HomeMy WebLinkAbout1997-04-29 Board of Selectmen Minutes Board of Selectmen Meeting
April 29, 1997
The meeting was convened at 7:31 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 Sally Hoyt and Dan Ensminger, Town Manager Peter
Hechenbleikner, and the following list of interested parties: Nancy Eaton, Anna Toomey, Richard
Smith, Susan DeMatteo, Michael Flammia, John Chelo, Kimberly Murphy, Caroline Chapell,
Regina Cancelliere, Joe Ananian, D.Troy Richards, John J. O`Neil, Davina Shuman, Nancy
Doherty, Margot Long, Ray Gerke, Angelo Liani, Dick Smith, Widdy Ho, Michael Wong.
Approval of Minutes
On motion by Hoyt seconded by Anthony, the Board voted to approve the minutes of the meeting
of March 18, 1997 by a vote of 4-0-1, with MacDonald abstaining.
On motion by Anthony seconded by Hoyt, the Board voted to approve the minutes of the meeting
of April 23, 1997 by a vote of 5-0-0.
Reports and Comments
Selectmen's Liaison Reports and Comments-Dan Ensminger had no report.
Camille Anthony inquired as to the status of the legal proceedings against the adult video store,
and the Town Manager noted that papers had been filed and were pending in court. She also
noted that the RMHS band returned from Florida at 3:00 a.m. Monday morning. . They received
standing ovations and an offer to return at any time. The High School Band "Spring Fling" is on
5/10/97.
The Board discussed the presentation on the water issues, and this will be scheduled for a
presentation on the 13th of May.
Sally Hoyt noted that she and other members of the Board attended the re-enactment of the
Revolutionary War ride from the Damon House on John Street. It was very well attended. She
sits on the Legal Services Review Committee, and the field has been narrowed down to three.
It is an excellent process and she has enjoyed participating. She has been at the State House
representing a number of local groups keeping track of legislation. She also presented the Board
with the Middlesex County Selectmen's Newsletter.
Bruce MacDonald has received calls making suggestions for alternative sites for the Police
Station. He asked about the hour long times for brush burning, and the Town Manager noted that
the regulations for water restrictions and for hours for burring have been in place for awhile, but
it has not been an issue before. If we still have water restrictions next fall, we should revisit this
issue.
Board of Selectmen Meeting- April 29. 1997 - page 2
He noted that the Legal Services Review Committee received eleven proposals, interviewed six,
and will be meeting on the 8th to select a list of three,finalists for the Board of Selectmen to
interview. The Board agreed to have a special meeting on May 20th just for this purpose. He
also asked about the schedule for the I-93 containment issue and low salt use on I-93, and Dan
Ensminger will work with the Town Manager on this issue.
George Hines commended the Historical Commission on the historical re-enactment of the 1775
ride in Reading. He attended the Eagle Scout Award ceremony for Jim Tucker. He met with
representatives of the Recreation Committee Saturday morning on Symonds Way. Some concern
had been expressed about building the recreation facility adjacent to the Rifle Club and following
the meeting, the Recreation Committee member's concerns were allayed.
The members of the Board have been very busy relative to Town Meeting issues -- particularly
Dan Ensminger and Bruce MacDonald on the landfill and the Police Station siting issues. Camille
Anthony has been very involved in the Community Day activities. Dan Ensminger, George Hines
and the Town Manager met with the Board of Realtors regarding the Union Street site.
Sally Hoyt asked about the letter from the Fire Chief on responses at Longwood Place, and the
Town Manager noted that a meeting will be set up with Longwood about the emergency medical
response needs. Hoyt also asked about the possibility of a stop sign at Wescroft and West
Streets.
Public Comment-There were no public comments.
Town Manazer's Report
Two Proclamations were approved by the Board of Selectmen:
On motion by MacDonald seconded by Hoyt, the Board voted to approve a Proclamation for a
Day of Recognition for Volunteers for Reading's Senior Citizens. The motion was approved by a
vote of 5-0-0.
On motion by MacDonald seconded by Hoyt, the Board voted to approve a Proclamation for
Municipal Clerk's Week. The motion was approved by a vote of 5-0-0, and Town Clerk Cheryl
Johnson was present to receive the Proclamation.
The Town Manager reported that a training session is scheduled for June 5, 1997 at the Coolidge
Middle School for Boards, Committees and Commissions on the Conflict of Interest law.
The Police Chief has rescinded the order to have the dog at 15 Dana Road removed from the
community because the dog has had a leg amputated and will be unlikely to get loose and cause
problems in the future.
