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HomeMy WebLinkAbout1992-04-14 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting April 14, 1992 The meeting was convened at 7: 35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Selectmen Bill Burditt and George Hines, Town Manager Peter I. Hechenbleikner and the following list of interested parties: Lenny Pienta, Jim Keigley, Arthur DiGiacomo, Bob Ward, Pat Sudbay, Gary Demopoulos, Nancy L. Eaton, Art O'Brien, Beverly O'Brien, Lee Roberts, Peter Doherty, Pat Keane, Bill Jennings, Pat Driscoll, Edward F. Driscoll, III, Gladys Cail, Mary J. Andreola, Annette Flanagan, Barbara Scott, Jean C. Nickerson, Marjorie E. Liberty, Virginia Blodgett, Steven Clark, Tom Ofenstein, and Kevin Moran. The Board held the minutes from the April 7, 1992 meeting for fu- ture consideration since they had just received them. On motion by Hoyt, seconded by Burditt, a proclamation declaring May 13, 1992 as Senior Citizen Volunteer Week was approved by a vote of 5-0-0. Liaison Reports Burditt indicated that he had walked South Street with George Hines and Dan Ensminger and found the tour very illuminating. Hoyt indicated that she has also viewed South Street on her own, and reported on activities in Health, Recreation, and Elder Serv- ices. Dan Ensminger indicated that he attended the Senior Center Ad- visory Committee at which the site plan was discussed. He also walked South Street and felt that residents were glad to see the Board of Selectmen there. He feels that there is only one tree problem, and there may be one or two stonewalls that need to be moved in order to accomplish a twenty-foot pavement width. Nigro indicated that he had separately toured South Street. The tree in front of 283-284 South Street would have to go. If the neighbors could live with that, then the project should go ahead. If not, then probably no project would be done. Hines indicated that Pinevale Avenue residents had concerns about dogs running loose, and reminded residents of the Town leash law. The Town Manager indicated that Florence Campbell and Doris McNeil were retiring from their respective positions in the Departments of Finance and Public Safety (Fire) . He also indi- cated that there is a FinCom position available because of Mr. Burditt's resignation from FinCom. Eugene Nigro commended Fire Dispatchers Keith Gauvreau and Michael Belmonte. He asked that Community Service commendations be given to these dispatchers. He also asked that letters from the Board of Selectmen to Florence Campbell and Doris McNeil be written. Selectmen's Minutes - 4/14/92 - Page 2 Tom Ofenstein indicated that he hopes the Board of Selectmen will not support Articles 5 and 6 on the Special Town Meeting Warrant. He also supports a flat rubbish fee as opposed to a per bag fee. The Town Manager outlined the Health Insurance Agreement that was previously agreed to by the Board of Selectmen in Executive Ses- sion. On motion by Hoyt, seconded by Hines, the Board approved the Health Insurance Agreement with Town employees by a vote of 5-0-0. On motion by Hines, seconded by Hoyt, the Board voted to approve taxi licenses for Town Taxi as follows: One Vehicle License - 1984 Chrysler LeBaron; One Vehicle License - 1986 Mercury Grand Marquis; One Vehicle License - 1984 Oldsmobile Delta 88; and the following operators' licenses - Gary Gillis, Mary Gillis, Albert Bothe, George LeFavour, Jr. , Michael J. Smith, and Elizabeth J. Stakem. The motion was approved by a vote of 5-0-0. On motion by Hines, seconded by Hoyt, the Board voted to approve the following licenses for Acura Industries, Inc. : Vehicle License - 1985 Chevrolet Station Wagon; Vehicle License - 1984 Chevrolet Station Wagon; Vehicle License' - 1986 Oldsmobile Sta- tion Wagon; and operators' licenses for Kenneth C. Wiswall, Ken- neth J. Henshall, Eric Johanson, and Leon Kezarjian. The motion was approved by a vote of 5-0-0. On motion by Hoyt, seconded by Hines, the Board voted to approve a Class II Auto License for Russo Auto Sales Inc. at 6 West Street (taking the place of Hagen Auto Sales at the same address) for a term expiring 12-31-92 with a reminder that prices will be posted on all vehicles. The motion was approved by a vote of 5-0-0. The Board noted that the Tree City USA designation has been received by the Town of Reading again, and that a formal presen- tation will be made probably at the April 28th meeting. Jonathan Edwards was present to present the Traffic Study for the Haverhill Street Nike Base. He indicated that the information used was from the proponent, but also based on a review of infor- mation for the Wilmington, Watertown, and Franklin rinks. The information is accurate within a scenario of + or - 10%. He indicated that they have="evaluated two scenarios: one for a major event which happens eight to nine times a year on weekday evenings or Saturday afternoons. They used a weighted average on a