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HomeMy WebLinkAbout2002-10-08 Board of Selectmen Minutes Board of Selectmen Meeting October 8, 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, Conservation Administrator Frances Fink, Town Planner Chris Reilly, Town Counsel John Gannon, Town Manager Peter Hechenbleilcner, Paula Schena and the following list of interested parties: Stephen Kazanjian, Robyn Hayes, Jim and Jeanette O'Rourke, Karen Epstein, June Sanderson, Carla Abate, Catherine Martin, Brian Mahoney, Joan and Steve Pelland, Sue Mickey, Mary Ann Atwood, Caren and Bill Cowie, Tod Jacobs, Troy DiNapoli, Rosetta Barry, Nancy Minichiello, Dana and Jill Hennigar, Lori Grayson, Cheri Crow, Will Finch, Attorney Josh Latham, Attorney Mark Favalaro, Attorney Robert Scarano, Edie Kramer, Laurie Lane, Dan Ensminger, John Carpenter. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman George Hines noted that the 128/I-93 Interchange Committee met last week. The Committee will meet monthly, and they have asked him to be their representative on the task force that the Commissioner of Mass Highway is forming. Selectman Gail Wood noted that she has received letters regarding the Gale Chase Development, and feels that it is one of the worst proposals she's seen in awhile. She also noted that the RMHS Drama Club will be putting on the play"Hello Dolly." Selectman Richard Schubert noted that the Selectmen need discussion on the Ad Hoc Study Group. He feels that one Selectman should represent the Town. He also noted that he attended the walk on South Street and Walnut Street extension. CPDC voted to recommend to Town Meeting, Chairman Camille Anthony reminded people of the Veteran's Dance on November 10`x'. She noted that residents can meet at Bill Brown's house at 28 Martin Road this Saturday morning at 10:00 a.m. regarding the debt exclusion for roads. They will be walking Martin Road, Colburn Road and Arthur B. Lord Drive. She reminded the Selectmen of the MMA Annual Trade Show, and noted that she met with a focus group to come up with ideas on how to get information out to the community. Public Comment - There was no public comment. Town Manager's Report The Town Manager gave the following report: Personnel ♦ Town Manager evaluation process needs to begin. The Board of Selectmen usually establishes a subcommittee to move the process forward. Vice Chairman Matt Cummings and Selectman Gail Wood volunteered to do the evaluation this year. Board of Selectmen Meeting —October 8 2002 —Page 2 ♦ The Board of Selectmen has a copy of my report on the ICMA Conference which I attended last Sunday through Wednesday. I also wanted the Board of Selectmen to know that I am embarking on a process of ICMA Town Manager Credentialing. I began the process which is new starting this past January with an Applied Knowledge Assessment. The process included identification of strengths and areas where improvement is needed. I must then commit to at least 40 hours per year of professional development in order to maintain the ICMA credential. ♦ I participated last Saturday in the Kennedy School's and Ford Foundation's "Innovations in American Government" Program as an evaluator. This involves reading 30 to 40 applications and meeting with a panel to evaluate the nominations. Construction ♦ Haverhill Street reconstruction repaving is under construction. The project, including the sidewalks, will be done before Winter. This project is funded using some of the Town's Chapter 90 funds. ♦ Linden Street sidewalks should be done within a week. This was done with the last sidewalk money appropriated by the Town. ♦ A project for sealing the brick work at Town Hall has been awarded. This project was funded a couple of years ago and has been bid for work this Fall. It is needed to protect the brickwork and included cleaning, pointing and sealing. ♦ The Summer Avenue water main contract has been awarded and work will start on October 15`1,. General ♦ Working with the Chairman of the Board of Selectmen, we have put together a public information process for the Road Improvement Program. This process will include four Saturday tours in different neighborhoods of the Town, and the "Ask the Town Manager" program on Thursday, October 17`x", will be devoted to this topic. Additionally, the Board of Selectmen's Forum on October 30th will focus on this issue. ♦ Can the Board of Selectmen meet on November 4th or November 6th for the purpose of conducting the Tax Classification hearing? ♦ The new traffic regulations on Main/Mill/Pearl Streets are now posted, and the Reading Police Department will be doing warnings and education for a week or two while people get used to the new regulations. ♦ 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. Selectman George