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HomeMy WebLinkAbout1997-03-18 Board of Selectmen Minutes Board of Selectmen Meeting March 18, 1997 The meeting was convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary Bruce MacDonald, Selectmen Dan Ensminger and Sally Hoyt, Town Manager Peter Hechenbleikner and the following list of interested parties: Thomas Gardiner, Nathan Gardiner, Janet Costello, Megan Costello,William Griset Jr., Gordon Anderson, Nancy Eaton, Paul and Lee Roberts, Don Nadeau, Wendy Small, Stanley Portman, Robert Kimball, Scott Domaratius, Caroline Chapell, Edmund Balburi, Nancy Gorman, Richard Smith, Carol Tsoukales, Kevin Kelliher, Lynn Barry, Davina Shuman, David Chao, Marlene Weher, Ms. Androlini, Connie Zforza, Pat Zissell, Ray Sesovio, Pat Codera. Approval of Minutes On motion by MacDonald seconded by Hoyt, the Board voted to approve the minutes of March 4, 1997 by a vote of 3-0-2, with Ensminger and Hines abstaining. On motion by MacDonald seconded by Anthony, the Board voted to approve the minutes of March 11, 1997 by a vote of 4-0-1, with Hoyt abstaining. Reports and Comments Selectmen's Reports and Comments -Dan Ensminger noted that he still feels there is a taste in the - water but it seems to be improved. Tours of the Police Station will be held on April 6, 1997, from 1:00 to 5:00 p.m. Camille Anthony attended the RMHS Pops Concert on Friday. She also thanked Continental Cable and Jim Keigley and Ms. McGee for hosting Candidates'Night. Sally Hoyt received a call this evening regarding the adult video store. She expressed disappointment in the cuts in budget and was concerned that the Finance Committee wants to cut the Police Patrol Officer. She supports the Veteran's Services. Bruce MacDonald attended the Third Step in the afternoon, and offered congratulations to the Downtown Steering Committee and to the community for the turnout. He received a call regarding the video store. He received a letter from a resident regarding the railroad crossing at Woburn and High Streets. The Police Station Task Force is meeting on April 5, 1997. MacDonald asked the Task Force to vote to endorse the plan put forth by the Board of Selectmen. He is meeting with the FinCom tomorrow. He also noted for resident's information that comet Hale Bopp is now visible in the northwest sky and commended all to make an effort to see it. George Hines expressed concern about the Police Station Building Committee's commitment to follow-up on the program aspect of the building rather than the siting. He also attended the Third Step Program and spent most of the day there. Board of Selectmen Meeting-March 18, 1997-page 2 Public Comment Gordon Anderson of 390 Summer Avenue read a petition from "concerned citizens for Reading" relative to taking the appropriate enforcement action on the adult video store. Town Manager's Report Proclamation Camp Fire Week - On motion by MacDonald seconded by Ensminger, the Board approved a Proclamation for Camp Fire Week during the week of March 16 through March 22, 1997. The motion was approved by a vote of 5-0-0. Marlene Cohen, Gerrard Cohen, Janet Costello, Cathy Costa, Allison Wilson Pierce, Angela Costa, Katelan Duran and Megan Costello were present to receive the Proclamation. The Town Manager attended an open house for the new group home operated by EMARC on Hopkins Street. The Reading Housing Authority is having an informational meeting this Wednesday here in Town Hall relative to some changes in operation at their group home at Bancroft Avenue. The Board of Selectmen and the Cable TV Advisory Committee are having a joint public hearing Thursday relative to the franchise renewal process. Friday is the annual Spelling Bee run by the Junior Women's Club as a fund raiser. The Board of Selectmen will have a team, and the Town Manager will be co-moderating this event with School Superintendent Harry Harutunian. March 15, 1997, 9:30 to 3:30 p.m., the Downtown Steering Committee held their "Third Step" at the Senior Center - approximately 200 people participated. The Town has received 3 proposals for the Downtown Facilitator/Econon& Consultant. These are being evaluated and a decision should be made within a week. This project is funded by a partnership of the Town and local businesses through the Chamber of Commerce and the Downtown Steering Committee. The Election is March 25, 1997 at Hawkes Fieldhouse. The Compost Center opens April 5th, and will be open on Saturdays and Sundays until the end of November. It will also be open Mondays and Fridays from April through May 30 and again October 12 through November 30. The weekday opening is through the use of the Senior Citizen Tax Work Program. Police Officer Jimmy Collins is back at work on unrestricted duty