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HomeMy WebLinkAbout1994-04-26 Board of Selectmen Minutes Board of Selectmen Meeting April 26, 1994 The meeting was convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, MA. Present were Chairman - - George Hines, Vice Chairman Bill Burditt, Secretary Sally Hoyt, Selectmen Camille Anthony and Dan Ensminger, Town Manager Peter Hechenbleikner and the following list of interested parties: Nancy Eaton, Edward Smethurst, Lee Roberts, Gladys Cail, Dorothy Parry, Ralph Parry, William McGee, Barbara Fagan, Jack Fagan, Paul Johnson, William Johnson, Jim Biller, Craig Tateronis, Mary Avery, Lorelle Lawlor, Joan Neary„ Walter Begonis, Josh Drexler, Everett Roscoe Jr. , Bob & Diane Weggel. Approval of Minutes On motion by Hoyt seconded by Burditt the Board approved the minutes of the meeting of April 5, 1994, as amended by a vote of 5-0-0. On motion by Burditt seconded by Hoyt the Board voted to approve the minutes of the meeting of April 12, 1994, as amended by a vote of 5-0-0. On motion by Ensminger seconded by Hoyt the Board voted to ap- prove the minutes of the meeting of April 19, 1994, as amended by a vote of 5-0-0. Liaison Reports/Selectmen's Comments Dan Ensminger indicated that the Audit Committee had met, and that he had also attended a meeting of the Finance Committee regarding the Pay and Classification Study. Bill Burditt indicated that he attended the Finance Committee meeting. He had also talked with the Public Safety Department, and found that the Police Department has received a pick up truck at no cost through a Federal program called Northstar. The truck must be used on activities related to drug enforcement. The Town has also been offered a motorcycle from Atwood Motors, via a Reading resident who owns this business. He noted that May 15 is National Police Week and Police Memorial Day. He noted that the Bicycle Safety Helmet Program is underway. Sally Hoyt attended the, Finance Committee meeting regarding the Pay and Classification Study. She also attended her fifth Legis- lative Session and was able to assume a role serving as a Senator. She attended the Reading Housing Authority meeting regarding the Bear Hill property with Messrs. Dolben and Latham, and they are close to finalizing housing issues. She attended the Girl Scout Gold Award reception with George Hines, and ex- tended congratulations to Gretchen Labbs and Allissa and Carolyn Morse. She attended the Middlesex County Advisory Board meeting in Waltham at which Mr. Brune, Register of Deeds, was present. She also attended the Girl Scouts Spaghetti Dinner. Camille Anthony noted that a bill for reimbursement of election expenses has been filed and is before the Election Law Committee. She also noted that the Education Reform Law has banned smoking Board of Selectmen Meeting - April 26, 1994 - page 2 on school properties but that there is a proposed change to this. She asked about the development of an open space plan for Town, and whether or not there is a 350th proclamation. George Hines noted that he represented the Board of Selectmen at the Girl Scout Gold Award Ceremony. He also attended the Eagle Scout Ceremony for Chris Lucas - this is the 65th Eagle Scout in Reading. He received a thank you note from the Junior Women's Club who ran the Spelling Bee. There were 12 recipients of the funds including Understanding Handicaps, the food pantry, the 350th, etc. He attended a Reading Clergy Association meeting to discuss the issue of youth violence in the community and what could be done as preventative measures. He also noted that a new organization to provide teen summer baseball has been developed. It is the Babe Ruth program and has two divisions: 13 - 15 yrs. old, and 16 - 18 yrs. old. Public Comment Lois Bond noted that this Thursday, Mr. Brune, Register of Deeds is at the Senior Center to discuss the Homestead Act. Town Manager's Report The Town Manager reported that there are vacancies on the Housing Partnership Committee and on the Solid Waste Advisory Committee. Washington and Main Street construction continues on schedule with completion scheduled by the end of May. The Ice Rink road contract has been awarded and construction will begin immediately with completion scheduled for the fall. The Building Inspector vacancy has been advertised and applications were due on Monday. A preliminary screening process will be done with the position filled within