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HomeMy WebLinkAbout2003-01-28 Board of Selectmen Minutes Board of Selectmen Meeting January 28, 2003 The meeting convened at 7:00 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 Accountant Richard Foley, Public Works Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Stephen Crook, Richard Moore, John Wood, Will Finch, Jess Brallier, Kristie Jochman, Dave Swyter, Brian Buckley, Carol Symmons, John Willis. Reports and Comments Selectmen's Liaison Reports and Comments —Vice Chairman Matthew Cummings noted that at Saturday's meeting, the Selectmen authorized less than $400,000 in cuts and directed the Town Manager to come back with $22,000 in more cuts. He indicated that the Superintendent sent a memo to the School Committee indicating that they are looking to use free cash and reserve funds to make up for their $485,000 deficit. He also indicated that he will call the School Department and inform them what revenue we do not have. Vice Chairman Matthew Cummings attended the Lynnfield Board of Selectmen Meeting regarding the RMLD. The Chairman of the Lynnfield Board of Selectmen conveyed that the Town should open up the membership on the RMLB, and Matt Cummings indicated to him that the changes being made have nothing to do with the makeup of the Board. Vice Chairman Matthew Cummings noted that he attended the meeting with the Lieutenant Governor today with Camille Anthony, Catherine Martin and the Town Manager and it was a very good meeting. He also noted that the other Towns who were there have more resources than we do. Selectman George Hines asked if there was any discussion regarding Prop 2%2, and Matt Cummings indicated that there was talk about increasing it to 3%2 and increasing the excise tax. Chairman Camille Anthony noted that if the State is cutting aid, then they have to cut mandates. Vice Chairman Matthew Cummings indicated that the Town Manager suggested doing something with the retirement law. He also noted that the Lt. Governor addressed the issue of SBAB funding and indicated that if we have a place on the list, then we will probably get something but if we are not on the list, it will be a long wait. Selectman George Hines noted that the Forum on the substance abuse in Reading is tonight at the Senior Center. He received a mailing from a pro school group and he cautioned them not to mislead. The statements that were made about the bathrooms at RMHS having been condemned are untrue. He also noted that cutting the School Crossing Guards out of the budget is not a done deal yet. Personnel and Appointments West Street Historic District—The Board interviewed Jess Brallier and Kristie Jochman for two positions on the West Street Historic District Study Committee. Board of Selectmen Meeting—January 28, 2003 —Page 2 Hines moved and Cummings seconded to place the following names into nomination for two positions on the Ad Hoc West Street Historic District Study Committee with terms expiring December 31, 2003: Jess Brallier and Kristie Jochman. Each applicant received fives votes and were appointed. Discussion/Action Items Continued Hearing — Local Initiative Program (LIP) Regulations — The Town Manager noted that the LIP Regulations are modeled after the Comprehensive Permit Regulations but are not exactly the same. He also noted that the regulations set up time lines and performance standards. Selectman Richard Schubert suggested specifying the number of copies under "Complete Application." Selectman Gail Wood suggested a minimum number and other copies may be required. Selectman George Hines suggested keeping the regulations as simple as possible to discourage people from going to Chapter 40B. Selectman Gail Wood referred to Section 2.01.04 and noted that it requires a preliminary site development plan. She indicated that preliminary plans can change and she was under the impression that couldn't be done. The Town Manager noted that there was preliminary discussion with Governors Drive. Selectman George Hines noted that a preliminary site plan is needed to give the developers - options and make sure that they understand the regulations. He referred to George Street and noted that the Board could have relayed their concerns about the access from the very beginning. Vice Chairman Matthew Cummings noted that if Gaels Chase had come in earlier, the Board could have given input on the cluster versus the detached. The Board directed the Town Manager to extend the purpose. A motion by Cummings seconded by Wood to continue the hearing on the Local Initiative Program Regulations to February 18, 2003 at 9:00 p.m. was approved by a vote of 5-0-0. Hearing_Master Plan Advisory Committee—The