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HomeMy WebLinkAbout2000-07-11 Board of Selectmen Minutes Board of Selectmen Meeting July 11, 2000 The meeting convened at 7:33 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Matthew Nestor, Vice Chairman George Hines (arrived at 8:50 p.m.), Selectmen Sally Hoyt and Matthew Cummings, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Planner Anne Krieg, Public Works Director Ted McIntire, Paula Schena and the following list of interested parties: Steve McCoy, Thad Berry, John Coote, John Jarema, Gladys Cail, Jean Galvin, Attorney Brad Latham, Joe Bouchierre,Ken and Gina Lantz, Paul O'Donnell, John Gall, Peter Tassi. Reports and Comments Selectmen's Liaison Re-oorts and Comments—Chairman Matthew Nestor noted that his thoughts and prayers go out to everyone involved in the Burbank Ice Arena incident. Selectman Matthew Cummings noted that given the Town's financial condition, he would like to visit the trash fee issue before we finalize the revenue part of the budget. Chairman Matthew Nestor agreed and directed the Town Manager to put this on the August 1, 2000 agenda. Selectman Sally Hoyt noted that she attended the RMLD Substation Ribbon Cutting Ceremony, and also attended the Financial Forum. She acknowledged the tragic incident at the ice rink and noted that her thoughts and prayers go out to both families. Public Comment — Chairman Matthew Nestor noted that the Board received a three page transcript from Deb Capabianco of 20 George Street regarding the reappointment of John Coote to the Zoning Board of Appeals. Town Manager's Report The Town Manager noted that there was a Financial Forum meeting last evening. The Finance Committee is meeting with Labor Counsel on August 9th, and they are inviting the Board of Selectmen to this meeting. The Marriott deal is no longer viable. The deal broke down over guaranteeing money to the Reading Housing Authority. There has been interest from other companies for a similar use. The Town Manager asked the Board if they are interested in having a Selectmen's Forum this Summer, and the consensus of the Board.was to wait until October. Selectman Matthew Cummings asked that this year's budget and next year's figures be ready for the September 18, 2000 Financial Forum. Personnel and Appointments Conservation Commission— Steve McCoy and Thad Berry were interviewed for one position on the Conservation Commission. Board of Selectmen Meeting—July 11, 2000—Page 2 On motion by Hines seconded by Cummings, the Board of Selectmen placed the following names into nomination for one position on the Conservation Commission with a term expiring June 30, 2001: Thad David Berry and Steven S. McCoy. Mr. Berry received three votes and Mr. McCoy received one vote and Mr. Berry was appointed. Zoning Board of Appeals—The Town Manager noted that the Selectmen had concerns about the issue of conflict in appointing members of the Zoning Board of Appeals when they are involved in a suit against the ZBA, and whether their appointment would have an affect on the outcome. He checked with Counsel and there is no conflict, and there would be no affect on the outcome of the suit. Chairman Matthew Nestor noted that Deb Capabianco, 20 George Street, submitted a statement regarding the reappointment of John Coote to be included in tonight's record. Chairman Matthew Nestor asked John Coote to comment on the philosophy on ZBA's responsibility to mitigate neighborhood concerns. Mr. Coote noted that the State statute designates what can be considered; i.e., health, safety, design, need for housing, impact on neighborhood. Chairman Matthew Nestor asked John Coote how he viewed the Town's commitment to affordable housing. Mr. Coote indicated that he had asked the Town Manager and Selectman Camille Anthony for information regarding affordable housing and never received anything. He noted that he felt the Town has not been making progress in the area of affordable housing. Chairman Matthew Nestor noted that he disagreed. He indicated that the Selectmen have taken a number of tough votes to put affordable housing in Town. The Cedar Glen development will be remaining affordable housing. Chairman Matthew Nestor noted that very few communities have 10% affordable housing. John Coote noted that the affordable housing at the landfill site fell through. Selectman Matthew Cummings noted that the Selectmen aggressively negotiated affordable housing but Town Meeting didn't want it. Selectman Sally Hoyt noted that she was concerned that the Zoning Board of Appeals didn't take neighborhood issues into consideration, and'she takes exception to the comments that Mr. Coote made about the Selectmen. Chairman Matthew Nestor noted that the negotiations with Marriott broke down because they wouldn't guarantee a payment to the Reading Housing Authority. Chairman Matthew Nestor asked John Coote