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HomeMy WebLinkAbout1997-05-13 Board of Selectmen Minutes Board of Selectmen Meeting May 13, 1997 The meeting was convened at 7:45 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: Lois Bond, Tami Bernat, Peter Tassi, Paul Williams, Ted McIntire, James Finegan, Nancy Eaton, Robin D'Antona, Barbara Luddy, Katy Brennan, Don Nadeau, Joe Connelly. Approval of Minutes On motion by MacDonald seconded by Hoyt, the Board voted to approve the minutes of the meeting of April 28, 1997, as amended, by a vote of 5-0-0. On motion by MacDonald seconded by Hoyt, the Board voted to approve the minutes of the meeting of April 29, 1997 by a vote of 5-0-0. Reports and Comments Selectmen's Liaison Reports and Comments - Sally Hoyt attended the Antiquarian Society Highlands event. She also attended the presentation by the Historical Commission at the Library. Bruce MacDonald noted violations of water use in Town. We need to re-emphasize to residents that we need to conserve water. Camille Anthony noted that the Board had received letters from Green Street residents regarding sidewalks. She also asked about the curve signs on Washington Street. The Town Manager noted that the signs had been installed. Dan Ensminger noted that Town Meeting is completed, and extended congratulations to Moderator Alan Foulds on his first Town Meetings as Moderator. George Hines noted that the Town Meeting process has exhausted Town government, and the Board will try to get all items back on schedule as quickly as possible. George Hines noted that the Board of Selectmen now has authorization from Town Meeting to conclude negotiations on the acquisition of the Eastern Middlesex Association of Realtors' property at 13 Union Street. Sharon Kelley from EMAR appreciated the Board's action. Sally Hoyt noted that she has never been involved in the discussion of the Parker Street property, and never participated in any discussion on it. She voted only once when there were only three -- Selectmen present to place an Article on the Warrant. Board of Selectmen Meeting- May 13, 1997-page 2 On motion by Anthony seconded by Hoyt, the Board voted to direct the Town Manager to offer to the Eastern Middlesex Association of Realtors the sum of $280,000 consisting of $250,000 purchase price and $30,000 for relocation expenses, for the purpose of constructing a Police Station. Hines noted that he would not support the motion consistent with his previous position. The motion was approved by a vote of 4-1-0, with Hines opposed. Town Manager's Report Certificate of Appreciation - "It's Good to Care" Program - On motion by MacDonald seconded by Anthony, the Board voted to approve a Certificate of Appreciation for the Barrows School "It's Good to Care" Program. The motion was approved by a vote of 5-0-0. Tami Bernat, the new Coordinator of Volunteers, was present to accept the Certificate. Certificate of Appreciation - Eagle Scout Kevin Heck - On motion by MacDonald seconded by Hoyt, the Board voted to approve a Certificate of Appreciation for Kevin James Heck in recognition of the achievement of his Eagle Scout Award. The motion was approved by a vote of 5-0-0. Certificate of Appreciation - Eagle Scout Eric Ha stg; rom - On motion by MacDonald seconded by Hoyt, the Board voted to approve a Certificate of Appreciation for Erik Hagstrom in recognition of the achievement of his Eagle Scout Award. The motion was approved by a vote of 5-0-0. Certificate of Appreciation - Retiring Police Officers - On motion by MacDonald seconded by Hoyt, the Board voted to approve a Certificate of Appreciation for Dennis T. Farrell in recognition of his twenty-four years of service on the Reading Police Department. The motion was approved by a vote of 5-0-0. On motion by MacDonald seconded by Hoyt, the Board voted to approve a Certificate of Appreciation for Richard L. Nelson in recognition of his thirty years of service on the Reading Police Department. The motion was approved by a vote of 5-0-0. Presentation of street signs as a unique Reading memento was approved. The Town Manager reported on a number of projects including various construction projects that are ongoing. Personnel & Appointments Appointment to Substance Abuse Advisory Council - The Board interviewed Dale Marie Merrill for a position on the Substance Abuse Advisory Council. On motion by Anthony seconded by Hoyt, Dale Marie Merrill was appointed to a position on the Substance Abuse Advisory Council for a term expiring 6-30-98 with five members voting in the affirmative. Board of Selectmen Meeting=May 13, 1997 - page 3 Appointment of MAPC Representative - On motion by MacDonald seconded by Ensminger, the Board voted to re-appoint William F. Crowley as the Town's Representative on the Metropolitan Area Planning Council for a term expiring 12-31-99 by a vote of 5-0-0. Appointment to Celebrations Committee - There were no applicants for the Celebrations Committee vacancy. Discussion/Action Items Review of Water