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HomeMy WebLinkAbout2012-03-13 Board of Selectmen Minutes i I i i Board of Selectmen Meeting March 13, 2012 The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Town Manager Peter Hechenbleikner, Office Manager Paula Schena and the following list of interested parties: Nadine Wandzilak, Karen and David Pinette, Virginia Blodgett, Tony Capobianco, Ashley Troutman, Nancy Heffernan, Ron D'Addario, Joanne Senders, Everett Blodgett, Mary Ellen O'Neill, Marsie West, Raymond Porter, Erin Calvo-Bacci, Karen Herrick, and Mark Cardono. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Ben Tafoya welcomed newly elected John Arena. Richard Schubert noted he had visiting hours, but no one attended. James Bonazoli noted that the Economic Development Committee sent information out on the Fagade Improvement Program that is taking place on March 21 at 7:00 p.m. at the Police Station Community Room. He also noted that Chris Herron will be speaking on substance abuse tomorrow at the Reading Memorial High School. John Arena thanked the community for his election. He attended a School Committee meeting and they are working on a policy regarding drugs and alcohol use and he was pleased to see the work that went into it. Public Comment — Ginny Blodgett from "Walkable Reading" attended the CPDC meeting regarding south Main Street best practices and she wants to congratulate them. She noted that the Community Planning and Development Commission will be setting up a joint meeting with the Board of Selectmen to discuss the number of lanes. "Walkable Reading" encourages the changes. Town Manager's Report—The Town Manager gave the following report: Administrative matters ♦ The census, along with the dog licensing reminder, has gone to all households - $10 for spayed/neutered, and $20 if not spayed/neutered. ♦ Annual Reading Friends and Family Day Moved to June 16, 2012! Due to a very mild winter, Reading schools will get out nearly a week earlier than expected. In response, the Reading Lions Club's Reading Friends and Family Day will now take place on Saturday, June 16. ♦ Comcast proposed PEG Channel realignment. ♦ Appraisals underway for Town land to be sold. Community Services ♦ The Reading Economic Development Committee (EDC) has established the Building Fagade and Signage Improvement Program (BFSI) which will offer technical and financial Board of Selectmen Minutes—March 13, 2012—page 2 assistance for property owners and tenants seeking to improve their building fagade, signage and exterior lighting. To be eligible for the program, commercial buildings must be located within the downtown area or surrounding target location. The open application process will begin that evening and continue to April 30, 2012. The program will be presented to the public on March 21, 2012 at 7:00 PM at the Community Room located at the Reading Police Station. ♦ Affordable housing available—30 Haven Street. ♦ Calereso's opened their new store on south Main Street today. ♦ Grumpy Doyle's — approval for serving in plastic cups when glassware runs out (on St. Patrick's Day only); and approval to start using the patio now(from CPDC). ♦ Mystic Valley Elder Services Legislative breakfast. Finance ♦ Debt re-financing for Coolidge and RMHS; and debt sale for Reading's share of the MSBA's Green Repairs program. ♦ FY 2013 budget hearings with the Finance Committee will be on consecutive Wednesdays through March 28 Library ♦ April 8 is National Library Week. There will be programs about Financial Literacy—called "Money Smart" ♦ There will be a transition to new Library software in May 2012 — after Memorial Day. The program is called Evergreen. ♦ For HELP WITH EREADERS -- The Lowdown on Downloads — see the web site for details. Public Safety ♦ We have filed with FEMA for our cost incurred during the October 29-30, 2011 snow storm, and for Tropical Storm Irene. Public Works ♦ Micro-Seal in the spring—portions of: Washington Street, Hopkins Street, Charles Street. ♦ Haverhill Street Water Main: completing in the spring, road overlay during summer 2013. ♦ Safe Routes to School Project curb and sidewalk bids awarded—construction 2012. Debt Refinancing—The Town Manager noted that Bob LeLacheur, Gail LaPointe and Nancy Heffernan put together refinancing for Coolidge Middle School and RMHS at 1.97% interest. This is very good news for the community. Nancy Heffernan noted that the money we received from the MSBA was applied to outstanding debt. A motion by Schubert seconded by Bonazoli that the Board of Selectmen hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the Birch Meadow School proiect authorized by a vote of the Town passed on November 8, 2010 (Article 9) not being Board of Selectmen Minutes—March 13, 2012 —page 3 paid by the school facilities grant is $341,461.39 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B. Further Voted: that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the J. Warren Killam School proiect authorized by a vote of the Town passed on November 8, 2010 (Article 9) not being paid by the school facilities grant is $692,879.68 