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HomeMy WebLinkAbout1998-04-21 Board of Selectmen Minutes Board of Selectmen Meeting April 21, 1998 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 Bruce MacDonald, Secretary Sally Hoyt, Selectmen George Hines and Matt Nestor, Town Manager Peter Hechenbleikner, and the following list of interested parties: Bill Brown, William Lavoie, Phil LeBlanc, Ted McIntire, Deirdre Hanley, Robert Jutras, Marie Jutras, Ann Gentile, Nancy Eaton, Rosemarie Anderson, David Tanner, Cathy Waddington, Joan Lepore, Mary Jane Quinn, Joseph Lusk, Leo Meuse, John Whalen, Kim Honetshlaeger, Glen Barrett, John Woodman, Will Finch, Don Allen, Mary Connors, Jim Blomley, Paul Dustin, Brett Donham, Paul French, Aileen Barrett, Richard Moore, Matt Lordan, Gretchen Bome, Peter Seigal, Rev. Robert Sweet. The Board had held a reception for the Adopt-An-Island Program from 7:00-7;30 p.m. in the Conference Room at Town Hall. Proclamations/Certificates of Appreciation On motion by Hoyt seconded by MacDonald, the Board of Selectmen approved a Proclamation designating the week of May 3 through May 9, 1998 as "Forget-Me-Not" Week in Reading. The motion was approved by a vote of 4-0-0. On motion by Hoyt seconded by MacDonald, the Board of Selectmen approved a Proclamation designating April 24, 1998 as Arbor Day in Reading. The motion was approved by a vote of 4-0-0. On motion by Hoyt seconded by Nestor, the Board of Selectmen approved a Proclamation designating the week of April 19 through April 25, 1998 as National Library Week in Reading. The motion was approved by a vote of 4-0-0. Reports and Comments Selectmen's Liaison Reports and Comments—Matt Nestor had no report. Bruce MacDonald noted that Town Meeting has approved the moving of the Foster Emerson House. If residents want to donate money to help move the house, they can send tax deductible donations directly to the Friends of Historic Preservation at P.O. Box 94 in Reading. Sally Hoyt attended the Eastern Middlesex Alliance for the mentally ill. Camille Anthony attended the Meadow Brook's 100th Anniversary Celebration. She is also working with the Task Force regarding the RMLD earnings distribution funding formula. That should be voted on next week. Additionally, the Memorial Day speakers need to be established. Board of Selectmen Meeting—April 21, 1998 —page 2 Public Comment - Bill Brown cited the Boston Globe article on the Framingham landfill. He asked about Dan Ensminger remaining on the Task Force. He asked about the Task Force establishment. Bruce MacDonald noted that Town Counsel suggested that the Chairman could appoint Mr. Ensminger to stay on the committee and MacDonald did that. The formal creation of the committee will be done some time in May. Town Manager's Report The Town Manager submitted the following report: ♦ The Reading Business Park Task Force met last week, and is meeting again tomorrow to map the proposed strategy to move forward with the marketing of this property. Items that were discussed include the potential uses and the uses of a marketing consultant. Additionally, a reworking of the RFP is underway. ♦ We have received the proposals from Media One for the renewal of the Cable TV franchise. The Cable TV Advisory Committee will be reviewing the proposals and then negotiations will take place. ♦ The RFP for the sale of the Grove Street property for the preservation of the Foster Emerson House have gone out and been advertised. Bids are due back on May 15, 1998 at 10:00 a.m. ♦ Town Counsel has notified me today that we were unsuccessful in getting a stay in the case of P&S Convenient Store relative to KENO. This means that if the Lottery Commission gives them the go ahead, they may begin the KENO operation there but at their own risk if the Attorney General's appeal of the Superior Court approval of KENO at that location is successful. ♦ Bulk Waste Collection is the week of May 4, 1998 on your regular trash collection day. ♦ There is no curbside leaf collection this Spring. The Compost Center is open Friday, Saturday, Sunday and Monday through May 3, and then Friday, Saturday and Monday through May 30. For the Summer, the hours will be Saturdays only. We will consider a single curbside leaf collection during the Spring next year and, of course, there will be the normal curbside leaf collections this Fall. ♦ The Town Reading has received a grade of"A" on our recycling report card and, of course, we are very pleased. Along with that grade comes a check of just over $5,000 to encourage further efforts at recycling. The Public Works Director advises that the heavy brush collection efforts last Spring have contributed to the 45%recycling effort of the Town. Board of Selectmen Meeting—April 21-1998 —page 3 ♦ Several construction projects are underway here in Town Hall — 7 windows have been sent out to be stripped, re-glazed with thermopane glass, and re-hung — so no — nobody stole the window in my office. The HVAC work