HomeMy WebLinkAbout2003-01-21 Board of Selectmen Minutes Board of Selectmen Meeting
January 21, 2003
The meeting convened at 7:37 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Camille Anthony, Vice. Chairman
Matthew Cummings, Secretary Richard Schubert, Selectmen George Hines and Gail
Wood, Town Planner Chris Reilly, Town Manager Peter Hechenbleikner, Paula Schena and the
following list of interested parties: John Carpenter, Doug Cowell, Jonathan Barnes, Paul Devlin,
Neil Sullivan, Dan Ensminger.
Town Manager's Report
The Town Manager gave the following report:
♦ The Lieutenant Governor will be in Stoneham next week and wants to meet with two
Selectmen, one Finance Committee member and the Town Manager regarding feedback on
local aid cuts.
♦ The Town has won the Russell case.
Proclamations/Certificates of Appreciation
Certificate of Recognition — Eagle Scout Christopher Hanson — Selectman Gail Wood indicated
that she will attend the ceremony.
A motion by Schubert seconded by Cummings to approve the Certificate of Recognition for
Eagle Scout Christopher Hanson was approved by a vote of 5-0-0.
Discussion/Action Items
The Town Manager reviewed a motion he created regarding the budget and asked the Board of
Selectmen to support revenue initiatives and reductions in mandates.
A motion by Wood seconded by Cummings that the Selectmen support the following
revenue initiatives and reduction in mandates beginning no later than Fiscal Year 2004, to
make up in part the reduction in State aid to the Cities and Towns of the Commonwealth of
Massachusetts:
♦ A local option for a 1% meals and entertainment tax;
♦ A local option for a$5 increase in the motor vehicles excise tax;
♦ A change in Proposition 2%Z to allow the"Provision for Abatements
and Exemptions" to be exempted from the 2%z% limitation;
♦ A reduction in or elimination of mandates that have a direct effect
on the Cities and Town's ability to manage limited resources in
accordance with local needs was discussed.
Selectman George Hines suggested adding a sunset provision for the local options.
Vice Chairman Matthew Cummings noted that he had a problem with #1 unless it is the same
across the state.
Board of Selectmen Meeting—January 21, 2003 —Page 2
A motion by Cummings seconded by Schubert to table the motion until after the discussion
with CPDC was approved by a vote of 5-0-0.
The Board returned to the budget discussion at the end of the meeting.
A motion by Hines seconded by Wood to take the motion from the table was approved by a
vote of 4-1-0, with Cummings opposed.
A motion by Wood seconded by Cummings requesting that the legislature examine the
following revenue initiatives and reduction in mandates beginning no later than FY 2004,
to make up in part the reduction in State aid to the Cities and Towns of the Commonwealth
of Massachusetts:
♦ A local option for a 1% meals and entertainment tax with a provision
to allow communities to include a sunset clause for five years unless
otherwise approved by Town Meeting_
♦ A local option for a $5 increase in the motor vehicles excise tax rate
with a provision to allow communities to include a sunset clause for
five_years unless otherwise approved by Town Meeting.
♦ A change in Proposition 2!/2 to allow the"Provision for Abatements
and Exemptions" to be exempted from the 2%2% limitation.
♦ A reduction in or elimination of mandates that have a direct effect
on the Cities and Town's ability to manage limited resources in
accordance with local needs.
was approved by a vote of 3-2-0, with Cummings and Wood opposed.
Discussion/Action Items
Discussion with CPDC - Town Planner Chris Reilly, CPDC Members Jonathan Barnes, Paul
Devlin and Neil Sullivan were present.
The Town Manager noted that the Board asked CPDC to come in for a discussion regarding the
status of affordable housing, the master plan process and the PRD and public services.
Chairman Camille Anthony noted that when the Town does special zoning, residents are coming
back and are not happy about having to pay for plowing, rubbish collection, etc.
Jonathan Barnes noted that the multi-family cluster zoning allows for diversity and affordability
which adds value to the Town. The roadways are a narrower width and less expensive to
develop. The advantages of this zoning is to provide affordable housing and it enables open
space. The disadvantages such as snow plowing and rubbish collection by residents is a trade off
for enabling the housing and the increase in density.
Selectman George Hines noted that the trash collection argument is that the benefit goes to the
developer and the occupants "inherit" the tax burden that is relatively the same as a non-PRD.
Board of Selectmen Meeting;—January 21, 2003 —Page3
Jonathan Barnes noted that it is a community and political issue. The value to homeowners is
they are able to purchase in Reading when otherwise they wouldn't be able to. It is a legitimate
- quid quo pro—it's not unfair or unreasonable.
Chairman Camille Anthony asked if PRD's are being used to get around wetland issues.
Jonathan Barnes noted that developers have to go before the Conservation Commission for
delineation, so they are not able to get around wetland regulations. Chairman Camille Anthony
noted that the idea is to have more useable open space in a development.
Selectman George Hines noted that if the Town puts too many roadblocks, then the developers
will go with 40B. He suggested that CPDC hold a workshop with developers to find out what
we could do differently to make a PRD more attractive than 40B.