Hines noted that rolling stops are epidemic in the community and he requested extra enforcement at the four way stop at Middlesex and High Streets. Proclamations/Certificates of Appreciation Proclamation — Knights of Columbus Tootsie Roll Drive — Several members of the Knights of -- Columbus were present. Board of Selectmen Meeting— October 8 2002 —Page 3 A motion by Schubert seconded by Hines to approve the Proclamation for the Knights of Columbus Weekend for the Phvsicallv and Mentally Challenged Children was approved by a vote of 5-0-0. Discussion/Action Items Focus Group Update — Finance Committee Chairman Catherine Martin and member Karen Epstein were present. Catherine Martin noted that a group of residents met to try to figure out what kind of information the residents need. Karen Epstein noted that there is a lot of information but it is presented in an overwhelming way. They are looking for a simplified way to understand funding. Their goal is to use the information that is available now but in a different format. Catherine Martin suggested a quarterly one page newsletter called "Town Talk." Selectman George Hines noted that this was "deja vu" because the Town Manager did this with "Reading Notes," and this would have to be a volunteer effort. Chairman Camille Anthony suggested putting the newsletter in the water bill. Selectman Richard Schubert noted that some of the ideas have already been tried. He suggested getting someone with expertise -- perhaps have a"marketing committee." Chainnan Camille Anthony asked if the Board had any problem with the group moving forward. Selectman George Hines indicated that the information will have to be sanctioned by Town Government. Vice Chainnan Matthew Cummings suggested asking for e-mail addresses on the Annual Census, The Town Manager noted that the Library does a newsletter and sends it out by e-mail but there is an issue as to whether the addresses become a public record. Hearing — Application for Curb Cut Variances — 137 Main Street (Giacalone) and 143 Main (Avellino) at Tarpin Terrace—The Secretary read the hearing notice. The Town Manager noted that the plans for 137 Main Street have not been approved by CPDC yet because the plans just came in. He also noted that CPDC has approved the curb cut on Tarpin Terrace and curbing on Main Street. Attorney Josh Latham was present to represent Avellino Well. Attorney Latham noted that the current conditions are poor, and Avellino and Pump is doing very well. They are proposing to build the garage for the large trucks, and they have plans on creating landscaping on Main Street. He also noted that the landscaping and drainage will significantly improve the site and all access will be from Tarpin Terrace. He is asking the Selectmen to allow the opening on Tarpin Terrace. Board of Selectmen Meeting- October 8 2002 - Paye 4 He noted that there were no plans to put curbing on Main Street -- they will do landscaping and a retaining wall so there will be no access. The Town Manager noted that CPDC supports the plan with the following three suggestions: (1) that there be curb on Tarpin Terrace near the residential property; (2) that the paved area on Main Street should be landscaped and (3) that curbing be placed on Main Street. Selectman George Hines noted that if Avellino and Pump is doing so well, they should put the curbing in on Main Street and there should be some reduction in the opening. He feels that the Town needs some equal value back in terms of what the property owner is getting. ID Selectman Richard Schubert noted that he agrees with having curb on Main Street but he is not concerned about the size of the opening on Tarpin Terrace. Attorney Latham noted that they want to keep some pavement in front because they might need it in the fixture. He also noted that if they intended to use the front portion, they would have to go back to CPDC. Selectman George Hines noted that past practice was to park vehicles out front for advertising. He also noted that the Board of Selectmen have turned down smaller curb cuts, and the Town could influence Mass Highway to do some curbing. A motion by Schubert seconded by Wood to approve the curb cut variance for 143 Main Street, allowing for a curb cut on Tarpin Terrace of plus or minus 86 feet as indicated on plans dated 10-8-02, and subject to the following conditions: to close the curb on Main Street; provide a sidewalk on Main Street; remove the asphalt in front and replace with landscaping leaving an asphalt walkway of approximately 5 feet and to add bituminous curb on the far end of the property on Tarpin Terrace, was discussed. Vice Chairman Matthew Cummings noted that he will vote against this motion because it is asking too much of the property owner. The motion was approved by a vote