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HomeMy WebLinkAbout2002-11-06 Board of Selectmen Minutes Board of Selectmen Meeting November 6, 2002 The meeting convened at 7:15 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 (arrived 7:50 p.m.), Selectmen George Hines and Gail Wood, Finance Director Beth Klepeis, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Kristen Cota, Mary Duffy, Rhonda Holt, Brian and Margaret O'Sullivan, Paul Feely, Bill Brown, Elise Lapham, Bill Kelley, John and Dorothy Rideout, Mary Hart, Hal and Tina Torman, Sally and Roy Grindall, Michele and Nathaniel Williams, Emerson Tucker, Brian Denham, Carolyn Sylvester, Eileen Barrett, John Wood, Linda Phillips, Doug Cowell, Roger Lessard, Vinnie Cameron, Steve Perry, Peter Hodges, Pam Corcoran, Barbara Webb, Deedee Ahearn, Joel Thornton, Joe Bilieki, Bill Hughes, Frank and Clare Hadley, James and Donna Blomley, Patricia Gottwald, Laurie Ann Sylvia, Bridget Coulter, Sylvia Vaccaro, Jeanne Foti, Allan Ames, R. Soli, Stephen Kazanjian, Dave Billard, Thomas Ryan, Ralph Colorusso, Robert Nordstrand, Attorney Mark Favalaro, Attorney Ken Barna, Andrew Herlihy, Phil Pacino, Dan Ensminger. Reports and Comments Selectmen's Liaison Reports and Comments - Vice Chairman Matthew Cummings noted that he attended the School Committee Meeting informational session. There is a $2.5 million differential that will need a debt exclusion. Selectman Gail Wood noted that she saw "Hello Dolly" and highly recommends it. Chairman Camille Anthony noted that she was very disappointed that the road debt exclusion didn't pass. Selectman George Hines noted that there was an anonymous letter list copied in the packet that was extremely degrading and was a personal attack. He also noted that the letter rambled and made no sense and that person was a coward for not signing the letter. Public Comment — John Wood of 213 Pleasant Street indicated that he has concerns regarding the proposed Downtown improvements; i.e., closing off of Lowell Street. He feels that it might be tough for trucks to make the sharp left turn onto Main Street. He suggests barricading the road for practice before malting any permanent changes, and will follow up with a memo to the Town Manager. Town Manager's Report The Town Manager gave the following report: Action Items ♦ The Board of Selectmen has in their packets this evening a proposed amendment to the Zoning By-Law and Map. These are the Articles that were approved at the Special Town Meeting in October but the newspaper failed to publish the notices of the hearing. A Special Town Meeting will be needed to re-approve these articles. Board of Selectmen Meeting—November 6, 2002 —Page 2 A motion by Wood seconded by Hines to refer the proposed Zoning By-Law amendment and Zoning map amendment for the Planned Unit Development to the CPDC for a hearing was approved by a vote of 4-0-0. ♦ MHD called today. From each community, they would like three municipal representatives on the task force plus one "citizen" representative. The first meeting will be on November 21st, at 7:00 p.m. in either Stoneham or Woburn (the last meeting on the project was in Reading). The meetings will be rotated among the communities and would we like to be able to get back to MHD tomorrow with our representatives. I would suggest perhaps ♦ One or two members of the Board of Selectmen; ♦ One member of the CPDC; ♦ If one member of the Board of Selectmen, then perhaps one member of staff — Town Engineer or Town Planner. For a "citizen" representative, I would suggest one member of the 128/93 Advisory Committee who is not a member of THAG or PRESERVE since both groups will already be represented on the Task Force. ♦ The Board of Selectmen has in their packet this evening the RFP for the sale of the property on Governors Drive for affordable housing. We would like to get this RFP out as soon as possible so if the members of the Board of Selectmen can get back to me with any comments by the end of the week, we will finalize it and get this out. We will do a separate and simpler RFP out for the abutting 10' parcel of land. Construction ♦ The Hearing on Downtown improvements was held on October 23rd at 7:00 p.m. in the Lecture Hall at the Reading Memorial High School. It was a good hearing with about 60 people present and the comments were positive about the project. Since that time, I have gotten a letter from residents of Linden Street concerned about the closure of northbound Lowell Street in front of the Town Hall, and the effect it would have on diverting traffic onto their street. Additionally, there was a letter in the newspaper about the effect of the project on North Main Street. ♦ Road walks to give residents information about the proposed Road Improvement Debt Exclusion override on November 5th (Question 4) were held last Saturday on Wilson and Manning, and at Berkley, Woburn and Perkins Streets. The ballot question was defeated by approximately 700 votes and staff will be developing a modified Road Improvements Program relying only on expected Chapter 90 funds for the next five years. General ♦ The Board of Selectmen has set aside time for a special meeting at 4:00 p.m. next Tuesday, to address the final documents related to the sale of the landfill if all documentation is ready at that time. ♦ In the last Board of Selectmen packet was correspondence with attachments from a resident, including a part of a deposition from the Superintendent of Schools regarding whether two school debt exclusion issues could be placed in the same question on a ballot. Since that time, Bond Counsel has given an opinion included in the attached memo from Beth Klepeis to the Superintendent, and the Superintendent wanted to make sure that the Board of Selectmen had the latest information. - Board of Selectmen Meetin-- —November 6 2002 —Pao-:e 3 ♦ The last Board of Selectmen Forum on October 30th was very successful—there