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HomeMy WebLinkAbout2003-12-16 Board of Selectmen Minutes Board of Selectmen Meeting December 16, 2003 The meeting convened at 7:30 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, Selectman Matthew Cummings, Finance Director Beth Klepeis, Town Engineer Joe Delaney, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Clayton Jones, Charles Voner, Attorney Mark Gallant, Bob Resnick, Frank Postman, Martha Reddy, Thomas McGrath, Rick Shaffer, Brian Snell, John Smolak,Richard Stewart,David Ginngrande, John Cullen, David O'Sullivan, Steve McLaughlin, Mark Ford. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Matthew Cummings asked if the Charter change is approved by the electorate regarding the RMLD General Manager, how will it effect the term of his contract? The Town Manager indicated that he would check with Town Counsel. Selectman Matthew Cummings noted that he heard a lot of positive comments regarding"Shop the Block"and indicated that it should be for more than once per year. Chairman George Hines noted that he attended the George Street site visit on Saturday morning. Public Comment—There was no.public comment. I i Town Manager's Report The Town Manager gave the following report: ♦ The Reading Fire Department began to provide Advanced Life Support to the community a couple of weeks ago. There have been 30 ALS calls to date. ♦ The Danis Corporation is willing to work with us on a skateboard park for use over the next three years as a temporary site. They are going to confirm with me within the next couple of weeks when they have survey work done. ♦ The Board of Selectmen has received the "Single Audit Act" report tonight from the Auditors. The Audit is not complete, and we will have the Town Accountant in January to talk about the Audit and the Management Letter. ♦ The State Legislature has passed a law giving a local option to Sunday liquor store operations year round Statewide. We will schedule a hearing in early January. ♦ The Board of Selectmen has received the proposed School Department budget, and the School Department has asked for any questions and comments to be given to the Superintendent by December 26th ♦ We have been getting complaints and compliments about snow plowing. Residents need to remember that snow is piled high at intersections and caution is required. Also,placing snow in a public way from private property is a violation of a local Bylaw and is not permitted. Finally, the snow plow crews are only there to do their jobs, and they are not intentionally plowing snow back in driveways, etc. Please be patient and do not take out your frustration with Winter weather on them. Board of Selectmen Meeting—December 16, 2003 —Page 2 ♦ The Recreation Committee has met and voted to recommend to the Board of Selectmen that Castine Field not be flooded this Winter, so they can evaluate the effect of not flooding the site on the Spring use of the field. They had a public hearing on this matter on December 10, and a copy of the draft minutes are in your packet. Chairman George Hines asked if the Selectmen had any objection to directing DPW to flood Castine Field. He feels that the decision to not flood the field was wrong and it should have come before the Selectmen. After much discussion, the Selectmen directed the Town Manager to have the field flooded and to monitor the use and drainage of the field and to take this issue up again next year. ♦ The Light Board has signed an Employment Agreement with the General Manager and a copy is in your packets this evening. Discussion/Action Items Award of Bids—Bonds and Bond Anticipation Notes —Finance Director Beth Klepeis reviewed the details of the bond sale, and indicated that Moody's did not increase our rating but did a very nice write up. A motion by Wood seconded by Cummings that all action taken by the Town Treasurer in advertising for public sale of the$ 15 000,000 Bond Anticipation Notes (BANS) of the Town authorized pursuant to Chapter 44, Sections 7(3), 7(3A), 7(21), 8(4), 8(5) and 8(0 of the Mass. General Laws, as amended and supplemented, and by votes of the Town duly adopted, as described in Exhibit A of the Signature Award, and No-Litigation Certificate and in connection with the preparing and distributing of a Preliminary Official Statement and Notice of Sale and a final official Statement, be and hereby is ratified approved and adopted; That the Note shall be dated as of January 8, 2004, shall mature on January 7, 2005, shall bear interest at maturity, and shall not be subject to redemption prior to their stated maturi ; That the Notes shall be issued by means of a book-entry system evidencing ownership and transfer of the Note and that in the event of failure or termination of the book entry system, U.S. Bank National Association in Boston, Mass., or its successor, shall issue a replacement note in the form of a fully registered certificate, and shall act as Transfer Agent and Paying Agent therefor, That the Note shall bear interest and is hereby sold and awarded as follows: Purchaser Amount Int. Rate Premium Sovereign Securities Corp LLC $15,000,000 2.25 % $162,600 That the Town Treasurer is authorized to deliver a Material Events Disclosure Certificate and the Note to purchasers and that the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are authorized to take action to execute and deliver all documents related to the Sale; Board of Selectmen Meeting—December 16 2003 —Page 3 Further, That all action taken by the Town Treasurer in advertising for public sale of the $35,000,000 of General Obligation Bonds of the Town authorized under Chanter 44, Sections 7(3) and 70A), of the Mass. General Laws as amended