conservative basis of one vehicle per 2.5 seats in the stadium. This generates a total of 459 vehicle trips maximum, and it was felt that this is a high estimate. They also evaluated normal events which would generate 34 vehicle trips per hour. The capacity on Haverhill Street is 2, 000 vehicle trips per hour per lane at the posted speed limit. Graphs showed that there is ample capacity on the roadway system to handle the traffic from the skating rink and still to deal with normal growth of traffic through the year 2061. He noted that the intersection on Haverhill Street at Charles Street is shown on the town-wide Selectmen's Minutes - 4/14/92 - Page 3 traffic study as being at or near a failure for one day per month in the p.m. peak hour. This study did not address what traffic control may be needed at major events. That would be dealt with in the Site Plan Approval process under mitigation efforts by the proponent. It would be suggested that part of the lease would require that no major events be scheduled for the rink at peak hours--primarily the p.m. rush hour. The question was asked where traffic flow from Haverhill Street would go--i.e. how much would go north and south and where would it go off of Haverhill Street. That was not part of the assign- ment and that was not evaluated. Mr. Arthur O'Brien asked if this is a professional study, and the Town Manager indicated that the Board of Selectmen were capable of making the judgment as to whether or not it is a professional study. Pat Driscoll indicated that the figures are very close to what her experience as a hockey parent has been for ice rinks. Nelson Burbank indicated that most of the traffic would come north on Haverhill Street since most of the Middlesex League teams are south of Route 128 . Tom Ofenstein pointed out that the cars would go primarily in one direction and that this would affect the peak hour distribution. Jonathan Edwards indicated that even under this scenario this would not create problem for capacity on the roadway. Ofenstein asked what the comfortable capacity of a street in a residential neighborhood is. Edwards indicated that Haverhill Street is an arterial roadway with homes on it, and it functions as an arterial roadway, not as a dead end residential street. Jonathan Edwards pointed out that there is a sight distance problem to the south, and this would require trimming of bushes and trees within the public right-of-way. Tony Garrett Reed from Wakefield Street indicated that he is surprised by the low volume of traffic expected during other hours of use of the rink, his feeling being that there would be more than 20 per hour. He disagrees that people wouldn't use Wakefield Street. He sees the traffic going to St. Athanasius periodically. Sally Hoyt indicated that when she goes to St. Athanasius, she goes Salem to Haverhill Street. Nancy Eaton indicated that the traffic study was flawed because the counter was placed south of the roadway and it does not in- clude traffic that comes from the north and goes into the Nike Base currently. She is concerned about the sight distance. The average speed on Haverhill Street is 45 to 50 m.p.h. George Hines asked if her concerns also apply to any existing uses of the property and she indicated that it did. Mr. O'Brien indi- cated that the additional traffic would exacerbate the problem. Bill Burditt indicated that when he goes to this area of town, he uses Charles Street to Haverhill Street. He is not sure what the technical definition of a professional traffic study is, but he is confident that the Planner and Engineer are professionals, and that the traffic study identifies adequately what the traffic Selectmen's Minutes - 4/14/92 - Page 4 issues are. Gene Nigro indicated that the Board had previously received the numbers from the Franklin traffic counts and they were very similar to the figures being used here. He does con- sider this to be a professional traffic study. Jonathan Edwards indicated that the elements indicated for a traffic study above and beyond what is done here would be to assign distribution of the trips and the mitigation measures. This would be done at the Site Plan Approval process. George Hines asked if the study presented would show major problems and Edwards indicated that it would. There are no major problems evident. Ray Higgins indicated that he has never gone 55 m.p.h. on Haverhill Street and doesn't believe the traffic travels that fast. He also does not use Wakefield Street to ac- cess this area of Town. Steve Clark asked what the capacity of the access road is, and Jonathan Edwards indicated that at a 20 m.p.h. speed limit it would be about 1500 vehicles per hour. Anne Mark asked about the capacity for open skating and this had been previously addressed. Leslie McGonagle read a letter into the record from the Reading Chamber of Commerce in support of the ice rink at this site. Camille Anthony, Chairman of the Conservation