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HomeMy WebLinkAbout1995-06-06 Board of Selectmen Minutes Board or Selectmen's Meeting June 6, 1995 The meeting was called to order at 7:30 p.m.in the Selectmen's Meeting Room, 16 Lowell Street, Reading, MA. Present were Chairman, Dan Ensminger, Vice Chairman, Sally Hoyt, Secretary Camille Anthony, Selectmen Bruce MacDonald and George Hines joined the quorum at 8:30 p.m. Also present were Town Manager, Peter Hechenbleikner and the following list of interested parties: Liaison Reports/Selectmen's Comments Bruce MacDonald noted that he had attended the Chamber of Commerce breakfast , and that parking was a concern. The Union Street lot could be improved with lighting and security that might be better used. Also, some kind of a pedestrian access to the lot would be a help. He attended the Police Station Task Force. He walked South Street with abutters and Camille Anthony, Town Manager, Peter Hechenbleikner and Town Engineer, Joe Delaney. Camille Anthony attended the Chamber of Commerce meeting and was told that the trees down- town caused problems with regard to sign visibility. She noted that Jack Cairi led a walk on Local Government Day and she extended her thanks. She noted that ORI is helping to coordinate the Ipswich River cleanup. Sally Hoyt went to the Senior Center and joined the Bridge Club. She spoke on Memorial Day. She attended the Reading Scholarship evening, and the High School Graduation. She wished the 1995 graduates good luck. She attended the CPDC meeting with Camille Anthony and Town Manager, Peter Hechenbleikner, and the South Street Tree Trimming Plan. She attended the Middlesex County Advisory Board Legislative Committee Meeting. She got a copy of the Main Street Program from Stoneham, and noted that it would take three to four years for funding of a project like that in Reading. Dan Ensminger spoke at Memorial Day. He has reviewed the South Street legal issues. He will not be able to attend the MAPC meeting because of another meeting. The Board asked that enforcement issues with regard to the establishments that the police identified as selling to underage buyers be brought to the Board as quickly as possible. Discussion/Action Items Review of South Street Petition - The Board opened the review of the South Street issue in responding to a petition received from residents. Dan Ensminger reviewed the history of the project. The first plan was developed in 1991 and showed a 24 ft. roadway, sidewalks, and removal of approximately two dozen trees. The Board of Selectmen started working with the neighbors. Through discussions, the Town developed a uniform 20 ft. pavement width with no - shoulders and no sidewalk, and avoiding existing structures and trees. Board of Selectmen Meeting- June 6, 1995 page 2 CPDC approved the scenic road permit and has just approved the tree trimming plan. The design of this project is similar to that on Upper Pearl Street. The issue has been in litigation and the Town has prevailed. Walter Begonis of 289 South Street spoke for the abutters. He noted that they had a petition signed by 90% of the abutters, and that 4 1/2 years ago a similar petition was signed. "As a scenic road, the Board of Selectmen had been charged by Town Meeting to keep the character of South Street as a wagon road which was first plotted in 1765. 50 homes are impacted by the proposed reconstruction, and 44 property owners signed. Three were not home, and three others did not sign for other reasons." Begonnis noted that the residents had brought up many public safety issues, and the Board of Selectmen had always looked for input from the Fire and Police Chiefs. They asked if this information was requested and what their recommendations were. Begonnis thinks that the removal of the tree is a safety issue. He noted that with the help of Senator Tesei and Loretta Beddingfield better design standards for scenic roads were waived. "Michael Swanson, Deputy Director of the Secretary of Transportation could shed light on this issue. The residents have never heard from Town Counsel with regard to the liability issue. The Tree Warden signed off on the removal of the tree. The recent accident on South Street may have been a DUI. The driver was speeding down the road and ended up in the front yard of 287 South Street, taking out a pole and hitting a tree. Nothing was reported in the newspaper." He noted that the master plan proposes to cut down on through traffic in neighborhoods, for more slower and safer traffic. Decisions on the Bear Hill site, and the Industriplex area will encourage cut through traffic. He felt the Board of Selectmen should stand behind its residents. The existing design of the road works just fine - the trees are a safety net. The removal of the tree at 282 South Street is a mistake. The mechanism is in place to reconstruct the road within the existing foot path. Joe Delaney noted that AASHTO establishes standards. The Massachusetts Highway Department adheres to those standards. The minimum design criteria for this road, assuming that it is a local rural road, would be 20 feet plus 4 ft shoulders. The design proposes 20 ft. without the shoulders. As a licensed professional engineer, he would not endorse the plan if it is less than 20 feet. The design meets all scenic road criteria and the CDPC has approved the project. Bruce MacDonald was in touch with the MI-ID -Michael Swanson, and said the standards should be rewritten to be more flexible. He felt there was no barrier from the state to rebuild the road in the existing footprint. He noted that it is difficult to communicate to engineers on flexibility and design. Dan Ensminger asked if the Town Engineer would not sign it, how would we accomplish the project. Sally Hoyt noted that the time that the project was proposed, she had voted to retain the road in the current footprint. She called the Mass. Highway Department, and would support rebuilding the road in accordance with the proposed design. Board of Selectmen Meeting -Jury.;6, 1995- -,age 3 Bruce MacDonald asked if the Board of Selectmen as a policy making body makes a decision, would the Town employee not have to proceed. Dan Ensminger noted that the Board of Selectmen under the Charter has explicit authority for policy making but not administration. Camille Anthony noted that we can't ask Town staff professionals to do things that are contrary to their professional judgment. Bruce MacDonald quoted the AASHTO standards from the Conservation Law Foundation. George Hines and Camille Anthony noted