about a month. Town Engineer applications are being reviewed and we hope to have the position filled by the end of May. The Recreation Administrator position is near to being filled - the Recreation Committee is meeting with the finalist tomorrow. The Town Manager thanked the Board of Selectmen, the Finance Committee and Town Meeting for their vote of support in approving the Pay and Classification Study that was recently com- pleted. He indicated that the process was late in getting done and that created some frustration, but that everyone recognized that the approval of the plan was appropriate and a priority. The Board of Selectmen and the Cable TV Advisory Committee are holding a joint hearing on Thursday, May 12 , to hear public input on the performance of the cable franchise holder and to seek public input on requested service when the franchise renewal is considered. Proclamation Recognizing Elder Services Volunteers - On motion by Hoyt seconded by Burditt a proclamation recognizing Elder Serv- ices' volunteers was approved by a vote of 5-0-0. Lee Roberts, Gladys Cail, Dorothy and Ralph Parry were present to receive the proclamation. Board of Selectmen Meeting - April 26, 1994 - page 3 Proclamation Recognizing National Teacher Day - On motion by Hoyt seconded by Burditt a proclamation recognizing National Teacher Day was approved by a vote of 5-0-0. Robert P. Donovan, Presi- dent of the Reading Teacher's Association was present to receive the proclamation. Discussion/Action Items Status of South Street Litigation - Ted Cohen was present to review the status of the South Street litigation. The Town won. a dismissal in the case. The proponents are asking CPDC to recon- sider their decision on the Scenic Road approval, but Cohen noted that CPDC does not have the power to reconsider their approval under the Scenic Road Act unless requested by the .applicant - the Town of Reading. Cohen noted that when the litigation started, the Board of Selectmen agreed that they would take no further ac- tion until the court dealt with the motion to dismiss. Since the court has now dismissed this action, Cohen felt that the Board of Selectmen was free to proceed with the project. George Hines noted that the judge took an extraordinary step in addressing the procedural issues in subsequent matters, and found on the Town's favor on all issues. Cohen noted that this is as far a court ever goes in a case of this type. Ensminger asked how long any further procedure and litigation would take, including a motion for reconsideration. Cohen noted that the process initially took almost a year, and we would hope that the judge would rule on the issue of reconsideration within a couple of weeks. Anthony asked if a tree permit was issued by the Tree Warden. The Town Manager noted that the Board of Selectmen has taken all action that is required, but held off doing a tree removal awaiting the results of litigation. He noted that the Tree Warden will now be directed to remove the tree. The Selectmen took their vote on January 19, 1993 , and it is , now appropriate to proceed. Cohen noted that all conditions of CPDC will have to be complied with. Mark Favalaro representing the litigators noted that he agrees substantially with what Cohen has said. He noted that there is still pending litigation and that they have 30 days from the -decision to appeal. He asked the Board of Selectmen to wait for that time. He noted that they are on the CPDC agenda on May 9, to present additional facts to CPDC. He noted that the Tree War- den has voiced objections and felt that the Tree Warden is not an agent of the Town. He noted that Town Meeting has voted to authorize the improvement of South Street with the existing layout, and they are trying to develop a consensus. He feels that the Board of Selectmen should let the process go through the courts and that there is valid reason not to proceed. Cohen agreed that the applicant has a right of appeal within 30 days of the date of denial. The appeal process can be extremely lengthy, 18 months to two years. It will take at least four to six months for both parties to file a brief, it would be heard in six to nine months, and it should be decided four to six months after that. There is nothing pending to prevent the Board of Selectmen with proceeding on this project. Board of Selectmen Meeting - April 26, 1994 - page 4 Ensminger noted that he would view the Board of Selectmen's