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HomeMy WebLinkAbout1991-08-06 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting August 6, 1991 The meeting was convened at 7:04 p.m. Present were Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Town Manager Peter Hechenbleikner and the following list of in- terest parties : Bill Brown, Howard J. MacKilligan, Diane J. Young, Maria E. Silvaggi, Leslie York, Irene York, Edwin B. Low, Paul Selvitelli, Robert Guiliard, Frank Monteiro, Tony Fletcher, Bill Robertson, Ed Cirigliano, Ted McIntire, Stu LeClaire, Jonathans Edwards. Selectman George Hines arrived at 7:35 p.m. On motion by Ensminger seconded by Hoyt the minutes of July 16, 1991 were approved as amended by vote of 3-0-0. Liaison Reports Sally Hoyt indicated the the Small Cities Grant Application for the Senior Center needs to be submitted by September 13. The form of the grant is currently under review. Dan Ensminger indicated that he had received a number of calls from the abutters of Washington Park expressing concerns about the closing of the easements. A meeting will be held by the Town Manager on September 11. Ensminger further indicated that he had worked with Bill Connors for the Finance Department on extensive work regarding the Trash Fee which will be discussed later. Eugene Nigro indicated that he had received a number of calls and petitions regarding Washington Park, and had been asked to put this matter on the agenda for the August 27 meeting. There was no consensus to go for the August 27 meeting. The September 11 date will be kept. He also attended a visit on July 31 of the Restuccia Rink with the Ice Rink Feasibility Advisory Committee. The Town Manager reviewed a number of issues : Concern is expressed that the flag on the War Memorial is not illuminated at night because of street light turnouts. The Town. Manager will deal with this (a less expensive means of illumination is being developed) . The Town Manager asked the Board to consider dismissing the Ormes/Lux Lawsuit and Counterclaims since that property has been acquired by the Reading Municipal Light Department. On motion by Hoyt seconded by Ensminger the Board voted to dismiss this case by a vote. of 3-0-0. The Town Manager indicated that the bids have been taken for the fire truck and the ambulance. The fire truck low bid by Emer- gency One was for $342, 156. Radios and other equipment will be extra, but the project should come in at approximately $20, 000 under the authorized expenditure. Frontline was the successful bidder for the ambulance at $73,490 plus radio and other equip- ment. This should come in just under the $80, 000 authorized. The Town Manager indicated that Reading's Building Inspector is Acting Building Inspector in North Reading and it was hoped that this would become part of a regional building inspection opera- tion. - Minutes oftheBoard of Selectmen Meeting August 6, 1991 The meeting was convened at 7:04 p.m. Present were Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Town Manager Peter Hechenbleikner and the following list of in- terest parties: Bill Brown, Howard J. MacKilligan, Diane J. Young, Maria E. Silvaggi, Leslie York, Irene York, Edwin B. Low, Paul Selvitelli, Robert Guiliard, Frank Monteiro, Tony Fletcher, Bill Robertson, Ed Cirigliano, Ted McIntire, Stu LeClaire, Jonathans Edwards. Selectman George Hines arrived at 7:35 p.m. On motion by Ensminger seconded by Hoyt the minutes of July 16, 1991 were approved as amended by vote of 3-0-0. Liaison Reports Sally Hoyt indicated the the Small Cities Grant Application for the Senior Center needs to be submitted by September 13. The form of the grant is currently under review. Dan Ensminger indicated that he had received a number of calls from the abutters of Washington Park expressing concerns about the closing of the easements. A meeting will be held by the Town Manager on September 11. Ensminger further indicated that he had worked with Bill Connors for the Finance Department on extensive work regarding the Trash Fee which will be discussed later. Eugene Nigro indicated that he had received a number of calls and petitions regarding Washington Park, and had been asked to put this matter on the agenda for the August 27 meeting. There was no consensus to go for the August 27 meeting. The September 11 date will be kept. He also attended a visit on July 31 of the Restuccia Rink with the Ice Rink Feasibility Advisory Committee. The Town Manager reviewed a number of issues : Concern is expressed that the flag on the War Memorial is not illuminated at night because of street light turnouts. The Town. Manager will deal with this (a less expensive means of illumination is being developed) . The Town Manager asked the Board to consider dismissing the Ormes/Lux Lawsuit and Counterclaims since that property has been acquired by the Reading Municipal Light