Board of Selectmen Meeting;- April 29, 1997-page 3
The Water Treatment Plant Holding Tank Project is under construction. The Bear Hill Water
Storage Tank painting is underway. The Town is now operating on Well 82-20, Revay and
B-Well and Well #3. Water main flushing has been discontinued due to shutting down wells
related to taste problems.
Mark Eyerman of Planning Decisions, Inc. in S. Portland, Maine has been selected as the
Downtown Facilitator/Economic Consultant. This project is jointly funded by the Town and
business community.
Brush collection continues from storm damage. It will be finished this week. The Compost
Center is now open on Friday, Saturday, Sunday and Monday. Household Hazardous Materials
Collection is scheduled for May 17th at the Public Works Garage. Bulk waste collection is the
week of May 5th.
Re-bids for the HVAC work at the Library are still over budget. There has been a protest filed.
The reserve fund will be used to fund any shortfalls. The Depot area work is continuing and
should be completed by May 16th. The Summer Avenue construction project bid has been
awarded, and the pre-construction meeting is next week. The North Main Street sidewalks are
under construction and should be completed within four weeks. Street sweeping has started West
of Main Street.
Discussion/Action Items
Continue Discussion on Rubbish Collection for Condos - It was noted that this was a continued
hearing. Camille Anthony distributed some material on other communities and what they do for
rubbish collection and recycling for condominiums. Bruce MacDonald asked how the
communities were chosen, and Camille noted that it was from Dick Smith's letter from March.
Dick Smith from Summit Towers spoke. The list is from the Community Association Institute.
Regarding zoning, only 130 of the units are affected by zoning regulations. For the others, there
is no zoning regulation. Other condominium owners had a contract with the developer. With
regard to the question of what the Town is getting by providing for rubbish collection to the
condominiums, Smith noted that the Town was able to get 600 more housing units. With regard
to the proposed State law that died a couple of years ago, the bill was passed by the House but
then it was turned down by the Senate because it would be a mandate that the State would have
to pay for.
George Hines noted that he has looked at a number of condominium situations. He has always
asked what is included in the condo fees. With regard to zoning, the zoning that allowed the
greater density for Townhouses and Planned Residential Developments had to pass Town
Meeting. One of the sale points on the zoning was what the Town would get for allowing greater
density. In Greenhouse Acres, for example, 40 housing units could have been built there under
the previous zoning, but 90 condominium units were built. He participated in the discussion as a
Planning Board Member and as a Town Meeting Member, and the zoning changes in these
instances were not easy to achieve.
Board of Selectmen Meeting;- April 29, 1997-page 4
Susan DeMatteo, Chairman of the CPDC, noted that zoning approvals which CPDC does
currently include the Board of Selectmen's Policy stated in their approvals. Michael Flammia, a
member of the CPDC, spoke. He noted that in sitting on the CPDC, he looks not only at land use
issues but also traffic and cost of services when considering a proposal. Condominium owner's
arguments relative to receiving services could also be made by owners of apartment buildings and
by commercial owners.
Camille Anthony asked Flammia if he looks at all developments including single family
sub-divisions the same way. He noted that he does. Anthony noted that we used to evaluate the
cost of services by the Town to single family homes and other developments but that we don't do
it now. DeMatteo noted that in dealing with sub-divisions, CPDC has less control.
George Hines asked that if in recent approvals CPDC has included the conditions relative to
rubbish collection disposal. Flammia noted that they have. Bruce MacDonald asked if that was
because that is the Board of Selectmen's Policy, and it was noted that this was the case.
Davina Shuman of 1 Charles Place noted that the condos generally do not have a large number of
school kids and do not get a lot of services. Dan Ensminger noted that the number of school kids
varies considerably, and I Charles Place has one of the largest number of school children per unit
than any of the other condominiums in Reading.
Michael Flammia noted that his children are pre-school age and he does not use the school
services. Providing rubbish collection to condominiums would be a nice thing to do, but he
questions where that falls in the services that the community can afford.
Bruce MacDonald noted that the Board of Selectmen had looked at rubbish collection for condos
as part of the budget process and it came in "below the line" for FY'98.
George Hines felt that the issue of zoning vs. Selectmen's Policies is a circular one. The policy
was put in place because it was a zoning practice. It is now in the zoning because it is a policy.
Susan DeMatteo asked why the prohibition of rubbish collection was not included in the PRD
regulations. The Town Manager noted that it was not considered -- it was not specifically left
out.
Bruce MacDonald noted that we can't develop a menu of services, but we in effect have done
that because we have provided rubbish collection disposal for single family homes.
Mike Flammia noted that there was not an act to deny a specific service. Most of the condos
were previously apartments and they were converted to condominiums. They had not had the
service in the past and it was not extended into the future. He noted as a lawyer that the buyer is
aware of what the fees are for, and that buyers of condominiums were well aware that they would
not be getting rubbish collection services from the Town.
