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HomeMy WebLinkAbout1992-08-25 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting August 25, 1992 The meeting was convened at 7: 15 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman George Hines, Secretary Sally Hoyt, Selectman Bill Burditt, Town Manager Peter Hechenbleikner and the following list of interested parties: William C. Brown, Ernie Livingstone, Mr. & Mrs. Carl L. Wood, Mr. & Mrs. Richard Wood, Evelyn Wood, L. J. Kelley, Mr. & Mrs. Paul D. Murphy, Tom & Sharon Ofenstein, Sal Mele, Loretta Spaulding, Olive M. DePatie, Annette Flangan, Mar- jorie O'Donnell, Walter Spaulding, David M. Meuse, Ginny Lane, Michael T. Terry, Ellen Terry, Dorothy Foxon, Lois K. Bond, Bryan Hodgkins, Eva Hakansen, Robert Jones, Kendra Cooper, Paul G. Feragamo, Nancy L. Eaton, and Virginia M. Adams. On motion by Hoyt seconded by Burditt the minutes of August 4, 1992 were approved as amended by vote of 3-0-0. On motion by Burditt seconded by Hoyt the minutes of August 19, 1992 were approved by a vote of 3-0-0. George Hines reviewed the agenda for all present. He noted that, by Charter, any votes of the Board would have to be unanimous be- cause a positive vote of the full authorized membership of the Board is required to take any action. Liaison Reports Ms. Hoyt indicated that she had received six calls with regard to the Senior Center suggesting that the Board of Selectmen go along with the vote of the Advisory Committee. She attended the August 10 Senior Center Advisory Committee meeting and researched the issue; she attended the August 13 meeting of the Senior Center Advisory Committee meeting. She talked to EOCD about the bathroom issue in the new Senior Center. Ms. Hoyt reviewed the Adopt a Kid Program to purchase school clothes for Reading stu- dents; a grant application is being prepared for regional , waste oil drop off; teacher training for 22 Reading teachers regarding substance abuse will take place tomorrow; over 100 applications have been received for the Van Driver position; the summer camp season ended with our most successful season to date, and the pool will stay open until September 4. Bill Burditt also attended the Senior Center Advisory Committee meetings on August 10 and 13 . The Town sold bond anticipation notes at 2 . 93%; the Town Accountant and Finance Director are preparing a cost impact on the Early Retirement Incentive Program; he attended a luncheon for retiring Fire Chief Redfern. George Hines noted that the Board of Selectmen is negotiating the Ice Rink lease and have had their second session. We are making good progress and the negotiations are amicable. Issues raised during the process of discussion of the rink are being addressed. He has received calls about the Senior Center and the issue will be dealt with later in the agenda. He noted that the Reading Rotary Circus was very successful resulting in a $2000 donation Selectmens' Minutes - 8/25/92 - page 2 to the Library. He also noted that the Reading Housing Authority has reached an agreement with Schoolhouse Condominiums to provide four units of low moderate income housing on the site. Public Comment Jessie Mraz, Executive Director of the YMCA, presented the "Pride Stride" program which is a walkathon to help the various non- profit organizations in Town. It will be held Sunday, October 18 at 2 : 00 p.m. She is asking for support from the Board of Selectmen and they indicated that they would be very supportive. Personnel and Appointments .On motion by Hoyt seconded by Burditt a proclamation honoring Tony Fletcher was approved by a vote of 3-0-0. Town Clerk Catherine Quimby swore in new Fire Chief Donald L. Wood. Present were Mr. Wood's wife Ponnie, his children, and a number of friends, family and co-workers. The Board congratu- lated Captain Wood on his appointment and Captain Wood thanked the Board of Selectmen for the confidence shown in him. On motion by Hines seconded by Burditt Gordon Puff was reap- pointed to a term on the Cable TV Committee to expire 6/30/95 by vote of 3-0-0. On motion by Burditt seconded by Hines Mr. Joseph Dinan was ap- pointed to a term on the Insurance Advisory Committee for a term expiring 6/30/95 by vote of 3-0-0. Licenses Robert Currie and Dean Kapsalis from Salem Street Garage were present to request a Class II motor vehicle license. The address is 34 Salem Street, Reading and they propose to sell two cars at this site. Sally Hoyt indicated that she had visited the site and feels there is sufficient space for one vehicle to be sold. She indicated that the landlord has more cars. Five of the vehicles at that site are currently surplus and would be sold. The operator uses three spaces on the street for three employees. Bill Burditt indicated that he thought the area was a mess. There is parking on the sidewalk and on the street. Part of this may be related to the shop next door. He wanted to know where the parking for the customers would be to sell cars. George Hines asked what would happen with the five to six vehicles on site now - they would have to be sold one by one. It was sug- gested that the employees' vehicles be parked in the Union Street lot and leave space for the customers' vehicles. On motion by Burditt seconded by Hoyt the Board voted to approve a Class II Motor Vehicle License for the Salem Street Garage at 34 Salem Street for no more than one vehicle to be sold at any one time; the vehicle to be located as indicated on the plan; the repair facility is located at 34 Salem Street; the price is to be stated on the vehicle