in the Fire Station has been virtually completed and is well underway here in Town Hall. ♦ Construction has begun on Route 129 and on the Mineral Street Bridge. We are currently bidding the reconstruction and overlay of Charles Street and Rustic Lane. ♦ The Mill Street Bridge project is out to bid. Discussion/Action Items Wilson/Pleasant Street Follow-Up — Chairman Anthony introduced Reverend Robert Sweet, Chairman of the Reading Housing Authority. Sweet noted that the previous meeting covered the issues of the Housing Authority's interest in the Town-owned lot at Wilson and Pleasant Street. Present in addition to Bob Sweet were Don Allen and Mary Connors. He noted that a two family or possibly a three family home was being sought. After the joint meeting with the Board of Selectmen, the subject property went to the Conservation Commission for determination. They have determined that the River's Protection Act does not apply. The neighbors have appealed that to DEP. They would like the Board of Selectmen to take an affirmative action to turn this property over to the Housing Authority for the development of affordable housing. Nancy Eaton from the Conservation Commission noted that the Town had filed. To make a decision there had to be a four person majority. A determination of the site was done. There was not a four person majority to determine that the River's Protection Act applied and, therefore, it failed. The DEP appeal period can be one year plus or minus. Even if the River's Protection Act applies, the law predates the River's Protection Act and a one family home would be permitted on the site. The neighbors have a point that drainage improvements are needed. The question was raised as to whether or not what the Housing Authority is proposing is considering a"one family home" under the River's Protection Act. Phil LeBlanc of 14 Gardner Road spoke. He showed the Board of Selectmen photos of the site. He was told by DEP that it is six weeks before they take a look at the filing. Once an appeal is accepted, it could take a year to a hearing. LeBlanc suggested that other parcels should be evaluated for this use: Lothrop Road, Pearl Street at Bare Meadow, Hillside Road and Colburn Road. There are another 15 town parcels that they didn't have time to look at. In the 1875 maps, there is reference to the"Eaton Street Brook" from Fairchild Drive. If you put a basement in this property, it will be a swimming pool. It would have to be built on slab. This is in a floodplain. He would like the Board of Selectmen to refer any action while the neighborhood group works with the Reading Housing Authority to look at alternative sites. He understands that the Town of Reading is behind an affordable housing needs. Sally Hoyt asked if there was professional testing on the site by the Reading Housing Authority. Don Allen noted that the Town Engineer had reviewed and feels that you can build a 50 by 50 building on the site. Board of Selectmen Meeting=April 21, 1998 —page 4 George Hines entered the quorum at this point. Camille Anthony asked about the floodplain zoning. Nancy Eaton noted that it would have to go to the Board of Appeals. The lowest floor level of the structure has to be two feet above the flood level as a minimum. Peter Seigal lives at 194 Pleasant Street, 50 feet from the site. His concern is about what being that close to a multifamily dwelling will do to his property values. People tell him that used to be a lake. Bruce MacDonald asked whether the Housing Authority has looked at other sites. Reverend Sweet noted that they have looked at other parcels. This appeared to be the most likely available. The Housing Authority needs more than one site. Bill Brown noted that the property on Oakland Road is available. The lot on Pearl and Main is owned by the RMLD. Rosemarie Anderson asked upon what the opinion was based relative to the River's Protection Act. Leo Meuse noted that the decision is under appeal and asked how the Board can do anything until the appeal is heard. Bruce MacDonald suggested that we relook at other Town properties but keep this an active one. Matt Nestor noted that we have to look at each parcel separately. He doesn't want to see the Town get into a situation of people suggesting "don't put it here, put it there." His questions are simply: (1) Can the RHA project be built here? and (2) What is the timeframe for the DEP appeal _ —the appeal is dated April 3. Camille Anthony asked if there was a motion to wait to transfer the property until DEP makes its decision.. Joan LePore of 11 Wilson Street said that Ms. Eaton noted that if the home was built, it may have some affect. Camille Anthony noted that any construction on the property would have to go through the Conservation Commission. It is clear that water is a huge issue in the neighborhood. Parking is another issue, particularly in little league season. This area is very congested and not conducive to a single family home. On motion by