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B. Further Voted: That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all of the Town's currently outstanding(i) $13,040,000 General Obligation Bonds dated January 1,2002, and (ii) $35,000,000 General Obligation School Bonds dated January 1, 2004 (collectively, the "Refunded Bonds") and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds. Further Voted: that the sale of the $11,620,000 General Oblieation Municipal Purpose Loan of 2012 Bonds of the Town dated March 22, 2012 (the "Bonds"), to TD Securities (USA) LLC at the price of $13,966,505.15 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2013 $200,000 3.00 % 2019 $1,115,000 5.00% 2014 175,000 3.00 2020 1,165,000 5.00 2015 990,000 4.00 2021 1,205,000 5.00 2016 1,000,000 5.00 2022 1,245,000 5.00 2017 1,025,000 5.00 2023 1,185,000 5.00 2018 1,065,000 5.00 2024 1,250,000 5.00 Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 28, 2012, and a final Official Statement dated March 7, 2012 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: to authorize the execution and delivery of a Refunding Escrow Agreement to be dated March 22, 2012, between the Town and U.S. Bank National Association, as Refunding Escrow Agent and Payine Aeent. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which Board of Selectmen Minutes—March 13, 2012 —page 4 undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I_further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes)was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G.L. c.30A, 4418-25 as amended. The motion was approved by a vote of 4-0-0. Personnel and Appointments North Suburban Planning Council — The Town Manager noted he spoke with the Massachusetts Area Planning Council and confirmed that our reps on the NSPC are Ben Tafoya and George Katsoufis and Steven Sadwick is our rep on the MAPC. There are no appointments needed to be made. Discussion/Action Items Designation of Liaison Assignments for New Selectman — Ben Tafoya noted that John Arena will take Camille Anthony's liaisons until the summer. A motion by Schubert seconded by Bonazoli that the Board of Selectmen designate the following liaison assignments to Selectman John Arena for a term expiring 6-30-12: ♦ Economic Development Committee ♦ Conservation Commission ♦ Council on Aging/Mystic Valley Elder Services ♦ Finance Committee ♦ School Committee The motion was approved by a vote of 4-0-0. i Board of Selectmen Minutes—March 13, 2012 —page 5 Review 2011 Audit — Town Accountant Gail LaPointe and Eric Demas from Melanson and Heath were present. Eric Demas noted that the audit went very well. The records are well maintained. He noted that on page 13 and 14 under the "statement of net assets and statements", the net asset number is going down due to the OPEB liability. On page 17, under the "short term perspective," the general fund decreased $580,000; but the Town had a planned use for that money so it's not negative, it's very positive. Expenditures were also under spent. On page 40 there is a long term debt footnote indicating the Town is paying off 78% of outstanding debt in the next 10 years and that is very positive. He did not issue a Management Letter this year because there are no issues. Hearing=Approval of Discontinuance Plans — Pearl Street at Audubon.— The Secretary read the hearing notice. The Town Manager noted that Town Meeting approved the discontinuance last fall. Some people came in for the meeting but there were no objections. Town Engineer George Zambouras noted that no houses rely on this property for frontage. A portion has an old water main on it so the Town will retain an easement and maintain that portion. Richard Schubert asked about how the easement would be recorded and George Zambouras noted it will probably be on multiple deeds. John Arena asked if abutters on the other side were approached and George Zambouras indicated they were not because they have frontage on Old Pearl Street. A motion by Schubert seconded by Bonazoli to close the hearing on approval of the discontinuance plan for a portion of the Town way known as Old Pearl Street, was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the plan to discontinue a portion of the Town way known as Old Pearl Street substantially in the location_b_eginnina at the westerly side line of Audubon Road and running westerly and southerly for a distance of approximately two hundred and ninety one (291) feet to the northwesterly side line of Pearl Street as shown on a plan prepared by the Town Engineer, dated February 28, 2012, duly filed at the Office of the Town Clerk, was approved by a vote of 4-0-0. HearingApproval of Discontinuance Plans — Grant Street - The Secretary read the hearing notice. The Town Manager noted this is to discontinue two parts of Grant Street and Town Meeting approved this last November. George Zambouras noted that this is a very short street and the property will revert back to the original owners. The property owners will have a cleaner deed if we eliminate this. Board of Selectmen Minutes—March 13, 2012—page 6 A motion by Schubert seconded