Department. On motion by Hoyt seconded by Ensminger the Board voted to dismiss this case by a vote of 3-0-0. The Town Manager indicated that the bids have been taken for the fire truck and the ambulance. The fire truck low bid by Emer- gency One was for $342, 156. Radios and other equipment will be extra, but the project should come in at approximately $20, 000 under the authorized expenditure. Frontline was the successful bidder for the ambulance at $73,490 plus radio and other equip- ment. This should come in just under the $80,000 authorized. } The Town Manager indicated that Reading's Building Inspector is A Acting Building Inspector in North Reading and it was hoped that this would become part of a regional building inspection opera- tion. Selectmen Minutes - 8/6/91 - page 2 The Selectmen asked the Town Manager to notify the Governor about their concerns about cutbacks in Chapter 90 funds for next year. These funds are absolutely essential for the continued main- tenance of the local roadway system. The question was raised as to whether the School Committee vote on the deferral of the teachers' salary was a legal vote pursuant to the Charter. The Town Manager indicated that it was not a legal vote since the Charter requires an affirmative vote of the majority of the authorized membership of any committee - i.e. four votes by the School Committee not the three votes that it received. The Board agreed to a special Board of Selectmen meeting on August 20 at 7: 30 p.m. to discuss the budget. The Board began discussion on the Solid Waste Policy amendments (the hearing had previously been closed and discussion continued until this date) . Dan Ensminger reviewed a chart outlining the age and household size of the population of Reading based on the Town's census data. This information was developed with staff from the Finance Department. He indicated that he would not want to see the trash fee structured on a straight per capita basis, but perhaps consideration could be given to a three-tiered ap- proach - one and two family units, three and four family units, and five and larger family units. He will however support a flat fee for the following reasons: the per capita method is an at- tempt to be fair with the fee. It is simpler than tagging trash bags, and more dependable in terms of income to be generated. Some households already get hit by a high fee and they would have higher trash fees. The use of a per capita basis may discourage fair answering of the census. A per capita basis may not relate to actual use. The per capita fee would be contrary to the plan presented to Town Meeting. He suggested that the Solid Waste Ad- visory Committee should review a tag system for future years. Sally Hoyt indicated that she would support a flat fee, but we should give special consideration for single household senior citizens, and to the unemployed. Eugene Nigro expressed concern that the flat fee does not en- courage recycling, and that although he supports the need for raising $486, 000 in revenue needed, he is concerned that many senior citizens have expressed a willingness to pay a fair fee based on their actual use and not a flat fee. George Hines reviewed the motion of Town Meeting that said it would be a flat fee billed with water and sewer. He feels that the flat fee is the appropriate. way to go. Bill Brown and Jim Keigley from the audience asked how effective recycling is. On motion by Ensminger seconded by the Board adopted the Rubbish Collection Rules and Regulations as amended in Sections 5. 3 and Sections 8. 1 - 8.'5, with a statement in 8. 1 that the fee will ex Selectmens Minutes - 8/6/91 - .page 3 pine June 30, 1992 unless reauthorized by the Board of Selectmen. It was a motion by Hines seconded by Ensminger to further amend the policies to add Sections 8 . 6 to read as follows: Not- withstanding the language of Section 8.1 of these regulations providing for annual reauthorization, Section 8 of the regula- tions dealing with the Trash Fee and the Rubbish Collection Rules and Regulations will be rescinded whenever an agreement with RESCO is reached regarding a change in structure of the pass through costs or when the RESCO agreement expires on June 30, 1994, whichever comes first. Eugene Nigro indicated that he will be opposing the flat fee, responding to a number of people who tend to be elderly, who don't qualify or who don't want to apply for an abatement, and don't feel that this a fair system. The vote on the amendment was 3-1-0 with Nigro against. The vote on the main motion was 3-1-0 with Nigro against and the regula- tions were approved. At 8:15 p.m. the Board opened a hearing on application by the Mobil Oil Corporation at 178 Main Street to replace inground gasoline and oil storage tanks. James Senior represented the ap- plicant, and presented an affidavit and return receipts. He in- dicated that they are rebuilding