Loading...
HomeMy WebLinkAbout1993-01-19 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting January 19, 1993 The meeting was convened at 7:38 p.m. in the Selectmen's Meeting - Room at 16 Lowell Street, Reading, MA. Present were Chairman Dan Ensminger, Vice Chairman George Hines, Secretary Sally Hoyt, Selectmen Bill Burditt and Eugene Nigro, Town Manager Peter Hechenbleikner and the following list of interested parties: Michael S. Herlihy, Barbara Melanson, Donna Walsh, Anne Lane, Jean Laskey, Tom Madden, Dick Knowles, Bob Muse, Jason Brown, Tom Chase, Tom Lautzenheiser, Jim Conner, Linda D. Griset, Indira Balkissoon, Carl McFadden, Kevin McCue, Jon Ewing, Bud Dickey, Bryan Hodgkins, Joe Tarantino, Sally Sabo, Diane A. Weggel, Helen S. Lawthers, Mary D. Avery, Barbara Fagan, Jack Fagan, -Bob Weg- gel, Willard Johnson, Paul Andrew Johnson, Joan Neary, Mary J. Andreola, Nancy Eaton, William J. Hughes Jr. , Arthur O'Brien. The Board of Selectmen presented certificates of community serv- ice to a number of organizations and individuals who had par- ticipated in the Adopt a Family Program. Ruth Cogan, Director of Human Services, presented the program and list of recipients. On motion by Nigro seconded by Burditt the minutes of January 5, 1993 were approved as amended by a vote of 5-0-0. The Board ex- pressed thanks to Cathy Quimby for producing these minutes in the absence of the Town Manager. Liaison Reports Bill Burditt presented a letter from the Board of Selectmen to Nancy Graham on her 50th birthday. The letter was very much ap- preciated. Sally Hoyt reported on various Human Service activities. She at- tended Senator Tisei's swearing in ceremony and escorted him to the podium. The Teen Center Committee is looking for a home. At the Mass Municipal Association she attended sessions on con- solidating departments and services, many of which have been implemented in Reading. She indicated that Public Safety was consolidated in Lynnfield, but that was a smaller community. She attended an Environmental Law Workshop and a session on Error Free Municipal Hearings. Eugene Nigro had no report but noted that he hopes next year that the Town will be able to acknowledge Martin Luther King Birthday in some special way. George Hines has not attended any meetings since the last Selectmen's Meeting. He did extend congratulations to the Clergy Association on behalf of the Board of Selectmen regarding it's letter that was recently in the Chronicle. He has received phone calls related to Metco and school space issues and wonders if continuation of Metco needs evaluation considering school space problems. He feels that more information on Metco needs to be diseminated. He reiterated his support for the Walnut Street im- provements having travelled through that intersection recently. Minutes of Board of Selectmen Meeting - 1/19/93 - page 2 Dan Ensminger indicated that he had attended the Eagle Scouts Ceremony for Troop 702 and presented certificates to Will Dresser and Mike Manville he also indicated that Ben Nichols has indi- cated. He is not interested in having the Town Forest named after him since the Town Forest belongs to the entire town. He asked about responsibility for plowing around fire hydrants near schools after storms. The Board presented an Eagle Scout Award to Thomas Lautzenhiser whose Eagle Scout Court of Honor had been the previous week. On motion by Hoyt seconded by Nigro the Board approved a proclamation for Star-Athon 93 by a vote of 5-0-0. The Board interviewed John Frasier Ewing, Brian M. Hodgkins, and Ruth A. Stanieich for positions on the Ad Hoc Cemetery Siting Committee. On motion by Hines seconded by Nigro the names of all three candidates were placed in nomination for two positions on the Ad Hoc Cemetery Siting Committee. John Ewing received one vote, Brian Hodgkins received four votes and Ruth Stanieich received five votes and Mr. Hodgkins and Ms. Stanieich were ap- pointed. The Board interviewed Joseph Tarantino and Indiri Balkissoon for a position on the Solid Waste Advisory Committee for a term ex- piring 6/30/93. On motion by Hines seconded by Nigro the names of both candidates were placed in nomination for a position on the Solid Waste Advisory Committee for a term expiring 6/30/93. Sara Sabo read a letter from Anne Mark, Chairman of the Com- mittee. Mr. Taratino received one vote and Ms. Balkinssoon received four votes and Ms. Balkinssoon was appointed. The Board reviewed the issue of removal of a tree in front of 282 South Street. Dan Ensminger reviewed the history of the Scenic Roads application. George Hines indicated that at the CPDC hear- ing, Thomas Stohlman indicated that the tree was not a par- ticularly good specimen tree and its removal was not detrimental to the scenic quality of the road. Chapter 90 Funds will allow a stone wall to be built to replace the tree. Sally Hoyt expressed concern over the removal of any healthy tree and outlined the im- portant role that trees have in the environment. Bill Burditt indicated that he doesn't like to take down trees but he is also in favor of meeting state standards. To not