Nestor seconded by Hoyt, the Board voted to table the decision until June 23, 1998 until we have a preliminary determination from DEP. In the meantime, the Town Manager will explore the drainage effect of building on this site on other properties in the neighborhood. The motion was approved by a vote of 4-1-0, with Hines opposed. Hines noted that he feels that the Housing Authority who is proposing to do the building should do that exploration. The Town Manager responded to a question that the Town Engineer's Office can do a drainage study. The Housing Authority will deal with the issue of the cost effectiveness of building on this site. Final Review — Police Station — Paul Dustin, Chairman of the Police Station Building Committee, was present along with Architect Brett Donham and Construction Manager Paul French. Dustin noted the revised plans show pre-cast concrete banding on the project, four over one windows, a revised window in the Chiefs office, a revised roof line, trees and plantings, roofing material will be heavy weight asphalt shingles and the seal will be located on the "tower." Board of Selectmen Meeting=April 21, 1998 —page.5 Camille Anthony noted that this was much improved, and Sally Hoyt agreed adding that the plantings will be good. Anthony reminded the Committee to provide for adequate size tree wells. Hoyt asked about the floor materials and the total cost which is $4.4 million. George Hines asked about the schedule. He would like the Board of Selectmen to meet prior to award of the contract, and also the October 28 meeting to be a joint meeting between the Board of Selectmen and the Police Station Building Committee. Bruce MacDonald expressed his thanks to the Committee and all involved. It's an excellent job -- the design will fit within the neighborhood and will meet the needs of the Reading Police Department. On motion by MacDonald seconded by Hoyt, the Board approved the final plan for the Reading Police Station as presented by a vote of 5-0-0. Water and Sewer Rate Hearing — Present were Public Works Director Ted McIntire and Water and Sewer Advisory Committee member Richard Moore. A presentation was made which would reduce the minimum bills for water and sewer, which would raise the water rates a little bit over 10% and would reduce the sewer rates by 2.6%. Discussion ensued relative to stabilization fund and the reserves. Using $19,000 for the water reserves would reduce the rate by $.03. The Water and Sewer Advisory Committee was concerned that there may be an additional cost of moving residuals. Bruce MacDonald asked about the status of the establishment of the stabilization funds. Discussion needs to be held with the Town Accountant and Town Counsel. There was discussion about the cost of dealing with the residuals, and it was noted that it could be up to $350,000. George Hines noted that $19,000 savings this year will not have much of an effect on that. With regard to the sewer reserves, there's $416,000. The potential construction project on Mill and Short Street could eat into that full amount. Nancy Eaton noted that she understood there's discussion relative to litigation on the sewer project. Kim Honetshlager requested a tiered rate for water and sewer. This would help with water conservation. The Water and Sewer Advisory Committee did not feel they could do anything for FY `99 but perhaps the year 2000. They will explore with it. Among the issues previously considered were how to deal with single meters like municipal buildings and condos and apartments. Eaton asked if the bills were still based on quarterly bills and it was noted that they were. On motion by MacDonald seconded by Hines, the Board voted to close the public hearing on the stabilization of water and sewer rates by a vote of 5-0-0. MacDonald moved and Hoyt seconded a motion to approve the following water and sewer rates effective with the bill dated August 1, 1998: Water - $3.42 for 100 cubic feet with a minimum bill of$10.26 per quarter for the first meter; $4.10 for 100 cubic feet with a minimum bill of $12.30 per quarter for a second water meter; Sewer - $4.98 per 100 cubic feet of water used with -- a minimum bill of$14.94 per quarter. Board of Selectmen Meeting—April 21 1998 —page 6 On motion by Hines seconded by Hoyt, the Board voted to change the rate to $3.39 per 100 cubic feet with a minimum bill of $10.17 per quarter for the first meter. The amount was approved by a vote of 5-0-0. The main motion was then approved by a vote of 5-0-0. Review and Recommend Water Restrictions — Ted McIntire reviewed the status of water restrictions. All the tests in the well fields are favorable. We have had one year with no contamination, and the Water and Sewer Advisory Committee has recommended to lift the restrictions to go to a revised Stage 1 which would be voluntary use on an odd/even basis with no restrictions on the hours of operation. MacDonald asked how the proposal contributes to the health of the Ipswich