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HomeMy WebLinkAbout1993-02-16 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting February 16, 1993 The meeting was convened at 7:13 p.m. in the Selectmen's Meeting x{ Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Dan Ensminger, Secretary Sally Hoyt, Selectmen Eugene Nigro and Bill Burditt, Town Manager Peter Hechenbleikner and the following list of interested parties: Carolyn Garratt-Reed, Nancy Eaton, Gary Demopoulos, Richard Radville, Matt Cummings, Beth Ann Matathia, Sandy Matathia, Tom Stohlman, Arthur Scarpa, Sal Mele, Michael Belmonte, Barbara Philbrick, William Hughes, George Shan- non, Robin D'Antona, Richard V. DeLong, Jeanne R. Genna, and Carol Burnham. Minutes There were no minutes for approval.. Liaison Report Bill Burditt had no report. Sally Hoyt indicated that she had been in Washington, DC recently and had met President Clinton. She was lobbying on behalf of the Business and Professional Womens' Association on issues of family medical leave, educational reform, and MWRA rate relief. Eugene Nigro indicated that the John Kenneth Galbraith talk was rescheduled for March 21 at 2 : 00 p.m. It had had to be resheduled because of weather. Dan Ensminger indicated that he had attended Budget Committee meetings and had discussion with the Taxpayers' Association President over the weekend. Public Comments There were no Public Comments Town Manager's Report The Town Manager indicated that the joint meeting with the RMLD will be on 3/31/93 with a location and time to be announced. This is a meeting with the other communities. He also indicated that the Senior Center was open for business, and that as of this evening, the Town was out of snow and. ice control funding and would need a Reserve Fund transfer. Personnel and Appointments Dan Ensminger indicated that he had received the resignation of Adrienne McMahon from the Reading Housing Partnership Committee. Public Hearing The Secretary read the notice of the hearing on Reading Rifle and Revolver Club's request to start firing at their range on Haver- hill Street at 7 : 30 a.m. on four Saturdays . Ms . Nancy Eaton, President of the Club, addressed the Board of Selectmen. She in- dicated that two of these dates are state meets and two are regional championships. The morning light is better for shoot- ing. One person has contacted the Club and requested no shooting on Mothers Day and there is none scheduled. On Fathers Day a Selectmens' Minutes - 2/16/93 - page 2 Sunday match is scheduled from 9: 00 to 11: 00 a.m. April 10 is reserved as a rain date (the Saturday before Easter) and Easter Sunday is scheduled for shooting from 9: 00 a.m. to 12 noon. Beth Ann Matathia from 439 Haverhill Street objected to the early starting on Sundays. She felt that there is shooting too early. Arthur Scarpa from 679 Pearl Street is opposed to any earlier starts. Selectman Burditt noted that the Police Range at that location will be phased out with the construction of the ice rink so there will be less shooting in the area. Dan Ensminger asked if the Reading Rifle and Revolver Club would be willing to trade off 9: 00 a.m. starts on other Sundays in order to get the early Saturday times. Gene Nigro asked how often the New England Cham- pionships were held in Reading and Ms. Eaton responded that Read- ing is the best range in New England and the shoots have been in Reading for at least the last 20 years. On motion by Nigro seconded by Hoyt the Board voted to close the public hearing at 7 :25 p.m. by vote of 4-0-0. On motion by Burditt seconded by Nigro the Board voted to approve the start of firing at the Reading Rifle and Revolver Club premises on Haverhill Street at 7: 30 a.m. on May 15, 1993 ; June 12, 1993; July 3 , 1993 ; and August 28, 1993 , with the agreement from the Reading Rifle and Revolver Club that no firing shall take place prior to 9: 00 a.m. on the following Saturdays and Sun- days: March 14, March 21, March 28, April 4, April 11, May 9, May 15, May 29 and 30, June 5 and 6, June 12, June 26, July 3 , July 11, July 24, July 25, July 31, August 1 through 21, August 28, October 3, and October 10. The motion was approved by a vote of 3-1-0 with Hoyt voting in opposition. Discussion/Action Items Warrant - Carroll McMillan, President of the Reading Taxpayers' Association, spoke to the Board of Selectmen. He recommended an override of Proposition 2 1/2 to appear on the ballot on March 23 , 1993 in the amount of $2 to 2 1/2 million dollars. He had indicated at the joint meeting of FinCom, the Board of Selectmen, and the School Committee, that he would need to be convinced of the need for a Prop 2 1/2 override. He has calculated the infla- tion rate since 1981 when Prop 2 1/2 was adopted, and the in- creases permitted under Prop 2 1/2 . He finds that there is a 15% to 20% difference, and taking into account the Water and Sewer Enterprise, the trash fee, and new growth, there is still a gap of approximately $1 , 000, 000 . The Town is short at least $1, 000, 000 for level services for the school and municipal departments. He felt that residents are short changing the Town and he is proposing a 2 .5 million dollar override and elimination of the trash fee which would address that shortfall. He also asked that the Board of Selectmen