take down the tree would mean not to improve the road and he can't vote not to improve that road. Bill Robertson indicated that the state standard is 24 feet, the subdivision standards are 30 feet. The initial plan for a 24-foot wide roadway and sidewalk, 22 trees would have to be removed. The ASHTO standards for a street with a volume of 2, 000 vehicle trips per day allow the roadway to be reduced to as small as 20 feet. The Town has tried to incor- porate protections into the design, and he feels that as a professional engineer he cannot violate professional standards by designing a road below standard. George Hines indicated that the JI t Minutes of Board of Selectmen Meeting - 1/19/93 - page 3 Board has an obligation as Road Commissioner to improve this road. Eugene Nigro indicated that he can see arguments both ways. He indicated that the state gave an exemption for the 20- foot width and will, give money for the road project. The safety of the current road is not an issue because there are no acci- dents. The increased width will increase speed on the roadway, and the neighbors want to preserve the nature of the road. Therefore, he will not be in favor of this project. Ensminger reminded those present that one-third of the roadway will be nar- rowed, not widened. Paul Johnson of 282 South Street indicated that the Town Manager had suggested his driveway could be moved onto the side street since it's a corner lot. He feels that to do that would put the driveway a long way from the house. The tree is currently 11 feet from the steps and it keeps traffic away from his house. To remove the tree will increase traffic speed near his house. Dan Ensminger indicated that the tree is on public property and the road way will not take private property. Bill Weimer reviewed December 7 traffic work from the Police Chief which indicated that in the typical a.m. hour there are 165 vehicles both ways, 38% are over the speed limit and 82% are over the speed limits, that the residents would like to see 25 mph. In the p.m. the speeds dropped, and only 12 were over the speed limit. He quoted a 1990 American Civil Engineering booklet that indicated that "designers should adopt minimum widths" he reiterated that there hasn't been one accident in 30 years plus or minus. He ex- pressed concern about the roadway project and the effect it might have with regard to moving poles. Dan Ensminger expressed ap- preciation to residents present for conducting themselves well even though there was a disagreement over the issue. Lois Bond thanked the Board of Selectmen for mediating this process and helping to resolve issues. Bud Dickey indicated that although he cannot talk about safety, he would prefer to see the tree left. Bill Burditt again said that if we don't take the tree, we can't fix the road. Dan Ensminger indicated that this was a policy issue that had design implications. Bill Weimer indicated that Laurinda Beddingfield said that we could build less than stan- dard, talked about liability and widening and straightening of the road. Bob Weggel, 54 Scotland Road, asked what was wrong with the current footprint. It has curves built in and has trees to warn motorists. He felt that was the way to have a safe road. Bill Weimer indicated that the neighborhood has been advised that it can appeal the CPDC ruling and has filed in court. There was discussion about tabling action on this matter until Town Counsel could rule on whether or not actions by the Board of Selectmen would effect any appeal of CPDC's decision. The Board adjourned briefly while the Town Manager, Chairman Dan Ensminger and Selectmen Eugene Nigro talked by phone with Town Counsel. Dan Ensminger reported back to the Board that Town Counsel indicated that there' s no impediment to voting, and in fact Town Counsel felt that the case would be stronger if the Board of Selectmen supported the CPDC action by directing removal of the tree. The Town Manager reminded the Board that although there's a procedure Minutes of Board of Selectmen Meeting - 1/19/93 - page 4 for appeal of the decision to remove the tree to the Board of Selectmen but, since there was no written objection filed in a timely manner, the Board did not have to deal with this issue. On motion by Burditt seconded by Hines the Board voted in accor- dance with Chapter 87 Section 4 of the Massachusetts General Laws to approve the removal of the 43- inch DBH white oak tree at 282 South Street in order to accomplish the necessary improvements of South Street in accordance with the scenic road plans approved by the Community Planning and Development Commission on January 4, 1993, and that no action will be taken to remove the tree until the award of bids for the project. The vote was 3-2-0 with Hoyt and Nigro voting against, and the motion was carried. The Board has the proposal for the lease of property at the Haverhill Street Nike Base for an Ice Rink. There was only one proposal submitted. The Town Manager indicated that the proposal had meet all requirements in the RFP. Brad Latham, representing the bidder, was asked what the time table is. He indicated