direction in terms of the tree removal as an administrative process. The plan for construction of the project has been scaled back. The Board needs to draw the line at some point and proceed with the project because of the deterioration of the road. He is prepared to get on with the project. If the ap- plicant proceeds with an appeal, then the Town's work will be done at its own risk. If the Town did the work and the court decided against the Town, he asked TownCounselwhat would hap- pen. Cohen noted that the court could order restoration, or dol- lar damages but both were unlikely. The Town would be operating at its own peril, but any direction from the court is unlikely to be drastic. Mark Favalaro noted that the overriding concern was public safety - this is an attractive cut through route. If the speed of the road increases, the Town may be liable. Hines noted that both the Board of Selectmen and CPDC noted issues of safety. He feels the scenic qualities were preserved and that other attempts will be made to deal . with cut through traffic and speed in a regulatory manner. Hoyt noted she does understand the concerns, but the case has gone in favor of the Town and she doesn't know what else would come of further appeals. She noted that the issues have not been able to be resolved, but trees will be re- placed. on motion by Ensminger seconded by Burditt the Board voted to direct the Town Manager to proceed with the design and reconstruction of South Street from Main Street to Walnut Street in accordance with the approved design in accordance with the scenic road approval. The motion was approved by a vote of 4-1-0 with Hoyt opposed. Personnel and Appointments Conservation Commission - The Board interviewed candidates for an unexpired term on the Conservation Commission. Interviewed were Nancy Eaton, Joshua Drexler, James Roscoe and Craig M. Tateronis. Christopher Latham indicated he would desire an Associate member- ship, and Ronald Wood withdrew. In her interview, Ms. Eaton rioted that her major issues would be a coordination between the State requirements and the Town. She would like to reduce red tape and provide more informative information. She felt there were no conflicts any more than anyone else in Town. She felt there was none with respect to Reading Rifle and Revolver Club membership and presidency. If there were any issues with regard to the abutting property, and it fell within a conflict of inter- est guidelines, she would excuse herself. She feels the swap is not a conflict of interest and does not know of any other issues. If she was not appointed she would continue to be an Associate member. Drexler noted that he was concerned about conservation - management for active use of conservation lands. He would con- sider an Associate membership. He has no conflicts. He is con- cerned about PRD overlays. Roscoe would consider an Associate membership. Tateronis is potentially interested in the Reading Housing Partnership also. Board of Selectmen Meeting - April 26, 1994 - page 5 On motion by Burditt seconded by Hoyt the following names were put into nomination for a position on the Conservation Commission for a term expiring June 30, 1994: Nancy L. Eaton, Joshua D. Drexler, James E. Roscoe, and Craig M. Tateronis. Nancy Eaton received four votes and was appointed to the position. Ensminger noted that he finds the Associate situation frustrating in that the Conservation Commission appoints their own Associates, and then recommends the Associates to membership and in effect is "appointing their own members. " Jim Biller, Chairman of the Con- servation Commission, agreed that this is an issue that could be discussed with the Board of Selectmen. Water and Sewer Advisory Committee - None of the candidates for the Water and Sewer Advisory Committee were present. Solid Waste Policy Committee and Housing Partnership - There were no candidates for the Solid Waste Policy Committee or for the Housing Partnership Committee. DiscussionJAction Items Review and Clarification of Pol=icy Regarding Swimming Pool Abate- ments of Sewer Charges - The Board discussed the issue of clarification of a policy regarding swimming pool abatements of sewer charges. Ted Smethurst was present and spoke on the issue. The Board referred the issue to staff and asked for information on: 1) how many requests exist for replacement of pools vs. re- placement of liners; 2) and what is the cost of such a policy