in letters no larger than two inches; no banners, pennants, windshield signs or other information other than the principle sign on the premises; the site to be kept in clean con- dition at all times; the license to expire 12/31/92 . The motion was approved by a vote of 3-0-0. Selectmen's Minutes - 8/25/92 - page 3 Harvey Charter, supplier of video equipment, appeared before the Board of Selectmen to request a license for coin-operated amuse- ment devices at the Burger King, 357 Main Street, Reading, Mas- sachusetts. Mr. Ifty Bhatti is the manager of the store and recommended the approval of this license. This is a corporate store and they have such games in a number of corporate stores in Massachusetts and Connecticut. Burger King will also be offering sit down service. The reason for the games is to provide a small profit center for stores. The games are controlled and located near the rest rooms out of the way. The manager has a choice to put the games in or not. The facility and therefore the games are available from 6:30 a.m. to 10: 00 p.m. Members of the Board of Selectmen raised concerns about kids hanging out in this loca- tion, although there were also comments that more recreational facilities are needed for kids in Town. Mr. Charter indicated that size would limit the number of kids allowed at the games at any one time. George Hines indicated that he was torn between providing activities for the kids, and the potential problems that would be created. Sally Hoyt indicated that she supports businesses but feels that this license would create a problem and a precedent and was not in favor of. a hangout. There have been problems in the past. Bill Burditt indicated that he is pro business but felt that there were safety concerns with permitting the games in this location. Bill Brown spoke from the audience and indicated that the Town used to have three bowling alleys and a youth club and they had hangouts. He felt that this would not be a problem. The Board voted on motion by Burditt seconded by Hines to approve licenses for two coin-operated video games to be located in the interior of the premises at 357 Main Street, Read- ing, Massachusetts, with licenses to expire on 12/31/92 . The mo- tion failed on a 2-1-0 vote with Mr. Hines and Mr. Burditt voting in the affirmative. Mr. Morton I. Owen appeared before the Board of Selectmen to re- quest a Peddlers license to sell hot dogs, drinks, kielbasa, and snacks at 273 Salem Street (the REI/Registry building) . Mr. Owen appeared before the Board, and the Board had letters from the Registry, from the property lessee, from Curley Insurance Agency, and from REI indicating that they had no objection. Mr. Owen in- dicated that he would be in operation from approximately 9 : 00 a.m. to 4:00 p.m. He has no other pushcarts but he does use this pushcart in Newburyport. He would be staffing the facility with his son. He is headquartered in Milton. The letter from the Health Director indicated that the pushcart operation must "operate from a fixed food establishment and shall report at least daily to such location for all food and supplies and for all cleaning and servicing operations. " It was not clear where this location was. Jim McTaggert who operates Joann's Variety Store on Salem Street objected indicating that he pays taxes and other expenses of a fixed location and sells the same kind of food product. He has also talked with Ken Ivester, the owner of Wes Parkers, who also has concerns. He indicated the pushcart does not have to meet all the sanitary conditions and other con- ditions that a restaurant or food establishment does. Business is difficult and he felt this would take away from his business. Selectmens' Minutes - 8/25/92 - page 4 A motion by Burditt seconded by Hines to approve a Peddlers license for Morton I. Owen to sell hot dogs, drinks, kielbasa and snacks at 273 Salem Street subject to: 1) the premises being maintained in a clean condition at all times with rubbish to be removed from the site at least daily; 2) hours of operation to be limited to Monday through Thursday - 9: 00 a.m. to 3 : 00 p.m. ; 3) location of pushcart as indicated on the plan; 4) continued ap- proval of the tenants of the building; 5) approval of the Board of Health; 6) license to expire 12/31/92 . The vote was 2-1-0, with Burditt and Hines voting in the affirmative but the motion failed due to not achieving a majority vote of the Board. Mr. Hines advised Mr. Owen that he was free to reapply when a full Board was present. The Board discussed the issue of the bathroom at the Senior Center. Mr. Hines advised all those present that the dialogue on the issue would be limited to the waiver issue only. The Town Manager gave the background of the history of the project. Sally Hoyt indicated that we should request a waiver which would be good for two years. Volunteers are willing to assist in making this application. Bill Burditt felt there was no problem in going forward as the Advisory Committee and the Council on Aging had recommended. Kendra Cooper asked why a unisex restroom was not seriously considered. George Hines indicated that the com- mittees felt that it was considered. Cooper also asked about the Town Manager's memo in July regarding meeting all codes. The Town Manager assured the Board of Selectmen that all codes ap- plicable to this facility were met in the opinion of the code en- forcement officials and the architect. Cooper also expressed concerns about a potential violation of the open public meetings law; the Town Manager indicated very strongly that