that Town employees are expected to abide by standards. Dan Ensminger noted that Chief Marchand had done a traffic study and that most of the traffic using South Street was from feeder streets within Reading - not "cut through traffic". He noted that we are working with Wakefield on restrictions on Hopkins Street at Prospect. He also noted that if the street is rebuilt in the current footprint, that it will be wider than 20 ft. at the upper end. With regard to liability, he has spoken with Town Counsel and noted that their is no liability as to the enactment of policy, but there is potential liability in the implementation of policy. He felt the Town and the Board could face liability. MacDonald moved that the Board of Selectmen rescind the previous vote of the Board of Selectmen and substitute instead a motion to authorize South Street to be rebuilt within its current footprint. Dan Ensminger noted that would be a motion to reconsider and could only be made by someone who was on the prevailing side of the previous vote. After discussion of Roberts Rules of Orders, it was determined that this was not a motion to reconsider, but the motion was not seconded. There is no further action on this item. - Personnel and Appointments The Board proceeded to interview applicants for Boards, Committees and Commissions as follows: Human Services Housing; Authority- Jean Galvin was interviewed for a position on the Housing Authority for a term expiring June 30, 2000. George Hines expressed concern about communications with the Housing Authority, and difficulties in getting several projects involving affordable housing through the necessary approvals. Camille Anthony noted that she was impressed by the job the Housing Authority on upkeep of its projects. Dan Ensminger asked whether policy issues are evolved by the Authority or the Executive Director. He asked how policy was set. Galvin noted that it was somewhat like the Board of Selectmen and that the Executive Director was a vital part of the policy making process. On motion by Anthony seconded by MacDonald, Jean Galvin was appointed to a term on the Housing Authority for a term expiring June 30, 2000. Hazardous Waste Committee - The Board interviewed Kevin P. Hayes, Foy Johnson, John G. Dupont, Lawrence J. Scola. On motion by MacDonald seconded by Hines the four applicants were placed into nomination for three terms on the Hazardous Waste Committee, and Hayes, Johnson and Scola were appointed. Board of Selectmen Meeting-June 6, 1995 - page 4 On motion by MacDonald seconded by Hoyt, John G. DuPont was appointed as an Associate for a term expiring June 30, 1996, by a vote of 4-0-1. George Hines expressed concern about Associates being appointed without guidelines as to the appropriateness of Associates, how they should be appointed and their role in committee participation. Council on Aging - There were three terms available on the Council on Aging and only one applicant. On motion by MacDonald seconded by Hoyt the Board appointed Mary J. Andreola for a term on the Council on Aging for a term expiring June 30, 1998. Board of Health - There were two applicants for the Board of Health - Jim Nugent and Cynthia Richards. Both were interviewed and on motion by MacDonald and seconded by Hoyt, James J. Nugent was appointed to a term on the Board of Health for a term expiring June 30, 1998. Hines asked about the possibility of an Associate member on the Board of Health, since the Board supported Associate members. Substance Abuse Advisory Council - The Board interviewed applicants for five terms. They interviewed Gaynell Knowlton, Sandra Michaud, Marie B. Cullen, Marie C. Simione, Steven H. Sliwoski, Shelly A. Steenrod. On motion by Anthony seconded by Hines the Board placed all names into nomination, and Gaynell Knowlton, Sandra Michaud,Marie Simione, Steven Sliwoski and Shelly Steenrod were appointed to the Substance Abuse Advisory Council for terms expiring June 30, 1998. On motion by Hoyt seconded by MacDonald the following names were placed into nomination for a single term on the Substance Abuse Advisory Council for a term expiring June 30, 1996: Dennis Richards and David M. Stamatis. David Stamatis was appointed. On motion by MacDonald seconded by Hoyt the Board placed into nomination the names Dennis Richards and Mary Cullen for terms expiring June 30, 1997 -Mary B. Cullen was appointed. Recreation Committee - John Pacino, Andrew Vaccari and David Bryant were interviewed for terms on the Recreation Committee. On motion by Hoyt seconded by Anthony, John B. Pacino, Andrew Vaccari, and David H. Bryant were appointed to the Recreation Committee for terms expiring June 30, 1998. Commissioners of Trust Funds - John J. Daly and Catherine Martin were interviewed for one position on the Commissioner of Trust Funds. On motion by Hoyt seconded by Hines, John J. Daly was appointed to a term expiring June 30, 1998. Cable TV Committee - There were three terms on the Cable TV Committee. Michael Longo and Kevin A. Kirwin were interviewed. On motion by Hines seconded by MacDonald, Michael M. - Longo and Kevin A. Kirwin were appointed to terms on the Cable TV Committee expiring June 30, 1998. Sally Hoyt abstained since her son is also an applicant. He was not able to be interviewed but will be interviewed for the one remaining term. Board of Selectmen Me;;Ling -June 6, 1995 - page 5 Constables - The following people were interviewed for the Constable positions: William J. Hughes, Douglas R. Cowell, Michael J. Janvrin, Donald J. Briangwynne. Salvatore Mele was not available to be interviewed since he's just come out of the hospital, but he had expressed his interest through the Town Manager. On motion by Hines seconded by MacDonald all names were placed in nomination, and William Hughes received four votes and was appointed, Salvatore Mele received four votes and was appointed, Douglas Cowell received two votes, Michael Janvrin two votes, and Donald Briangwynne received zero votes. Cowell and Janvrin receiving two votes each were not appointed. Their remains a third term as Constable that may be available, but is not required to be -appointed. Sally Hoyt abstained from all discussion and voting on this issue since she is a Constable. On motion by Hines seconded by Hoyt the Board voted to go into Executive Session for the purpose of discussion of sale of real estate and approval of minutes not to come back into Open Session. On a role call vote all five members voted in the affirmative and the meeting was adjourned at 11:11 p.m. Respectfully submitted, Secretary