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HomeMy WebLinkAbout2002-12-17 Board of Selectmen Minutes Board of Selectmen Meeting December 17, 2002 The meeting convened at 7:00 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, Superintendent of Schools Dr. Harry Harutunian, Town Engineer Joe Delaney, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Ellen Mounteer, Lori Vinciguerra, Richard Davidson, Linda and Gary Phillips, Alex Carr, Paul Guerrette, Lisa Cormier, Karen Cullan, Frank Orlando, Mary Bishop, Rob Spadafora, Christine Ford, Merel Abruzzese, Sid Bowen, Russ Graham, Pete Dahl, John Russo, Carl McFadden, Tim Twomey, Susan Cavicchi, James Mulvey, Marc Dumas, Dennis Anderson, Lyna O'Brien, Will Finch, Kathy Guyott, Judy Castelluccio, Tina Brzezinski, Joanne Metzger, Robert Antonucci, Attorney Mark Gallant. Discussion/Action Items Review Proposed Special Election re: School Projects — Superintendent of Schools Dr. Harry Harutunian, School Committee Members Pete Dahl, John Russo, Carl McFadden, Tim Twomey and Susan Cavicchi, School Building Committee Chairman Russ Graham and Architect Sid Bowen were present. Russ Graham called the meeting of the School Building Committee to order at 7.07 p.m. Sid Bowen noted that he reviewed the two schedules last week comparing an April 8th Election versus a February 25th Election. The April 8th Election would only give an architect one month to prepare everything to be submitted to SBAB. Mr. Bowen reviewed a checklist of 29 items that SBAB requires upon submittal. He noted that approval of the Historical Commission and Conservation Commission are required. The High School project is adjacent to wetlands and will require Conservation Commission approval. He indicated that it is not safe to count on the project going before the Commission just once. He also noted that one month is not enough time for Historical Commission review. MEPA review is also needed. Selectman Gail Wood asked if the Conservation Commission can make a recommendation on schematic designs. Mr. Bowen indicated that they would not be able to give order of conditions but they could submit a letter indicating that it is an approvable project. Selectman Richard Schubert asked about 925 —Preventive Maintenance Plan. Mr. Bowen noted that is not a detailed plan -- it is asking for the percentage of budget that goes to building maintenance. Vice Chairman Matthew Cummings asked if this becomes the threshold for what has to be spent on maintenance, and Mr. Bowen indicated that he didn't know but the new regulations encourage maintenance. Chairman Camille Anthony asked if the School Building Committee should meet with the Conservation Commission and Historical Commission now. Russ Graham noted that they don't have enough information right now. Mr. Bowen noted that the plans will be ready by January -- 10, 2003. Board of Selectmen Meeting—December 17, 2002—Page 2 Elementary School The Town Manager noted that the proposal is from the School Committee to put this on the Special Election. - Sid Bowen noted that the issue is that this is out of litigation and they are ready to move forward. Town Meeting action and a Special Election is needed for a $2.5 million override. The intent is to bring the school on line in September 2004. Mr. Bowen noted that if it is approved at a Special Election on February 25th, then we could bid the project before the Election and have the bids submitted on March 5th, begin construction in April, and be done for school opening in September 2004. If the Town waits until April, the building will be vacant for nine months. Gary Phillips of 42 Willow Street asked if $2.5 million is an adequate amount. Mr. Bowen indicated that it is a best estimate but we won't know for sure until the bids come in. The Town Manager reviewed his memo regarding the pros and cons of having a Special Election, and indicated that he is in favor of having a Special Election. Vice Chairman Matthew Cummings thanked all of the people who have contacted him. He indicated that he had concerns about the operating budget shortfall and the ability to staff the new school. He also has concerns about disenfranchising the "snowbirds" from the process. He noted that this is an important project and we need to come to closure immediately. He will support a motion to convene a Special Election. - Selectman George Hines noted that he doesn't think the community will embrace this project. He also noted that the messages from the vote was to renovate the High School and the project as proposed doesn't meet that criteria— it is 56% new and 44% renovation. He will not support a motion for the Special Election. Selectman Gail Wood noted that she does not like Option 3 and it is also the highest cost option. She is not convinced that the submittal cannot be done by June 1st. She also noted that there is no money to staff and this could end up being an empty school in 2004 but if it should open, she feels it should open in September. Selectman Richard Schubert noted that there are deadlines that need to be met. Cummings moved and Schubert seconded to take the motion off the table. Cummings moved and Anthony seconded that the Town, subject to the vote and funding of Town Meeting, hold a Special Election on February 25, 2003 for the purpose of addressing the school capital needs for the elementary school and Reading Memorial High School projects was approved by a vote of 4-1-0,with Hines opposed. Close Warrant — January 13, 2003 Special Town Meeting — The Town Manager reviewed the Warrant Articles. He noted that there has been talk about a Preamble, and a Preamble is up to the person making the motion but would essentially make Town Meetings' vote not subject to a referendum. Board of Selectmen Meeting—December 17, 2002—Page 3 Bill Brown of 28 Martin Road noted that if anybody invokes a Preamble, he will take them to court. A motion by Schubert seconded by Wood to close the Warrant consisting of seven Articles for a Special Town Meeting to be held on January 13, 2003 at 7:30 p.m. in the Reading Memorial High School Auditorium, 62 Oakland Road, Reading, Massachusetts was approved by a vote of 5-0-0. The School Building Committee adjourned at 8:45 p.m. Hearing Approval of 24 Hour Sales — 87 Walkers Brook Drive — The Secretary read the hearing notice. Attorney Mark Gallant was present representing Motiva Enterprises, LLC. He noted that with the exception of three days in July when there was a problem with the pressure system, they have been in total compliance. The Town Manager noted that the property has been approved through site plan approval for reconstruction. Conservation Commission Member Will Finch was present. He noted that a notice of intent was filed with the Conservation Commission to do repaving and put in new pumps. Soil contamination was found and the notice of intent was withdrawn. Motiva is not moving forward with the cleanup. Attorney Gallant noted that Motiva has a hold on all projects at this time. It is a funding issue at a national level. He noted that Motiva's environmental department will deal with this issue. The Town Manager suggested issuing the license for three to six months so we could get more information and a response from Texaco. A motion by Cummings seconded by Wood to close the hearing on the 24 hour sales at 87 Walkers Brook Drive was approved by a vote of 5-0-0. A motion by Hines seconded by Wood to approve an application for 24 hour sales bx Motiva Enterprises, LLC d/b/a Reading Texaco Station at 87 Walkers Brook Drive, upon a finding that, in accordance with Section 5.10.1 of the General Bylaws, the Board determines that: ♦ it is in the interest of the public health, safety and welfare to permit such operation; and there is no detrimental effect of such operation on the Town or the immediately abutting neighbors; and ♦ subject to the following conditions: -- 1. The approval expires at midnight,June 30, 2003; 2. All signs shall conform with the Zoning By-Laws of the Town of Reading; 3. The menu of food to be covered by the Common Victualler's License shall be limited to those items specified in the license application; Board of Selectmen Meeting—December 17, 2002—Page 4 4 The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 5 The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 6 The operator will provide gas cans for motorists who run out of gasoline on the road; 7 The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 8. Bathroom facilities shall be open 24 hours a day. was approved by a vote of 5-0-0. Report on Storm Water Management Program — Town Engineer Joe Delaney was present. He reviewed what the Ad Hoc Storm Water Management Advisory Committee has done to date. He indicated that they need guidance on the permit application. The initial focus is on the best management practices and comparing them with what we do now. He has attended seminars and workshops. The concern is that if the Town commits to something, then we have to do it. Some of the items have budgetary impact so we might not want to take credit for everything that we are doing. He noted that the household hazardous waste collection is done twice a year — we may want to commit to one time a year in case funding is cut. The SWMAC is recommending that we commit to do only things that are absolutely necessary. Chairman Camille Anthony asked what is the mission of the program. Joe Delaney indicated that it is to improve water quality. The Town Manager asked if there was a distinction between what is in the plan and what the - Town does. Mr. Delaney noted that Reading is doing a responsible job. Selectman Gail Wood noted that communities who do a good job don't get money. She also noted that the SWMAC wants to commit to do low cost items, and storm drain stenciling could be done on a volunteer effort. The Board directed the SWMAC to commit to the minimum but do as much as possible. Process to Consider Request for Snow Plowing; — Back Bay Court — The Town Manager noted that the Selectmen received a letter from three Back Bay Court residents requesting the Town to plow their street which is privately owned. Robert Antonucci of 11 Back Bay Court noted that there is a problem with the Town plowing in the end of their road after they have paid to have it plowed. He indicated that it would only take the Town about 8 minutes to plow their street and that would take care of their problem. It is very expensive to pay someone to come and plow their street. Selectman Richard Schubert noted this is a similar issue as trash pick up for condos. If they approve, then everyone else in this situation will come forward. Board of Selectmen Meetinsz—December 17, 2002—Paye 5 Christine Shaw noted that she recently moved to Reading. She is an active tax payer and pays taxes on the street, where other people pay taxes up to the sidewalk. She is requesting the Town to consider Back Bay Court as a residential Street. Selectman Gail Wood noted that she pays taxes on the street because she owns the street and can prevent people from coming down that street. She is experiencing the same problem as other residents who get their driveways plowed in from the plows. She also noted that Ms. Shaw can park on her street when other people in Town cannot. Selectman George Hines noted that the property wouldn't have been developed if it was a public way, and suggested that they negotiate a better deal with the plow driver. The Town Manager noted that this street is considered a driveway. It is a narrow road with shorter setbacks. If it was to become a public way, it would change the whole make up of the street. The residents of Back Bay Court decided not to pursue the matter any further. There was discussion among the Board about the PUD process and property owners coming back to the Selectmen with such requests such as snow plowing and trash removal. Discussion with CPDC will be scheduled on a Selectmen's Agenda. ........_... Review/Award Bid — Sale of Land — Governors Drive — The Town Manager noted that the bid was advertised and we received one bid from the O'Briens. He recommends awarding the bid. Selectman George Hines noted that since the O'Briens have been so cooperative, the Board will accept the bid for the minimum that was advertised. A motion by Hines seconded by Wood to award the bid for the sale of a 1000 square feet of land representing a portion of Plat 93 lot 45 to Mark O'Brien of 20 Governors Drive for the sum of$1990 in accordance with the bid received on December 16, 2002 at 10:00 a.m., and in accordance with the terms and conditions of the bid advertisement; and that the Town Manager is authorized to prepare all papers and other documents to effectuate this sale was approved by a vote of 5-0-0. Review Status of Action Status Report—The Board reviewed the Action Status Report. A motion by Hines seconded by Cummings to adjourn their meeting of December 17, 2002 at 10:55 p.m. was approved by a vote of 5-0-0. Respectfully submitte , Secretary