Loading...
HomeMy WebLinkAbout2014-06-10 Board of Selectmen Minutes OF[`\ Town of Reading ?` U Meeting Minutes r 9'lN�OR1,0 Board - Committee - Commission - Council: Board of Selectmen Date: 2014-06-10 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel Ensminger, Selectman Kevin Sexton Members - Not Present: Selectman John Halsey Others Present: Town Manager Bob LeLacheur, Office Manager Paula Schena, Nancy Dockser, Tim Kelley, Lyn Whyte, Kevin Mulvey, Karen Flammia, Madeline Hodgdon Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: �.a Reports and Comments Selectmen's Liaison Reports and Comments-- Daniel Ensminger noted that he and Kevin Sexton conducted Volunteer Appointment Subcommittee interviews of new applicants and the incumbents for the Historical Commission. The appointment to the North Suburban Planning Council is on tonight's agenda so the applicant can attend the meeting tomorrow. Daniel Ensminger noted that there is material in tonight's packet regarding the Oakland Road site. The School Department is continuing with geotech at the Oakland Road site but Town Meeting transferred this land to the Board of Selectmen for economic development. A motion by Ensminger seconded by West that the Board of Selectmen direct the Town Manager and Selectman Chairman to write a letter to the School Committee and Superintendent of Schools clarifying the status of this land and the Selectmen's desire that the intentions of Town Meeting be respected by removing this parcel from the list of candidate areas for any school facility or parking area was approved by a vote of 4-0-0. Marsie West indicated we need to make it clear to the School Committee that the property belongs to the Board of Selectmen and the disposition of this property is the Selectmen's decision. Marsie West noted that she met with the Library Building Committee. She attended a meeting of the Audit Committee and it was a good audit. She attended a gubernatorial forum on transportation and smart growth. She attended a joint meeting of the Zoning Advisory Committee, CPDC and the Zoning Board of Appeals. She also noted that CPDC voted to advise the Board of Selectmen to adopt the Complete Streets Plan and use it as a basis. Page 1 1 Board of Selectmen Minutes - June 10 2014 - page 2 Marsie West noted that there is a letter in the packet from the Pepperell Town Administrator regarding participating in a municipal coalition regarding the Tennessee Gas Pipeline proposal. She noted this should be brought to the attention of the RMLD. The Town Manager noted that North Reading is discussing new gas lines and the latest update he received from the Tennessee Gas Line is that it will be going through southern North Reading and may even include Reading. He will bring Coleen O'Brien in to discuss this with the Board. John Arena noted that he and Daniel Ensminger attended the June 2"d School Committee meeting when they created a School Space Needs Committee. He asked them if they did a gap analysis and they indicated they concluded they didn't communicate well enough so they added two Selectmen to the committee. Marsie West noted that she would like them to identify each big issue and what the priority is for each. Town Manager's Report - The Town Manager noted that the Library Building Committee is meeting tomorrow. There were a lot of concerns at the CPDC meeting regarding public safety and the egress. He had a good meeting today and the entrance will remain the same with the second egress going around the building and using the same egress. We even picked up 6 - 7 parking spaces and there is almost no additional cost. The Town Manager noted that the Treasurer sold BANS for West Street and the Board needs to approve it. He also noted that the Town's rating was upgraded to AAA. A motion by Ensminger seconded by West that all action taken by the Town Treasurer in advertising for public sale of the $1,000,000 Bond Anticipation Notes, (the "Note") of the Town authorized pursuant to Chapter 44, Section 7 of the Mass General Laws as amended and supplemented, and by votes of the Town duly adopted be and hereby is ratified, approved and adopted; That the Note shall be dated as of June 19 2014, shall mature on September 26, 2014, shall bear interest due'at maturity, and shall not be subiect to redemption prior to its stated maturity; That the Note shall bear interest and is hereby sold and awarded as follows: Purchaser Amount Rate Premium Century Bank $1,000,000 0.40% $0.00 That the Town Treasurer is authorized to deliver the Note to purchaser and that the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are authorized to take action to execute and deliver all documents related to the Sale. The motion was approved by a vote of 4-0-0. Proclamations/Certificates of Appreciation Certificate of Recognition - Josephine Milano - John Arena noted that this certificate is in recognition of Josephine Milano's 100th birthday. A motion by Ensminger seconded by West to approve the certificate of recognition for Josephine Milano was approved by a vote of 4-0-0. Personnel and Appointments North Suburban Planning Council - A motion by Ensminger seconded by West that the Board of Selectmen confirm the recommendation of the Volunteer Appointment Subcommittee and appoint Alyssa Scaparotti to a position on the North Suburban Planning Council with a term expiring June 30, 2016 was approved by a vote of 4- 0-0. Page 1 2 Board of Selectmen Minutes - June 10 2014 - page 3 Discussion/Action Items Town Accountant Report - Town Accountant Sharon Angstrom noted that the PCard started a couple of years ago with the School Department and there were never any problems. Right before she left for maternity leave, the Library contacted her to use the PCard. She did not have a chance to review the procedures with Ruth Urell. Ruth Urell used it for something not approved which was travel. She returned the card to the Town Accountant and she was very apologetic. She wants to know if she should reissue the card back to