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HomeMy WebLinkAbout2003-05-13 Board of Selectmen Minutes Board of Selectmen Meeting May 13, 2003 The meeting convened at 7:30 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, Public Works Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and following list of interested parties: Bill Brown, John Carpenter, Thomas Ryan, Bill O'Halloran, Peter Dahl, Clay Jones, Dom Lacava, Mark Cardono, Mark Staniul, John Russo, Dale Merrill, Amy Brough, Dan Ensminger. Reports and Comments Selectmen's Liaison Reports and Comments—Vice Chairman Matthew Cummings noted that the Reading Municipal Light Board met last Thursday. Their financial statements indicated that there is a potential write-off of$365,000. Selectman Gail Wood noted that the Ad Hoc Drainage Committee is formulating a plan for the Selectmen to include in expenditures. The West Street Historical Committee met. Clayton Jones was appointed Chairman and Everett Blodgett was appointed Vice Chairman. They are looking at what portion of West Street should be designated a historical district. Selectman George Hines noted that he attended an Eagle Scout Court of Honor, and that Mr. Ebasher was honored by the Scouts for 40 years of service to the Boy Scouts. He also attended the Substance Abuse Prevention Advisory Council's panel discussion. Chairman Camille Anthony noted that she attended the dinner for volunteers. She also attended a roundtable discussion at the Beverly Library with Lt. Governor Kerry Healey and indicated to Ms. Healey that we need a great deal of leadership regarding the Ipswich River watershed and the low salt area on I-93 and containment on I-93. Chairman Camille Anthony noted that she attended a meeting regarding the lease of land at Birch Meadow. The Town Manager noted that the concept is to draft an agreement and after construction have a survey done, and ask Town Meeting to transfer the land being used and execute a lease for the remaining property. A draft of the agreement will be done next week and then Legal Counsel and SBA will review. The deadline is June 1, 2003. Selectman Gail Wood asked about the Field House. The Town Manager noted that the Field House is a school building and when it is not in use by the schools, Recreation schedules it. Selectman Gail Wood indicated that she disagrees and that the Field House is not a school building. Vice Chairman Matthew Cummings noted that the Field House is a community building that he - doesn't want to see changed. He feels that it is best to survey before signing an agreement. Chairman Camille Anthony noted that there has to be some sort of agreement before submitting to SBA. Board of Selectmen Meeting—May 13, 2003 —Pam Selectman Rich Schubert indicated that he would rather see a settlement before the project is complete. Selectman Gail Wood indicated that the problem is that we don't know what we are transferring until we have a final footprint. School Committee Member Pete Dahl noted that the Field House was built as an educational building, and the June 1 st deadline is to make sure everything is filed on time. He also noted that the School Department needs control of the facility to build the High School. Vice Chairman Matthew Cummings noted that if a letter of understanding is not enough for the SBA, then do the survey now. We can't document control if we don't know who owns the property. Public Comment—There was not public comment. Town Manager's Report The Town Manager gave the following report: ♦ A tour of Walkers Brook Crossing was held last Thursday for officials—Board of Selectmen, CPDC and Conservation Commission. The press was also invited. Progress is excellent. The major building is staked out. The workmanship is very clean and neat. ♦ We have received approval from the Attorney General's Office of the Charter amendment for the RMLD — and the next step is that the Charter amendment goes on the ballot of the next Town Election in the Spring of 2004. ♦ This Saturday at 2:00 p.m., there will be a send-off ceremony for approximately 35 National Guardsmen who will be performing security missions in the northeastern part of the U.S. ♦ REMINDER- Household Hazardous Waste Collection May 17th DPW Facility—75 New Crossing Road 9:00 a.m. — 1:00 p.m. ♦ There is a mercury thermometer swap (trade in an old mercury thermometer for a new digital thermometer) at the Health Division Offices in May. Watch local media for more information. ♦ Compost Center Hours Starting Friday, April 4th April/May— Friday and Monday(8:00 a.m. —2:30 p.m.); Saturday(8:00 a.m. —5:00 