what the ZBA's role in the comprehensive permit process is. Mr. Coote noted that the ZBA can give a permit for a lesser number of units. They can look at financials provided by the developer. What the Board does is up to the discretion of the Chairman. Chairman Matthew Nestor noted that he disagreed. He indicated that the - Chairman is only in charge of overseeing the proceeding. Board of Selectmen Meeting—July 11, 2000—Page 3 Chairman Matthew Nestor asked if the ZBA had previously approved six units on Linden Street, and then refused to have an equal number of moderate and low income units. Mr. Coote noted that the decision was not made on the number of six units -- they thought it would be better to let the lawsuit prevail. Chairman Matthew Nestor noted that the Reading Housing Authority has withdrawn and it will all be market rate now. The Board interviewed John Jarema for an Associate position on the Zoning Board of Appeals. Selectman Sally Hoyt asked if Mr. Jarema was aware that the Board of Selectmen had recently submitted information on a case, and it was ignored by the Zoning Board of Appeals. Mr. Jarema noted that he was not aware of this situation because he has not been attending meetings due to family medical problems. John Coote noted that he had received a copious amount of information and he read every word. Chairman Matthew Nestor noted that density was a major concern and, to this day, Mr. Coote has no idea what the break even point was. Chairman Matthew Nestor noted that the ZBA never got the facts, and indicated that they cannot be rubber stamping what the developer asks for. Mr. Coote noted that the Selectmen should make that known to the full Board of Appeals. On motion by Hines seconded by Cummings, the Board of Selectmen placed the following names into nomination for one position on the Zoning Board of Appeals with a term expiring June 30, 2003: John A. Coote and John A. Jarema, Mr. Coote and Mr. Jarema both received zero votes. On motion by Hines seconded by Cummings, the Board of Selectmen placed the following names into nomination for one Associate position on the Zoning Board of Appeals with a term expiring June 30, 2003: John A. Coote and John A. Jarema. Mr. Jarema received three votes and was appointed. Recreation Committee—This was postponed until the next meeting. Legal Services Review Committee — The Town Manager noted that the Conservation Commission is recommending Mark Gillis as their representative on the Legal Services Review Committee. On motion by Cummings seconded by Hines, the Board of Selectmen placed the following name into nomination for one position as the Conservation Commission's representative on the Ad Hoc Legal Services Review Committee: Mark Gillis. Mr. Gillis received four votes and was appointed. Discussion/Action Items Recognition of Retiring Volunteers — The Town Manager noted that the Board recognizes past - volunteers who have five or more years of service. Gladys Cail and Jean Galvin were present to receive their Certificates of Appreciation. Board of Selectmen Meeting—July 11, 2000—Page 4 On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to approve a Certificate of Appreciation for Gladys B. Cail who served 14 years on the Council on Aging. The motion was approved by a vote of 3-0-0. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to approve a Certificate of Appreciation for Jean Galvin who served 12 years on the Reading Housing Authority. The motion was approved by a vote of 3-0-0. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to approve a Certificate of Appreciation for Jean B. Krogh who served five years on the Solid Waste Advisory Committee. The motion was approved by a vote of 3-0-0. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to approve a Certificate of Appreciation for Lynda M. Zarrow who served six years on the Solid Waste Advisory Committee. The motion was approved by a vote of 3-0-0. Approval of Stop Sign—Bancroft Avenue at Intersection of Woburn Street—Selectman Matthew Cummings read the hearing notice. The Town Manager recommended approval of the stop sign on Bancroft Avenue at intersection of Woburn Street. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to close the hearing on approval of a stop sign on Bancroft Avenue at the intersection of Woburn Street. The motion was approved by a vote of 3-0-0. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 to include a stop sign on Bancroft Avenue southbound at the intersection of Woburn Street. The motion was approved by a vote of 3-0-0. Approval of Purchase and Sales Agreement with Dickinson - The Town Manager noted that the final contract should be ready to approve next week. Town Planner Anne Krieg was present to review the zoning issues that need a change in the local bylaw. The Town Manager noted that a tentative date for a Special Town Meeting is September 11, 2000. One of the issues that will need to be dealt with is the hours of operation for the cinema. If the cinema starts a movie before midnight, they want to be allowed to finish the movie. Chairman Matthew Nestor noted that he heard some Home Depots are open 24 hours. Attorney Brad Latham noted that Home Depot is not planning on being open 24 hours. Selectman Matthew Cummings asked if the hours of operation will apply to the hotel and restaurant. The Town Manager noted that they were exempt from the requirement. The Town Planner noted that she met with Attorney Brad Latham and the issues of building height, shared parking, one building per lot, signage and hours of operation for the cinema need to be addressed. Board of Selectmen Meeting—July 11, 2000—Page 5 Selectman Matthew Cummings asked if the zoning changes will be made in other parts of Town. The Town Planner noted that it would but the Town could be very site specific. She recommends going with the PUD. Selectman Sally Hoyt asked if the change in zoning would allow for six additional stories over the Home Depot. Attorney Brad Latham indicated that one story is 14 feet and it would equal about nine stories. The Town Manager noted that the Town is the seller and can put conditions on it. The Town Planner noted that the project plan is to build into the embankment. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to direct the CPDC to develop amendment(s) to the Zoning By-Laws—PUD —which will allow the issues raised in the memos from O. Bradley Latham and Anne Krieg for the development of the Reading Business Park as proposed by Dickinson to be addressed through the PUD regulations; and that the proposed regulations be developed and hearings be scheduled so that a Special Town Meeting can be called for September 11, 2000. The motion was approved by a vote of 3-0-0. Beer and Wine Application—Joey B's— Selectman Matthew Cummings read the hearing notice. The Town Manager noted that the law requires that immediate abutters be notified and any churches or schools within 500 feet. Chairman Matthew Nestor noted that he spoke with a representative of the Old South United Methodist Church and they remain neutral. The Town Manager noted that the beer and wine regulations were approved by the Town when it went on the ballot to be used to enhance the Downtown area. Attorney Brad Latham, Joe Bouchierre and his son were present. Attorney Brad Latham reviewed the application for the beer and wine license. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to close the hearing for a Beer and Wine license for Joey B's. The motion was approved by a vote of 3-0-0. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to approve a Beer and Wine license for Joey B's, Inc. d/b/a Joey B's Restaurant at 680 Main Street subject to the following conditions: 1. Section 3.3 of the Board of Selectmen's Policies— Sale of Beer and Wine in Restaurants, all Zoning and other Bylaws and Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts are adhered to; 2. All employees of the establishment involved in the serving of alcoholic beverages shall be trained in TIPS or an equivalent program on the effective date of this license, and new employees shall be trained within 3 months of being hired, and the operator of the establishment will certify in writing to the Town Manager that this condition has been met; 3. There shall be no video gambling machines on the premises. The motion was approved by a vote of 3-0-0. Board of Selectmen Meeting—July 11, 2000—Page 6 Hearing—Compost Center—Mondays through September—Selectman Matthew Cummings read the hearing notice. The Town Manager noted that he had received a number of calls requesting that the Compost Center be open one day during the week. He noted that the neighbors are less concerned about Mondays because most of them are at work and it could lessen the Saturday traffic. The proposal is to be open on Mondays from 8:30 a.m. to 2:30 p.m. during June, July, August and September. Selectman Matthew Cummings asked about the additional coverage, and the Town Manager noted that it will be a senior tax worker. Ken and Tina Lantz of 16 Pilgrim Road noted that they are not available to use the Compost Center on Saturdays, and their neighbors feel pressured that Saturday is the only day that the Compost Center is open. Mr. Lantz is requesting it be open one day during the week, and noted that it will help ease the traffic on Saturdays. Paul O'Donnell of 224 Grove Street noted that he represented the Grove Street residents and they are in opposition of any new hours. He noted that about 600 cars visit the Compost Center on Saturdays. Selectman George Hines arrived at the meeting at 8:50 p.m. Public Works Director Ted McIntire noted that there are usually 700 vehicles on Saturdays. Selectman Matthew Cummings asked if there will be an increase in traffic or will it be shifted