the Library. Marsie West asked if she has reviewed the procedures with Ruth Urell yet and Sharon Angstrom indicated no because she doesn't have the card. Marsie West noted that if they didn't need the card until now maybe they don't need it anyway. The Town Manager noted this was an error and the card should be reissued so the Library can take advantage of good prices. John Arena noted that in reading the policy he came to the conclusion that the procurement card and PCard are the same - that should be clarified in the policy. He also noted that there were two issues of compliance, the use and the recording of the invoice. Sharon Angstrom noted that she feels somewhat responsible because she didn't review the procedure with her. It was an innocent mistake. The card could have been used to pay for the conference that she went to, but not the travel expenses. Marsie West noted that the auditors are aware of the situation. The Town Manager noted that the Library Trustees are also aware of the situation. John Arena indicated it was the consensus of the Board of Selectmen to reissue the card to the Library. Sharon Angstrom continued on with her quarterly report. She noted that the ambulance bills are a little behind and she is expecting Medicare payments in the amount of $100,000 by the end of June. The lag time in payment was a transitional piece of changing to a third party biller. Sharon Angstrom noted that the Audit Committee discussed next year's audit and determined it will probably be on the schools. On another note, she received her Certified Accountant License and will be required to attend the conference every three years. Approve Regional Health Agreement (1 yearl - A motion by Ensminger seconded by West that the Board of Selectmen approve the Inter-Municipal Agreement between the City of Melrose and the Town of Reading for Shared Public Health Services for a term expiring June 30, 2015 was approved by a vote of 4-0-0. Library Building Committee - A motion by Ensminger seconded by West that the Board of Selectmen approve the revised ad hoc Library Building Committee, including a change from Facilities Director to the Assistant DPW Director, and a reduction from two to one members appointed by the Library Director and an increase from none to one member appointed by the Town Manager, as requested by the Board of Library Trustees was approved by a vote of 4-0-0. Joint Meeting with Reading Housing Authority Re: Request for Expenditure from the Affordable Housing Trust Fund - Housing Authority Executive Director Lyn Whyte and Housing Authority ' members Tim Kelley, Kevin Mulvey, Karen Flammia and Madeline Hodgdon were present. Page 1 3 Board of Selectmen Minutes - June 10 2014 - Dage 4 Lyn Whyte noted that their initial intent is to buy down Gazebo Circle units. An email from Attorney Brad Latham indicates that the Town needs to do a LIP application to proceed. The Town would make the application and send to DHCD. They had a buyer but if it has to go into a lottery, they probably won't get selected. She noted that there are 10 affordable units at Gazebo Circle and if the Board gets a LIP in place then the units can be added to the plan. The Town Manager suggested they bring the LIP request to the Board in July. Town Counsel Interviews - Miyares and Harrington - Ray Miyares introduced the firm as having an exclusive municipal law focus. He added that all lawyers in the firm by policy serve on a local volunteer Board in their home community. Tom Harrington added that as his town was just about to hire their firm this would be a possible conflict so that might change. Ray Miyares said that two questions the Board should ask themselves during the selection process included 'can you find Town Counsel' and will they return timely answers'. He listed clients Hopkinton and Stockbridge and added that Reading would therefore be his third community as lead counsel - he would be easy to find. In addition Reading would be able to use other lawyers in the firm, and that Tom Harrington and Chris Heep would serve as his backups. He stated that the firm had no conflicts of interest that would be a concern for Reading, and that they would not accept any neighboring communities as clients. John Arena asked about Wellesley, Carlyle and Littleton, and Tom Harrington replied that he serves as their backup, with a background in school construction. John Arena asked about the transition process from our current Town Counsel, and Ray Miyares replied that he knew Judy Pickett well, and that in combination with some fresh eyes should make the transition smooth over a couple of months. Tom Harrington mentioned that they were taking on Wellesley as a client as their Town Counsel retired after 37 years, and were working with staff and the volunteer Boards. He described this transition as a learning curve eased into �.._ over a few months, whereas their assignment in Hopkinton was very fast due to some land use and zoning issues. Mr. Sexton asked if they reviewed past legal decisions, and Ray Miyares replied that it was more of a catch-as-you-can approach usually. He said some of the material needs to be a systematic approach, for example zoning needs to be easy to use and understand, and zoning continuity is helpful. He stated that the Town Charter should be viewed as a document available to be redone as needed. John Arena asked if they had any specific questions about Reading, and Ray Miyares listed many topics currently in front of the town, and said he specifically would be every excited to participate in the Zoning Bylaw overhaul. Mr. Ensminger asked about the litigation experience at the firm, and Mr. Harrington replied that they were about evenly split between land court and superior court. Mr. Arena thanked Miyares and Harrington for their comprehensive presentation and responses to the Board's questions. Deutsche Williams - Paul DeRensis introduced the firm stating that they had common sense yet uncommon skills, and would keep the town out of trouble. He