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HomeMy WebLinkAbout1995-12-19 Board of Selectmen Minutes Board of Selectmen Meeting December 19, 1995 The meeting was convened at 7:09 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman George Hines, Selectmen Dan Ensminger, Bruce MacDonald. Secretary of the Board of Selectmen, Camille Anthony, joined the meeting at 7:15 p.m. Also present were Town Manager Peter Hechenbleikner, H. Theodore Cohen, and the following list of interested parties: Paul Feely, Jr., Mark Gallant, Nancy Eaton, John Molloy, John Flynn, Jonathan Barnes, Ron Wood, Gary Buonarosa, John Coote, Gloria and Lucky Hulse, Tim Twomey and Bob Silva. Approval of Minutes On motion by MacDonald seconded the Hines, the Board voted to approve the minutes of December 4, 1995 by a vote of 4-0-0. Liaison Reports/Selectmen's Comments On motion by Hines seconded by Ensminger, the Board voted to table Liaison Reports and Selectmen's Comments until the end of the meeting by a vote of 4-0-0. Public Comment: There was no public comment. Town Manager's Report: The Town Manager noted that additional volunteers are needed for Meals on Wheels. The tax rate has been set at $16.38 per $1,000 of assessed valuation. TIPS training has been arranged by Gerry Horton from the VFW. The FY '95 audit is complete and has been delivered to the Board of Selectmen. South Street reconstruction is complete except for the final seeding and tree planting which we did in the Spring. Upper Pearl Street is buttoned up for the winter and we have notified residents of this status. Bids were awarded by the Board of Selectmen and the RMLD Board for the sale of 25 Haven Street to P.J.C. Realty for Brooks Pharmacy in the amount of$370,000. The DPW has done an excellent job with snow plowing and removal and we will continue to pay special attention to the Downtown area, especially during the holiday season. Personnel and Appointments: Approval of Agreement - AFSCME Eng./W.T.P. The Town Manager reviewed a side letter to the contract with the AFSCME DPW Union relative to out of classification pay and safe bank deposits. On motion by Ensminger seconded by MacDonald, the Board voted to approve the side letter by a vote of 5-0-0. The Town Manager presented the proposed Agreement between the Town and AFSCME Engineers and Water Treatment Plant Union. On motion by MacDonald seconded by Hines, the Board voted to approve an Agreement between the Town and AFSCME Engineers and Water Treatment Plant Union for the duration of July 1, 1995 through June 30, 1998 by a vote of 5-0-0. Board of Selectmen Meeting-December 19 1995 -page 2 Approval of Health Insurance Agreement The Town Manager explained the renewal of the Health Insurance Program and the coalition bargaining relative thereto. It was suggested that a fuller presentation should be done next time for the Board. The Town Manager noted that the major change in this agreement is that the new "floor" below which the Town's contribution will not go unless negotiated otherwise is 65% instead of 50%. In exchange, the Town has gotten the Unions to agree to eliminate the equal dollar of language. The Town Manager viewed this as a positive change. On motion by Anthony seconded by MacDonald, the Board voted to approve an Agreement between the Town of Reading and the Employee Bargaining Units for Health Insurance for a term beginning March 1, 1996 and expiring February 28, 1997 by a vote of 5-0-0. Discussion/Action Items: Town Manager's Evaluation: The Board of Selectmen reviewed the Town Manager's Evaluation. In 23 elements in 6 major areas, 13 were rated excellent by a majority of the members of the Board of Selectmen, and 10 were rated good by the majority. 13 business practices goals were evaluated, and 22 other goals were evaluated. Four of these goals were rated excellent, 7 were good and 6 satisfactory. The Board noted that the evaluation was considered excellent. Some of the categories were difficult to evaluate because they were not clearly defined. The Board went through some detail of the different rankings, and suggested that at the beginning of the year we talk about goals. It was noted that a recommendation had been made that the Town Manager receive an additional salary increase, but this will need further evaluation. It was also suggested that the Board should talk about the form and evaluation process at another meeting. Renewal of License- Star Enterprises: The Secretary of the Board of Selectmen read the notice for the public hearing. On a request by Star Enterprises (Reading Texaco Station) to be granted the right to continue to operate at the station located at 87 Walkers Brook Drive in Reading 24 hours a day. Representing the applicant were Mark Gallant and John Molloy. They indicated that they are also requesting a Common Victualler's License which complies with these hours. They have complied with all requirements on the previous license to operate for 24 hours. They have two staff people present at all times so that the market is now open 24 hours a day. Information on availability of gas cans, etc. will be posted in a public area. The applicant noted the contributions they have made to local charities including the Coolidge Middle School Science Olympiad Team, Police Superior Officer's Association, Toys for Tots, Salvation Army, Food Pantry and D.A.R.E. Camille Anthony asked if there were any police problems on the site, and both the applicant and the Town Manager indicated that they were not aware of any. i Board of Selectmen Meeting-December 19. 