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HomeMy WebLinkAbout2010-01-12 Board of Selectmen Minutes Board of Selectmen Meeting January 12,2010 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, RMLD General Manager Vinnie Cameron, Town Counsel Ellen Doucette, Recreation Administrator John Feudo, Office Manager Paula Schena and the following list of interested parties: Phil Pacino, Debbie Shontz Stackpole, Dave Vancuso,' Steve DiNisco, Dean Barney, Bernie Winne. Reports and Comments -Selectmen's Liaison Reports and Comments — Selectman Stephen Goldy announced that he will be running for re-election. He also reminded residents that the Senate race Election is on Tuesday of next week. Selectman Camille Anthony noted that she attended a meeting of the Audit Committee, and the.auditors gave us a very good report. Selectman Richard Schubert noted that the Board received an email from Bob Frey regarding the Interchange. He will give a 5-10 minute report at the next Selectmen's meeting. Chairman Ben Tafoya noted that the Board had received a flyer from Creative Arts regarding a "Musical Performathon" fundraiser on Saturday from noon to 6:00 p.m. He indicated that there could be a conflict of interest with ,having an architect on the .Municipal Building Committee, and he would like to designate that Committee as Special Employees. The Town-Manager indicated that he will put this on the next agenda and the Board can discuss it then. Chairman Tafoya also noted that he attended a Board of Health Meeting, and they will be working on the "Healthy Reading Program" in the Spring. Public Comment — Dave Vancuso from Make Reading Better invited the Board and public to a seminar regarding Lyme Disease Awareness and Prevention that will be held either the last week in April or the first week in May. Debbie Shontz Stackpole was present to express her displeasure with the Town's response to the issues regarding her property at 186 Summer Avenue. Board of Selectmen Meeting..—January 12 2010—Page 2 Town Manager's Report The Town Manager gave the following report: • Street Sign Lottery • Change in ownership of Addison-Wesley/Pearson property—(Gateway 40R) • Snow and Ice account balance • The EDC is holding two Forums on sign regulations tomorrow, January 13th. One is at 7:30 a.m., and the other is at 6:30 p.m. at the Senior Center. It is the same presentation at both—so choose the one that is most convenient for you. • Local Elections 2010 o Nomination papers available o Nomination papers filed by February 16th— 5:00 p.m. o Withdraw nomination papers by March 2nd o Register to vote by March 17th o Election April 6th o Annual Town Meeting starts April 26th • Town Census — 3rd week in January — PLEASE USE THIS OPPORTUNITY TO LICENSE YOUR DOG in the least cost timeliest manner available. • Flu Clinic — An H1N1 flu clinic is scheduled for January 16th at the Coolidge Middle School 10:00 a.m. to 4:00 p.m. This is open to the general public including students in Grades 6-12 who would like the vaccine but had not turned in their permission slip for the"in school" clinics that were held in December. Curbside pick-up of Christmas trees is the week of January 11, 2010. • The Town of Reading will once again sponsor its Annual Martin Luther King Day Celebration on Monday, January 18th at the Reading Memorial High School Performing Arts Center. Breakfast will begin at 9:00 a.m. and the program will commence at 10:00 a.m. • The Town Manager noted that he met with a representative from the U.S. Census today. Assistant Town Mana erg 's Report— Bob LeLacheur noted that there will be no Finance Committee meetings in January, and the next Financial Forum will be on February 10th at 7:30 p.m. at the Senior Center. Discussion/Action Items Extension of 20 Year Agreement — RMLD — The Town Manager noted that the Town needs to give 10 year's notice if they are going to leave the Light Department. Phil Pacino noted that he is the senior member of the Reading Municipal Light Board and was the negotiator in the original agreement. He also noted that the 20 year agreement works fine. Reading Municipal Light Department General Manager Vinnie Cameron noted that once all of the Towns and the Light Board have voted,he will send around one signature sheet. Board of Selectmen Meeting—January 12 2016—Page 3 Selectman Richard Schubert asked if anyone has ever left other municipal light departments who serve multiple towns. Mr. Cameron noted that Stow wanted to break away from Hudson but the lawsuit went on for 1.5 years, and they ended up signing the same type of