River. Camille Anthony asked: (1) What is the education program if we're going to have voluntary compliance? McIntire noted that they are doing an insertion in the water and sewer bills, newspaper ads and Cable TV. If we are going to do more, we will probably need a consultant. (2) During the Summer, did we have a drought last year? How readily is the Town able to meet the demands last year with all the wells available? McIntire noted that we had six of the nine wells operating last year. Under normal operating conditions, we would have had no problem meeting last year's demands this year. Sally Hoyt noted that we can try lifting the restrictions and see if it works. Richard Moore noted that the long-term best solution is to find other sources. He knows that we are looking at fractured plain wells like Lynnfield. George Hines agreed with Sally Hoyt. We need to do a strong education effort. Bruce MacDonald asked about the date of the DEP memo. He thinks that with all of the problems in the Ipswich River Watershed, voluntary restrictions will result in more water use. Nancy Eaton was concerned about a statement regarding a mandate to keep restrictions. Kim Honetschlager spoke for the Ipswich River Stream Team. She would argue for more onerous restrictions. June, July and August in 1997 were higher than our water use in 1989. We violate the Clean Water Act by running the river dry. We should not allow new wells in the aqua protection area. We should allow hand held watering only. The Reading Police Department should start levying fines. Nancy Eaton noted that the River's Protection Act has a formula for defining a drought and last year was not a drought. Ted McIntire noted that enforcement is not free. There were no fines last year but a lot of warnings. Aileen Barrett noted that the cost to the environment is much more expensive then enforcement. Sally Hoyt believes in conservation but agrees with George Hines that we should give our residents a chance to show that they can conserve. Matt Nestor noted that because we can lift the restrictions, there is not a mandate to do so. It's hard to get information out. We send out a mixed message. He would prefer that we keep the status quo in place, if we are.going to do a study. Board of Selectmen Meeting-April 211998 -page 7 Richard Moore noted that the Water and Sewer Advisory Committee has as one of their missions -' to encourage water conservation. He feels that lifting restrictions would result in more even water use but would not necessarily result in a total increase. On motion by Hines seconded by Hoyt, the Board of Selectmen voted on a motion to modify the Stage 2 water restrictions that were put into place as a result of the September 30, 1992 gasoline spill on Route I-93 in Wilmington to a Stage 1 conservation program, and that the Board of _ Selectmen hereby institute voluntary water use restrictions on an odd/even basis depending upon the property address without restriction as to time of day of use; and the staff be directed to develop a comprehensive water conservation education program. The vote on the motion was 2 in favor and 3 opposed and the motion did not carry. Hines and Hoyt voted in favor. Acceptance of Eminent Domain Offer for RMLD Property in Wilmington - Jim Blomley from the Reading Municipal Light Department was present. The land was purchased for a substation and a substation was built. That substation is not in service today. It was purchased in the early 1980's, and it carries a book value with the RMLD at $6,700. The assessed value is $18,000. The RMLD recommends approval. On motion by Hines seconded by MacDonald, the Board of Selectmen approved the signing of the release form for the taking by the Massachusetts Highway Department of the property known as Plat 17, Lot 4 consisting of 5,489 square feet of land in Wilmington, Massachusetts, and the taking of a temporary easement of Plat 17, Lot TE-26 consisting of 915 square feet of land'in Wilmington, Massachusetts owned by the Town of Reading through its Municipal Light Department. The motion was approved by a vote of 5-0-0, and the Town Manager was authorized to sign the documents on behalf of the Board. Approval of Minutes On motion by MacDonald seconded by Hines, the Board approved the minutes of their meeting of March 23, 1998, as amended, by a vote of 4-0-1, with Nestor abstaining. On motion by Hines seconded by MacDonald, the Board approved the minutes of their meeting of March 25, 1998, as amended, by a vote of 4-0-1, with Hoyt abstaining. The Town Manager noted that Executive Session minutes for March 26, 1996, April 9, 1996, July 9, 1996, July 30, 1996, December 23, 1996, February 4, 1997, March 26, 1997, April 8, 1997, April 23, 1997, April 29, 1997, June 17, 1997, July 29, 1997 and August 26, 1997 have been released. On motion by Hines seconded by Hoyt, the Board of Selectmen adjourned their meeting of April 21, 1998 at 10:50 p.m. by a vote of 5-0-0. Respectfully submitted, -- /ecreVta