by Bonazoli to close the hearing on approval of the discontinuance plan for a portion of the Town way known as Grant Street was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the plan to discontinue a portion of the Town way known as Grant Street substantially in the location along the northerly side line of Grant Street beginning a distance of approximately three hundred and thirty (330) from the easterly side line of Summer Avenue, having an area of approximately four hundred (400) square feet identified as Parcel D-1; and along the southerly side line of Grant Street beginning a distance of approximately three hundred and thirty-one (331) from the easterly side line of Summer Avenue, having an area of approximately four hundred (400) square feet identified as Parcel D-2 and D-3; as shown on a plan prepared by the Town Engineer, dated February 28, 2012, duly filed with at the Office of the Town Clerk was approved by a vote of 4-0-0. Discussion with CAB Member re: Renewable Energy Certificates (REC's)—The RMLD Citizen Advisory Board member Tony Capobianco was present. He noted that the Advisory Board voted on January 5, 2012 to retire the REC's by a vote of 4-1. At a later meeting they voted 5-0 to reconsider due to all of the controversy surrounding retiring the REC's and all of the Advisory Board members are meeting with their respective communities. Mr. Capobianco noted that there were multiple meetings regarding selling versus retiring and he voted to retire. He noted that municipal departments are not mandated to invest in renewable energy. He feels it is a good idea to begin purchasing renewable energy but he noted that the Town already does a significant amount of recycling, water rebates, rain barrels, compost bins, retrofitting, and have energy efficient vehicles in the fleet which adds to the cause. He is interested in hearing the Selectmen's opinion and he can cooperate if the Selectmen feel selling is the best way to go. Mr. Capobianco noted that the REC's are an intangible asset. He suggests establishing a policy that set a cap and we can sell and add to the base charge. John Arena asked if enrolling in Green Choice would be a way to gauge interest in the community and Mr. Capobianco indicated it could be. Ben Tafoya noted that RMLB member Phil Pacino wrote a memo regarding the renewable energy certificates with a reasonable path to recapture some of the costs. Ben Tafoya asked how buying REC's is pollution savings and Tony Capobianco noted that the type of fuel being used needs to be determined. James Bonazoli noted that we should look to the power company for the best value and we shouldn't be policing the world. He noted that the utility companies say yes, they should buy RFC's and buy renewable energy. James Bonazoli noted it was his opinion that some RFC's should be sold. Richard Schubert noted that this is a complicated and difficult issue— like being asked to predict the future. He also noted that if towns are required in the future to buy RFC's they will be more expensive. Board of Selectmen Minutes—March 13, 2012 —page 7 The Town Manager noted that RFC's are created when they are purchased. The RMLD has invested in hydroelectric and wind power and they are sustainable. Marsie West noted that this should be an annual decision. She also noted that alternative energy credits can also be bought. She noted that $500,000 to $1 million per year is a lot of money. Mary Ellen O'Neill noted that REC's are accumulated monthly and the auditor has told them they have no financial value. There are no REC's being earned from the larger project in New Hampshire. Ron D'Addario noted that retiring is the best way to go. The Town Manager noted that the CAB is an advisory board. There should be a policy and a hybrid would be the proper approach. He also noted that a decision should not be made now for all of the future because the market changes annually. It was decided that the Board will meet periodically with the CAB member. Discussion with Reading Historical Commission Regarding Demo Delay Bylaw — The Town Manager noted that the Board of Selectmen asked the Historical Commission to look at the process for adding to the inventory and also an appeal process. Historical Commission Chairman Mark Cardono noted that they came up with a process. The process would include notifying the property owners by mail that they have been selected for consideration and include a copy of the inventory sheet. Mr. Cardono noted that the Commission is undecided on whether they should expect a response. They also need the reason for an exemption and all properties that are added will be voted on. An appeal process is not necessary because there is already a process in place. John Arena indicated he wanted to address two issues: the charge of the Commission was to develop a public process and he thought this would be done in a public process. Mr. Cardono indicated the Commission did what was asked. John Arena noted that when you are asking a resident to concur there must be an affirmative response. The Commission cannot concur on a negative or"non-response." Resident