of 4-1-0, with Cummins opposed. Attorney Mark Favaloro was present representing the property owner of 137 Main Street. He noted that he just received the plans at 5:00 p.m. today. He also noted that he has an agreement in principle with CPDC, and CPDC wants the curb cut approved by the Board of Selectmen first. The Town Manager noted that CPDC needs to make their approval first. He suggested continuing the hearing until 8:30 p.m. on November 6, 2002. A motion by Wood seconded by Cummings to continue the hearing to November 6, 2002 at 8:30 p.m. was approved by a vote of 5-0-0. Report - RMLD Governance Advisory Committee - RMLD Governance Advisory Committee Chairman Dan Ensminger and member John Carpenter were present. Board of Selectmen Meeting,—October 8 2002 —Page 5 Dan Ensminger reviewed the summary of RMLD governance options. Regarding changing the fiscal year, he noted that changing the financial year would be advantageous. Regarding the audit, the choices would be to keep the auditor appointed by the General Manager, have the same auditor as the Town or have it be part of the Audit Committee's jurisdiction. Vice Chairman Matthew Cummings noted that the RMLD owns Energy New England, and Energy New England and the RMLD have the same auditor. Selectman Gail Wood noted that the option of keeping the auditor appointed by the General Manager should be disregarded altogether. There was much discussion about who serves as the General Manager, who appoints the General Manager, the authority of the General Manager and whether the General Manager should have a contract. The Town Manager noted that some communities have the Town Manager serve as General Manager with a Superintendent appointed by the Town Manager. Dan Ensminger noted that most General Managers in Massachusetts do not have contracts. Vice Chairman Matthew Cummings noted that we can deal with the signing of Warrants in a Charter change. Chairman Camille Anthony indicated that she would like to know what kind of agreements other communities have. Stephen Kazanjian, RMLD Accounting Supervisor, noted that a lot of stringent controls have ID been put in place since Len Rucker has left. He also noted that Vinnie Cameron is challenging everything and the new Board members are checking the Accounts Payable. The Board members have given the Accounting Manager the authority to question. The Town Manager noted that both the Ad Hoc Committee and the Task Force emphasized the quality of the employees and it is a credit to them. Dan Ensminger noted that the Committee will give their final report on October 29, 2002. Continued Hearing — LIP Application — Van Norden Road — Conservation Administrator Fran Fink, Town Planner Chris Reilly, Conservation Commission Chairman Will Finch, Town Counsel John Gannon and Attorney Robert Scarano were present. Chris Reilly reviewed the history of the property. Selectman Richard Schubert noted that the ZBA adopted riles and regulations for Chapter 40B projects. Town Counsel noted that the Housing Appeals Committee recommends that communities adopt their own rules and regulations. i F Board of Selectmen Meeting— October S. 2002 — Page b The Town Manager asked if that process is the same for a LIP as it is for Chapter 40B. Town Counsel noted that the Board of Selectmen is free to adopt rules and regulations because tills Board would be sanctioning the project and the Selectmen should be comfortable with their decision. Vice Chairman Matthew Cummings asked if the site or initial proposal is outside the realm of the good for the community, when can the Selectmen start negotiating. Town Counsel noted that the Selectmen can request the information now. Selectman George Hines asked if the Selectmen can ask other Boards to review the proposal, and Town Counsel noted that they could but the Selectmen make the ultimate decision. Chairman Camille Anthony questioned if the LIP doesn't conform with the Conservation Bylaw, then the Selectmen do not have to waive it. Town Counsel noted that was correct -- there has to be a balance of local need with the housing need. Selectman Gail Wood asked if the Board of Selectmen could require that certain information be submitted before considering the LIP. Town Counsel noted that the Selectmen have a lot of discretion. The ZBA doesn't have their first hearing until all documents are submitted. The Board of Selectmen need to adopt a policy on the LIP process. Conservation Administrator Fran Fink was present. She noted that there are vernal pools -- throughout that whole area. There is no legally defined wetland boundary yet. The applicant needs to get the filing. She also noted that the State protects within the floodplain and central wetlands. West of the property is isolated and possibly subject to flooding. She