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Board - Committee - Commission - Council:
Board of Selectmen 1011 APR 2 Ll P 1: 4
Date: 2017-02-21 Time: 7:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street Session: Open Session
Purpose: General Business Version:
Attendees: Members - Present:
Chairman John Halsey, Vice Chairman Kevin Sexton, Secretary Barry
Berman, John Arena and Daniel Ensminger
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Executive Assistant Paula Schena, Andrew
Corona, Jessie Wilson, Bill Brown,Jessie Wyman, Andy Friedmann, Erin
Gallen, Eric Burkhart, Michael Weaver, Carolyn Whiting and Linda Snow
Dockser
Minutes Respectfully Submitted By: Secretary Barry Berman
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments - Kevin Sexton noted that he attended the ZBA
meeting last week regarding the moratorium on marijuana and Business B District Zoning.
John Halsey noted that the Town Manager did an exemplary job assisting the schools with
their budget. A motion by Arena seconded by Ensminger to approve the cogent
path forward was approved by a vote of 5-0-0. The Town Manager noted that he
agrees but the path is only good for one year.
Public Comment - Bill Brown, 28 Martin Road noted that Proposition 2 1/2 that passed in
1980 was an initiative petition.
Andrew Friedmann, 27 Hillcrest Road, noted he is a member of the Board of Health and
spoke on the tobacco regulations. He handed out samples of tobacco products and noted
that a retailer in Town sold to minors during a compliance check. He reviewed the
regulations for grandfathering a successor and noted that if someone is purchasing a
business with an existing license then they must apply within 60 days to keep the license.
The Town Manager noted that he spoke with the Chairman of the Board of Health today and
there was a misunderstanding with the previous health agent.
John Arena noted that there is a parallel threat with cigarettes and marijuana. He asked if
the Board of Health talked at all regarding underage sale of marijuana. Andy Friedmann
noted that the Board of Health did not discuss that because there is nothing to regulate
right now. He noted that he would welcome an opportunity to discuss that because tobacco
is the biggest threat right now.
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Board of Selectmen Minutes-February 21 2017-page 2
John Halsey noted that the report that was given to him was that everyone was on the
same page and he was told that the person had no violations.
Personnel and Appointments
Appoint Member of the Retirement Board - John Halsey noted that the Board needs to
appoint a member due to the resignation of Nancy Heffernan.
A motion by Berman seconded by Ensminger that the Board of Selectmen appoint Carol
Roberts as the Board of Selectmen member on. the Reading Contributory Retirement
Board with a term expiring December 31, 2017 was approved by a vote of 5-0-0.
Discussion/Action Items
Proposed Resolution - The Town Manager noted that he attempted to clarify the Selectmen's
Policy but the Town has no right to limit free speech even 'if it is hateful. Free speech is
protected by the First Amendment. The Town Manager noted that what you can do as a person
and what you can do as an employee is not the same. The Human Relations Advisory
Committee should not have endorsed the resolution.
Gina McCormick spoke for the five drafters of the resolution. She noted that they got together in
January to take a proactive stance with the Human Relations Advisory Committee, Clergy, State
representatives, etc. They believe the resolution solidifies commitment and diversity. They ask
the Board of Selectmen to approve the resolution as is. The Town Manager noted that Town
Counsel has not seen the whole proclamation but the part he did see, he said, we cannot do.
Demetra Tseckares noted that a policy and a resolution are two different things. John Arena
asked who wrote the proclamation and Ms. Tseckares noted that they did. John Arena noted that
if the Board of Selectmen approved this it becomes the opinion of the Town. Proclamations take
noted of accomplishments not a proclamation of their opinions. He doesn't remember ever
underlining a policy they already have.
Barry Berman noted that the resolution says we will condemn it not prohibit it.
Daniel Ensminger asked for an example of acts of indifference. Ms. Tseckares noted that kids
come to our schools from outside our community. John Arena asked what is the conscious act of
indifference? Ms. Tseckares responded if someone wrote nigger or swastikas. She noted that
the resolution is to lead as an aspirational document.
Kevin Sexton noted that the issue is the word "word" and if that was eliminated that might be
okay. Ms. Tseckares noted that words and acts are often the same thing. She is unhappy that
Town Counsel has not taken this seriously enough. The Town.Manager noted he received a
revised email while he was out on family medical leave and he wasn't sure of what he was
receiving. He also noted that he would look at revising the policy.
