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HomeMy WebLinkAbout2017-02-21 Board of Selectmen Minutes F k Town of Reading Meeting Minutes � F�ECEIVED T04fi C!_�i � oR READING. M,', . 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. Page 1 1 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. Page 1 2 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. Page 1 3 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. Page 1 4 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 Page 1 5 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, c Page 1 6