and supplemented, and bX votes of the Town duly adopted, as described in Exhibit A of the Signature, Award and No-Litigation Certificate and in connection with the preparing and distributing of a Preliminary Official Statement and Notice of Sale and a final official Statement, be and hereby is ratified, approved and adopted, That the Bonds shall be dated as of January 1, 2004 and the principal payable on March 15th-of years 2005 through 2024. That the Bonds maturing prior to March 15 2014 shall not be subject to redemption prior to the stated maturity dates Bonds maturing on or after March 15, 2015, shall be subject to redemption prior to maturity, at the option of the Town,• That the Bonds shall be issued by means of a book-entry ystem evidencing ownership and transfer of the Bonds and that in the event of failure or termination of the book entry system, U.S. Bank National Association in Boston Mass., or its successor, shall issue replacement bonds in the form of a fully registered certificate, and shall act as Bond Registrar, Transfer Agent and Paying Agent therefor-, That the Bonds shall bear interest payable on March 15 and September 15 in each year, commencing September 15, 2004 as follows: 2005-2007 2 % 2012 3.5 % 2018 4.125 2008 2.5 % 2013 3.75 % 2019 4.25 % 2009 2.75 % 2014 4.0 % 2020-2022 5.0 % 2010 3.0 % 2015-2016 5 % 2023 4.50 % 2011 3.125 % 2017 4.0 % 2024 4.625 % That the bid of UBS Financial Services, Inc, to purchase the Bonds at a price of 35,304,123.10 and interest accrued to date of delivery, resulting in a net interest cost of $18,051,396.76 and a true interest rate of 4.224510 %, being the best bid received for the Bonds, bearing interest at the lowest true interest cost, be and it hereby is accepted and the Town Treasurer be and hereby is authorized to deliver the Bonds to the aforesaid purchaser or order against payment therefor; That the Town Treasurer is authorized to execute and deliver a Continuing Disclosure Certificate and that the Bonds may be secured by insurance or by letter or lines of credit in accordance with the provisions of Chapter 44, Section 22C of the General Laws was approved by a vote of 4-0-0. Extension of West Street Historical District Study Committee— Clayton Jones, Chairman of the West Street Historical District Study Committee, noted that the Committee has defined the boundary, drafted the bylaw, designing the guidelines, sent out a letter to the residents, and will do a study report. They are looking at either the Spring or Fall Town Meeting of next year. Board of Selectmen Meeting—December 16, 2003 —Page 4 A motion by Cummings seconded by Wood to amend the policy establishing an Ad Hoc _ West Street Historical District Study Committee by extending the term until December 31 2004 was approved by a vote of 4-0-0. Continued Hearing — Salem Street LIP (Local Initiative Progr ami — John Smolak, Richard Stewart, David Ginngrande, John Cullen and David O'Sullivan were present. David Ginngrande noted that to improve traffic circulation, one of the entrances will be limited to right turn out and right turn in. He also noted that walkways have been added, future tandem guest parking has been added to the plan, and the snow storage areas have been reversed. David O'Sullivan noted that the building in the middle was too big so he did cut-ins to articulate the gable and break up the roofline. Vice Chairman Richard Schubert questioned when the tandem spaces would be created. Selectman Gail Wood indicated that she preferred that the tandem spaces be created now and dedicate&to the units that don't have garages. Selectman Gail Wood noted that on the Registry side of the property, there are 24 foot dimensions between the bumps and the curb is sharp. She indicated that trash trucks, etc. could t' have a problem turning, and suggested either flattening it out or widening it to 26 feet. Steve McLaughlin of 195 Salem Street noted that he had one concern that the Unit 7's backyards abut Salem Street and everyone else on the street has a front yard. He suggested having the building reconfigured to have the front door on the Salem Street and the back door in the back. David O'Sullivan indicated that they could put canopies over the doors and/or add columns. He noted that the condo association will have restrictions; i.e., no swing sets, clothes lines, etc. Selectman Gail Wood suggested using screening or fencing. The Town Manager noted that the draft decision was in the handout. He reviewed the following conditions: Remediation of the hazardous waste, study for a traffic signal, designation of internal roadway as a fire lane, drainage study will include tandem parking spaces, condo documents prohibit storage, drying racks, etc. from patios and decks,the plan will be actual built, the condos will.be marketed as 55 and older, and an eighth condition that every effort will be made to I.D. and preserve trees 6"in caliper within the developed site. A motion by Cummings seconded by Wood to close the hearing on the Salem Street Local Initiative Program was approved by a vote of 4-0-0. A motion by Cummings seconded by Schubert to approve the LIP draft decision dated 12/16/03, including eight conditions plus a final review before the Board of Selectmen, was approved by a vote of 4-0-0. Heariniz — 24 Hour Operation of WBD Gasoline Service Station— The Secretary read the legal notice. Attorney Mark Gallant, Bob Resnick, Frank Postman and Martha Reddy were present. Board of Selectmen Meeting—December 16, 2003 —Paie 5 The Town Manager noted that this is an annual request. A copy of the legal notice went to abutters and the Selectmen received a copy of the environmental study on the cleanup of the site. Attorney Gallant noted