this location. They have CPDC { approval, and want to increase underground storage from 34,000 gallons ± to 40,000 of gasoline plus a 90 gallon above ground waste oil tank. Frank Monteiro from Storch Associates also rep- resented Mobil Oil. They will be building a station building and convenience store to be moved back to the back property line. They will increase the distance from Main Street to Summer Avenue access point. They will be adding landscaping in all areas, and improving the traffic flow by locating the islands back further from Main Street. They will meet all zoning requirements, the tanks will be located in the same locations. They will meet all environmental standards. They don't know whether there is any contamination, and would not discover that until such time as the tanks are dug up. There are no known 21E problems. If there is any contaminated soil it will be stored very briefly along the southerly commercial property line. The soil will be removed im- mediately. They don't expect to have to blast. Bill Brown indicated that they have a 21E problem where the building is proposed to be located because there was a former gas station on the site. On motion by Ensminger seconded by Hines the Board moved to close the hearing at 8 : 25 p.m. by vote of 4-0-0. On motion by Ensminger seconded by Hoyt the Board voted to grant the license for four underground storage tanks of 10, 000 gallons each and one above ground waste oil tank of 90 gallons by vote of 4-0-0. On motion by Ensminger seconded by Hoyt the Board voted to ap- prove a taxi license for Michael J. Smith to drive a taxi for Town Taxi of Reading, Inc. for a term expiring April 30, 1992. 1 Selectmens Minutes - 8/6/91 - page 4 The Board ratified the Town Manager's approval of a Peddlers License for Reading Mens Softball League for August 2 through 4 by vote of (4) 3-0-0. The Selectmen reviewed the establishment of a Hazardous Waste Ad- visory Committee policy. They agreed to put this on for a hear- ing at their August 27, and to consider appointments to the Com- mittee following adoption of that policy that evening. The Town Manager reviewed the traffic issues at Industriplex and West Street. He reviewed the status of the Industriplex Connec- tor. The Commissioner of Mass DPW has committed the funds to construct this project. Private parties have committed the funds to construct the connection between the end of Commerce Way and Presidential Way in Woburn which is integral to this project. This construction by the private parties may take place by fall of 1992. The Town has been involved in the Industriplex issue for a number of years, and the actual construction of the In- dustriplex Connector may not be until 1994 or 1995. Meanwhile, there will be impact from the Inwood Office Park on the west side of Town, even when the Industriplex Connector is constructed. The Inwood Office Park even with the Industriplex Connector will still empty out onto West Street. There is $245,000 remaining of the developer's offer of $300,000 to mitigate traffic impacts on the west side of Town. The Town Manager and staff are recommend- ing that a portion of that money be used to do design work at a number of intersections including Willow/Lowell/Grove Streets; Willow/Summer/West Streets; West Street/Edgemont Avenue; West Street/Woburn Street/Wescroft Street; West Street/Oak Street; West Street/South Street; and possibly design the modification of signals at Summer/Prescott Streets and Summer/Woburn Streets. The Town Manager noted that input from the public and specifi- cally the West Side Task Force would be required prior to going ahead and prior to designing any projects. Dan Ensminger noted that the Town has fought the Inwood Office Park aggressively, but has lost. Representative Krekorian has been extremely helpful in this process. The Mass DPW feels that these projects can be con- structed through urban systems funding and that leveraging the developer contribution by doing design work would be appropriate. The remaining monies left from the developer contribution would be used to construct sidewalks on West Street, first on the west side and then infilling on the east side as money permits. The Board felt this is a proper approach and it would allow us to leverage the money as much as possible. The Town Manager will pursue securing the donation, and getting an engineering firm hired to do the design work. The Town Manager reviewed the intersection problems at Washington and Main Streets, along with Tony Fletcher, Director of Public Works, and Bill Robertson, Assistant Director of Public Works - Engineering. A general design was outlined which would close the southerly leg of Ash Street, and which would require ap- proximately 100 square feet of land taking on each of the three non-Town owned quadrants. There would also be an effect on curb closure. This project is