Secretary read the hearing notice. The Town Manager noted that the policy in the handout has revisions. The intent of this Committee is to help the process. Selectman George Hines suggested changing the Rails to Trails member to a School Committee member or designee and adding one more resident. Selectman Gail Wood thought that 14 people were too many, and Selectman Richard Schubert noted that having a large member committee spreads the workload. Board of Selectmen Meeting—January 28, 2003 —Page 3 A motion by Cummings seconded by Wood to close the hearing on the Policy establishing a Master Plan Advisory Committee was approved by a vote of 5-0-0. A motion by Cummings seconded by Wood to approve the policy, as amended, establishing a Master Plan Advisory Committee was approved by a vote of 5-0-0. Discussion: Town Accountant—Audit Report and Review Quarterly Reports—Town Accountant Richard Foley noted that the audit for FY 2002 is complete and has been issued. He also noted that this was the third year of a three year bid so we have gone out to bid to seek proposals for FY 2003 — FY 2005. The request is for a Town audit, RMLD audit and school report. He indicated that we have requested separate costs. Chairman Camille Anthony noted that the audit didn't have a specific format this year because there was an additional $20,000 cost due to change in format. Richard Foley noted that the report had two comments — one about automating the function in the Collector's Office, and a comment regarding the Reading Municipal Light Department. Vice Chairman Matthew Cummings asked what was involved in doing the DET report that RMLD must do. He noted that they keep bringing it up regarding changing fiscal year. The Town Manager noted that the statute states that they are suppose to have the same fiscal year as the Town. Chairman Camille Anthony asked Richard Foley who keeps track of expenditures and if he signs off on all contracts. Richard Foley indicated that individual departments keep track of the expenditures and he signs off on construction bids. Selectman George Hines indicated that he thought the Town Accountant should sign off on all contracts verifying that the amounts are available as a check and balance. Richard Foley indicated that we would need a purchasing department to do that. He also noted that there are requirements for backup when submitting invoices. The Town Manager noted that both he and the Town Accountant review and approve payment. Vice Chairman Matthew Cummings noted that if the Town Accountant finds something excessive or habitual, then the Selectmen need to know about it. He also noted that if the Town Accountant gets into a difference of opinion with a department, then he needs to let the Selectmen know. Dave Syo ter Re: Proposed Charter Amendment — Dave Swyter noted that he wants to change the Charter to have the Selectmen sign all warrants for the Town. He feels that the process should be universal for all elected committees. Selectman Richard Schubert indicated that meant the Selectmen would have to approve what everyone has approved. Board of Selectmen Meeting—January 28, 2003 —Page_4 Selectman George Hines noted that it is not appropriate for the Board of Selectmen to approve what the School Committee and Board of Library Trustees have approved. He also noted that the Town Accountant is appointed by the Board of Selectmen to oversee as a built in "audit function," and the Selectmen do not need to justify anything. The language is clear in the Charter and the Charter has worked well. Vice Chairman Matthew Cummings noted that there is no logic for the Selectmen to be held accountable for the School Committee, etc., and he has no intention of supporting this article. The Town Manager suggested that Mr. Swyter meet with Town Counsel to draft a petition article. Presentation on Water Supply Issues — Public Works Director Ted McIntire and Water and Sewer Advisory Committee Members Richard Moore, Steve Crook and John Wood were present. Ted McIntire noted that four exploratory wells were dug in the Town Forest and there was very little yield. Bare Meadow is wetlands but it would take about five years for approval through the legislature, and the cost would be $3.5 - $6 million to use Bare Meadow. The Water and Sewer Advisory Committee has decided not to pursue the bedrock wells any further. Brian Buckley from CDM reviewed the process of the Water Treatment Plant Feasibility Study to date. - Carol Symmons from CDM gave a report on the water quality. She noted that the water quality goals for the Town of Reading is to reduce disinfection byproducts and comply with regulations by January 2004, reduce the total organic carbon and