down Winthrop Avenue. He is vehemtly opposed to a stop sign on Hartshorn Street, and noted that people fly down Winthrop Avenue on bikes and cars. Lynn Tassinari noted that she does not want a stop sign on her corner because she just moved her tree. The Town Manager noted that stop signs are installed in pairs. A motion by Hines seconded by Schubert to close the hearing for a stop sign on Winthrop Avenue at Hartshorn Street was approved by a vote of 5-0-0. A motion by Hines seconded by Wood to amend the Town of Reading Traffic Rules and Regulations adopted in July 2002 by adding to Article 6, Section 6.12: Stop on Winthrop Avenue at Hartshorn Street (eastbound) and Stop on Winthrop Avenue at Hartshorn Street (westbound) was approved by a vote of 4-0-1, with Schubert abstaining_ A motion by Hines seconded by Wood to post a hearing for a four way stop at John Carver Road and Hartshorn Street was approved by a vote of 5-0-0. Report on Progress — AT&T Cable — Since there were no representatives from AT&T present, this item will be rescheduled for November 19, 2002. Request of Newcomers and Neighbors Club to Serve Wine at the Reading Senior Center— Kelly Coughlin was present. She is requesting to serve wine at the Newcomers and Neighbors Club monthly meetings at the Senior Center. Chairman Camille Anthony asked if she wants to serve wine at every meeting, and Ms. Coughlin indicated that it would be a handful of times. Selectman George Hines noted that the serving of alcohol in Town buildings is intended for special occasions. Chairman Camille Anthony noted that this is a policy issue and the Board needs discussion on a policy. Selectman George Hines noted that the one day liquor licenses that they grant are on private property. The consensus of the Board was not to allow. Discussion on a policy will be put on a future agenda. Board of Selectmen Meeting— September 24, 2002 —Page 10 Approval of Minutes A motion by Hines seconded by Schubert to approve the revised minutes of May 14, 2002 was approved by a vote of 4-0-1, with Cummings abstaining. A motion by Wood seconded by Hines to approve the minutes of August 13, 2002 was approved by a vote of 3-0-2, with Anthony and Schubert abstaining. A motion by Hines seconded by Schubert to adjourn the meeting of September 24, 2002 at 11:30 p.m. was approved by a vote of 5-0-0. Respectfully s bmitted Secretary