Supply Issues - Ted McIntire and Peter Tassi along with James Finegan and Paul Williams, consultants to the Town, made a presentation.on the Town's water supply. Ted McIntire gave the history of the water supply issues including the taste issues. Paul Williams, the senior hydrogeologist, has been working with the Town on these issues since before the 1992 spill. There is no apparent connection between the gasoline spill and the taste problems. He reviewed the history of the pumpage of the different wells. Bruce MacDonald asked if taste problems have happened elsewhere in the country, and Williams noted that this has happened all over the country. The recommendation is to maintain restrictions right now. Wells 3, 15 and 2 are gas spill sensitive wells. We will try running Wells 13 and 66-8 next week with DEP approval and will monitor the results. Camille Anthony asked about the salt levels in the Revay well. It was noted that they are above the 22 parts per million level, and sometimes over 100 parts per million but the water from the Revay wells is blended with the other water. The average in the Revay well is 50 parts per million. George Hines asked if we can pump all of the wells and eliminate the restrictions. Camille Anthony asked if the Town forest well can be used, and McIntire noted that this seems to be the source of the taste problems. Bruce MacDonald asked if the plant is limited and what the storage capacity is. The Bear Hill water tank stores one million gallons and is down for painting right now. The Auburn Street standpipe and water tower store 500,000 and 750,000 gallons respectively. The total storage including the clear wells and the water pipes is 5 million gallons which is adequate. Camille Anthony asked if painting the tanks has anything to do with the taste, and it was noted that the taste problems showed up prior to any painting of the tanks. George Hines asked what the potential is for getting approval to turn on the additional two wells, and McIntire feels that DEP will approve it. Camille Anthony asked why we have not had any problems in the past. She asked if we do deep soil samples, and it was noted that we do not draw soil into the wells. Nancy Eaton noted that the fish killed this summer may have an effect - when the river dried up. Peter Tassi noted that we have had fish kills and dry river in the past and it has not caused taste problems. Hines asked if the Board of Selectmen will be informed on the 20th if there are any Board of Selectmen Meeting-May 13, 1997 -page 4 answers. McIntire indicated that he would, but that we need to do pump tests for 2 to 2 and 1/2 months. After that, we should have more information as to whether or not we can turn on the additional wells. The last time benzene showed up in an amount that was of concern in any of the monitored wells was in July, 1996. DEP will want two months of testing -- evaluating after one month of operation. Bruce MacDonald felt that it was good to be prudent. There are other pressures on the Ipswich River Basin besides the gasoline spill. George Hines wants a report as soon as possible after the other meetings, and Ted McIntire will develop an action plan as a result of the DEP meeting. Staff will try to keep the intervals as short as possible and keep moving forward on this project. Camille Anthony thinks the Public Works Department has done a remarkable job on this issue. Hearing on Park/Recreation Policies re: Group Use of Imagination Station - The public hearing was opened. The Town Manager gave background on why a permitting policy was developed. Joe Connelly made his presentation to the Board, and explained three reasons why a policy was being developed: This will provide control over the facilities, discourage large out-of-town groups using the facility, and will generate revenues for basic maintenance. The costs of operating Imagination Station are approximately $500.00 per year for lighting, and approximately $600 per year for sealing the wood. Additional work that needs to be done is to increase the depth of the p-stone under the equipment to 6 to 12 inches. Connelly explained that small groups, defined as a group with 1-19 members, do not need a permit. He explained that this included both residents and non-residents. Connelly reviewed the chaperone to children ratios and how they were established. Ensminger asked what OFC stood for. Connelly explained Office For Children. Ensminger asked why OFC was involved with the policy. Connelly explained that the OFC was not involved in the policy making process. He stated that in order to meet day care provider regulations, the chaperone ratios standards were taken from the OFC regulations, which the day care providers must already conform to. Connelly reviewed the time recommendation for small groups and the time restrictions for large groups. He explained that the times were derived from community input at previous public hearings, and reviewed the fee policy for large groups consisting of 20 or more