noted that the Conservation Commission is interested in protecting vernal pools. Frogs lay eggs and turtles breed in vernal pools and then move upland to live so the Conservation Commission protects both. She also noted that the plans show the road is crossing at the wide portion of a stream and a bridge might be needed. Chairman Camille Anthony noted that if the vernal pools are disturbed, then they have to be replicated somewhere else on site. Ms. Fink indicated that was right but it would be difficult because the local bylaw has a 25 foot no disturb area, then add 10 more feet for construction. The plans do not meet the setback requirements. Ms. Fink noted that there will be flooding issues if the drainage is not right. Will Finch noted that the drainage required by the State needs to be maintained or there will be no infiltration and the Town does not have the resources to maintain. Ms. Fink noted that the more impervious cover, the more drainage will be needed. Chairman Camille Anthony noted that this whole area is wet -- the water table is very high. Chairman Camille Anthony noted that the due diligence has not been done on this project. Attorney Robert Scarano indicated that what he gave the Board complies with the statute, and he is not required to bring more to the Board of Selectmen. Board of Selectmen Meeting —October 8 2002 —Paye 7 Town Counsel John Gannon noted that the burden is on the developer to make the Selectmen comfortable. Attorney Scarano noted that he will meet the Conservation regulations. Selectman Richard Schubert noted that the number of units is a struggling point. The previous proposal was for six units. If six units were questionable, then would six plus two affordable units be addressed. Attorney Scarano noted that when the Conservation Commission looked at the first proposal, they were unable to do a study. Attorney Scarano also noted that he faxed out revised plans to the neighbors. Vice Chairman Matthew Cummings asked if the Selectmen received the revised plans, and Attorney Scarano indicated that they did not. Vice Chairman Matthew Cummings noted that the last time Attorney Scarano came before the Selectmen, he was firm on 25 units and he indicated that he would not negotiate with the Selectmen. Selectman Gail Wood noted that wetland issues exist and until he addresses them, there is no way this LIP would be in the best interest of the Town. She indicated that the idea of building in the middle of wetlands is absurd unless he is planning on building houseboats. This project needs to be mutually beneficial. Selectman George Hines asked if the Selectmen agree to join with the project, could they withdraw. Town Counsel indicated that the Selectmen can withdraw at any time. The Town Manager noted that the Selectmen don't have the basic information to know if they want to join or not. The property has never been permitted. Six units was the closest thing that came to be permitted. Selectman Richard Schubert noted that the Selectmen received correspondence regarding a bond taking on a project in Billerica. He also noted that this is a messy situation and he doesn't want to go in with that kind of history. Attorney Scarano noted that bond taking involves $2500 for offsite improvements and that Boards do things that make applicants mad. The Town Manager noted that there has to be a process to identify information to go forward and determine if we want to entertain workshops. A motion by Hines seconded by Schubert to continue the hearing to November 19 2002 at 8:30 p.m. and have staff develop a process, including abutter input, for evaluation of information from the developer was approved by a vote of 4-1-0, with Cummings opposed. Close Warrant — November 5 State Election - The Town Manager noted that Question 4 on the ballot is the debt exclusion for the roads in Reading. A motion by Cummings seconded by Hines to close the Warrant for the November 5 2002 State Election to take place from 7:00 a m to 8.00 p.m. at the Hawkes Field House 62 - Oakland Road was approved by a vote of 5-0-0 Board of Selectmen Meetin-,—October 8, 2002 —Paize 8 Approval of Minutes A motion by Hines seconded by Schubert to approve the minutes of August 21, 2002, as amended, was approved by a vote of 5-0-0. A motion by Hines seconded by Schubert to approve the minutes of August 28, 2002 was approved by a vote of 5-0-0. A motion by Hines seconded by Schubert to approve the minutes of September 10, 2002 was approved by a vote of 5-0-0. A motion by Hines seconded by Schubert to approve the minutes of September 24, 2002, as amended, was approved by a vote of 5-0-0. A motion by Cummings seconded by Hines to adjourn the meeting of October 8, 2002 at 11:20 p.m. was approved by a vote of 5-0-0. Respectfully ubmitted P&.4 , Secretary