to general rate payers. Review of Rubbish Collection - Condos - The Town Manager reviewed the issue of rubbish collection for condos. It was noted that developers do whatever is needed to get approval of their project, and then when residents move in they see an unfairness in the situation and requests changes. Policy on RMLD Re-Use Task Force - The Town Manager reviewed an outline of a policy on the RMLD Re-use Task Force, and the Board agreed to proceed with this matter with a provision that the policy be sent to the RMLD for their input. No member of the Arts Center Task Force will be included in it because of poten- tial conflict. Policy on Vending on Public Property - Catherine Quimby and mem- bers from the 350th Celebration Committee were present. They discussed issuance of peddlers licenses for the 350th Events. On motion by Ensminger seconded by Hoyt the Board voted to authorize the Town Manager to issue peddlers and solicitors licenses for the 350th events in accordance with the guidelines outlined in the 350th Steering Committee's memo of 4/25/94 as amended. The - motion was approved by a vote of 5-0-0. Approval - Police Officer's Contract - On `motion by Burditt seconded by Ensminger the Board voted to approve the collective bargaining agreement between the Town of Reading and the Reading Board of Selectmen Meeting - April 26, 1994 - page 6 Patrolman's Association Mass Cop Local 191 effective July 3, 1993 and expiring June 30, 1995, and the side letter thereto. The mo- tion was approved by a vote of 5-0-0. Licenses Acura International On motion by Hoyt seconded by Anthony the Board approved the granting of taxi and courier licenses to Acura International of 93 Dana Road for the following vehicles for a term expiring April 30, 1995: 1987 Oldsmobile Station Wagon, 1984 Chevrolet Station Wagon, 1985 Chevrolet Station Wagon, 1986 Oldsmobile Station Wagon, 1987 Chevrolet Station Wagon, 1987 Oldsmobile Station Wagon, all with VIN numbers as outlined in the application. The motion was approved by a vote of 5-0-0. On motion by Hoyt seconded by Ensminger the Board voted to issue taxi licenses to the following drivers for Acura International provided that the drivers shall garage their vehicles at- their place of residence and will minimize the trips to the office location at 93 Dana Road: Kenneth Wiswall, Kenneth Henshall, Lloyd Donald, Charles Carney, and that the Board of Selectmen amend the permit previously granted to Glen Gallant to expire April 30, 1995. All received five votes and were approved. Town Taxi, Inc. - On motion by Hoyt seconded by Burditt the Board voted to grant taxi licenses to Town Taxi of Reading, Inc. , of 11 Lothrop Road for the following vehicles for a term expiring April 30, 1995: 1986 Mercury Grand Marquis, 1987 Mercury Grand Mar- quis, 1988 Mercury Grand Marquis, 1986 Chevrolet Caprice, all with VIN numbers as outlined in the application. The motion was approved by a vote of 5-0-0. On motion by Hoyt seconded by Burditt the Board voted to issue taxi licenses to the following drivers for Town Taxi of Reading, Inc. provided that the drivers shall garage their vehicles at their place of residence and will minimize the trips to the of- fice location at 11 Lothrop Road: Gary C. Gillis received 5 votes, Carl E. Fennelly received 3 votes with Hoyt abstaining and Hines voting against, John V. Catalogna received 5 votes, John F. Webster received 4 votes with Hines abstaining, Elizabeth Stakem received 5 votes, George. LeFavour received 5 votes, Mary L. Gil- lis received 5 votes. All licenses were granted. R. Gilbert Concfdon - On motion by Hoyt seconded by Burditt the Board voted to grant taxi licenses to R. Gilbert Congdon of 69 Longview Road for the following vehicles for a term expiring April 30, 1995: 1992 Ford Crown Victoria, 1989 Dodge Caravan all with VIN numbers as outlined in the application. The motion was approved by a vote of 5-0-0. On motion by Hoyt seconded by Burditt the Board voted to issue taxi licenses to the following drivers for R. Gilbert Congdon, provided that the drivers shall garage their vehicles at their place of residence and will minimize the trips to the office location at 69 Longview Road: Peter J. Congdon received 5 votes and was granted a license. Board of Selectmen Meeting - April 26, 1994 - page 7 On motion by Burditt seconded by Hoyt the Board voted to adjourn at 11:00 p.m. by a vote of 5-0-0. Respectfully submitted, Secr ary