fully funded by the Federal Government Selectmen Minutes - 8/6/91 - page 5 as a high hazard elimination project. The Board expressed some concern about closing the southerly leg of Ash Street, but recog- nized that it does present a traffic hazard. The staff will go ahead with discussions with the property owners and see if we can - accomplish friendly takings on all three locations. The project will be in 75% design and could be in construction by the spring of 1992 . The Board reviewed the Ash Street/Main Street intersection just to the south of the Ash Street/Washington Street intersection. Town staff presented a proposal which would realign Ash Street out to Main Street between the Burger King and the adjacent small shopping center. The grade crossing of Ash Street and the MBIA line would be abandoned. We would try to get the MBTA to con- tribute to this construction project. It would eliminate a very dangerous rail crossing and allow the intersection of Ash/Bolton Street and Main Street to be chanelized. It would also allow the solution to drainage problems in the area. The question was raised as to what the zoning impact to changing the parking would be. The residual part of Ash Street just to the south of the rail line would wind up being a public parking lot and would meet zoning requirements according to the Town Planner. The Board felt that this was a very creative idea and we should go ahead and pursue it with the local businesses and see if we can get this project funded and constructed. At 10:20 p.m. the public hearing was opened on the Policy for Backflow and Cross Connection Regulations. Public Works Director Tony Fletcher and Assistant Public Works Director Ted McIntire and Plumbing Inspector Ed Cirigliano reviewed the regulations with the Board. There was considerable discussion about the regulations, the need to adopt them, and the administration of the regulations. It is evident that the regulations must be adopted, although there may be some flexibility as to how to ad- minister them. On motion by Ensminger seconded by Hines the hearing was closed at 10:52 p.m. by vote of 4-0-0. On motion by Hines seconded by Ensminger the Board voted to adopt the "Regulations for the Control of Backflow and Cross Connections in the Town of Reading" by vote of 4-0-0. The Board talked about a memo from Selectmen George Hines regard- ing Board operating procedures. More work as possible will be delegated to the Town Manager including issuance of all licenses except for liquor licenses. The Board agreed that much of the proposed procedures were appropriate although some of them could be worded to be more guidelines than procedures. George Hines will make an attempt at rewriting them and this will be discussed at a later date. On motion by Ensminger seconded by Hoyt the Board voted to go into Executive Session for the purposes of approving minutes of r_...._ 5/21/91, discussing labor negotiations, and discussing the sale Selectmens Minutes - 8/6/91 - page 6 of real estate. All members voted in the affirmative and the Board adjourned to Executive Session at 11:42 p.m. --Respectfully submitted, d Secret ry Town of Reading RUBBISH COLLECTION RULES AND REGULATIONS The Town of Reading will provide for the collection of as the Director of Public Works may deem hazard- household rubbish from single family detached and ous. two-and three-family attached residences in the Town in accordance with these regulations: 3. Collection Schedule 1. Definitions 3.1 Items will be collected once each week in accordance with a schedule to be publish- 1.1 Rubbish will be considered to mean all ed periodically. household refuse, cold ashes, paper, gar- 3.2 No collection will be made from stores, busi- bage and other waste materials. Hess houses, rooming or boarding houses, 1.2 Bulk items are defined as any item not con- manufacturing plants, professional build- sidered as rubbish and of such size or ings,or other commercial enterprises. weight that one person cannot readily hand- 3.3 Items will be collected when set at the edge le the item and the item is over 80 pounds and/or falls into the following categories: of the traveled way in approved containers by 6:30 a.m. on regular collection days. 1.2.a Auto parts such as generators, Workers are prohibited from entering onto starters, air cleaners,auto seats, or trespassing on any private property wheel rims, small pieces of body during their collection. If rubbish is not metal etc. These items will be pick- placed at the edge of the traveled way by ed up in accordance with Article 5 of 6:30 a.m. on regular collection days,and these regulations except that if in the contractor has already driven by the the opinion of the Department of residence,the rubbish will not be picked up Public Works the quantity of these that week and the homeowner will be parts at any one household is un- responsible for