1995 - page 3 The Board opened the hearing to the public. Ron Wood asked a question as to whether or not the station is open for 24 hours. He went to the station "a while ago" and was not allowed in the store. Gallant noted that they were not letting anyone in the store for security reasons but the store is open now. George Hines congratulated the applicant on becoming more involved in the community and giving contributions. On motion by Ensminger seconded by MacDonald, the Board voted to close the public hearing on an application to operate the Star Enterprises Texaco Service Station 24 hours per day. The motion was approved by a vote of 5-0-0. On motion by Ensminger seconded by Anthony, the Board voted to approve the operation of Star Enterprises Texaco Service Station at 87 Walkers Brook Drive on a 24 hour per day, 7 days per week basis, including a common victualler's license, subject to the following conditions: restrooms remain open during all hours of operation; gasoline be made available during all hours of operation with gas cans available for motorists who may have run out of gasoline; a list of repair shops and towing operators who do business 24 hours a day will be posted and made available to motorists in need. The motion was approved by a vote of 5-0-0. Lottery for Bear Hill: Paul Kelly, Chairman of the Housing Partnership Committee, presented the outline of the proposed marketing and lottery plan for the affordable housing units at Bear Hill. Camille Anthony noted that the Reading Housing Authority has been involved in drafting the lottery guidelines. She asked about occupancy dates, and whether the soft second loan program could tie into this lottery. Sally Hoyt noted that the sales office is open. Bruce MacDonald asked about the local preference versus statewide preference, and why we had a statewide preference. George Hines noted that he felt very strongly that it should be local preference only. John Coote noted that local residents will be in both the state and local lists for the lottery. Jonathan Barnes noted that this is a local program publicly administered and run by the Town. Bruce MacDonald noted that local preference is very broadly defined and wants to increase the number of units available for local residents. George Hines noted that this is a rare opportunity to provide housing for local residents, and it should be exclusively local. Dan Ensminger noted that we should keep it as a local program unless we need to broaden it. If we do need to broaden the program beyond local preference, he would accept a ten local versus one statewide option. Jonathan Edwards noted that these units needed to retain their affordability and perpetuity. He noted that there should be restrictions to prevent these units from being rented out. He wondered what the ongoing Town obligation would be -- would the Town be maintaining a list? George Hines noted that the Minutes should reflect the Board of Selectmen's comments, and that the sense of the Board of Selectmen is that the lottery be totally local preference. John Coote noted that the seven local and four statewide preference was based on state guidelines. He noted that in establishing our ordinance, the Town should have set the income limits at 80% of income guidelines so that these units would count with the state as affordable units. MacDonald repeated that he would like to see this 100% local program. Kelly noted that state action will be required because EOCD needs Board of Selectmen Meeting-December 19, 1995 -page 4 to approve the Master Deed for the affordable housing restriction and, therefore, we may need to provide for some statewide units. Camille Anthony expressed concern that the Town Bylaw does not meet the Affordable Housing Guidelines. It was noted that the Housing Partnership and the Housing Authority are the ones who finally approved this document, and that it is not a Board of Selectmen's final approval. On motion by MacDonald seconded by Ensminger, the Board voted to approve the outline of an affordable housing lottery as presented by the Housing Partnership with the following change: 100% of the units be designated local preference. The motion was approved by a vote of 5-0-0. Application for Keno License-P & S Convenience Store: Gary Buonarosa was present. He spoke to the Board and noted that his application for Keno was accepted but the moratorium stopped the installation. He noted that Keno is just another part of the lottery. Not having the Keno license puts P & S at a competitive disadvantage - although by itself, it would not be a large part of the lottery business. Keno would be 10-15% of the existing sales. Scratch sales have gone down 10-15% because he does not have Keno and his competitor in Reading does have Keno. Dan Ensminger noted that the Town shares in lottery receipts. The Keno money goes directly to the state. Buonarosa