members. MacDonald asked how the group size of twenty was arrived at. Connelly explained that it was the number the Recreation Committee believed would be the most manageable. He stated that this policy would be extremely difficult to enforce on a regular basis, and explained that the first year would be used to establish the policy and make groups aware that a policy exist. Hoyt asked if the fees were to be paid on an individual or group basis. Connelly answered group basis. Board of Selectmen Meeting-May 13, 1997- page 5 Anthony commented that she had a problem with discriminating against non-residents. She commented that she, on many occasions, walked the lake in Wakefield and used their playground facility,,-Connelly reminded Anthony that this policy was only applicable to large groups and not individuals. Hines asked if there was any input from the public. Robin D'Antona had several concerns: • Why was small groups mentioned in a policy that didn't directly effect them • What was the word "encouraged" supposed to mean • Why were the times so restrictive • Why not have a policy only during the Summer months • What would happen on early release days from school • How would the 48 hours come into play for permitting D'Antona stated that she believes that the policy has good intentions but is not effective as it is currently written. She asked if there was any data available to support such restrictions. MacDonald asked Connelly if a permitting procedure during the Summer months made sense. Connelly responded that if there were no additional cost to the groups, why not be consistent with a policy year round. MacDonald asked if Connelly could explain how the permitting procedure would operate. Connelly responded that a group would make a request, if that request was for a year permit, than a blanket permit for that year would be issued. He responded that exceptions may be made to control over use. D'Antona stated that by adopting such a policy it may hold the Town liable for groups that did not conform with the appropriate chaperone to children ratios. Connelly stated that Town Counsel had reviewed the policy and has given his O.K. Ensminger left the room to find Town Counsel. Town Counsel Ted Cohen responded to the question by stating that by adopting a policy, a municipality cannot be liable. A municipality would be liable in the negligent execution of that policy. The group discussed the liability question. Ensminger recommended a "sunset" of 90 days be placed on the policy for review. Connelly reminded the Board that the first year was going to be used to educate groups that a policy does exist and that 90 days may not be sufficient time to evaluate the policy. The Town Manager stated that a policy was necessary and needed for this upcoming Summer season. MacDonald recommended that the policy be evaluated at 90 days, 6 months, and one year. Ensminger motioned that the words OFC Regulations be eliminated from the proposal. Board of Selectmen Meeting.-May 13, 1997 - page 6 On motion by MacDonald seconded by Anthony, the Board voted to close the public hearing on "Park/Recreation Policies relative to the group use of Imagination Station." The motion was approved by a vote of 5-0-0. MacDonald moved and Anthony seconded a motion to approve the Park and Recreation Policies relative to the group use of Imagination Station. Further, on motion by MacDonald seconded by Ensminger, the Board voted to remove the reference to the OFC regulations by a vote of 5-0-0. Further, Ensminger moved and MacDonald seconded a motion that the policies become effective May 15 for 120 days subject to review by the Recreation Committee and report to the Board of Selectmen at 90 and 120 day intervals. That amendment was withdrawn and a substitute motion by MacDonald seconded by Anthony to provide for a 90 day evaluation and then further evaluations at six months and one year was approved by a vote of 5-0-0. The main motion was then approved by a vote of 5-0-0. Approval of Execution of Deed and Documents - Pasture Road Conservation Land - This document is not ready to approve this evening, and the Board will put it on its Agenda for next week. Town Counsel noted that the litigation on Video Expo has started. The Attorney General has agreed to get involved in the case, and requested a one week delay to allow them to do research and prepare a brief. The Town has agreed. Review and Approve Payment of Legal Bill - The Town Manager noted that we have received a bill from Legal Counsel for representation of a Town employee in a conflict of interest/ indemnification issue. On motion by Ensminger seconded by Hoyt, the Board voted, to direct the Town Manager to meet with the attorney who represented the Town employee in a conflict of interest/ indemnification issue to negotiate a reduced fee in this matter. The motion was approved by a vote of 5-0-0. On motion by Ensminger seconded by MacDonald, the Board voted to adjourn at 10:30 p.m. by a vote of 5-0-0. Respectfully submitted, Sec tary