John Halsey noted that the Board is not being adversary they are embracing and adding it to their
policy. They have to follow the advice of Town Counsel. Town Counsel is busy working on
priority items for tonight.
A resident noted that this is timely because there are acts of hate going on now. John Arena
asked what will change if this was approved tonight and Ms. Tseckares replied she would be
proud for Reading to pass this.
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Board of Selectmen Minutes—February 21, 2017—pie 3
Barry Berman thanked the proponents for bringing this forth. He noted that he intends to support
the resolution and the change in policy.
Matt Wilson noted that people are feeling vulnerable and this reaffirms the values of the
community. He feels it is embarrassing the Board is not supporting it.
Ms. Tseckares noted that she wants to sit down with Town Counsel and review the wording.
The Town Manager asked for one or two Selectmen to work through this and Barry Berman and
John Arena agreed to work with them.
Economic Development Project — Site Visit Updates and Qualitative Aspects — Jessie Wilson
noted that data collection is ongoing. She has received 18 responses and 15 interviews. The
results of the surveys are as follows:
Question 1 asks for the top three issues which drive the community development goals and
objectives. Responses were: 27% choose promoting economic development and expanding the
tax base followed by balanced growth, balanced housing and reducing vacancies.
Question 2 asks who develops the goals and how often does their community openly discuss
these goals. Responses were: 50% collaboration of boards followed by Board of Selectmen, the
planning process and economic development committee.
Question 3 asks how communities track the success of projects. Responses were: most
communities don't track success, but some track through revenues and also various meetings and
discussions. Barry Berman noted that we need to measure success and Jessie Wilson noted that
we need to establish standards to measure by.
Question 4 asks if the communities have an Economic Development Committee. Responses
were: 50% of the communities have an EDC and 8 of the 9 communities give staff support.
Question 5 asks if the town's government gets involved with other community development
groups such as the Chamber of Commerce. Responses were: 93% said yes and they interact with
the high level staff such as the Town Manager or Town Planner.
Question 6 asks towns how they attract and retain businesses and how they interact. Responses
were: overlay districts, tax incentives and passive business recruitment. They interact with
property owners' onsite or at meetings. John Halsey noted that how often they interact is
missing. Jessie Wilson noted that some communities go out once a year and others only if
something is going on with the property. She likes the idea of once per year.
Question 7 asks if they maintain an inventory of what land is available for commercial
development. The response was that 55% don't maintain a land inventory.
Question 8 asked when it comes to project permitting, how they have streamlined the process for
applicants. Responses were: 43% have a pre-application conference followed by increased
communication and a permitting guide. Barry Berman noted that the biggest complaint is that
people don't know what the rules are. The Town Manager noted that mainly pertains to
residents or a business person who has never done a development. The contractors know the
rules.
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Board of Selectmen Minutes—February 21 2017—pa-ze 4
Question 9 asks what the biggest challenge their community faces with economic development.
Responses were: 27%permitting/zoning and 22% lack of land.
John Halsey asked how many communities have done this type of survey and Jessie Wilson
indicated none.
Jessie Wilson reviewed "What we Heard." She noted that base zoning doesn't cut it. We need
to embrace overlay plans. Most communities have mixed feelings about their Chamber of
Commerce. Barry Berman noted that the Chamber of Commerce represents businesses that are
already there, not economic development.
Jessie Wilson noted that most communities don't do markingibusiness recruitment because
staffing levels are a challenge. One community said there was no sense in marketing when they
have nothing to market. Most communities spoke highly of the regional approach and
mentioned the M3 Coalition along the Route 3 corridor.
Jessie Wilson noted that many communities hold a couple of community events a year usually
through the Recreation Department. Beautification is mostly done through volunteer groups
with the help of DPW. Most communities (11 of the 15)have offered tax incentives and they say
it didn't make much of a difference. Challenges for communities are lack of water/sewer,
staffing, zoning and permitting.
Jessie Wilson then reviewed websites and noted that Bedford has a wide variety. She noted that
the top attractors to a community are location, region, the train, low electric rates and amenities.
John Arena noted that Jessie needs to have the top five take aways in her final report.
Bill Brown suggested she give a report to Town Meeting in November.
Andrew Corona noted that economic development is real estate development. He noted that job
creation is regional and unemployment in Reading is low. There is no real need for jobs in the
metro Boston area. He noted the target is to strengthen existing businesses, attract new
businesses, expand the residential base to support the economy and assist the Town financially.
