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HomeMy WebLinkAbout2004-05-04 Board of Selectmen Minutes Board of Selectmen Meeting j May 4,2004 The meeting convened at 7:45 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Richard Schubert, Secretary Gail Wood,Selectmen Camille Anthony and Joseph Duffy,Police Chief Robert Silva, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Jim Francis, Roger Lessard, Vinnie Cameron, Andrew Herlihy, Phil Pacino, Daniel Ensminger,Robert Soli,Richard Coco,Ellen Kearns. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Gail Wood indicated that the Solid Waste Advisory Committee is revising the Rules and Regulations for rubbish. The Water, Sewer and Storm Water Management Advisory Committee is looking at how to pay for storm water management. The D.E.P. sent a letter to the Water Department regarding outstanding performance. Selectman Camille Anthony noted that she attended the Adopt-An-Island Reception at the Senior Center this evening. Vice Chairman Richard Schubert suggested that the Board move quickly to develop the regulations for the new gasoline bylaw. Chairman George Hines indicated that this needed to go to the Attorney General for his approval. The Board directed the Town Manager to draft an outline and put it on the Selectmen's Agenda for discussion. Chairman George Hines noted that a Memorial Park neighbor tried to regulate uses of Memorial Park on his own, and he feels that permit holders should call the Police to intervene. Selectman Camille Anthony indicated that she would rather deal with the individual first before calling the Police and noted that she will follow up with the individual. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: The Town Manager noted that the Adopt-An-Island"Kick off"Program was this evening and 95 islands have been adopted. o He commended the Fire Department for putting up the flags, and noted that people can donate money for flags. ® Friends and Family Day is May 22, 2004 and the Selectmen will have a table. ♦ CPDC is having a sign walk on Saturday. Proclamations/Certificates of Appreciation Proclamation — National Police Memorial Week — Police Chief Robert Silva was present to accept the Proclamation. Board of Selectmen Meeting—May 4, 2004—Page 2 On motion by Wood seconded by Schubert, the Board of Selectmen voted to proclaim May 9—May 15,2004 as National Police Memorial Week by a vote of 5-0-0. Personnel and Appointments Reading Municipal Lip—ht Bo —Light Board Members Phil Pacino, Daniel Ensminger, Robert Soli and Andrew Herlihy were present. Also present were RMLD General Manager Vinnie Cameron, Citizen Advisory Board Member Roger Lessard and Light Board applicants, Richard Coco, Jim Francis and Ellen Kearns. Chairman George Hines noted that this is a joint meeting to replace Bill Hughes, and that State Law provides for the Selectmen and Light Board to meet jointly to make the appointment. Phil Pacino called the Light Board meeting to order at 8:08 p.m. He noted that the position is open due to the untimely death of Bill Hughes. Applicants Richard Coco, Jim Francis and Ellen Kearns briefly introduced themselves. Light Board Chairman Phil Pacino asked the following question: 1. What personal characteristic do you bring to the Light Board that is unique, and how would this benefit the committee,the Town of Reading and the rate payers? Dick Coco indicated his previous experience with Town Government because he dealt with all Town functions. He also has technical background as an'Engineer, and has experience managing a budget, signing warrants, etc. He has also read the Attorney General's report. Jim Francis indicated he has experience in Town Government, has reviewed the budget.on the Finance Committee, has served on the RMLD Oversight Committee, is familiar with the Mass. General Laws,the Charter and Town Meeting and is also a rate payer. Ellen Kearns noted that she has tenacity and learned the"What if' approach in law school.. She is a hard worker. Chairman George Hines asked the following question: 2. Reading owns the Reading Municipal Light Department. Explain your feelings on whether the Light Department should follow fiscal policies consistent with other municipal departments. Jim Francis noted that this was discussed at great length by the RMLD Governance Task Force and it is a delicate issue. The Town of Reading represents a certain percentage and there is loyalty to the Town of Reading, companies, shareholders, vendors and customers -- there has to be a balance. Ellen Kearns noted that the first duty is to the Town of Reading but they do serve other customers. Board of Selectmen Meeting—MU 4,2004—Page 3 Dick Coco indicated that the focus should be on customer needs, and he feels that the Light Department should follow other municipal departments. Phil Pacino asked the following question: 3. Give me an example of one issue you would like to work on as a Light Board Commissioner, and how you might approach the issue to successfully resolve it. Ellen Kearns noted that she is interested in the collective bargaining and addressing the grievances that have been filed. Dick Coco indicated that he has no preconceived concept or particular agenda item. Jim Francis indicated that he is very interested in the buying and selling of power. Chairman George Hines asked the following question: 4. As each of you know,the time commitment can be quite significant so please explain how you feel about your ability to meet the needed time commitment. Dick Coco noted that he recognizes the time commitment and is willing to do that. Jim Francis noted that he is use to volunteering, and feels that this would be less time than the Finance Committee. Ellen Kearns noted that she thought carefully before committing and would shift other responsibilities for 11 months. Phil Pacino asked the following*question: 5. The law regulating municipal utilities is rather complex and will require a significant learning curve. Are you willing and able to devote the time to learn the law and whether you anticipate serving beyond the one year until the next election? Jim Francis indicated that he is not an attorney but he spent 18 months looking into the Mass. General Laws regarding Light Boards, and he would need to dig back into it. He would consider running again if it is a positive experience. Ellen Kearns noted that as an attorney she has the advantage of understanding the terminology of the law but it is always changing. She would consider running again.. Dick Coco noted that he is a quick learner and he would consider running again. Chairman George Hines asked the following question: Board of Selectmen Meeting—May 4. 