give serious consideration to evaluating tax classification for FY95 and that thorough research by persons other than the Board of Assessors should be conducted. He also suggested that the School Department might consider the Selectmens' Minutes - 2/16/93 - page 3 elimination of all fees (athletic and Middle School Band) as part of this package. Mr. McMillan indicated that the average home in Reading is assessed at $178, 000. Using a $175, 000 assessed valuation a 2 .5 million dollar override would cost approximately $318 per household per year. Assuming that the vast majority of residents itemize, and are in the 28% income tax bracket, they would save $89 in federal income taxes which would result in shifting approximately $500, 000 from federal taxes to local taxes. Also assuming that the trash fee would increase to $180 in FY94 (the current fee plus RESCO pass through plus recycling) that a net effect of an override on an average home would be $49 . He indicated that the RTpA would continue to be a watchdog on how monies are spent. He felt that this override would balance the books with the taxpayers and he hoped for improved communication with the Reading Taxpayers' Association and the Town. He indi- cated that he would actively campaign for an override. Dan Ensminger asked if the membership of the RTpA had evaluated this proposal and why they would press for a March election. Mr. McMillan indicated that the March election is important because a lot of people will be voting for local officials and people will be paying attention to local issues. In addition, federal tax hikes might be put in place and there could be resistance to a local override if it was held later. He has polled his member- ship at a meeting held over the weekend in his home and they are in agreement. Sally Hoyt felt that having the override on the March election would save $10, 000 for special election costs. Bill Burditt indicated that he thinks five weeks is too short a time to get an override successfully approved and would opt to think the process out more clearly, get some of the unknowns like education reform and the RESCO court case dealt with, and have a special election. Dan Ensminger indicated that the Warrant can close and the dollar amount be decided next week. He hoped that an override attempt would be a multi-year (two years) approach. George Shannon commended Mr. McMillan and indicated that we need to take local action and not depend on the state or federal governments. Richard DeLong of the Reading Taxpayers' Association indicated that he backs Carroll McMillan's comments. The FinCom and the Board of Selectmen know the issue with regard to the School budgets and they shouldn't delay or prolong the process. Matt Cummings, Chairman of the School Committee, commended the Reading Taxpayers' Association and indicated that he will be ad- dressing that group on March 4 . He feels that the public will well understand the issue of elimination of the trash fee and that major service areas have been identified. He feels that there is adequate public interest to mobilize to get the word out. He felt that we should solve our own problems in Reading. Selectmens' Minutes - 2/16/93 - page 4 Sally Hoyt indicated that we are unlikely to receive the same state aid as last year. She thanked the RTpA for their efforts. Gene Nigro thanked Carroll McMillan and indicated that he hoped the organization would support the override. He has seen it com- ing for years and feels that the Town should be in charge of its own destiny. The state and federal government can hurt us and time is of the essence. He felt that we should go for it now. Gail Wood indicated that she was at home listening and urges the Board of Selectmen to support the override now. She thinks that we should avoid a special election. We can't wait for state ac- tion. Ron Daddario felt that we should strike while the iron is hot. There is little organized opposition. On motion by Burditt seconded by Nigro the Board voted to close the Warrant for the Annual Town Meeting by a vote of 4-0-0. No additional petition articles were submitted. Public Hearing The Secretary read the notice of the hearing for the Constable. She then excused herself from the quorum since she is a Con- stable. Bill Hughesindicated that he wanted to reiterate his belief and feeling that the Town needs a third Constable and that Michael Belmonte is an excellent choice. He has invested money for bonding and he feels that Belmonte should be retained. Sal Mele indicated that it is no reflection on Mr. Belmonte but he feels there is a conflict working as a Public Safety Dispat- cher and as a Constable. The Dispatcher shouldn't be so tired that another "Lexington situation" happens. He feels there are other qualified Constables to fill the position. Michael Belmonte spoke and said he feels that there is a need for a third Constable. He took offense at Mr. Mele's reference to Lexington. He indicated that if he felt there was a conflict he would not serve as Constable. Selectman Burditt indicated that the issue of the best qualified person was debated in July and Mr. Belmonte was chosen. The Town wanted somebody to train in the ,position. The Police Chief has no problem with Belmonte working as a Constable. Bill Hughes indicated that he