that once the lease is signed the applicant will go before the ap- propriate Boards, Committees and Commissions for review of the project. Tax exempt status has been determined by the IRS. The rink could be in operation in 1994. Nancy Eaton asked whether there were potential changes that could be made in the lease. She has concern about defining a major event, the number of spe- cial events that will be permitted and keeping the Reading Rifle and Revolver Club informed of major events. She is also con- cerned about the grant for the roadway and what issues related to the roadway would be discussed. The Town Manager indicated that design issues would be part of the site plan approval, and that construction management would be done by the town since this is a grant to the town. Dan Ensminger suggested that Reading Rifle and Revolver Club be added to the list of parties to be notified of major events, and that a definition of a major event be added. Arthur O'Brian indicated that there's still a fundamental dispute as to the right of way, and his counsel tells him that he owns the middle of the right of way. The Town Manager reiterated that Town Counsel says that there are a number of alternative legal opinions with regard to the ownership of the right of way, but in any case the Town of Reading has the right to improve and use the right of way for the purpose intended. Nancy Eaton asked about an update on the state grant, and the Town Manager indicated that he cannot give any update on this matter at this time. On motion by Hines seconded by Burditt the Board approved the awarding of the lease of the Haverhill Street Nike Base to the Reading Ice Arena Authority, Inc. for certain properties consisting of a por- tion of the property known as the Haverhill Street Nike Base for purpose of constructing and operating an indoor ice skating arena all in accordance with the Request for Proposals submitted on January 6, 1993 . The motion was approved by a vote of 5-0-0. L Minutes of Board of Selectmen Meeting - 1/19/93 - page 5 The Board discussed the policy establishing acceptance of gifts to departments. A policy on acceptance of gifts previously ap- proved by the Board of Selectmen was reviewed. The Board ex- pressed concern that this doesn't cover the issues of solicita- tion, and issues should include whether solicitation should be permitted by staff, and if so what are the guidelines. Should letterhead be used`. How should the Board of Selectmen be ad- vised. The needs for the different departments needs to be made known, and the Board of Selectmen needs to understand what ef- forts are being made and how. The Board asked for a policy to be drafted although this is not a high priority. The Board discussed the Constable issue. Sally Hoyt excused her- self from the quorum. A draft statement for the Board of Selectmen and one from the Police Chief were submitted to the Board. This matter will require a public hearing. The Board directed the public hearing be set for their next meeting. Bill Hughes commended the decision of the Board of Selectmen in ini- tially appointing Belmonte. The Board requested that Acura Taxi come before the Board to dis- cuss its business operation. On motion by Nigro seconded by Bur- ditt the Board approved the taxi drivers license for Edward C. Cagnina driving for Acura Industries Inc. expiring 4/30/93 by a vote of 5-0-0. On motion by Nigro seconded by Burditt the Board approved an Auc- tioneers License to William J. Carvalho DBA "Bills Place" for an auction on February 22, 1993. The motion was approved by a vote 5-0-0, and the Board requested Counsel to review the issue of auctions. Sally Hoyt asked for a review of the exits off the parking lot on Haven Street with regard to stop signs. Gene Nigro indicated that he recommended use of barrels with cross walk signs as other communities do. On motion by Nigro seconded by Burditt the Board voted to go into Executive Session for the following purposes, not to come back into open session: -Approval of Minutes -Discussion of Labor Negotiations -Discussion of the potential sale of real estate Prior to voting on the motion, the Town Manager reported that the Town is bidding on Property and Casualty Insurance; Susan Tapley has been appointed as Animal Control Officer; the last snow storm cost the Town of Reading approximately $25, 000 leaving a balance of approximately $25, 000 in snow and ice funds; the School Com- mittee is meeting this evening with regard to consolidating the Summer School Coordinator/Recreation Supervisor position; the end of February issue of the newsletter will include the annual report; there will be no published Street List this year because of budget constraints; nominating papers for Town Officers are Minutes of Board of Selectmen Meeting - 1/19/93 - page 6 due back by 5: 00 p.m. on February 2, 1993; there is an RMLD meet- ing on the 25th, and a Cemetery meeting has been established for February 2. On a motion to go into Executive Session, all five members voted in the affirmative and the meeting was adjourned at 11: 15 p.m. Respectfully submitted: Secreta '