HomeMy WebLinkAbout2022-04-08 RMLD Board of Commissioners MinutesI,LCtIVcD
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Meeting Minutes FSA•
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Board -Committee - Commission - Council:
RMLD Board of Commissioners
Date: 2022-04-08 Time: 1:30 PM
Building: Location:
Address: Session: Open Session
Purpose: Version: Final
Attendees: Member - Present:
Marlena Bita, Chair; Philip Pacino, Vice Chair; John Stempeck,
Commissioner; David Talbot, Commissioner; Robert Coulter, Commissioner.
Members - Not Present:
Others Present:
RMLD Staff: Coleen O'Brien, General Manager; Erica Morse, Executive
Assistant.
Minutes Respectfully Submitted By: Philip Pacino, Secretary Pro Tem
Topics of Discussion:
1. Call Meeting to Order
Chair Coulter called the meeting to order at 1:30 PM and announced that the
meeting would be held on Zoom and streamed live on RCN and YouTube.
Opening Remarks and Introductions
Chair Coulter read the RMLD Board of Commissloner's code of conduct and asked all
remote attendees to identify themselves.
Vice Chair Pacino served as Secretary at the meeting.
2. Determination of Uniaueness for Procerty
Coleen O'Brien, General Manager, reported on the Determination of Uniqueness.
Due to the uniqueness of the property, RMLD did not go out looking for land.
According to the law, the Determination of Uniqueness must be signed and
advertised for 30 days.
The General Manager noted the Importance of timing in the land purchase process.
The LOI has been signed; RMLD is waiting on the draft purchase and sale agreement.
Once received, the Department has ten days to negotiate the purchase and sale,
then 90 days to complete the due diligence. The 30 days for advertising must be
completed prior to signing the purchase and sale.
The General Manager spoke with the Town Manager and attorney, who noted that
the RMLD may not have to go to Town Hall to approve the land purchase. The
General Manager noted that Chris Pollart, KP Law, advised that In the Charter there
is no exemption for RMLD; other MLPs may have exemptions.
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One benefit of bringing the purchase to Town Meeting Is that if RMLD were to
dissolve, the property would become town land. In that situation, bringing this to
Town Meeting would be an important step to have record of.
The General Manager would not be asking the town for approval to use the $4 M to
purchase the land. However, a memo will be sent to the Town, outlining the .
justifications for the land purchase, in preparation for the Special Town Meeting in
May.
Chair Coulter stated that there is a risk going to Special Town Meeting because of the
chance that there will be no quorum.
Chair Coulter asked about the legal opinion which recommends going to Town
Meeting regarding a land purchase. Commissioners Coulter, Stempeck, and Talbot
agreed that going to Town Meeting for approval may not be necessary and requested
to look further into the requirements. It was suggested that RMLD inform the town
rather than request approval.
It was decided that the General Manager would get a second legal opinion from Nick
Scobbo on the matter.
Commissioner Talbot asked for a recap of the history of RMLD's efforts to secure the
land and what the budgetary impacts have been over the years, comparatively. The
General Manager agreed to this request and noted that when the search for land
began, the cost was $100 K per acre; now, the cost is $114 per acre based on market
value.
Chair Coulter asked a question about the substation; The General Manager presented
Attachment 2 and responded that the substation has 6 feeders. Commissioner
Coulter stated that the piece of land is of adequate size.
Vice Chair Pacino made a motion, seconded by Commissioner Stempeck, move that
the RMLD Board of Commissioners approve the Determination of Uniqueness of
property and waive the publication requirements of M.G.L. Chapter 30B § 16, with
respect to the acquisition of land located at 326 BALLARDVALE STREET,
WILMINGTON, MA 01887.
Motion Carried: 5:0:0 (5 in favor; 0 opposed)
Roll Call: Chair Coulter, Aye; Vice Chair Pacino, Aye; Commissioner Stempeck, Aye;
Commissioner Talbot, Aye; Commissioner Bits, Aye.
3. Adiournment
Vice Chair Pacino made a motion, seconded by Commissioner Stempeck, move that
the RMLD Board of Commissioners adjourn Regular Session.
Motion Carried: 5:0:0 (5 in favor; 0 opposed)
Roll Call: Chair Coulter, Aye; Vice Chair Pacino, Aye; Commissioner Stempeck, Aye;
Commissioner Talbot, Aye; Commissioner Bits, Aye.
Documents Used
2022-04-08 RMLD Board of Commissioners Regular Session Packet
Board Packet Attachment 1 "Determination of Uniqueness" (Item 2)
Documents Presented During the Meeting
PDF, Attachment 2 "326 Ballardvale street, Wilmington, MA Map" (Item 2)
A true copy of the RMLD Board of Commissioners minutes as
approved b ab a majority of the Commission.
Philip B. Pacino, Secretary Pro Tem RMLD Board of Commissioners
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