p.m.), closed April 21"and May 26th holidays. June— 1St and 3rd Saturdays only. ♦ Info on website, Chronicle, Advocate, Cable TV Channels 9, 10 and/or 22, DPW at 781- 942-9092 or 9076. There will also be a flyer and calendar in the June 10 Water/Sewer bills. Proclamations/Certificates of Appreciation Proclamation — V.F.W. Poppy Week — A motion by Schubert seconded by Cummings to approve the Proclamation for V.F.W. Poppy Week was approved by a vote of 5-0-0. Board of Selectmen Meeting MU 13 2003 —Page 3 Personnel and Appointments Historical Commission — Mark Cardono was interviewed by the Board for one position on the Historical Commission. A motion by Schubert seconded by Wood to place the following name into nomination for one position on the Historical Commission with a term expiring June 30, 2004• Mark Cardono. Mr. Cardono received five votes and was appointed. Substance Abuse Prevention Advisory Council — Mark Staniul was interviewed for one position on the Substance Abuse Prevention Advisory Council. A motion by Hines seconded by Wood to place the following name into nomination for one position on the Substance Abuse Prevention Advisory Council with a term expiring June 30, 2005: Mark Staniul. Mr. Staniul received five votes and was appointed. Discussion/Action Items RCTV Proposed Bylaw Changes —RCTV Board Member Tom Ryan noted that there was some question by the community as to whether the RCTV Board can amend their Bylaws. A letter from Brackett& Lucas indicates that RCTV has the right to amend the Bylaws and each member has a fiduciary responsibility to the Committee. Mr. Ryan noted that the School Committee member has no sense of fiduciary responsibility. He also noted that the School Committee position was vacant for over one year. He further noted that the Board of Selectmen and School Committee will not lose their input but the RCTV Board would appoint all members. Mr. Ryan noted that Reading does not own RCTV, it is a public access channel. The Town Manager noted that the Selectmen designated the access corporation. The problem with the Bylaws is that only RCTV can remove members. Selectman George Hines noted that the Selectmen receive consistent complaints about Cable TV including RCTV and he feels that the Selectmen should have input. If three members is excessive, then the Selectmen are willing to negotiate. He also noted that if the Selectmen have the right to appoint, then RCTV should give them the authority to remove. Pete Dahl noted that the School Committee advised the RCTV that the School Committee representative should remain and keep their input. He also noted that RCTV's money comes from the rate payers. School Committee Member John Russo noted that the most important thing is for the RCTV Board to be independent. Vice Chairman Matthew Cummings noted that the majority of the School Committee voted to stay the same. Selectman George Hines asked RCTV President Dale Merrill what a"dues paying member"was. Ms. Merrill noted that anyone who has contact with the Town of Reading can pay a $10.00 fee and become a member. They have 300 members. This fee allows them to use the equipment and use them as a"soapbox." Selectman George Hines asked if they elect the Board, and Ms. Merrill indicated that they do. Board of Selectmen Meeting_May 13, 2003 —Page 4 Vice Chairman Matthew Cummings asked how $3,000 compares to the rest of the budget. Ms. Merrill noted that the total budget is $100,000 that comes from subscribers in Reading. Vice Chairman Matthew Cummings noted that the people who provide the bulk of the money are the residents of Reading and need to be represented. Ms. Merrill indicated that the Board of Selectmen and School Committee representatives have mixed feelings of who their duty is to. She feels that it places people who are appointed in an awkward position. Selectman Richard Schubert noted that the fiduciary duty is statutory to all members no matter how appointed. He also noted that the proceeds from subscribers are the major funders. It is the responsibility of the Selectmen to sign the contract with the cable provider. He feels that it is important to keep the Selectmen appointments. Selectman George Hines asked what policies were in place to ensure a quality presentation. Ms. Merrill noted that it depends on whether it is done by a member or by RCTV. Selectman Gail Wood noted that she had a problem with the membership appointing the Directors, because it could be a predominately nonresident membership. Amy Brough noted that some of the members who are not Reading residents are EMARC and Creative Arts. A motion