has been a Constable for 10 years and it has never interfered with his primary job. The Constables work with each other to make sure there is coverage. On motion by Nigro seconded by Burditt the hearing was closed by a vote of 3-0-0. Selectmens' Minutes - 2/16/93 - page 5 Gene Nigro indicated that the issue is ongoing because of tech- nicalities of law but they have already determined that Mr. Bel- monte is the most qualified person and that there is no real con- flict. On motion by Burditt seconded by Nigro the Board voted after a duly noticed Public Hearing held on February 16, 1993 , to make the following findings in accordance with GL Chapter 268A Section 20f; 1) Michael Belmonte is a part-time Dispatcher for the Department of Public Safety; 2) We seek to appoint him to the position of Constable of the Town of Reading in accordance with GL Chapter 41 Section 91A; 3) The services as Constable can be performed outside his normal working hours; 4) The services as Constable are not required as part of his regular duties as a part-time Dispatcher; and 5) At the current time Michael Belmonte is the best available person to hold the additional appointment as Constable for the Town of Reading. All in accordance with the Public Hearing before the Board after public notice. The motion was approved by a vote of 3-0-0 and Ms. Hoyt rejoined the meeting. DiscussionjAction Items Ice Rink Arena Authority Lease - The Board considered the execu- tion of the lease with the Reading Ice Arena Authority. Carolyn Garratt-Reed of 64 Wakefield Street expressed concerns about traffic and presented a graph on trafficactivityin that area now. Concerns also exist about the intersection of Charles and Wakefield Streets, and Bainbridge and Wakefield Streets. Dan - - Ensminger indicated that these issues could be dealt with during the site plan process. Tom Stohlman asked if site plan approval is required by the lease and it was indicated that it was. He also asked if a copy of the lease would be available once signed and the response was also yes. On motion by Burditt seconded by Hoyt the Board moved to authorize the signing of the lease for portions of the Haverhill Street Nike Base with the Reading Ice Arena Authority Incor- porated. Nancy Eaton, representing the Reading Rifle and Revolver Club, was concerned that the number of special events was not spelled out, there was no definition of major event, the Gun Club is con- cerned about security, parking and traffic control are a concern as well as liability by Reading Rifle and Revolver Club as an at- tractive nuisance. Sandy Matathia, 439 Haverhill Street, outlined three areas of concern; 1) There is a built-in presumption that the rink qualifies as a municipal use but there is no requirement of a specific amount of "public skating. " He questioned whether the facility would in fact qualify as a public facility. (It was in- dicated that Town Counsel felt because the rink will provide for public skating and because the Town may take over ownership of the rink at any time, that it qualifies as a public facility. ) Selectmens' Minutes - 2/16/93 - page 6 2) Reference is made in the lease regarding environmental condi- tions to the property. He suggested that the Town do a detailed examination of the land, not because of previous use for a Nike Base but because of previous use by the Town for herbicide and pesticide storage (the proponent has done an environmental study and the U.S. Army Corp of Engineers will be doing the cleanup. ) 3) Paragraph 40 includes a waiver that precludes CPDC from seek- ing in any way to making certain requirements or impositions on the developer for off-site improvements. Tom Stohlman indicated that he agrees that that might be a limiter. The Town Manager indicated that may be something that would need to be evaluated as the planning process moves forward. Marlene Cohen from Timberneck Drive expressed concerns about uses of the property for other than rink use. The Town Manager indi- cated that the other uses that she had talked about (like a flea market) would be commercial uses in violation of the zoning. On the original motion, the Board voted 4-0-0 to approve the signing of the lease. Nancy Eaton asked to see the application for IRS approval, and the Board asked that it be requested from the proponent. Education Reform Bill - Senator Tisei, Senator Buell and Repre- sentative Krekorian appeared before the Board to talk about the progress of the educational reform bill. Senator Buell indicated that the Senate hopefully will not pass the House-passed version since it isnot beneficial to education. Senator Tisei indicated that he is wary of funding. Communities have different types of needs. For example, Malden, which is in his district, is in crisis and the reform bill may not do enough. Sections of the bill would be punitive to Reading because they don't measure performance. The bill would eliminate tenure but would replace it with a worse system. Funding should be tied to performance, and there needs to be some assurance that funding will be there. Representative Krekorian noted that he voted against the bill and felt that the bill "stinks. " It has become a funding bill not an educational reform bill. To the extent that it seeks to step up to the state responsibility for supporting