said that he would be lead counsel and introduced Kim Saillant and Rich Huxson who both would be backups as needed. Paul DeRensis explained his background as Town Counsel for over 30 years, and lead in Cohasset, Canton, Wilmington, Mansfield and Templeton. He also has been appointed by the Governor to a medical oversight board, and voted a Super Lawyer for several years. He is serving his 7th term as a Selectmen and has also been on a planning board and a finance committee in the past. Page 1 4 Board of Selectmen Minutes - June 10 2014 - page 5 Kim Saillant stated that she has been a trial lawyer for 27 years and served as special counsel in about 50 communities. She said she is known as the Summary Judgment Queen. She joined the firm 17 years ago and enjoys the medium size as a perfect fit. She handed out examples of newsletters and gave an example of a dispute over the lowest qualified bidder. She mentioned that litigation is not always the best route and alternative dispute resolution is helpful. Rich Huxson said he has been in land use and municipal law for about 25 years. He has served on a local Conservation Committee, and also heard property tax appeals. Paul deRensis said that Reading would be an important client for the firm, and not simply gone of a hundred'. He said he believes in a proactive approach. John Arena asked about the transition process for the initial 3 to 6 months. Paul DeRensis said they would review the Bylaws and Zoning, as well as visit with volunteer Boards. He said they would evaluate the town as a baseline and then compare it versus the state of the art community benchmarks. Kim Saillant noted that Reading enjoyed very low litigation. Kevin Sexton asked about Paul DeRensis' availability, given his role as a Selectman and as lead Counsel for five other communities, to a reply that he can't remember missing a meeting due to a conflict. John Arena asked if there were other questions from the Board and there were none. The Town Manager described the selection timeline, and Paul DeRensis expressed his interest in being a team member to help the Board. Kim Saillant noted that Rich has done Zoning rewrites. Mr. Arena thanked the firm for their presentation. Kopelman and Paige - Lauren Goldberg gave a quick overview of the firm as a municipal finance specialist. She introduced herself as the lead counsel of a small team that would serve the town, as well as Mark Reich and Darren Klein. Mark specializes in procurement and environmental law, and Darren covers school and labor law. Lauren Goldberg described the firm as having many resources with 40 lawyers available to help out as needed. The firm responds quickly, and do not generally have hectic schedules and are often found in the office. She emphasized that good communication helps them prioritize, and she deals with Town Managers and Town Department Heads daily. She noted the firm does training and issues legislative updates frequently. She described her background as from the Secretary of State's Office working in the Elections division, and as such has a good working relationship with the Attorney General's office. She knows how state government works, and has been at her firm for 14 years. Mark Reich described his background as an Assistant City Solicitor in the City of Everett, where he had enforcement and drafting of legislative issues. When the Mayor's office changed he joined his current firm. Darren Klein said that he worked for a public sector union from 1995 to 1997 and has since spent 18 years at his current firm. His specialty is labor relations, where he described the need to work together and that relationships are the key. His recent experience includes Burlington and Swampscott where he represents both school and the town sides. John Arena asked about the integration into Reading process. Lauren Goldberg described free of charge initial startup meetings where they would learn what has worked well and not as well in the past. She wants to make sure we spend our legal budget on issues that really matter. Mark Reich said they could jump in very quickly if there are current litigation issues. Darren Klein mentioned the need to sit down and discuss how things work within the structure of Reading's government as no two communities are alike. Lauren Goldberg mentioned experiences in Burlington, Chelmsford and Dedham and thought Reading would be a similar community. Mark Reich said they needed to balance the needs of residential Page 1 5 Board of Selectmen Minutes - June 10 2014 - page 6 and commercial, and noted the revenue differences from Dedham and Burlington due to malls. Marsie West asked about their experience with Zoning Bylaw, and how they would plug in to the current re-write process. Lauren Goldberg said a fourth member of the firm would need to pick that up. Marsie West asked how many communities she served as lead Counsel, and she replied approximately seven although she couldn't name them off the top of her head. She noted that the firm is rarely not available when there are time conflicts because of the many resources at the firm. Mr. Arena thanked them for their presentation. The Town Manager asked Board members to send him any outstanding questions to be answered by the candidate firms before their next meeting, when a selection would be made. Approval of Minutes A motion by Ensminger seconded by West that the Board of Selectmen approve the minutes of May 10, 2014 as amended was approved by a vote of 4-0-0. A motion by Ensminger seconded by West that the Board of Selectmen approve the minutes of May 27, 2014 as amended was approved by a vote of 4-0-0. A motion by Ensminger seconded by West that the Board of Selectmen approve the Executive Session minutes of May 27, 2014 as written was approved on a roll call vote with all four members voting in the affirmative. A motion by West seconded by Arena that the Board of Selectmen adjourn the meeting at 10:20 p.m. was approved by a vote of 4-0-0. Respectfully submitted, Secretary Page 16