agreement. A motion by Goldy seconded by Anthony to approve the extension of the 20 Year Agreement with the Reading Municipal Light Department and the communities of Lynnfield, North Reading and Wilmington for 10 more years that will continue the agreement through July 9,2030 was approved by a vote of 4-0-0. Hearing Starbucks Early Opening 5:00..a.m. —288 Main Street—The Secretary read the hearing notice. The Town Manager noted that this location is on Main Street, and Percy Avenue is the private way behind the location. Pages 6 and 7 of tonight's handout have the Board of Health dumpster complaints which have been an ongoing issue since 2004. There is also a letter noting that the signs are not in accordance with the sign bylaw. Starbucks Regional Manager Steve DiNisco was present. He noted that they are requesting an early opening to service the.customers and to indirectly increase revenues. He also noted that they will find another waste contractor if they have any more problems. He indicated that they just found out about the signage, and he has notified the leasing department and it will be resolved. He noted that the dumpster is emptied five days, Monday through Friday, and he will also include Saturday pick up. They are going to monitor the purveyor. Selectman Camille Anthony asked if it was the same contractor as the one on Walkers Brook Drive and it was noted that it was not. Selectman Richard Schubert noted that there are various name changes in management and asked how the Town is updated. Mr. DiNisco indicated that it was through the Health Division. Dean Barney, Quality Assurance Specialist for Starbucks, indicated that he has worked with the Health Administrator Larry Ramdin in Newton and Reading. The Town Manager noted that he included proposed conditions in the motion to modify the,operation of the dumpster and to meet the requirements of the sign bylaw. Selectman Stephen Goldy, noted that he has a problem with the sign condition and wants to keep it separate. Chairman Ben Tafoya noted that there have been no dumpster enforcements for one year so he's not concerned about the dumpster issues. Mr. DiNisco noted that he did not know what is behind the signs. He also noted that the dumpster is an operating issue and the sign must be conformed with by July 1, 2010. Board of Selectmen Meeting—J uary12 2010—Page 4 Selectman Richard Schubert noted that the two conditions could be dropped from the motion. A motion by Goldy seconded by Anthony to close the hearing for the early.openin� at 5.00 a m for Starbucks Coffee Company at 288 Main Street was approved by a vote of 4-04 A motion by Goldy seconded by Schubert to approve an application by Starbucks Coffee Company at 288 Main Street to open at 5.00 a.m., Monday through Friday, effective January 13, 2010, and excluding State designated holidays. This approval will expire December 31 2010. The Board of Selectmen finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The'motion was approved by a vote of 4-0-0. Update on Town Forest Master Plan — The Town Manager noted that a Master Plan is needed for the Town Forest. Former Town Planner Carol Kowalski met with the Town Forest Committee in May and they are looking for resources. The State Forester came out on Saturday and visited the Town Forest. The Town is filing an application to apply for funds in the amount of $4,000 to have a Forester, come out and make recommendations on land use management. Selectman Richard Schubert asked if$4,000 will get us an analysis and recommendation, and the Town Manager indicated that it will on forestry. Selectman Schubert also asked if there will be funds for purchasing trees, and the Town Manager noted that if the Town takes down trees, then we will get,money for them to buy more trees. Discuss Junk Regulations — Town Counsel Ellen Doucette was present. The Town Manager noted that the Selectmen felt uncomfortable with a bylaw and thought a Selectmen's policy would be better. On the issue of precious metals, he has received three calls from people wanting to open shop or have gold parties. Town Counsel noted that a bylaw would add a non-criminal disposition fine. She also noted that second hand clothing could be burdensome to wait 14 days. The bylaw would require sellers to hold onto gold and silver for 14 days - it would require scales to be tested and identification would have to be requested. The Town Manager noted that the Town has a bylaw with no meat behind it.. Chairman Ben Tafoya asked why we should license, and Town Counsel indicated that State law states that the towns should have oversight because'merchandise could be stolen. i Board of Selectmen Meeting.