removing the rubbish from usually great they will not be col- the edge of the roadway no later than the lected. end of that day. 1.2.b Furniture, such as couches, chairs, 3.4 No collection will be made on the following television sets, mattresses, box legal holidays: New Years Day, Martin springs, swing sets (dismantled) Luther King's birthday,Washington's with concrete footings removed, Birthday, Patriots Day, Memorial Day, Inde- bicycles and other similar items are pendence Day, Labor Day, Columbus Day, considered bulk items which may Veterans Day,Thanksgiving Day,and be picked up in accordance with Ar- Christmas Day. Collections will be one day ticle 5 of these regulations. late during the balance of the week in which 1.2.c Auto parts such as large pieces of the holiday falls. (i.e. if a holiday falls on a body metal, or engine blocks; build- weekday,the fifth day of collection will be in materials such as wood rester Saturday. As an example, if a holiday falls g g on Monday, Mondays collection will be than six feet in length and greater made on Tuesday;Tuesday's on Wednes- than 60 pounds;and appliances in- day etc.) cluding refrigerators, stoves, air con- ditioners,washers,dryers,and 4. Approved Containers freezers will not be collected. Rubbish except for bulk waste must be placed in an 1.24 Earth, stones,tree trunks or large approved container as defined in Sections 4.1 tree limbs,tires and batteries will not through 4.5 as follows: be collected. 4.1 Approved containers are"wet strength"two- 2. Hazardous Materials ply 50 pound kraft paper sacks of 30 gallon All hazardous materials as herein defined shall not capacity; 1.5 mil thickness plastic bags of 30 gallon capacity; or 30 gallon capacity be collected: sed gasses, explosive gasoline, explosives, compresbarrels with handles. Residents using bar- rels are cautioned that sub-zero tempera- chemicals,corrosive chemicals,all hazardous was- tures and icing will result in the barrel tes as defined by DEP and EPA,and other materials having to be banged on the steel hopper of Adopted June 5,1990 1 Revised August 6,1991 Town of Reading RUBBISH COLLECTION RULES AND REGULATIONS (continued) the truck which will probably result in split 5.3 One week each year in the Spring, on a or dented barrels. date to be announced and publicized by the Director of Public Works,the Town will 4.2 Residents using other types of barrels or provide for a bulk waste pick-up program at other unapproved containers should recog- no additional cost to the homeowner who nize that these containers will be treated as has his rubbish picked up by the Town. a bulk item and disposed of as such. Bulk waste will be picked up in addition to 4.3 The Town discourages the use of any the regular rubbish collection that week, cardboard barrels or cardboard boxes and materials to be picked up will be in ac- since once they become wet they lose cordance with these rules and regulations. much of their strength. The Town of Read- 6. Yard Waste ing and the contractor will notbe respon- sible for any damage to cardboard barrels. 6.1 Leaves will not be picked up curbside Residents who use cardboard barrels are during any time of the year,except that for doing so knowing that the above damage three weeks during the fall,on a schedule will probably occur. to be announced,the Town will provide for 4.4 If a container falls apart during collection, a separate collection of leaves and/or grass clippings at curbside. any rubbish left need not be picked up by the contractor,and the resident will be 6.2 The Town will operate a compost center responsible for cleaning up the rubbish. from April 1 through December 1 at least two days per week at times and schedule 4.5 Unlimited approved containers will be pick- to be announced. Leaves and grass clip- ed up each week. Any container that can- pings may be taken to the compost center not be handled by one person and weighs in any container,and the container or bag over 80 pounds will not be collected. must be removed unless the bag is a - 5. Bulk Waste Collection biodegradable kraft paper bag. Wood, brush cuttings and branches are not ac- Bulk waste is considered any item as indicated in cepted at the compost center,and may be ----` Section 1.2 of these regulations, and must be placed disposed of in accordance with Section 6.4 at curbside on the same day and in the same loca- of these regulations. tion as scheduled rubbish collection, in accordance with Sections 5.1 and 5.2. of these regulations 6.3 On pre-announced dates when leaves and grass clippings are to be collected at 5.1 Approved bulk waste will be picked up curbside in the fall,all such material must provided a sticker available from the Depart- be placed in wet strength 2-ply 50 pound ment of Public Works at a cost of$10.00 is kraft paper sacks of 30 gallon capacity. No affixed to each and every such item to be materials in plastic bags,and no loose collected. Items that do not have a sticker materials will be accepted. will not be picked up,and it will be the owner's responsibility for removing the bulk 6.4 Any wood, brush cuttings, or branches tied waste from the edge of the roadway no securely in bundles under three feet in later than the end of the day of the regular length and 18 inches in diameter and under pickup. 