Commission, reviewed a memo of April 13 with the Board of Selectmen. She in- dicated that a Riverways Study has determined that the stream corridors should be kept open for wildlife corridors, and, there- fore, the back part of the Nike Base should be turned over to Conservation for open space or preservation purposes. She felt that if the rink is on the front part of this site with controls, it probably won't create any environmental problems. She also indicated that further studies should be done at Bare Meadow to determine if it is a possible water source. There was discussion about concerns on the north side of the Ipswich River in North Reading and their lack of preservation and lack of attention to the Ipswich River Basin. Messrs. Loschi and Biller spoke for the Conservation Commission also. Dan Ensminger indicated that the Master Plan calls for active recreation use of the site, and felt that recreation could co- exist with adjacent uses of the gun club and also with conserva- tion and preservation issues. Major concerns expressed about recreation uses were the use of fertilizers and herbicides, park- ing, and wildlife issues. Ed George from Rolm, George and Kline, representing Reading Rifle & Revolver Club, indicated that the property had previously belonged to the club. Their property is used for a shooting range which is passive recreation without any permanent facilities. The closest area to the Nike Base is the skeet range. They would like to keep a buffer and support the conservation use of the Town property to buffer the use on the Reading Rifle & Revolver property. This does not represent an argument against a rink which is an indoor use, but may argue against use of the property for active recreation purposes. He also felt that there are some zoning issues related to the use of the property for the ice rink. Selectmen's Minutes - 4/14/92 - Page 5 Ensminger asked if this meant the debris from the range is fall- ing on Town property. Nancy Eaton from Reading Rifle & Revolver indicated no. Hines asked for an update of the meeting between Reading Rifle & Revolver and Conservation which took place last Saturday. Conservation indicated that it was not related to the rink, but related to possible transfer of properties between Reading Rifle & Revolver and Conservation. Dan Ensminger asked a procedural question as to whether or not the traffic study presented should be termed a professional study. Bill Burditt indicated that he would accept it in that it was professionally done. Nelson Burbank indicated that there would be further traffic studies done as part of the Site Plan application process before CPDC. Dan Ensminger hoped that study would assess the levels of traffic on surrounding streets. On motion by Hines, seconded by Hoyt, the Board voted to approve the report and its recommendations that the Nike Base be used for an ice rink in accordance with the offer by Mr. Burbank. The motion was approved by a vote of 5-0-0. The Board reviewed the warrant articles. Arnold Berger felt that it was too early to accept a gift since there is much work to be done. He thinks that we are rushing things. Dan Ensminger asked how long a non-profit corporation would be involved with the project, and Mr. Burbank responded that at least for the ten-year period of the initial lease and as long after that as the Town wanted it to. Ken Latham, representing Mr. Burbank, indicated that Burbank has a non-profit corporation approved by the IRS currently, and there would not be a problem getting IRS approval of another non-profit. Sally Hoyt indicated that the decision would be made by Town Meeting. Pat Driscoll indicated that this is a first step to accept the gift to the Town and allow next steps to be taken. Arthur O'Brien suggested the Board of Selectmen not recommend in favor or against the article. Mary Ann Higgins asked where the profits from the rink go. Mr. Latham indicated that after the creation of a fund for ongoing maintenance, and paying back any loan, the monies would go back to the Town as determined by the Town. Mr. Burbank indicated that their indication was that after five or six years, money could go back to the Town in an amount approaching $100,000 per year. Ms. Higgins felt that the Town should go ahead with the project. Nancy Eaton suggested that if anybody had financial questions, they should attend the FinCom meeting on April 22 . Dan Ensminger indicated that he had questions on the financial side. The Board of Selectmen could either not take a position at all on the Article, could take a position now, or could take a position at a later date after the financial information became better known. He has the August, 1990 projections and asked if _ there were any material changes from that. Nelson Burbank indi- cated that the costs will be know when the project is built, but it was between $1. 