Elaine Webb, 309 Pearl Street, doesn't know if there was an opportunity for her input. She agrees with the written notification and feels there needs to be a response. She also feels that a homeowner should not have to explain why they do not want to be on the list. In regards to item 4b she sees no reason to drag out the process and feels the homeowner's rights and wishes should be honored. She also noted that the demolition process is quite lengthy. Mark Cardono noted that they can only delay a substantial demolition; they can't stop a homeowner from remodeling or painting. Board of Selectmen Minutes—March 13, 2012—page 8 Ben Tafoya noted that the inventory sheet needs additional plain language description. Mark Cardono noted it's pretty straight forward. Robert Sullivan noted that everything they are talking about tonight will be in the future. John Arena asked if this will deal with people who did not receive notification in the past because they feel trapped. Roberta Sullivan indicated this does not do that. Ben Tafoya asked if this was done in public meetings and Mark Cardono noted that the meetings were posted open meetings with this topic on the agenda. The Town Manager noted this is at a good point to do a broader outreach and solicit opinions. Karen Herrick, Precinct 8, noted there is a petition article on this issue and asked who can table the issue. The Town Manager indicated only the petitioner can table the article. Elaine Webb noted that since the notification of the hearing was to put the building on the inventory, did she miss the hearing to not have to be protected by the demo delay. Roberta Sullivan noted that a homeowner came to the hearing and gave reasons why the house should not be on the list and the demolition delay was removed. Elaine Webb noted that the process was not clear that there was an option. Ben Tafoya noted there needs to be a clearer transition from 3, 4 and 5. Review Option/Opportunity for Remote Participation — The Town Manager noted that the Open Meeting Law provides regulations that allows for remote participation. If the Board approves it, then rules and regulations need to be developed. This would include the School Committee, Library Board of Trustees, Board of Assessors and Light Board. Votes would need to be a roll call vote and there must be a quorum of the committee physically present. The member would have.to notify the chairman as soon as possible and the chairman needs to announce the reason at the meeting and it must be recorded in the minutes. Richard Schubert indicated he would not want to impose any additional cost for technology. He noted that remote participation loses the personal touch. John Arena noted that you also cannot read a person's body language over the phone. Marsie West noted that she has participated in many teleconferences and it is important to check in with the person on the phone to see if they have something to say. Ben Tafoya indicated it's a nice idea but is skeptical unless someone wants to give us the money to do it right. He noted if it's a Board, Committee or Commission who meets quarterly then it is no big deal. Richard Schubert asked if there was a need for this in Reading and the Town Manager noted that he didn't see any need in Reading—he believes in physical presence at a meeting. Board of Selectmen Minutes—March 13, 2012—page 9 AQnroval of the Use of Porta.-Johns at Birch Meadow — Recreation Administrator John Feudo noted there is a need for some kind of bathroom facility at Birch Meadow. There is a small patch of grass that is the right size and location for two Porta-Johns and one of them will be handicap accessible. They will take up about 10 square feet and a fence will be installed around them so they can't be tipped. John Arena asked about the cost and John Feudo indicated around$2830. The Town Manager noted there is no impact on the surrounding residence. James Bonazoli noted there is a long-term need for a concession stand with toilets or Porta-Johns at this area. Richard Schubert asked if the company cleans the area and John Feudo noted that they come out one time a week to clean the interior and stock. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve the installation of portable toilet facilities in the Birch Meadow complex in the location and manner as presented to the Board of Selectmen on 3-13-12 and subiect to approval by the Superintendent of Schools was approved by a vote of 4-0-0. Approval of Minutes A motion by Bonazoli seconded by Schubert to approve the minutes of January 31, 2012 was approved by a vote of 3-0-1 with Arena abstaining. A motion by Bonazoli seconded by Schubert to approve the minutes of February 14, 2012 was approved by a vote of 3-0-1 with Arena abstaining. A motion by Schubert seconded by Bonazoli to approve the Executive Session minutes of January 31, 2012 as written was approved on a roll call vote with Tafova, Schubert, and Bonazoli voting in the affirmative and Arena abstaining. A motion by Bonazoli seconded by Schubert to adiourn the meeting at 10:37 p.m. was approved by a vote of 4-0-0. Respectfully submitte , "1N Secretary