color levels in finished water, reduce the iron concentrations and manganese concentrations, and reduce consumer complaints about hardness, taste and color complaints. She also noted that the solutions would be to use potassium hydroxide instead of lime to reduce hardness, use chloramines as .an alternative disinfection process, and enhance or replace the existing filtration process. John Willis from CDM reviewed the facility evaluation. His findings were that the use of chlorine gas poses a serious health risk, there is a potential for onsite fuel oil spills, there is a need to comply with regulations and there are security needs. He noted that the equipment is in tough shape. The high service pump station should be replaced because it is subject to flooding. The residuals collection drive is very old and not safe for employees. Staff has to climb ladders for access to the aeration tray and the redwood slats should be replaced with PVC. New lighting is needed, the electrical equipment is corroded, and the standby generator needs replacing. Mr. Willis noted that the buildings are basically sound but they need ADA accessibility. The instruments and controls are obsolete and the HVAC is highly corroded. Mr. Willis noted that there are three alternative solutions: Rehab at $13.8 million, construct a new Water Treatment Plant at $22.8 million, or construct a new membrane filtration plant. Pilot testing of a membrane filtration plant will be conducted to see if this is feasible. Board of Selectmen Meeting—January 28, 2003 —Page5 Selectman George Hines asked about the concern with chloramine and why the public needs to be aware of it. John Willis noted that chloramine is toxic to fish in tanks and to people with kidney dialysis. He also noted that MWRA water is chloramated, and that chloramine is not a strong disinfectant alone and there is a resurgence of the use of ammonia with it. Chairman Camille Anthony asked for more information on the underground storage tanks. Ted McIntire noted that it is being monitored and it is safer now than it was before. The conservation report was rescheduled for February 4, 2003. A motion by Cummings seconded Schubert to go into Executive Session for the purpose of strategy with respect to the sale of real estate, strategy with respect to litigation, and approval of minutes to come back into Open Session at approximately 10:55 p.m. was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at 10:50 p.m. On motion by Hines seconded by Cummings, the Board of Selectmen voted to approve the execution of the following documents as part of the sale of the former Reading landfill property, and authorize the Town Manager to sign on behalf of the Town any and all additional documents as necessary to accomplish this transaction: ♦ Amendments to Amendment 2 of the Purchase and Sales Agreement ♦ Amendment 4 to the Purchase and Sales Agreement ♦ Deed ♦ Administrative Consent Order ♦ Enterprise Fund ♦ Disclosure Statements ♦ Side letter agreement and the motion was approved by a vote of 5-0-0. A motion by Hines seconded by Wood to adjourn the meeting of January 28, 2003 at 10:55 p.m. was approved by a vote of 5-0-0. R&4 Respectfully s bmitte , ,-d Secretary Board of Selectmen Meeting Executive Session January 28, 2003 The Executive Session convened at 10:15 p.m. in the Conference 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 Counsel Yvonne Gonzalez, Town Manager Peter Hechenbleikner and Paula Schena. Sale of Real Estate The Town Manager noted that the Selectmen need to approve the documents for closing of the landfill. The closing will be within seven days. Town Counsel Yvonne Gonzalez reviewed the amendments to the Purchase and Sales Agreement. She noted that the MWRA tie-in was also discussed. They will pay the security but if the Town doesn't tie in, then we will return the security but they won't be off the hook. The Town Manager noted that another issue is the Letter of Credit. If the Letter of Credit is ready to expire and they don't have another one, then the Town can take the remaining Letter of Credit and no order from the DEP is required. Yvonne Gonzalez reviewed the Administrative Consent Order and its attachments. The Town Manager noted that the environmental insurance is $77,312. The Town will contribute $37,000 and when we get the PWED, they will pay the remainder of the insurance cost out of the $100,000. The Town Manager also noted that if we hire an out of town counsel to go after the Letter of Credit, they will pay$5,000. A motion by Hines seconded by Cummings to adjourn the Executive Session Meeting of January 28, 2003 at 10:50 p.m. was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, "U� iW, Secretary