Selectman George Hines asked if we can require developers to attach houses. Chris Reilly noted
that the Master Plan would help to explain issues like that. He also noted that the Master Plan
review was initiated by Anne Krieg. She conducted four visioning sessions to draft issues. He
wants to make sure that we have funding from the Mass Highway Department and get a
consultant before June 30, 2003.
Jonathan Barnes noted that they have reached a point where they need more input and are
requesting to have a Task Force set up. The Town Manager will schedule a hearing on the
policy next week.
Chris Reilly noted that the new affordable housing law allows group units; i.e., mentally
challenged group homes to be added to the list. Also, accessory apartments created after 8/02
can be counted.
Vice Chairman Matthew Cummings noted that the George Street developer purchased an
additional lot abutting the property. Chris Reilly noted that would have to go back as a formal
comprehensive permit.
Selectman George Hines noted that a George Street resident received threatening communication
from the developer indicating that they should drop the lawsuit or they will put up 10 more units.
He indicated that we need to communicate and this is not acceptable behavior.
Vice Chairman Matthew Cummings suggested going back to Edith Netter and see what we can
do about it. He asked if there is a stipulation as to when in the process the affordable units are to
be built and the Town Manager indicated that there is.
Chris Reilly noted that once Spence and Longwood are permitted, we will have achieved our
quota and will be able to tell future applicants to go away for two years.
Presentation of the Governance Advisory Committee Recommendations re: RMLD — RMLD
Governance Advisory Committee Members John Carpenter, Doug Cowell and Chairman Dan
Ensminger were present.
Board of Selectmen Meeting—January 21, 2003 —Page 4
Dan Ensminger reviewed the following recommendations of the Ad Hoc RMLD Governance
Advisory Committee:
1. In addition to all other powers, duties and authority provided to Municipal Light Boards
in Chapter 164;the Reading Municipal Light Board shall have the following powers,
duties, and authority, and these shall be explicitly stated in the Home Rule Charter,
or in a special act-- whichever is appropriate:
♦ Hire the General Manager and approve an employment agreement but not a
contract detailing the terms and conditions of his employment;
♦ Appoint the Accounting Manager or Chief Accountant to the Light Department;
♦ Appoint Counsel;
♦ Set electric rates;
♦ Approve the annual operating budget and capital expenses;
♦ Approve contracts under MGL Chapter 30B guidelines, except for contracts
for purchase of power; and
♦ Approve warrants for payment of all bills and payroll.
2. In hiring the Accounting Manager and Counsel, the language included under the
Section 6.6 "Town Accountant" section of the Reading Home Rule Charter shall
apply:
"The(Accounting Manager) (Counsel) shall be appointed by the Reading -
Municipal Light Board and shall be subject to the supervision of the General
Manager"
3. As required by Chapter 164, Section 63, the RMLD Fiscal Year will begin on July
1st, with a transition period until July 1, 2004 to accomplish this change.
4. The RMLD will employ the Auditor appointed by the Town of Reading Audit
Committee. The Town General Bylaws shall be amended to provide for one
Audit Committee member to be appointed by the Light Board.
5. Following approval by the Light Board, the Light Board will make a presentation
of their approved annual operating budget and approved Capital Improvements
Program to the Reading Finance Committee and Reading Town Meeting. On
request, the Light Board will make a presentation of their approved budget and
Capital Improvements Program to the FINCOM's and Town Meetings of the other
towns served by the Reading Municipal Light Department.
Selectman Richard Schubert asked if the General Manager Search Committee was aware of these
recommendations. Dan Ensminger indicated that they are. Two of the five Light Board
members sat in on the meetings and are aware of the recommendations.
Board of Selectmen Meeting—January 21, 2003 —Page 5
Selectman Richard Schubert asked if there are any guidelines for the approval of the Warrant and
Dan Ensminger noted that changes have been made. John Carpenter noted that there was a lot of
discussion by three Light Board members regarding approving before or after purchases are
made.
The Selectmen directed the Town Manager to formally convey the recommendations to the
General Manager applicants and the Light Board.
Selectman Gail Wood asked if there is a difference in auditing a Light Department. Vice
Chairman Matthew Cummings noted that the auditor doesn't have to be the same as the Town
but the auditor will be appointed by the Audit Committee.
Dan Ensminger reviewed the proposed schedule. He noted that the Selectmen would review the
recommendations but not vote yet. Special Counsel needs to review the recommendations. The
Selectmen should meet with the four Towns to review the recommendations.
Selectman George Hines indicated that he felt it was inappropriate to go to the other Towns. He
suggested sending them the recommendations and ask for their comments.
Vice Chairman Matthew Cummings noted that if we file Home Rule legislation, we will need
buy in from other communities and he feels that the most expedient process is to get them
involved and make a presentation.
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The consensus of the rest of the Board was to go out to the communities and make a
presentation.
Dan Ensminger noted that a Special Town Meeting would be set for February 24, 2003. The
Town Manager noted that the Town Clerk prefers March 3rd and the Election Warrant can be
closed on March 4, 2003.
The Selectmen thanked the RMLD Governance Advisory Committee for their work.
Town Manager Evaluation—Rescheduled for next meeting.
A motion by Hines seconded by Schubert to adjourn the meeting of January 21, 2003 at
10:00 p.m. was approved by a vote of 5-0-0.
Respectfully submitted
Secretary