—January 12 2010—Page 5 Chairman Ben Tafoya asked if the primary business is selling jewelry, would they need to be licensed, and Town Counsel indicated that they would for second hand articles. Selectman Stephen Goldy asked what the recourse is for someone who feels that they got ripped off, and Town Counsel noted that it is a civil or criminal violation. Selectman Stephen Goldy noted that there are already State regulations in place, and feels that this would involve a significant amount of work for staff during the budget crunch. Chairman Ben Tafoya noted that people dispose of property when they pass, and this would help to offer a safeguard. He is in favor of a policy. Selectman Richard Schubert noted that the Town can't control the types of businesses but can offer safeguards. Selectman Stephen Goldy noted that there are lots of jewelry parties and Tupperware parties that the Town does not regulate. He feels that it is up to the people to know who they are inviting into their homes, and he is not in favor of regulating this. The Town Manager noted that if the Town does not want to regulate, then the bylaw should be rescinded. Selectman Stephen Goldy noted that a policy is much better than a bylaw. Town Counsel noted that-a policy on its own is not enforceable. If the Selectmen make conditions on a license, then it is enforceable. Town Counsel recommended adopting the non-criminal disposition in the bylaw. The Town Manager noted that he will develop a policy for review at a workshop meeting. Discuss Earth Removal Bylaw Status — The Town Manager noted that this draft bylaw needs to be simplified but it is unlikely that it will be, ready for the Annual Town Meeting. Town Counsel noted that it is easier to put everything in the draft bylaw, and then remove items rather than trying to keep adding items Wit. Town Counsel noted that the Town Planner is working to put this on the Annual Town Meeting, and the Town Manager indicated that he will direct staff to continue working on'this but not for the Annual Town Meeting. Review Amendments to Gifts and Donations Policy —.Recreation Administrator John Feudo and Recreation Committee Chairman Bernie Winne were present. The Town Manager noted than the Selectmen adopted a policy, and the Recreation Committee is asking that they tweak it to make it more manageable. John Feudo noted that there is some red tape that could be obstacles. Bernie Winne noted that the faster they can get a request turned around,the better. Board of Selectmen Meeting—January 12 2010—Page 6 The consensus of the Selectmen was that they are willing to adjust the policy to make sure it works. The Town Manager will put this on a future agenda for a public hearing. Information on Damage to the Wood End Playground — The Town Manager noted that the Wood End Playground is a boundless playground. A volunteer was helping out on clean up day and ran a bobcat over the poured in place rubber surface and ruined it. The cost of repair/replacing is $16,000 and insurance will not cover. The Town Manager noted that the group who did the fundraising has some money but not enough. Selectman Richard Schubert asked if there was a way to patch it, and the Town Manager noted that John Feudo will check this out. Proposed School Zone Signing — Birch Meadow Area — The Town Manager noted that the Parking, Traffic and Transportation Task Force looked at how to expand the school zone in the Birch Meadow Area. He also noted that the n Arthurlzone canB Lord Drive,eanexpanded also westward on Birch Meadow Drive, up to Forest Street o on.Birch Meadow Drive to the middle of the track. The Town Manager suggests eliminating the flashing lights and post the school zone when children are present. If the Town keeps the flashing signs, it is only a school zone when the lights are flashing. The Town Manager noted that the State regulates where the school zones are, but the Selectmen might want to hold a hearing anyway. Chairman Ben-Tafoya asked if the regulations have changed, and the Town Manager indicated that they have. Chairman Tafoya directed the Town Manager to meet with the principals and then put this on the agenda-for a public hearing. Approval of Minutes A motion by Anthony seconded by Schubert to approve the Minutes of January 5, 2010 was approved by a vote of 3-0-1,with Gold v abstaining. A motion by Anthony seconded by Gold y to adiourn the meetinfy of January 12, 2010 9.25 p m was approved by a vote of 4-0-0. at Respectfully submitted, Secretary