around. Ted McIntire noted that he expects a shift in traffic, and would estimate about 100-150 vehicles on Mondays. Selectman George Hines noted that he would like to hear some viable options. Paul O'Donnell suggested having a drop off at the DPW facility. Selectman Matthew Cummings asked if that was possible. The Town Manager noted that the Town would have to get a roll off container which would have to be staffed, and we don't have any money to rent a roll off container. Selectman Sally Hoyt noted that every vehicle that goes in must come out. There is going to be an additional 32 units on Grove Street and this will be an additional burden to the neighborhood. Selectman George Hines suggested having our contractor add it as part of the package. Ted McIntire noted that we don't have anyone to oversee the operation. Selectman George Hines suggested having a sign that says grass clippings and leaves only and if there is a problem, then discontinue. The Town Manager noted that if there is a dumpster there, it will have to be fenced in. Selectman Matthew Cummings suggested doing the Monday drop offs at the DPW facility. Board of Selectmen Meeting, July 11, 2000—Page 7 Ted McIntire noted that it would cost money to do that. We are going out to bid in January and we can make that one of the options. He indicated he would like to talk to other communities. Chairman Matthew Nestor directed the Town Manager to have staff take a look at having a roll off for one day a week for grass and leaves. On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to close the hearing on the Compost Center days of operations. The motion was approved by a vote of 4-0-0. On motion by Hines seconded by Hoyt, the Board of Selectmen voted to approve the addition of the following hours of operation of the Compost Center: Mondays, 8:00 a.m. to 2:30 p.m., June lst through September 30th. Selectman Matthew Cummings suggested stating certain dates and the motion was amended to indicate the year 2000. The motion as amended was approved by a vote of 3-1-0, with Hoyt opposed. Review Schedule and Action Plan — Water Supply - Assistant Town Manager Russell Dean, John Gall from CDM, Water Treatment Plant Supervisor Peter Tassi and Public Works Director Ted McIntire were present. The Assistant Town Manager noted that the Selectmen had asked for an action plan and he is presenting a five part plan. He noted that the MWRA application will be started this month. The bedrock well sites have been identified., David Lee in Public Works will be responsible for the rate study. Ted McIntire will work with the Water and Sewer Advisory Committee on the conservation program. The plant renovation is expected to be operational and compliant by the year 2006. The Assistant Town Manager noted that the full MWRA concept versus the combined Ipswich River and MWRA will determine if an additional storage tank is needed. He noted that the concept of bedrock wells is a front piece. If we can get a good yield, this would change the plan a lot. The Town Manager noted that bedrock wells could be used to reduce the draw on the Ipswich River or allow us to not go to the MWRA. Review/Comment — Comprehensive Permit Application — Grove Street - Town Planner Anne Krieg noted that the ZBA has received an application for 32 units of affordable housing at 443 Grove Street. The ZBA is asking for input from staff. The layout and plan have been reviewed. CPDC denied a waiver and it is in litigation. They are still waiting to received the financials, effect or mitigation to the acquifer protection; the gravel rights issue needs to be resolved; there are drainage issues; the Fire Chief and Town Engineer need to review and CPDC needs to be consulted. The Town Planner noted that the breakpoint is derived from the zoning. The project is planned in the aquifer area which is the Town's water source. Zoning has requirements as to what can happen in the aquifer protection area. Only 20% can be impervious but this requirement gets set aside with a comprehensive permit. The Town Planner also noted that this is a health issue for the Town. The aquifer area recharges the well site. Selectman Matthew Cummings asked who's responsible for monitoring, and the Town Planner noted that it was the ZBA. Board of Selectmen Meeting—July 11, 2000—Page 8 Chairman Matthew Nestor asked how many aquifer protection areas there are in Town. The Town Manager noted that there is one which is equivalent to 1/5 of the Town. The Town Planner noted that no home occupation is allowed in the aquifer protection area -- no buried tanks and no use of salts, fertilizer and pesticide. The Town Manager suggested hiring outside assistance to review the financials. Chairman Matthew Nestor noted the following concerns: ♦ There is a heightened concern for the water supply. ♦ There is an issue with public safety regarding additional traffic that will be