Board of Selectmen Meeting- Apri129, 1997 - page 5
Bruce MacDonald noted that if the argument for providing for rubbish collection would increase
the value of properties, then the Town should take in more tax revenues if the rubbish collection
disposal and recycling is extended to condominiums.
Sally Hoyt noted that Stoneham has finally started pickup at condominiums. Her concern is that
we have to have funding for this. We are still trying to fund additional Police Officers. Maybe we
should set a date for a year from July 1 to institute this service.
Dick Smith asked why condominiums are considered different from single family home owners.
Caroline Chapell echoed Smith's comments.
Camille Anthony asked if the condominiums would pay for the second pickup, and it was noted
that the Condominium Association would pay for it.
Dan Ensminger outlined four options:
1. Do nothing;
2. Do curbside pickup of recycling which has community benefits;
3. Do full pickup at some sub-set of condominiums;
4. Do full services for condominiums.
He would support the second or third option, and will offer a motion on curbside recycling.
Bruce MacDonald suggested that motions by the Board should start with the greatest impact and
then "go down."
George Hines noted that the rubbish from condominiums is not considered part of the Town trash
system in terms of the recycling report card.
MacDonald moved and Anthony seconded a motion to amend Section 5.6 of the Board of
Selectmen Rules and Regulations to add the words "and condominiums" in the first paragraph,
with the elimination of condominiums covered by any existing Zoning By-Law or approval policy
to be implemented 7/1/98. MacDonald noted that if condominiums get the zoning approval
changed between now and 7/1/98, then collection would be done for them also.
Ensminger noted that he would vote against it, but would vote for a more restrictive policy. If the
Town is going to spend that kind of money to add services, services should be added that will
cover the whole Town.
MacDonald feels that it is an equity issue. He thinks fairness dictates that this service be extended
to condominium owners. It is currently in the tax bill. The costs are minimal -- a small
percentage of the Town budget. It may increase the value of the condominiums and, therefore,
increase the tax dollars.
Board of Selectmen Meeting- April 29, 1997 -page 6
Camille Anthony feels that it is an equity issue. She feels that communities have not yet begun to
deal with the solid waste issue. There will be more restrictions over time.
Sally Hoyt feels that it is an equity issue. If we encourage recycling, there will be benefits.
George Hines was opposed to the motion. He thinks that the Board should respect the zoning
history and Town Meeting debate with regard to this issue. If it is an equity issue, what about
people who want to live in the community and cannot afford to buy a home or a condominium
and live in apartments. Should they not get the same value.
Dan Ensminger noted that of the communities reviewed by Camille Anthony, not a single
community has decided to do rubbish collection for condominiums. In fact, few in the entire state
have supported it.
The vote on the motion was 3 in favor, Hines and Ensminger opposed, and the motion was
carried.
Discussion on Town Meeting Warrant - The Board discussed Article 31 on the Annual Town
Meeting Warrant.
On motion by Ensminger seconded by Anthony, the Board voted to support the subject matter of
Article 31 by a vote of 5-0-0. The Board will not express a preference as to the minimum number
of seats required in order to extend Beer and Wine service to restaurants.
Adoption of Policy re: Future of Counties - The Board discussed a proposed statement on the
future of counties. Sally Hoyt had some specific concerns that were addressed on an item by item
basis. The Board reviewed a revised statement, and on motion by Anthony seconded by Hoyt, the
Board voted to approve the "Statement Regarding the Future of Counties" as modified by a vote
of 5-0-0.
Licenses, Permits and Approvals
Hearing on Change of Shareholders - Emperor's Choice Restaurant - The secretary read the
notice of the public hearing regarding a change of shareholders for the Emperor's Choice
Restaurant. Widdy Ho was present as attorney for the applicant, and Michael Wong, President of
the Association, was also present. They noted that there would be no change in the operation of
the restaurant. Mr. Wong continues to be the Manager. The Board opened the hearing to the
public and there were no public comments.
On motion by MacDonald seconded by Hoyt, the Board voted to close the public hearing on an
application for a change in shareholders for the Emperor's Choice Restaurant. The motion was
approved by a vote of 5-0-0.
Board of Selectmen Meeting- April 29. 1997-page 7
On motion by MacDonald seconded by Anthony, the Board voted to approve the application for a
change in shareholders for the Emperor's Choice Restaurant. The motion was approved by a vote
of 5-0-0.
On motion by Anthony seconded by MacDonald, 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 roll call vote, all five members voted in the
affirmative and the motion was carried. The meeting adjourned at 9:54 p.m.
Respectfully submitted,
Ser ary
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