responded that this was not correct. There was an amendment in the budget. If Keno is not permitted in any community, then the Keno funds would be divided between the communities that do allow it. Having the lottery in a convenience store is able to keep the business alive. He is especially concerned about the road construction that will take place. He has made a financial investment in remodeling the store by putting in tables, etc. getting ready for Keno. Bruce MacDonald noted that he wants to be pro business but will not vote to approve the Keno license in this location. It is near schools and there are young people in the stores frequently. Keno is an interactive, visible and participative game. He wishes we did not have any Keno licenses in Town, and doesn't think we should add to the Keno licenses. Dan Ensminger asked about age requirements -- and Buonarosa noted that you have to be eighteen to play any lottery game. He has never had a problem. He asks for an I.D. He has had only one violation on smoking regulations. He is very careful of the age requirements for the lottery because if he lost his ability to sell lottery, it would be a huge loss. Very often, parents buy scratch tickets for their kids. George Hines noted that Keno has received a lot of public attention. It is an interactive game. It is unfortunate on a basis of equity that one store in Reading has Keno and the other store does not. He does not think we should contribute to the problem. Buonarosa noted that it should have been in the store already. He noted that Senator Tisei said that if the Board of Selectmen turns down his application, he (Senator Tisei) will support his appeal. As part of the business of a convenience store, it brings in customers. MacDonald noted Board of Selectmen Meeting-December 19, 1995 - page 5 his vote against this application is not anti-business -- it is anti-gambling. Camille Anthony noted that this is a broad policy issue and is not directed to a particular individual. Sally Hoyt noted that she will abstain. George Hines asked if she had a reason, and she indicated that she does but does not want to state it. MacDonald asked if there was any way that we can remove the other Keno license in Town and asked about MMA and other legislative avenues to accomplish this. A memo from Police Chief Marchand was read that recommended that a Keno license not be granted. On motion by Hines seconded by MacDonald, the Board voted 0-4-1 with Hoyt abstaining not to approve a Keno license for the P & S Convenience Store at 287 Lowell Street and to convey the actions of the Board of Selectmen to the State Lottery Commission within the twenty-one days provided. Approval of License to RMLD: The Town Manager reviewed a modified license for the easterly portion of Sixth Street to provide electrical service to the Bear Hill site from Summer Avenue. The Board indicated that it would take this up at a later date after it had a chance to review the license. Enforcement of No Trespassing "Old" Sanborn Lane: Harold (Lucky) Hulse presented three issues to the Board: (1) asked the Board to establish a 15 MPH speed limit, (2) asked the Board to enforce the speed limit and/or to authorize the Reading Police Department to enforce it and (3) have the Board of Selectmen issue a letter to non- easement holders in Sanborn Village indicating that they do not have easement rights to use this private way. Ted Cohen reviewed his letter of December 14, 1995. He noted that the Board of Selectmen have the authority to establish a 15 MPH speed limit if it feels that it has obtained the written request from all of the abutting property owners. Regarding enforcing trespassing, Cohen was much more concerned. He noted that there is a class of people who have rights to use Old Sanborn Way and that other owners also have easement rights. He doesn't know who they are -- he hasn't seen a list. The group of people include families, friends, invitees, etc. How do the Police determine this? Do they stop everyone? This is different than a dead end street. Finally, with respect to writing a letter, he is not aware of this having been done with respect to other private property rights and Cohen recommends that the Town not get involved in this. Cohen noted that these issues are part of a larger issue and the Town has offered three former - Selectmen as a mediation panel. No response has been received back with regard to such a process. He would hope that a mediation process would result in a successful resolution. Board of Selectmen Meeting; -December 19. 