following an injury last Fall. We have received the Civil Service list for the Sergeant and Lieutenant promotional exam in the Police Department. Sergeant Richard Robbins has been appointed to the position of Police Lieutenant, and Patrol Officer David Stamatis has been appointed to the position of Police Sergeant. Stamatis will continue as DARE Officer for the remainder of the school year. Bids are being advertised for the HVAC work at the Library. Electrical sub-bids were received yesterday. The Summer Avenue project is out to bid. Personnel and Appointments Cable TV Advisory Committee - The Board interviewed Bernice Svedlow for a position on the Cable TV Advisory Committee. She is a Channel 3 volunteer, and her major concern is the equipment on this site. Board of Selectmen Meeting-March 18, 1997-page 3 On motion by Anthony seconded by MacDonald, the Board placed the name Bernice Svedlow in nomination for a position on the Cable TV Advisory Committee for a term expiring June 30, 1999. The motion received five votes and Svedlow was appointed. Approval of Statement re: Conflict of Interest- The Town Manager presented a draft letter from Nancy Eaton of the Conservation Commission relative to Chapter 268A, Sections 19 and 23. Dan Ensminger expressed concern about the proposed motion. Nancy Eaton noted that this is a prospective issue. On motion by MacDonald seconded by Hoyt, the Board voted pursuant to General Laws Chapter 268A, Section 19(b)(1) the Board of Selectmen determines, based on information set forth in Nancy Eaton's letter of February 24, 1997, that any financial interest that she may have in the matter pending before the Conservation Commission related to the Marion Road subdivision at the rear of 51 Mill Street, including the installation of a sanitary sewer down Mill Street to Main Street, is not so substantial as to be deemed likely to affect the integrity of the services which the Town may expect from her as a municipal employee and member of the Conservation Commission. The motion was approved by a vote of 4-1-0, with Ensminger opposed. Discussion/Action Items Discussion/Adoption of Volunteer Policy - The Town Manager presented the proposed Policy on Volunteers. Present were members of the Committee who worked on this project including Lee Roberts, former Coordinator of Volunteers, Lois Bond, Don Nadeau and Joe Connelly. Diane Young from the Library was also a member but was not able to be present. The Board commended the staff work that was done on the project. On motion by MacDonald seconded by Hoyt, the Board voted to close the public hearing on the adoption of a "Policy on Volunteers" by a vote of 5-0-0. On motion by Ensminger seconded by Anthony, the Board voted to adopt the Policy on Volunteers by a vote of 5-0-0. Hearing on Policy on Rubbish Collection, Disposal and Recycling; - Condominiums .- Secretary Bruce MacDonald read the notice of the public hearing. The Board had some discussion particularly with regard to planned residential developments and the restrictions on rubbish collection and disposal. CPDC in that regard is implementing the Board of Selectmen's Policy. To the best of anyone's knowledge, there has not been a request by the developer to waive this requirement. Dick Smith from Summit Towers made a presentation of a letter and updated materials previously submitted. He felt there is a distinction between condos and apartments in that condominiums do not make a profit and apartments do. Caroline Chappel from 1 Charles Street spoke. She noted that several years ago the Town charged separately for rubbish, but in 1994 it was placed into the taxes so that people could use the tax deduction. Condominiums have been paying ever since. Dan Ensminger pointed out that previous to that, rubbish collection had been in the tax rate. The monies that were paid for by a separate fee were to pay the Resco pass through costs. Board of Selectmen Meeting-March 18, 1997 -page 4 Kevin Kelliher from Green House Acres spoke. He noted that there are a lot of elderly owners who pay full taxes. They pay their full assessment. In addition, they pay the cost of service that they do not receive and if recycling and collection were extended to condominiums, then the condos could help the Town meet the recylcing goals. Stan Portman from Carnation Circle expressed frustration in not being able to recycle. The truck passes their homes but they can't participate. Questions were raised as to what other communities do. The Town Manager noted that Danvers voted not to do rubbish collection disposal for condominiums. Camille Anthony noted that Andover does. The Town Manager also noted that Stoneham has faced the issue of not doing the municipal collection as often as the residents of the condominiums