6 and $1.8 million. He showed the worst case at $1.8 million. He felt that if an extra $100, 000 makes a bet- ter rink, then that money should be spent. He indicated that his projections showed $400, 000 in donations, and he is not worried Selectmen's Minutes - 4/14/92 - Page 6 about the money coming in. No construction will take place or bids sought until everything is in place. He suggested that the manager will be brought on early the first year and that he would pick up the cost of that. There would be a meeting tomorrow night to which Town Meeting Members are invited. They will cover all Town Meeting questions in depth at that meeting. George Hines indicated that the Board of Selectmen had appointed a Feasibility Committee and that the Board should take action now based on the recommendations of that Committee. Town Counsel has indicated that the Town is not at financial risk. Bill Burditt indicated that he was the FinCom representative to the Feasibility Committee and he was and is comfortable with the figures. Dan Ensminger indicated that once Town Meeting takes action, if they approve the project then the Board of Selectmen will negotiate the terms and conditions. George Hines suggested that in that event, the Board would hold a public meeting to get input prior to negotiations beginning. On motion by Burditt, seconded by Hoyt, the Board voted to support Article 5 on the Special Town Meeting Warrant by a vote of 5-0-0. The Board talked about the rubbish fee. The Town Manager presented a memo which indicated that the Board needed to decide whether or not it would grant waivers. He suggested also that at the Fall Town Meeting two articles be placed on the Warrant--one to allow the Town to lien property for non-payment of the rubbish bill, and the second to set up an enterprise system so that revenues for rubbish would always be attributed to the rubbish system. George Hines asked if some middle ground between granting waivers and no waivers could be discussed--perhaps a 50% waiver. He felt that the difference between rubbish and water and sewer is that water and sewer are directly measurable whereas rubbish is not. The question was asked as to whether or not fee deferral was per- mitted for rubbish. The Town Manager indicated that the defer- rals are only for taxes, water and sewer. On motion by Ensminger, seconded by Hoyt, the Board voted to adopt Option 2, which would have a $111. 02 per dwelling unit cost, assuming full waiver, based on Assessors deferrals and some of the exemptions. On motion by Hines, seconded by Burditt, the motion was amended to provide for a 50% waiver under the Assessors rules. The amendment was approved by a vote of 4-1-0. The main motion was approved by a vote of 5-0-0. The Town Manager was directed to draft the necessary articles for Fall Town Meeting. Dan Ensminger commented that he was concerned that the Solid Waste Advisory Committee and public reaction to the Selectmen's decision on rubbish did not fully take into account all of the concerns that the Board had. He felt that the changes from the current system to a per bag system would be difficult and irre- versible. He felt that the constituency for a per bag system had dwindled. He will remain open to changes in the future and ap- preciates the Solid Waste Advisory Committee's input. George Hines joined with Dan Ensminger in the comments, and indicated that the Board is trying to get as close to equity as possible Selectmen's Minutes 4/14/92 - Page 7 given the difficulties and changes. He indicated that the Solid Waste Advisory Committee's input is valued. Bill Burditt received letters concerned that he had changed his mind. He felt that he had always kept an open mind and voted for the flat fee based on constituent input. Sally Hoyt feels that the flat fee is fair and equitable for the majority of residents. Gene Nigro agrees, and the one regret that he had about the vote was that he could not agree with the Solid Waste Advisory Committee. Going back to the Warrant for the special Town Meeting, Burditt will present Article 1, and on motion by Hines, seconded by Hoyt, the Board voted to recommend the substance of Article 1 by a vote of 5-0-0. Sally Hoyt will make a presentation on Article 2 and depending on action by the legislature, Article 2 may be tabled. George Hines will present a motion to table Article 3. On motion by Ensminger, seconded by Burditt, the Board voted to support Article 4 by a vote of 5-0-0. Ensminger will be making the report and the motion. On motion by Hines, seconded by Hoyt, the Board voted to recom- mend Article 6 by a vote of 5-0-0. Hines will be making the mo- tion and presenting. On motion by Ensminger, seconded by Hoyt, the Board voted not to support Article 7 by a vote of 0-5-0. Ensminger will make the report, but the petitioners will make the motion. There being no further business, on motion by Hoyt, seconded by Hines, the Board voted to adjourn at 11: 04 p.m. by a vote of 5-0-0. Respectfully submitted, Zcre ry