Mixed growth such as the Post Office can be a success and there could be a large development
project on Walkers Brook Drive.
Andrew Corona noted, that regarding perception, Reading needs to differentiate from the
competitors. Companies may avoid Reading due to availability of real estate. He recommends
tracking growth, the number of projects, affordable housing, permits issued, vacancy/lease rates,
asset development and measure incentives.
Close Annual Town Meeting Warrant — Town Counsel Ray Miyares was present. The Town
Manager noted that Article 1 is the Election and there is one ballot question which is the outright
ban on marijuana retail (except medical).
Town Counsel noted that if the Town wants to prohibit that has to be done by a vote of the
voters. If Question 1 is rejected then the Bylaw is not authorized. If Question 1 is approved and
the Bylaw is created then the Attorney General says they will approve.
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Board of Selectmen Minutes—February 21, 2017—page 5
John Arena asked what is sufficient condition and Town Counsel noted a Special Act. Article 22
is a Special Act. John Arena asked what if it fails and Town Counsel noted we can do a
moratorium.
Barry Berman noted that the Board of Selectmen would have to educate the public in 40 days.
He asked why we would go to the voters first. He feels we cannot ask the voters to vote without
education.
Daniel Ensminger asked if the Selectmen can take a CPDC article off of the Warrant and Town
Counsel responded yes.
John Halsey asked if the Special Act is designed to support Question 1 and Town Counsel
responded yes. John Halsey noted that action is better than delay.
John Arena noted that anything being done can be undone. The two alternatives bring us to the
same end which is to hit pause.
Barry Berman asked if we could just take it to Town Meeting and not the voters. John Halsey
noted that it is their job to honor the wishes of the voters. It's a pretty easy question—yes or no
—no education is needed.
Kevin Sexton asked if we can make it clear by adding wording from Article 20. Town Counsel
noted that the conundrum is what is a cultivator.
Barry Berman asked what is the urgency of going to the voters in six weeks. He wants to discuss
at Town Meeting first and then go to the voters later. John Halsey noted we need to do what the
voters want us to do.
The Town Manager noted that if it doesn't go to the voters then we will need a Special Election.
Daniel Ensminger noted he supports leaving it as is and put it to the voters and then proceed to
Article 20.
Barry Berman noted he wants to reverse the process.
John Arena noted that Question 4 is fresh in people's minds.
Barry Berman noted that there is an obligation to educate the public.
John Arena asked Barry Berman if he is in favor of a ban and Barry Berman noted he doesn't
want to see it in Reading.
Kevin Sexton noted that Question 1 is following the sense of the voters who voted no on
Question 4.
The Town Manager noted that Articles 2, 3, 4 and 5 are typical. Article 6 is to pay prior year
bill. Article 7 is surplus materials; Article 8 OPEB Trust; Article 9 is Oakland Road care and
control of Board of Selectmen. Article 10 is a place holder for funds for the Library. Article 11
is sewer repair; Article 12 is a Retirement Board article. Article 13 will abolish the sick leave
buy back line item and be pay as you go. Article 14 is a housing article; Article 15 is revolving
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Board of Selectmen Minutes—February 21 2017—page 5
funds; Article 16 is budget; Article 17 is Chapter 90; Article 18 is Permanent Building
Committee General Bylaw. Article 19 is regarding accessory apartments; Article 20 prohibits
marijuana establishments; Article 21 is a temporary moratorium on marijuana establishments;
Article 22 is the Special Act; Article 23 is the Downtown Smart Growth percentage change;
Article 24 is the DSGD map and Article 25 is to remove Town Meeting members.
A motion by Berman seconded by Ensminger that the Board of Selectmen close the
Warrant consisting of 25 Articles for the 2017 Annual Town Meeting to take place on April
4, 2017 and thereafter to continue to April 27, 2017 at the Reading Memorial High School,
62 Oakland Road at 7:30 p.m was approved by a vote of 5-0-0.
Approval of Minutes
A motion by Berman seconded by Arena that the Board of Selectmen approve the minutes
of January 9, 2017 was approved by a vote of 3-0-2 with Berman and Ensminger
abstaining.
A motion by Berman seconded by Ensminger that the Board of Selectmen adiourn the
meeting at 11:44 p.m. was approved by a vote of 5-0-0.
Respe lly submitted,
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