education, he supports the bill. However, there are no ties to performance. Many of the suburban communities need money but not many of the so-called reforms in the bill. He also had argued for a hold harmless provision if performance standards are met. The consensus was that the bill would not be debated by the Senate this week or next week. There will undoubtedly be two different versions and there will be a conference committee which will decide the final bill. Each House then will need to vote for or against but will not be able to amend it Selectmens' Minutes - 2/16/93 - page 7 Dan Ensminger noted that some of the earlier versions required that school collective bargaining agreements be approved by Town Meeting. It is unclear where that provision currently lies. The Board thanked the Representative and Senators for attending. Lions Park: The Town Manager presented the history of the request to remove the plantings from the so-called East Common and to rename Elm Park to Lions Park. He felt that the Lions Club has performed outstanding service to the community and has agreed to maintain the Park other than mowing and that therefore naming the Park Lions Park would be appropriate. Ben Nichols presented the history of Elm Park and objected to the change in the name. The Board of Selectmen noted that there are no elms left in Elm Park, and that the change of name would be ap- propriate to recognize the outstanding efforts on the part of the Lions Club in this community. On motion by Hoyt seconded by Burditt the Board voted to rename the area known as Elm Park at the intersection of Washington and Main Streets as Lions Park, and to authorize the Town Manager to permit the re-landscaping and maintenance of the property by the Reading Lions Club; and the Town Manager is authorized to approve a suitable sign naming the park to be installed by the Lions Club. The motion was approved by a vote of 4-0-0. Stop Sign - On motion by Hoyt seconded by Burditt the Board ap- proved in accordance with the provisions of Chapter 89 Section 9 of Mass General Laws the designation of the following street as a stop street in the direction indicated. In the amendment of Ar- ticle VI Section II the Traffic Rules and Orders adopted by the Board of Selectmen on April 16, 1948 for the Town of Reading to add the following - Prescott Street westbound at West Street - stop. The motion was approved by a vote of 4-0-0. Licenses Carol Buchanan from Papa Gino's appeared before the Board of Selectmen to request approval of the Entertainment License and Common Victuallers License. They plan to open on February 22 . They will have 83 seats and their hours will be 11: 00 a.m. to 10: 00 p.m. Monday through Thursday; 11: 00 a.m. to 11: 00 p.m. Friday and Saturday; noon to 10: 00 p.m. on Sunday. This facility is corporately owned. Thejukebox will be coin operated. They are not requesting a liquor license and do not have the required 100 seats On motion by Nigro seconded by Hoyt the Board approved a Common Victuallers License and an Entertainment License for a juke box for Papa Gino's Acquisition Corporation at 676 Main Street for a term expiring December 31, 1993 . The motion was approved by a vote of 4-0-0. Chapter 90 - The Town Manager reviewed Chapter 90 improvements. He noted what projects were ongoing and what projects needed to move forward. Selectmen's Minutes - 2/16/93 - page 8 He recommended that we proceed with the Hopkins/Walnut Street in- tersections improvements as designed and without a sidewalk on the northerly side of Hopkins. Town policy had been to expand the sidewalk inventory in Town by providing sidewalks on one side of each street before going back and putting sidewalks on both sides. Additionally, the cost of the sidewalk on the northerly side of Hopkins Street is $40,000 which is almost as much as the entire remainder of the project. This project will proceed without further hearing. The High Street overlay project from Lowell to Middlesex will be a micro-chip seal project and will not require further hearing. The reconstruction of Middle Street to provide curbs and sidewalks and overlay and therefore improve access from the Union Street parking lot to the Senior Center will require a hearing and will then be constructed this spring. The overlay of Ash Street from Wakefield to the RMLD property would result in im- proved wearing surface plus a sidewalk on one side of the street. This will require a hearing and then design and construction this spring. Additional funds are available and the priority list for Chapter 90 funds include upper Pearl Street, Mill and Short Streets (which includes sewer construction) , Salem Street includ- ing sidewalks, Lowell Street including curbs and sidewalks, Eaton Street, John Street, Gould Street, Linden Street sidewalk, Ash Street between Green and Washington, Lincoln Street including reconstruction of the depot parking lot, and Causeway. On-motion by Burditt seconded by Hoyt the Board voted to go into Executive Session for the purposes of discussing litigation, labor negotiations, sale of real estate, and approval of Minutes not to come back into Open Session. The motion was approved with all four members present voting in the affirmative and the Board adjourned at 11: 15 p.m. Respe tfully submitted, ecret y