2004—Page 4 6. In the past, there have been suggestions that the Town of Reading might be better off selling the Light Department. Do you envision being able to support a study assessing the benefits of selling vs. continuing as a Municipal Light Department? Ellen Kearns noted that she cannot prejudge a question -- she needs to know the reality to find out if it is in Reading's best interest. Dick Coco noted that an in-depth study would have to be done -- he is in favor of an in-depth study first. Jim Francis noted that this is a touchy subject, and he is in favor of commissioning a study. Phil Pacino, asked the following question: 7. There have been some requests to have the Light Department look into being a cable TV/ Internet provider--is that an option you would support analyzing? Dick Coco indicated that he feels the RMLD should focus on power and that the private market can do Cable TV. Jim Francis indicated that he feels the RMLD should look into Cable TV and the internet. He feels that it should be looked at in-depth before doing anything. Ellen Kearns noted that the future may be in power lines but we would need to look at the numbers first. Vice Chairman Richard Schubert noted that Ellen Kearns had direct expenience representing Light Departments and he asked her if she sees any potential challenge in representing a utility versus being a Board member. Ellen Kearns noted that as a Board member she would actually be formulating the plan. Vice Chairman Richard Schubert asked the applicants if they were aware of the issues over the past couple of years? Dick Coco noted that he read the whole report from the Inspector General, and there are now new policies and controls in place and that should continue. Jim Francis noted that he served on the Oversight Task Force and helped to put the policies in place. Ellen Kearns noted that the Town was very careful and there are timelines to be met and oversight will be needed. Selectman Gail Wood asked the applicants if they had a preference for the budget formula methodology? Board of Selectmen Meeting—May 4,2004—Page 5 Dick Coco noted that the budget process is to make sure that funds are spent properly and all is accounted for. Jim Francis noted that the Town format is easy to read and follow. He indicated that the structure has been improved and they are on the same cycle as the Town. He feels certain that items need to be looked into fizrther; i.e., the Stabilization Fund. Ellen Kearns noted that there are two ways to build a budget -- take last year's and add 10% or bottom up and ask what else is needed. She indicated that her preference is the latter rather than the former. Ensminger moved and Anthony seconded to place the following names into nomination for one position on the Reading Municipal Light Board with a term expiring April 5, 2005: Richard H Coco, James B. Francis and Ellen C. Kearns. On a roll call vote, Ensminger, Schubert and Duffy voted for James Francis, and Herlihy, Soli,Pacino,Wood and Anthony voted for Ellen Kearns. Ellen Kearns received five votes and was appointed. Discussion/Action Items Settlement of Claim — Gas Tank Rollover — The Town Manager noted that this is for reimbursement for expenses incurred for the gas tank rollover on I-93/Route 128. The settlement is for$9,469.60 and it will be split with the other Towns who responded. A motion by Wood seconded by Anthony to approve the settlement between the Town of Reading and L P Transport, Inc in the amount of $9,469.60, with respect to claims for reimbursement for the costs of the response action by the Reading Fire Department on September 10,2003,which response action was the result of a hazardous materials incident at the intersection of Route 28 South with Interstate Highway 93 in Reading,Massachusetts was approved by a vote of 5-0-0. Hearing — Board of Selectmen Policy — Article 3 — Licenses — The Secretary read the hearing notice. The Town Manager noted that there are revisions in tonight's handout, and he would suggest continuing the hearing to another date so that the licensees can review it first. The Town Manager noted that he added to Section 3.1.1 that a certificate of Workers Compensation must be on file for all licensees. Section 3.1.3 restricts the license to the premises for which it is issued. The Board discussed changing the fee for licenses that are issued for a partial year. The consensus of the Board was to continue charging the full fee to cover costs. Section 3.1.4 requires businesses to maintain their properties in a clean and businesslike icondition. Board of Selectmen Meeting—Mgy 4, 2004—Page 6 The Town Manager noted that in Section 3.2.1.19, he increased the fees on the liquor licenses $200 per year except for the club license that he increased$100 per year. Selectman Camille Anthony noted that a survey should be done on liquor fees, and the Town Manager noted that a survey has been done and he will have that for the next hearing. Chairman George Hines noted that he has a problem with a 10% increase in fees especially for package stores. Selectman Camille Anthony noted that she didn't understand the meaning of Section 3.2.11 regarding staffing. The Town Manager noted that if a business is found in violation and use the excuse that they were too busy, then that is a staffing issue. Selectman Camille Anthony noted that in Section 3.2.1.20, the no sales on Sundays on the chart should be removed because Sunday sales are now allowed. The Town Manager noted that he created a section for One Day Liquor Licenses. They will be issued to commercial establishments or non-profit institutions/organizations. They will also be required to monitor behavior and consumption and to provide the liquor. Bringing your own liquor will not be permitted. The applicant will also have to provide proof of insurance. The Town Manager noted that Section 3.5 regarding taxis has not changed. He checked with Town Counsel and the Town cannot prohibit a company from using the word Reading in its name. Selectman Camille Anthony asked if the taxi fares will be increased, and the Town Manager indicated that the taxi company has not shown any interest in increasing the faxes. The Town Manager noted that he has added sections on Common Victualler's Licenses, Entertainment Licenses and Automatic Amusement Devices Licenses. A motion by Schubert seconded by Anthony to continue the hearing on the Board of Selectmen Policy,Article 3 to May 25,2004 at 9:00 p.m.was approved by a vote of 5-0-0. A motion by Anthony seconded by Wood to adjourn the meeting of May 4, 2004 at 10:00 p.m.was approved by a vote of 5-0-0. Respectfully submitted, S�ecretary