by Cummings seconded by Hines to recommend to the RCTV Board that they modify their Bylaws with respect to the make-up of the Board of Directors to have no less than three Selectmen and/or School Committee representatives and give them the authority to remove their members for just cause and for the overall majority of the Board to be Reading residents was discussed. A motion by Schubert seconded by Wood to amend the main motion to recommend to RCTV that the make-up of the Board remain the same with seven members, three Selectmen representatives and one School Committee representative failed by a vote of 1-4-0 with Anthony, Hines, Cummings and Wood opposed. The main motion was approved by a vote of 4-1-0,with Wood opposed. Technology and Telecommunications Advisory Committee Chairman Bill O'Halloran was present. He noted that the Selectmen negotiates and monitors the contract and most issues that come up have to do with RCTV, outages on the internet and equipment. He also noted that the Selectmen have a vested interest and it would be in the best interest of RCTV to keep the Selectmen representatives. Acceptance of Final Report — Governance Advisory Committee and Discharge of RMLD Oversight Task Force - Dan Ensminger, former Chairman of Governance Advisory Committee and member John Carpenter were present. Vice Chairman Matthew Cummings suggested that the Selectmen accept the final report and discharge the Oversight Task Force. He noted that Article 7 was approved by the Attorney General. Board of Selectmen Meeting=Mav 13, 2003 —Page 5 Chairman Camille Anthony noted that she will call Phil Pacino and schedule an informal meeting with the Light Board without the staff present. A motion by Hines seconded by Cummings to accept the final report of the Ad Hoc RMLD Governance Advisory Committee dated January 8, 2003 and to discharge the RMLD Oversight Task Force which was formed as a result of the Inspector General's Report of December 2001 on the RMLD, with the grateful acknowledgement of the hard work was approved by a vote of 5-0-0. Review Process of Deciding on Skate Park Location — The Town Manager noted that the Recreation Committee did a report and the Board conducted a site visit of six sites. He suggests that the Selectmen determine if there are any sites they do not want to consider. A motion by Cummings seconded by Wood to strike the Memorial Park from consideration was discussed and approved by a vote of 3-2-0, with Hines and Schubert opposed. Chairman Camille Anthony noted that she is against any sites near houses. She asked if there was any chance it could be included in the High School renovation. Pete Dahl indicated that it probably wouldn't be reimbursable. Chairman Camille Anthony noted that the Burbank area and batting cages are not near homes. The Town Manager noted that the Burbank area has trees on it and would have to be cleared. Selectman George Hines indicated that the Burbank area was too remote. Selectman George Hines noted that there is some separation from homes at the Higgins property on Birch Meadow. The Board voted on the locations and directed the Town Manager to set up hearing with all of the locations with three or more votes which are the following: Higgins Property, Soccer backboard at Birch Meadow (batting cages), back of Burbank Skating Rink, Sturgis Field Playground, Town Forest, Oakland Road and Imagination Station. A chart will be distributed for the Selectmen to rank each of these locations. The Town Forest Committee will be invited in on May 27, 2003 to discuss the possibility of using the Town Forest as a site. Review Compost Center Operation and Hours — Public Works Director Ted McIntire was present. He indicated that the Compost Center had 4857 visitors in April 2003, 4021 visitors in April 2002, under 5000 in April 2001, and 7000 visitors in April 2000. He noted that Mondays and Fridays have increased due to the rainy Saturdays. He also noted that the Compost Center will not be open on Memorial Day and he is trying to get commitments for Mondays and the first and third Saturdays. He further noted that there was a problem last Summer because of the heat they had to close at noon instead of 2:00 p.m. Selectman George Hines suggested opening at 7:00 a.m. Board of Selectmen Meeting—May 13, 2003 —Page 6 Approval of Minutes A motion by Wood seconded by Hines to approve the minutes of April 29, 2003 was approved by a vote of 4-0-1,with Cummings abstaining. A motion by Hines seconded by Schubert to adjourn the meeting of May 13, 2003 at 10:50 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary