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HomeMy WebLinkAbout2000-05-02 Board of Selectmen Minutes Board of Selectmen Meeting May 2,2000 The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor arrived at 7:30 p.m., Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen, Craig MacDonnel from Keegan, Werlin and Pabian, Town Planner Anne Krieg, Personnel Director Carol Roberts, Elder Services Administrator Lois Bond, Health Administrator Jane Fiore, Paula Schena and the following list of interested parties: Gary Phillips, Michael Lucey, Robin Fainighetti, Paul and Nicole Jackson, Stephen Crook, John and Kathy Welsh, Reverend Jean Russo-Parks, Kim Honetschlager, William Lavoie, Peter Simms, Anne Doyle, Jim Valentine, Don Cowen. On motion by Cummings seconded by Anthony, the Board of Selectmen voted to go into Executive Session for the purposes of strategy with respect to litigation: Cedar Glen; strategy with respect to purchase or sale of real estate — Reading Business Park; approval of minutes to come back into Open Session at approximately 7:30 p.m. On a roll call vote, Hoyt, Cummings and Anthony voted in the affirmative and the motion was carried. The Board of Selectmen reconvened in Open Session at 7:45 p.m. Reports and Comments Selectmen's Liaison Reports and Comments—Selectman Camille Anthony noted that she took a tour of the RCTV Studio on Saturday. She called the Zoning Board of Appeals regarding having a workshop on affordable housing. Vice Chairman Matthew Nestor and Selectmen George Hines and Matthew Cummings had no report. Chairman Sally Hoyt noted that she attended the groundbreaking ceremony at Austin Prep. She also attended a reception for our State Legislators and thanked businesses for their support. Public Comment—Gary Philips, Precinct 6, noted that he has legal concerns regarding the result of the vote on Article 16. He is questioning the legality of the lease of the school property. Vice Chairman Matthew Nestor noted that he appreciates Mr. Phillips' comments but the Selectmen had already researched the legality of this issue, and he noted that the Selectmen cannot undo Town Meeting votes. Town Counsel H Theodore Cohen noted that the Department of Revenue indicated that Town Meeting had to approve the leasing of the school property. He also noted that it will come back to Town Meeting on an annual basis for renewal. Board of Selectmen Meeting—May 2, 2000—Page 2 Mr. Philips asked if Town Meeting will be approving the lease this year. Town Counsel noted that the motion authorizes the Board of Selectmen to enter into a lease for FY `00 and FY `01. Town Manager's Report The Town Manager gave the following report: ♦ The Compost Center opened April lst and will be opened Friday, Saturday and Monday through May in accordance with the schedule that is advertised on Channel 22. ♦ Spring curbside leaf collection is the week of May 8th on the regular collection day. e This week, the week of May 1St, is the Town's annual curbside bulk waste collection program. The next household hazardous waste collection program will be on May 201h from 9:00 a.m. to 1:00 p.m. at the Reading DPW. o Federal Census forms have been mailed out. It's not too late to respond. If you haven't responded, Census Enumerators will be out in the community visiting you to get the information that is required. Reading has an excellent response rate— 82%. Selectman George Hines noted that census takers are instructed not to go into people's homes and to ask for social security numbers. o The Town is beginning the process of soliciting volunteers to fill a number of positions— information is available in the Town Clerk's Office, including a list of the Boards/ Committees/Commissions and an application form. There are several current vacancies. ♦ The Legal Services Review Committee will be meeting Thursday before Town Meeting. o Town Meeting's 4th session this Spring will be held on Thursday—the remaining business is the 2001 budget. ♦ All residents are invited to a kick-off reception on a Diversity and Inclusiveness Program next Monday, May 8th, at the Parker Middle School—7:30 p.m. to 9:30 p.m. The U.S. Department of Justice is assisting the Town in this process whose purpose is to involve the entire community in exploring these issues and developing a community strategy to address diversity and inclusiveness. ♦ The Finance Committee voted unanimously last evening not to recommend the Water and Sewer budgets as recommended by the Board of Selectmen, with the extra funding for 6 times a year billing instead of the quarterly billing we now provide. The Town Manager noted that the Cedar Glen Limited Partnership has appealed their excise tax claiming that they have been paying in excess of what they should have paid. The Selectmen have negotiated a settlement with them. On motion by Cummings seconded by Hines, the Board of Selectmen voted to approve a settlement of litigation with GR Cedar Glen Limited Partnership consistent with the intent of the settlement presented to the Board of Selectmen and the Board of Assessors dated May 2, 2000 provided that the provision be made that the money be held in escrow until the agreement.has been approved by the Department of Housing and Community Development. The motion was approved by a vote of 5-0-0. Board of Selectmen Meeting=May 2,2000—Page 3 - Selectman Matthew Cummings noted that the Board of Selectmen is reconsidering their designating Lincoln Properties as the developer of the Reading Business Park because Town Meeting did not approve the zoning to allow residential per Lincoln's proposal. The Selectmen are following Town Meetings action. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to reconsider their previous motion of March 8, 2000 to award the sale of the Reading Business Park to Lincoln Properties. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Nestor, the Board of Selectmen voted to designate Dickinson Development as the designated purchaser of the Reading Business Park site; the Dickinson Development is to consist of a Home Depot, multiple screen cinema, hotel and restaurant and office space. The Town Manager, Town Counsel and Selectman Matthew Cummings are designated to negotiate a Purchase and Sales Agreement for this site within the next 30 days. The motion was approved by a vote of 5-0-0. The Town Manager noted that the Library is in the process of hiring the Circulation Head, and they are requesting the Selectmen's approval to hire at Step 9. Selectman George Hines asked Acting Library Director Diane Young if the candidate is aware that he/she will have only one step to move to, and Ms. Young noted that candidate was aware. On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve the ry appointment of the Circulation Head at the Reading Public Library to be hired at Step 9 pursuant to the Personnel Policies. The motion was approved by a vote of 5-0-0. Proclamations/Certificates of Appreciation Certificate of Appreciation — Dick Howard — On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve a Certificate of Appreciation for Richard Howard for being honored by the Boy Scouts of America in their "Salute to Service" Program. The motion was approved by a vote of 5-0-0. Proclamation— Day of Recognition for Reading Senior Citizens — Elder Services Administrator Lois Bond was present. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to approve the Proclamation proclaiming May 10, 2000 as a Day of Recognition for Reading Senior Citizens. The motion was approved by a vote of 4-0-1, with Hines abstaining. Proclamation — Diversity Program — The Town Manager noted that he will be distributing this Proclamation to the Clergy in Town. Rev. Jean Russo-Parks, Robin Famaghetti and Kim Honetschlager were present to show their support for the program. The kick-off program is scheduled for Monday, May 8"' at the Parker Middle School. On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve a Proclamation proclaiming May 8, 2000 as "Diversity and Inclusiveness Awareness Day" in the t Town of Reading. The motion was approved by a vote of 5-0-0. Board of Selectmen Meetin—MMU 2, 2000—Page 4 Certificate of Recognition—Daniel J. Nicholson—The Town Manager noted Daniel J. Nicholson is a former resident of Reading and a graduate of Reading High school. The U.S. Navy League is honoring Mr. Nicholson at a ceremony this weekend. On motion by Hines seconded by Cummings, the Board of Selectmen voted to approve a Certificate of Recognition for Senior Chief Quartermaster Daniel J. Nicholson USN as the "1999 Senior Enlisted Member of the Year." The motion was approved by a vote of 5-0-0. Personnel and Appointments Legal Services Review Committee — Town Meeting Member Stephen Crook was present for an interview. On motion by Cummings seconded by Nestor, the Board of Selectmen placed the following name into nomination for one position as the Town Meeting Representative on the Legal Services Review Committee: Stephen L. Crook. Mr. Crook received five votes and was appointed. Discussion/Action Items Application Peddler's License — Sasse — Paul and Nicole Jackson were present. They indicated that they operate the accessory store at 75 Haven Street, and they want to sell slush in front of the store. Selectman Camille Anthony noted that the Police Department states that they must keep the sidewalk clear. The Town Manager noted that most of the sidewalk is actually on private property. Mr. Jackson noted that they will be using five feet of the sidewalk. On motion by Cummings seconded by Hines, the Board of Selectmen voted to approve a Peddler's License allowing Sasse to sell slush in front of 75 Haven Street, subject to the following conditions: ♦ No signs will be permitted advertising the business other than what is permitted by the Zoning By-Law; ♦ All health permits will be received prior to opening; ♦ The operator will be responsible for all rubbish generated by the operation, and shall dispose of the rubbish at his/her own expense; ♦ The operation will be contained entirely on the property at 75 Haven Street, and will not be conducted on the public way or walkway; ♦ Disposal of materials shall be conducted on site, and will not use public property for this purpose. The permit will expire 12-31-00, and is for the purpose of the slush cart only. The motion was approved by a vote of 5-0-0. Review of Survey with Substance Abuse Prevention Advisory Council — The Town Manager noted that Selectman Matthew Cummings requested that this be put on the Agenda. Health Administrator Jane Fiore was present. She noted that the first survey was done in the Spring of 1998 and was used as a baseline. Grades 7 through 12 will receive the survey. Board of Selectmen Meeting—May 2, 2000—Page 5 The 7th and 8th graders will receive a different survey than the others. Ms. Fiore noted that the Council is not interested in prying into people's lives -- they want to use the information as a tool. Selectman Matthew Cummings asked how it was decided that the school would be the distributor of the survey, and asked if the information could be gotten privately through other agencies. Ms. Fiore noted that she looks to ambulance runs, hospitals, emergency rooms and the Police Department for information. She noted that this information shows actual occurrences and her goal is prevention. Selectman Matthew Cummings noted that he felt the scope of questions is-appalling for middle school children, and he asked if the survey is being sent to the parents. Ms. Fiore indicated it is not but the letter that the parents receive has sample questions on it. Parents may also exempt their child from taking the survey. Selectman Matthew Cummings indicated that he felt parents should be giving permission to take this survey, and he has a problem with it being distributed by the schools. Ms. Fiore noted that the Principals at the schools are interested in the information that comes from the surveys. Vice Chairman Matthew Nestor noted that there are a lot of external forces that we have no control over that could be influencing the behavior; i.e., questions about whether kids have held a gun— some kids go hunting. He indicated that he is not convinced that a survey is needed to tell -- us kids are using drugs. The Town Manager noted that the Substance Abuse Prevention Advisory Council is trying to be proactive. Selectman Matthew Cummings asked where the oversight of the Substance Abuse Prevention Advisory Council lays. The Town Manager noted that the Board of Selectmen makes the appointments to the Substance Abuse Prevention Advisory Council, and the school portion of their work is overseen by the Superintendent of Schools. Cummings moved and Nestor seconded to direct the School Department to work with the Substance Abuse Prevention Advisory Council to find an alternative means of distribution of the survey. Ms. Fiore noted that this is on the School Committee Agenda for May 15, 2000. Vice Chairman Matthew Nestor suggested tabling the motion until after the May 15th meeting. Selectman Matthew Cummings withdrew the motion. Selectman Matthew Cummings noted that he has concerns about the School Department being used as the distributor, the phrasing of the questions, and the issue of the parental role in opting in or opting out. Board of Selectmen Meeting-Mav 2, 2000-Page 6 Vice Chairman Matthew Nestor noted that he favors the opting in strategy. He finds the language is problematic, feels the committee should look at the way that data is collected and suggested that external factors need to be considered. He also noted that he has less of a problem with the School Department distributing the survey as long as parents have to opt in and know what they are signing. Anne Doyle of 111 Red Gate Lane noted that she had talked to scores of parents. A significant number of parents think the survey is ridiculous and feel that