generated in an area that already has a horrendous traffic issue with the Compost Center. ♦ There are no sidewalks in the area. ♦ There is a lack of parking spaces. The Town Manager indicated that we can require a full traffic study and view the affect of traffic on emergency vehicles. ♦ The lot coverage issue needs to be addressed. Selectman George Hines noted that the density is severely out of character for the neighborhood. ♦ The gravel rights need to be resolved. The Town Manager noted that Town Meeting approved$7500 per unit. Selectman Matthew Cummings noted that there will be an additional cost on municipal services for water and sewer. The Board directed the Town Manager to draft a letter to the ZBA. Selectman George Hines suggested strongly urging the ZBA to take an appropriate amount of time in making their decision. Selectman Matthew Cummings suggested that they let the legal issue take its course. Finalize Process — Police Chief Hiring — Chairman Matthew Nestor reviewed the issues regarding the process for hiring the Police Chief. The Town Manager noted that he recommends an exam with a pass/fail and assessment center. Selectman Matthew Cummings noted that he agrees to an in-house exam and assessment center but he wants the exam graded and have three candidates. Chairman Matthew Nestor noted that he feels the difference between a 94 and 92 is not significant. Selectman Matthew Cummings noted that someone could have a 94 and someone could have a 70 in the pass/fail situation. Chairman Matthew Nestor noted that he didn't think a test grade was very important. Selectman Matthew Cummings suggested eliminating the exam if it is not going to be graded. This subject will be rescheduled for when there is a full Board present. Board of Selectmen Meeting—July 11, 2000—Page 9 Approval of Revenue Package - The Town Manager reviewed the composite of the proposed f . revenue package. 1. The Reading Access Sticker for depot parking, Compost Center and limited overnight parking at the cost of$25.00 per year ($10.00 for additional family member stickers) will generate approximately $40,000 per year. This will need Selectmen approval and a hearing will be scheduled for October 10, 2000. 2. Non-Resident Depot Stickers will increase from $20.00 per month to $30.00 per month and will generate an additional $3,750 in revenues per year. This will need Selectmen approval and a hearing will be scheduled on October 10, 2000. 3. Employee Depot Parking Stickers will increase from $1.00 per year to $10.00 per year. This will generate an additional $200 in revenue per year. This will need Selectmen approval and a hearing will be scheduled on October 10,2000. 4. A Meeting Room Rental Fee of $10.00 per use for everyone except Town bodies will generate an additional $5,000 per year. The fee and policy will be adopted by the Town Manager and this is scheduled for action on August 30, 2000. 5. The Facility Permit Fee for parks and open space will be $25.00 per event. This will generate an additional $1,000 per year. The fee and policy will be adopted by the Town Manager and this is scheduled for action on August 30, 2000. 6. The Block Party and Street Closing Fee will be $25.00 per event. This will generate an additional $1,000 per year. The fee and policy will be adopted by the Town Manager and this is scheduled for action on August 30, 2000. 7. The Street Opening Fee will be a minimum of $50.00 with a sliding scale. This will generate an additional $5,000. This will need Selectmen approval and a hearing will be scheduled on October 10, 2000. 8. An increase in Dog License Fees from $5/$10 to $10/$20 will generate an additional $8,000 per year. This will require Town Meeting approval in November, 2000. 9. Burning Permit Fees of$10.00 per burning will generate an additional $1,600 per year. This will require Town Meeting approval in November, 2000. The total revenue package generates an additional$65,550. Chairman Matthew Nestor directed the Town Manager to schedule the necessary hearings and put the fees that need Town Meeting approval on the Warrant for the Subsequent Town Meeting. Board of Selectmen Meeting—July 11, 2000—Page 10 BOS Liaison Assignments - The Town Manager noted that staff has asked that the departments stay together. Chairman Matthew Nestor appointed Sally Hoyt as liaison to the Reading Municipal Light Department. The remaining liaison assignments will be made at the next meeting. Approval of Minutes On motion by Cummings seconded by Hoyt, the Board of Selectmen voted to approve the minutes of their meeting of June 27, 2000, as amended. The motion was approved by a vote of 3-0-0. On motion by Cummings seconded by Hines, the Board of Selectmen voted to adjourn their meeting of July 11, 2000 at 11:07 p.m. The motion was approved by a vote of 4-0-0 and the meeting was adjourned. Respectfully submitted, � ,.,... Secreta`�yw�n��P - �