that his client has been in compliance with the conditions and is seeking renewal of the permit. Frank Postman noted that he has not seen an immediate impact of the bacteria being used for clean up but it takes about one year, and he anticipates a full clean up by Summer. He noted that studies show that the bacteria shuts down in the Winter. Vice Chairman Richard Schubert suggested physically pulling out the contaminated soil. Mr. Postman noted that is an option but they are constrained by the Wetlands Protection Act. A motion by Cummings seconded by Wood to close the hearing on the 24 hour operation at 87 Walkers Brook Drive was approved by a vote of 4-0-0 A motion by Wood seconded by Schubert to approve an application for 24 hour sales by Motiva Enterprises, LLC d/b/a Reading Shell Station at 87 Walkers Brook Drive upon a finding that, in accordance with Section 5.10.1 of the General Bylaws, the Board determines that: ♦ It is in the interest of the public health safety and welfare to permit such operation; and ♦ There is no detrimental effect of such operation on the Town or the immediately abutting neighbors; and - ' ♦ Subject to the following conditions: 1. The property owner will submit to the Board of Selectmen reports on the status of the environmental clean up at the site as they become available If there is not substantial remediation of the contamination by 8/31/04 the applicant shall present to the Town through the Conservation Commission, an alternate plan for the environmental clean up. The determination of whether the remediation is substantial, shall be up to the Town• 2. The approval expires at midnight December 31 2004; 3. All signs shall conform with the Zoning by-laws of the Town of Reading; 4. The menu of food to be covered by the Common Victualler's License shall be limited to those items specified in the license application- 5. The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 6. The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 7. The operator will provide gas cans for motorists who run out of gasoline on the road; 8. The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 9. Restroom facilities shall be open 24 hours a day, seven days a week was approved by a vote of 4-0-0. Board of Selectmen Meeting—December 16, 2003 —Page 6 Discussion on Memorial Park — Chairman George Hines noted that this was follow up to a previous complaint regarding the overuse of practice time, and he has sent a letter to the sports organizations. The Town Manager noted that the draft wording for the sign stating the regulations is in the handout. Selectman Matthew Cummings noted that the Deed is very clear as to what it wants. He feels that the word "organized" is being used as an out. The regulations should state what the Deed states. He requested that the word"quiet"be added in front of enjoyment. Vice Chairman Richard Schubert noted that parts of the Deed oppose each other. He feels that the problem started because the Town didn't get involved and there are ways to restrict crowds and parking. He would like to see more recreation land on West Street. Selectman Matthew Cummings noted that this was never meant to be a place for games or practices. Rick Shaffer of 67 Woburn Street and a member of the Recreation Committee asked if the Deed was revocable. The Town Manager noted that he believes the heirs could take it back. Mark Ford indicated noted that people go on his property and he asked how the area will be patrolled. Brian Snell of 99 Walnut Street and a member of the United Soccer Club noted that it would be irresponsible not to use the space because there is no other place for the children to play. Tom McGrath of 39 Harrison Street suggested no parking from April—August on one side of Harrison Street. Selectman Gail Wood noted that a no parking sign from April—August on Charles Street is a good idea.. Cummings moved to strike the word "organized" from the regulations but his motion was not seconded. Use and Activity Limitation — DPW Site — Town Engineer Joe Delaney noted that in 1999 the Town removed gas tanks at the DPW site and discovered a leak. It cost approximately$100,000 to clean it up, and everything has stabilized. The Board needs to approve the use and activity limitation that states the property cannot be used for residential or daycare purposes. This will close out the file with DEP. A motion by Cummings seconded by Wood to approve the filing of the Notice of Activity and Use Limitations for the Reading DPW, 75 New Crossing Road,was approved by a vote of 4-0-0. Board of Selectmen Meeting—December 16 2003 _Page_7 Skateboard Park Update—The Town Manager noted that the Danis property is the prime site and he hopes to have a definite answer by the end of the week. This would be a temporary three year location. License Approvals — The Town Manager noted that several businesses owe taxes and/or water and sewer fees. He will not issue their licenses until they have paid all fees owed to the Town. The Board needs to take no action on this item. Approval of Minutes A motion by Wood seconded by Cummings to approve the minutes of November 18 2003 was approved by a vote of 4-0-0. A motion by Wood seconded by Schubert to approve the minutes of November 25 2003 as amended was approved by a vote of 4-0-0 A motion by Wood seconded by Schubert to approve the minutes of December 2 2003 was approved by a vote of 4-0-0. A motion by Wood seconded by Cummings to approve the Executive Session minutes of December 2,2003, as written,w, as approved by a vote of 4-0-0 A motion by Cummings seconded by Schubert to adjourn the meeting of December 16 - 2003 at 10:40 p.m. was approved by a vote of 4-0-0 i Respectfully submi ted, Secretary