it is harming the children. She noted that the same questions are asked over and over again, and the children are not given the option of skipping a section. She also noted that she e-mailed the survey to 35 people, and 34 of them said they did not want their children taking the survey. Selectman Matthew Cummings noted that question #73 regarding condom distribution violates the school policy, and question #75 asks how many times the student has been pregnant. He noted that if a student is answering questions and another student grabs the survey away, it could be a privacy issue. Ms. Fiore noted that there are trained people who monitor the process. On motion by Cummings seconded by Anthony, the Board of Selectmen voted to direct the Substance Abuse Prevention Advisory Council that until the Substance Abuse Prevention Advisory Council, the. Selectmen and School Committee can meet jointly and hold public hearings, the Substance Abuse Prevention Advisory Council delay distribution of the survey. The motion was approved by a vote of 5-0-0. Hearing-Approval of the Classification and Compensation Plans-FY2001 - Secretary George Hines read the hearing notice. Personnel Administrator Carol Roberts was present. She noted that the major changes were done in FY 2000 and this FY 2001 plan finishes the plan. The Town Manager noted that the compensation plan changes 2%. Selectmen Matthew Cummings asked if the $8,900 was part of this, and the Town Manager indicated that it was. Selectman Camille Anthony noted that she has a problem with nobody in Grade 1. The Personnel Administrator noted that surveys of other communities are done, and job descriptions are updated as part of the study. Selectman George Hines asked if we could lobby MMA to undertake this project, and Ms. Roberts noted that MMPA puts out a book but it is difficult to use for positions such as clerical because there is no job description. On motion by Anthony seconded by Hines, the Board of Selectmen voted to close the hearing on the approval of the Classification and Compensation Plans for FY 2001. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve the Classification and Compensation Plans for FY 2001. The motion was approved by a vote of 5=0-0. - Board of Selectmen Meeting—May 2, 2000—Page7 Hearing—Parking Regulations on Union Street- Secretary George Hines read the hearing notice. The Town Manager noted that people are parking up to the stop sign and the Police would like to see no parking for 120 feet from the corner. Selectman George Hines asked what the State requirements were, and the Town Manager noted that he thought State regulations require 25 feet from the corner. Selectman George Hines noted that he feels 120 feet is excessive because it will eliminate four to five parking spaces. Jim Valentine of 166 Woburn Street noted that people need to be reminded of the 25 foot setback. John Welsh of 29 Union Street noted that the width of the roadway is too narrow; tractor trailer trucks park on Union Street when they are making deliveries to the paint store and people use Union and John Streets as a shortcut to avoid the lights. He also noted that the new Police Station is very nice. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to close the hearing on the parking regulations for Union Street. The motion was approved by a vote of 4-0-1, with Hines abstaining. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve "No Parking Anytime" on the northerly side of Union Street from the intersection of Hamden Street in an easterly direction for approximately 120 feet. The motion was approved by a vote of 5-0-0. Hearing—Parking Regulations —Pleasant Street— Selectman Camille Anthony read the hearing notice. The Town Manager noted that this is to change the parking regulations in front of the old Police Station. It will change the parking to two hour parking 8:00 a.m. to 4:00 p.m. from Middle Street to the old Police Station driveway. Don Cowan, owner of A Plus Printing, asked what the posting is now. The Town Manager noted it is 15 minutes. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to close the hearing on the parking regulations for Pleasant Street. The motion was approved by a vote of 4-0-1, with Hines abstaining. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve "Two Hour Parking, 8:00 a.m.