there had been no such violation and that Town Counsel would answer the charges that were made through the District Attorney's office. Walter Spaulding, a Town Meeting Member, asked whether or not an occupancy permit would be issued since it looks like a bathroom would be required. The Town Manager indicated that that was not the Town's understanding. Brian Hodgkins from Village Road was a member of the Senior Center Advisory Committee and he wants to emphasize that there is no reason not to proceed as proposed. Loretta Spaulding gave the Board of Selectmen a petition with about 150 names on it indicating that they want the Senior Center now. On motion by Hoyt seconded by Burditt the Board voted to direct the Town Manager to apply to -the State Plumbing Board for a variance to permit a single handicap bathroom facility to be lo- cated on the main floor of the new Senior Center, to be installed at such time within one year of occupancy of the facility as the Board of Selectmen may determine to install such a facility. The motion was approved by a vote of 3-0-0. George Hines emphasized to the folks assembled that this did not mean that a bathroom Selectmens Minutes - 8/25/92 - page 5 facility would necessarily be installed - it merely meant that it would be revisited at a later date and would be considered at that time. George Hines reviewed a proposed policy on Public Comment for the Board of Selectmen's Agendas. Bill Burditt and Sally Hoyt both commended George Hines for the work that he has done on the issue. Hines reviewed the proposed policy. He had received ver- bal comments from Nigro and Ensminger who are not present 'at this meeting. With regard to the stated purpose both Ensminger and Nigro indicated that it should not be set up for immediate ac- tion. This part of the agenda is for "spontaneous comment used to raise issues. " With regard to the policy, Dan Ensminger sug- gested that it should be re-worded to read "ordinary staff channels. " With regard to procedure, Ensminger indicated that there should be a maximum of three minutes. If there is a group issue then they should hear from a single spokesperson. Bill Burditt felt that this would work well and would bring order from chaos. The Board directed that ,Public Comment not be "scheduled" - if somebody had something to present to the Board they should do so on an item on the agenda. Kendra Cooper asked what the previous policy was. She indicated that the School Committee has 15 minutes. She is concerned about the three-minute limit and concerned about the detail. Nancy Eaton, speaking as an in- dividual and not as President of the Reading Rifle and Revolver Club, indicated that she had two issues - that the Board would not discuss something of recent action and that the term recent should be defined; and that there should not be a time restric- tion. Brian Hodgkins indicated that the public should be notified as to how they can be heard under Public Comment, perhaps on the agenda. This item will be scheduled for a public hearing and action by the Board of Selectmen at a later date. The Town Manager reviewed the current staffing of the Public Works Director position. Tony Fletcher has retired. The Town Manager has appointed Ted McIntire as Acting Director for up to four months while we do some review and evaluation of the depart- ment and its mission. The Town Manager indicated that a salary of $56, 000 would be appropriate at this time, to be reviewed when any organizational changes take place. George Hines asked that the work be done quickly in terms of reviewing the department. Interim situations can be difficult. Sally Hoyt felt that McIn- tire would do a great job and she looks forward to getting through the process. Bill Burditt agreed. On motion by Hoyt seconded by Burditt the Board approved a starting. salary for Ted McIntire in the position of Acting Director of Public Works at a rate of $56,000 by a vote of 3-0-0. The Town Manager reviewed the Vending Task Force's report. The Board of Selectmen asked the Task Force to review all issues and come back to them with recommendations, and alternative recommen- dations when appropriate. The directions outlined seem to be ap- propriate. Selectmens Minutes - 9./25/92 - page 6 The Town Manager reviewed the need for a lease with the Housing Authority with regard to the Pleasant and Parker Street improve- ments. The Town Manager will be back with a lease at a later date whereby the Town will lease the Authority's parking lot from the Authority, and operate it as a parking lot for both the Authority and the Senior Center. The Town Manager reviewed the hearings held on street improve- ments on Salem Street; Woburn Street; Washington and Village Streets; as well as the intersection improvements at Pleasant and Parker. The Board approved all plans as submitted, but suggested that we try to make some modification on Harnden Street at Salem Street so it not be so much of a "sliding stop. " The Board also commended the property owner who expressed a willingness to donate land to the Town at Village and Washington to improve this intersection. George Hines asked that a future agenda include discussion on the "Common" design criteria. On motion by Burditt seconded by Hoyt the Board voted to go into Executive Session to approve minutes, discuss labor negotiations, discuss litigation, and discuss real estate negotiations, not to come out into Open Session. All three members present voted in the affirmative and the Board adjourned to Executive Session at 10:25 p.m. Resp tfully submitted, Secret ry