80 pounds in weight will be collected 5.2 No appliances including refrigerators, curbside during regular rubbish collection. stoves,washers,air conditioners, dryers, 7. Recycling freezers,dishwashers,trash compactors, or 7,1 The Town of Reading will supply to each other similar appliances will be picked up household subject to these regulations a by the Town under any circumstances. It is plastic bin for recyclable materials. Every suggested that residents arrange for household is required to place in that bin all removal of such items when a new ap- recyclable materials as follows: pliance is delivered, or contact Town Hall for names of carting companies who will 7.1.a All glass, unbroken,and excluding r remove such materials. ceramics, light bulbs,and plate glass. All glass must have metal rings and caps removed. Adopted June 5,1990 2 Revised August 6,1991 Town of Reading RUBBISH COLLECTION RULES AND REGULATIONS (continued) 7.1.b Aluminum cans. Board of Assessors: Clause 17D; Clause 7.1.c Tin cans with labels removed. 18;Clause 41 C;and Clause 41A. The Rubbish bill shall be rendered in these 7.1.d Newspapers bagged in a brown cases with a notation"waived"on the bill. paper bag or tied in bundles: 7.2 The recycling bin must be laced at 8.4 Property owners who do not wish to use Y g p Town Rubbish collection services must pro- curbside along with other rubbish on the vide proof to the Department of Public normal collection day and will be collected Works that they have an alternative rubbish by the contractor. If material placed in the collection contract with a hauler licensed by bin is not recyclable it will be left in the bin the Town of Reading. and the resident will need to remove the un- recyclable material and place the bin at 8.5 Appeals on Rubbish fees will be handled in curbside for the next collection. the same manner as appeals on water and sewer bills, being initiated with the Director 7.3 Replacement bins are available in the office of Public Works, subject to appeal to the of the Department of Public Works at cost. Town Manager,and ultimately subject to ap- 8. Rubbish Fee peal to the Board of Selectmen. 8.1 In order to offset the RESCO retrofitting 8.6 Not withstanding the language of section pass-through costs,there is established ef- 8.1 of these regulations providing for annual fective July 1, 1991,to expire June 30, 1992 reauthorization, Section 8 dealing with the unless reauthorized by the Board of trash fee in the Rubbish Collection Rules Selectmen, a Rubbish fee for all single fami- and Regulations will be rescinded when ly detached and two-, and three family at- either an agreement with RESCO is tached residences that are subject to these reached regarding a change in the struc- rules and regulations. The fee is estab- ture of the pass through costs,or when the lished at$84 per dwelling unit per year, pay- RESCO agreement expires on June 30, able quarterly with the Water and Sewer bill 1994,whichever comes first. (where such a bill is rendered) and the fee 9. Enforcement is subject to a 10%prompt payment dis- count if paid within 30 days: The property These rules and regulations are enforceable by the owner is responsible for the payment of the Department of Public Works. Enforcement.may con- Rubbish fee. sist of refusal to collect rubbish, bulk waste, or other materials that are not disposed of in accordance with 8.2 When payment of the Water, Sewer, and these rules and regulations. These rules and regula- Rubbish bills is less than the total amount tions are also enforceable in accordance with Sec- billed,the payment will be credited in the fol- tion 1.5 of the General Bylaws providing for a fine of lowing order: Interest and Arrears,Water, up to$300 for each offense. Sewer, Rubbish. If the Rubbish fee is not paid in full when it is due,a notice will be sent to the property owner. If the property owner does not respond within a rev. 8-6-91 reasonable time, a final notice will be sent and rubbish collection services to the property will be terminated. A property owner whose rubbish collection services have been terminated will be required to pay the remaining fiscal year's bill in full prior to reinstatement of service, after which the property will then be placed on a quarterly billing cycle. 8.3 The Rubbish fee will automatically be waived for any household that receives any one of the following property tax exemp- tions or deferrals as established by the Adopted June 5,1990 3 Revised August 6,1991