would like. Ms. Androlini from Summit Terrace noted that the owners are not asking for snow plowing. If they can't have the rubbish collection service, then they should be able to deduct that amount from their taxes. Ray Sesovio from 14A Carnation Circle noted that their tax bills are over $3,000 per year. They want to recycle. Their Bylaws allow only four persons per unit. Dick Smith noted that this discussion has been going on for three to four years. Camille Anthony noted that the issue has been budgetary. Ms. Androlini asked about Summit Village and Leaning Elm Farm. Wendy Small of Carnation Circle noted that there is frustration on the part of condominium owners. They feel that they are part of the Town. They believe in recycling. They are paying for services that they are not getting. If there is a way to look at the figures, she would like the Town to do rubbish collection disposal and recycling at the condominiums. They are not asking for street lighting and snow plowing and they will not come back to ask for those. She would like the Board to address this as soon as possible. Pat Codera from 178 Lowell Street noted that the Town initially picked up rubbish from their property- for three to four years - and then said that they would not do it anymore. Scott Domaratius from 1 Charles Place noted that it shouldn't be a budget concern, that it should be a high priority. Ed Balburi from 2B Carnation Circle feels that in the interest of fairness, morality and the environment that we should pick up. George Hines asked how the Town got the word out to residents. The Town Manager noted that it was on Cable TV and the press, and an invitation went to the two spokesmen from Summit Towers and from Carnation Circle. Hines was concerned that "the other side," i.e., CPDC was not present to be heard. Bruce MacDonald noted that we can ask for internal input. Hines feels we should get information on the zoning issue. Board of Selectmen Meeting -March 18. 1997 -page 5 Balburi noted that the "other side of the issue" is the Board of Selectmen. Davina Shuman of 1 Charles Place noted that the means of collection is the obligation of the Town to standardize - regarding unsightliness and recycling. Dick Smith noted that the purpose of the Bylaw with regard to zoning is to solicit adequate provision of public safety services. Portman felt that there is a level of frustration for paying for a service that they don't receive. The Board discussed closing the hearing. Bruce MacDonald noted that the purpose of the hearing is to have a policy established prior to the budget process. If the policy is adopted, then it is up to the Board to determine how to fund it or how to stage funding and implementation. He assumes that we would not include Summit Village right now, and the Green House Acres would have to get their special permit changed. In order to fund it, we should look at all revenue estimates and budgets. If we took $10,000 from free cash, and $10,000 from Line K23 the flexible account, we would be able to pay for a major portion of it. Dan Ensminger felt that there are four options: 1. Do nothing; 2. Look at curbside pick up of recylcing only - a limited service; 3. Do a full pick up and recycling at some subset of condominiums (like six units in a building or less); 4. Adopt a policy and extend the service to all condominiums. Concerns expressed were that apartments will be in later for the same service. It was also anticipated that there will be future requests for snow plowing and street lighting. Bruce MacDonald noted that he has thought a lot about condominiums and apartments. Apartment dwellers are not property tax payers, and he would not support extending the service to apartment dwellers. He also does not support the extension of other services to condominiums. George Hines noted that this is an equity issue. How many condominiums are owner occupied. If business owners come in, is that an equity issue also? In his opinion, this is a zoning issue. The policy supports the zoning issue. Equity around the zoning is equally compelling. It will have a significant impact on the budget. Sally Hoyt supports trash collection for condos. It is still an equity issue. We are struggling to properly fund public safety. She would like to support this this year, if we can come up with a financing plan for it. Camille Anthony noted that we should contact towns that do pick up and find out what regulations they have and how itis working. If it is to be done, she would consider January 1 or July 1 of 1998. She wants to find out from other communities how long they have had their rubbish collection, and what works and what doesn't work. Dan Ensminger asked about the cost of recycling. Board of Selectmen Meeting-March 