1995 -page 6 Hulse responded that his attorney was notified that the other property owners group would not pay attorney expenses to attend and, therefore, a mediation session could not be set up. He asked if this group represents only those who have rights in Old Sanborn Lane. Cohen noted that there is allegedly a Home Owners Association and that the Association is still a party to the litigation. However, the home owners individually could attend, and it was suggested that attorneys should not be present. Gloria Hulse noted that there are twenty acres which include 17 plus or minus homes who have rights to use Old Sanborn Lane. Other property owners on Macmillan, end of Roma and Thomas do not have such rights. She felt that out of neighborliness, these people should not use it. A letter from the Town should state this. School buses, oil trucks, etc. should also not use it. Lucky Hulse noted that there have been three physical confrontations -- two with oil trucks. Additionally, Gloria Hulse waved down a car and the driver threatened to get out of the car and beat her up. If the speed limit is posted 20, then it will go to 30 MPH. Camille Anthony noted that this issue should have been addressed when the development was created. She would recommend a 15 MPH speed limit. George Hines noted what the process would be to set a speed limit, and Ted Cohen noted that you would follow the process that you normally do. A notice of a hearing on this issue should be sent to the 17 people who have the rights to use Old Sanborn Lane. The Town Manager is directed to schedule a hearing. Hines noted that he does not feel that the other things requested are things that the Board of Selectmen can do. Gloria Hulse noted that a sticker could be instituted or that a gate would be an ideal situation. The Town Manager wondered how one would identify visitors who have the right to use this road. Bruce MacDonald asked if the easement holders refuse to meet, what recourse is available. Cohen noted that we could try and if we are unsuccessful, we could go back to Land Court and request the Land Court's intervention. Change in Parking Regulations - Woburn Street between Summer and West: The Town Manager noted that a letter had been sent to all of the abutters and that of the responses received, no one was in favor of the change. Therefore, staff was not recommending any change. Discussion Regarding Police Station Siting: Bruce MacDonald reviewed a memo of 12/19/95. George Hines noted that he was approached by the property owner behind the existing station (at the corner of Parker and Haven Street), but this option was not evaluated. Lt. Bob Silva noted that the architect says it is possible to expand to the rear, but such a building would be very elongated and would be at different levels. The most number of parking spaces that you would be able to get would be 20 spaces. Such a proposal is not impossible but far from ideal. George Hines noted that he did not think we would come up with the ideal. Dan Ensminger noted that there is a couple of potential parking lots to be - used -- the Union Street lot or joint use of the Housing Authority lot across the street. He feels the idea has some merit. A full review of the design criteria should be done with the architect. i r Board of Selectmen Meeting-December 19, 1995 - page 7 We may be able to design a slightly smaller facility to fit on the lot. Tim Twomey, School Committee liaison to the Police Station Building Committee, noted that the School Committee has not had any discussion. They are starting to get into the process of hiring an architect to evaluate the Reading Memorial High School. George Hines recommended four steps: (1) schedule session with the architect regarding space requirement; (2) scope the existing site in+ conjunction with the property; (3) formerly approach the neighbors about acquiring their property; (4) evaluate the Salem Street site. Ron Wood noted that there is property opposite "Apache Pass" at Route 128 that may be available. MacDonald felt that the Board should formally ask the School Committee about the Oakland Road Site. Sally Hoyt felt that the Town should look into the Cerretani's property. Waiver Arts Council - The Town Manager presented a request from Karen Stamatis that she be granted a waiver for her position on the Arts Council, and that she has received a Arts Lottery Grant in the amount of $350.00. On motion by Anthony seconded by MacDonald, the Board voted to approve a waiver for Karen Stamatis for the Arts Council indicating that the approval to Mrs. Stamatis of an Arts Lottery Grant in the amount of$350.00 is not so substantial as to be deemed likely to effect the integrity of service expected from her as a Council member. The --; motion was approved by a vote of 5-0-0. Licenses, Permits and Approvals: Change of Manager-Wes Parker's Restaurant: The Town Manager noted that there was a request for Change of Manager at Wes Parker's Restaurant. On motion by Anthony seconded by Ensminger, the Board approved the Change of Manager to Kristin R. Deming of 38 Medford Street, Medford, MA by a vote of 5-0-0. Renewal of Licenses: The Town Manager reviewed the renewal of licenses. He noted that the Town had reviewed taxes and/or other items owed to Town, and has a review from the Police Department of the Class II Motor Vehicle Licenses. The Board had not objection to issuing the licenses for Class II Motor Vehicles, Common Victuallers, Class I Motor Vehicles, Class III Motor Vehicles, Amusement, Entertainment, Laundromat and Taxi Licenses, with the exception of Domino's Pizza and Mr. Softie for Common Victualler's Licenses because taxes were not yet paid. There being no further business to come before the Board, on motion by Anthony seconded by MacDonald the Board voted to adjourn by a vote of 5-0-0. Respectfully submitted,/,'-,, Secretary