-4:00 p.m., Monday through Friday on the south side of Pleasant Street from the old Police Station driveway through the intersection of Middle Street. The motion was approved by a vote of 4-0-1, with Hines abstaining. Selectman George Hines left the meeting at 10:15 p.m. Hearing — Parking Regulations on Wenda Street— Selectman Camille Anthony read the hearing notice. The Town Manager noted that the residents are requesting resident permit parking on both sides of the street. Board of Selectmen Meeting May 2, 2000—Page 8 Jim Valentine noted that people are parking too close to the corner and too close to the driveways. He noted also that there use to be signs regarding parking on Saturday and Sundays during Mass, and those were knocked over and never replaced. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to close the hearing on the parking regulations on Wenda Street. The motion was approved by a vote of 4-0-0. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to approve resident parking permit only, 6:00 a.m.-10:30 a.m., Monday through Friday, on the east and west sides of Wenda Street. The motion was approved by a vote of 4-0-0. Hearing — Parking Regulations — Harrison Street from Salem to Orange — Selectman Camille Anthony read the hearing notice. The Town Manager noted that the Police are requesting to have the same regulation all the way down the street. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to close the hearing on parking regulations on Harrison Street. The motion was approved by a vote of 4-0-0. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to approve the No Parking, 4:00 p.m.-8:00 p.m., April through August, on the east side of Harrison Street from Salem Street to Charles Street. This regulation incorporates the previously approved regulation from Orange Street to Charles Street. The motion was approved by a vote of 4-0-0. Hearing — Downtown Parking Regulations — Selectman Camille Anthony read the hearing notice. Town Planner Anne Krieg noted that a parking strategy plan was introduced to the Selectmen last Spring. The plan recommends changing from three hour parking to two hour parking in the "CVS" parking lot, and to change to 30 minute parking on Haven Street from Reading Co-Op to Linden Street. The Town Manager noted that the Hamden Yard parking lot and the old Police.Station parking lots will also need to be regulated in the near future. Selectman Camille Anthony noted that getting a parking space on Haven Street is getting tougher. She also noted that Hair Plus has a big problem -- women are getting tickets and the owner is paying them. Town Planner Anne Krieg noted that the goal is to provide long term parking off the street and short term parking on the street. Don Cowan, owner of A Plus Printing, noted that he did a survey and suggested not regulating the old Police Station parking lot until it is built. Elder Services Administrator Lois Bond noted that staff people are being added to the Senior Center and parking will be needed. Board of Selectmen Meeting=May 2, 2000—Page 9 Peter Simms, President of the Chamber of Commerce, noted that Haven Street business owners are okay with the proposed parking regulations. He indicated that there is less parking in Downtown today than there was six years ago, and noted that the Police Officers are taking up the parking spaces at the Hamden Yard parking lot. The Town Manager noted that he disagreed with Mr. Simms - there is more parking now in Downtown than there was six years ago. On motion by Cummings seconded by Nestor, the Board of Selectmen voted to close the public hearing on parking regulations for downtown Reading. The motion was approved by a vote of 4-0-0. On motion by Cummings seconded by Nestor, the Board of Selectmen voted to approve the following parking regulations for Downtown Reading: ♦ "Upper lot west of Main Street between Woburn and Haven Streets"— 120 minutes 8:00 a.m. to 4:00 p.m., Monday through Friday s Haven Street—north and south sides—from 180 feet east of Sanborn Street westward to the intersection of Linden Street—30 minute parking 8:00 a.m. to 4:00 p.m., Monday through Friday. The motion was approved by a vote of 4-0-0. Review Senior Center Staffing — The Town Manager noted that the Board of Selectmen had identified a need to provide staff at the Senior Center for security issues and for programming. Elder Services Administrator Lois Bond was present. She noted that staffing is at the Senior Center from Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays from 9:00 a.m. to 2:00 p.m., and the hours for the Meals on Wheels Coordinator has been expanded so that she is coordinating the meal site. The Board of Selectmen thanked Lois Bond for the update on the Senior Center. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to adjourn their meeting of May 2, 2000 at 11:05 p.m. The motion was approved by a vote of 4-0-0. Respectfully submitted, Secretary