18, 1997 -page 6 George Hines noted that the Solid Waste Advisory Committee is close-io developing a recycling drop off center for those who don't have curbside recycling. He wants to make sure that we do not lose sight of the zoning issues and implications. Maybe the Planning Commission and/or ZBA should be brought in to discuss this. - Dan Ensminger noted that the decision is what is the best way to spend money for goods and services for the Town. In picking up rubbish and doing recycling for condominiums, the "Town" does not gain other than through goodwill. Dan Ensminger also noted that everyone knew when they purchased their condo what they were getting, and rubbish collection was not something they were getting. George Hines noted that the principle is established in zoning. The fairness issue came up after the owners were in their units. They purchased them with the understanding of what they were getting. The zoning changes allowed a higher density of use in every area, and the trade off was that they would not receive some of the "so called" traditional public services. The higher density zoning would not have been built if the zoning had not been changed. Camille Anthony suggested that the Board not vote now. She suggested that we defer to a later date so that (1) we can bring in CPDC and/or the Board of Appeals, (2) that we can check on other communities. She volunteered to check on other communities. Dan Ensminger noted that the other thing that we can look at is extension of recycling for condominiums. Bruce MacDonald noted that Ted McIntire has talked with the contractors and the services can be extended at this time. Camille Anthony doesn't see the possibility of changing the budget now- it's too late. Dan Ensminger suggested not requiring a vote that would not be unanimous. On motion by MacDonald seconded by Anthony, the Board voted to continue the public hearing until April 8, 1997 by a vote of 5-0-0. Public Hearing on Street Acceptances - The Board of Selectmen opened the:public hearing on street acceptances. Secretary Bruce MacDonald read the notice of the hearing. There are five streets that have had hearings: Anson Lane, Ashley Place, Autumn Lane, Azalea Circle and Family Circle. Kevin Kelliher noted that the notice had gone to all of the condo owners in Carnation Circle because they own frontage on Carnation Circle. A resident of Anson Lane asked about a street light and the Town Manager noted that it will be dealt with. Board of Selectmen Meeting-March 18. 1997 -page 7 On motion by MacDonald seconded by Hoyt, the Board voted to close the public hearing on the acceptance of the following streets as public ways within the Town: Anson Lane, Ashley Place, Autumn Lane, Azalea Circle and Family Circle. The motion was approved by a vote of 5-0-0. On motion by MacDonald seconded by Anthony, the Board voted to recommend the acceptance of the following streets as public ways within the Town of Reading: Anson Lane, Ashley Place, Autumn Lane, Azalea Circle and Family Circle. The motion was approved by a vote of 5-0-0. Modification of Agreement with Police Superior Officers re: Details - The Town Manager reviewed the details of the modification of the agreement with the Police Superior Officers regarding details. On motion by MacDonald seconded by Hoyt, the Board voted to approve a modification of the collective bargaining agreement between the Town of Reading.and the Reading Police Superior Officer's Association IBPO consisting of a modification of Section 3.2 - extra paid details and a side letter relative to performance evaluations. The motion was approved by a vote of 5-0-0. Review of Warrant for Annual Town Meeting - The Board of Selectmen reviewed the Warrant for the Annual Town Meeting. It was noted that the Town needs to document the discussions with Mr. Molyneaux, and Sally Hoyt asked whether Eastern Middlesex Association of Realtors should be allowed to submit another offer. MacDonald noted that there is no offer on the table. George Hines noted that the information on the offer should be released only if it is not going forward. On motion by MacDonald seconded by Anthony, the Board voted to release the synopsis of real estate acquisition data Reading Police Station expansion program dated March 18, 1997 as amended and including the supporting data. The motion was approved by a vote of 5-0-0. On motion by Ensminger seconded by Hoyt, the Board voted to go into Executive Session for the purpose of discussing strategy with respect to purchase or sale of real estate and approval of minutes not to come back into Open Session. On a roil call vote, all five members voted in the affirmative and the motion was carried. The Board adjourned at 10:35 p.m. Respectfully submitted, Secretary