were a lot of calls, and very good discussion on the need for the Roads Program. --- ♦ The Board of Selectmen should be aware that we have an ongoing Zoning Enforcement issue. The broad issue is a lack of personnel, the specific issue is that neighbors have requested enforcement of zoning on a property at the corner of Middle and Pleasant Streets. We are doing the best we can with our resources to remedy the situation. Selectman George Hines asked if the Building Inspector could set aside time and ask the Police to enforce the Bylaw. The Town Manager noted that the Bylaw states that the Building Inspector will enforce. Selectman George Hines noted that the issue of providing services has to be addressed and if residents don't want to fiend, then this is the consequence. The Town Manager noted that zoning enforcement is very time consuming. He will get a copy of the Building Inspector's schedule. ♦ Recreation Administrator Mark Hyson has resigned effective at the end of the day on November 22. He is taking a job closer to his home in New Hampshire. ♦ A copy of the Open Space Plan has been printed as approved, and the Board of Selectmen have received a copy. The printing was paid for by a grant from ATT through Reading resident Bruce Martin. Discussion/Action Items Discussion on Budszet Process—The Town Manager noted that the departments are level funding expenses except where they know they are going up. They are keeping the salary structure and implementing the Pay and Classification Plan in FY 2004. They are projecting $215,000 in new } growth but are using $450,000. The Town Manager noted that health insurance is going up $620,000 so we are bidding it to see if we can do better. Vice Chairman Matthew Cummings noted that the Selectmen need to meet with the School Committee on their methodology on how to compile the budget. The Selectmen also need to meet with the School Committee regarding debt exclusions they are seeking and cross community programs such as D.A.R.E. Selectman George Hines noted that the School Committee is paying bonuses and vacation buyback, and also noted that they don't have the full grasp of the Town's financial difficulties. Selectman Gail Wood indicated that she wants to hear from the School Committee about the monies they are looking for before hearing pleas from residents. The Town Manager will schedule a special meeting with the School Committee after the Financial Forum. Citizen Request for Stop Sign— Melbourne at Sunn sy ide — Margaret O'Sullivan of 78 Sunnyside Avenue noted that this is a treacherous intersection because it is a cut through to .get to the Depot area. She also noted that there are a lot of children in the area due to the school and park, and feels that a four way stop would eliminate the problems. Board of Selectmen Meeting —November 6. 2002 --Page 4 Mary Duffy of 9 Kensington Avenue noted that her daughter was almost killed at that intersection, and she is requesting a four way stop. Emerson Tucker of 4 Kensington Avenue noted that this is a very busy street and he supports a four way stop. A motion by Hines seconded by Wood to schedule a hearing for a stop sign on Melbourne Street was approved by a vote of 4-0-0. Chair-inan Camille Anthony directed the Town Manager to schedule this hearing for November 26, 2002 at 7:30 p.m. Hearing Tax Classification—The Secretary read the hearing notice. Finance Director Beth Klepeis, Assessor Dave Billard and Board of Assessors Members Thomas Ryan, Ralph Colorusso and Robert Nordstrand were present. Dave Billard reviewed the residential factor. Vice Chairman Matthew Cummings suggested changing the residential factor by a low split for now. Selectman George Hines noted that there is such a small percentage of commercial property that it wouldn't make sense to do that now. The Town Manager noted that changing the residential factor doesn't raise taxes, it just shifts who pays. Dave Billard indicated that he does not recommend changing the residential factor until we have 10% commercial. - Selectman George Hines noted that if the Board is going to consider changing, they should give fair notice to the business community. Dave Billard reviewed the open space discount, residential exemption and commercial exemption. A motion by Hines seconded by Cummings to close the hearing on the tax classification for FY 2003 was approved by a vote of 5-0-0. A motion by Hines seconded by Cummings to adopt a residential factor of"1" for the FY 2003 tax Year was approved by a vote of 5-0-0. A motion by Hines seconded by Schubert to adopt an open space discount on the tax rate for FY 2003 failed by a vote of 0-5-0. A motion by Hines seconded by Schubert to adopt a residential exemption on the tax rate for FY 2003 failed by a vote of 0-5-0. A motion by Hines seconded by Cummings to grant a small commercial exemption for the FY 2003 tax year failed by a vote of 0-5-0. Board of Selectmen Meetin,—November 6 2002 —Page 5 Continued Hearing — Cub Cut Variance — 137 Main Street — Attorney Mark Favalaro was present. The Town Manager noted that CPDC recommends the curb cut with modifications. Attorney Favalaro noted that CPDC approved this on October 28, 2002. His client currently has two curb cuts. He will be creating curbing and will do significant updates on the property. Chairman Camille Anthony asked if the CPDC's recommendations were incorporated in the plan, and Attorney Favalaro indicated that they were. A motion by Wood seconded by Schubert to close the hearing was approved by a vote of 5-0-0. A motion by Hines seconded by Wood to approve the curb cut at 137 Main Street with the condition that the curb cuts on Tarpin Terrace east of the main parking egress and west of the garage, shall be modified to decrease the radius of the cuts and extend the curb as shown on the site plan so that they are similar to curb cuts as shown on the site plan was approved by a vote of 5-0-0. Follow Un on RMLD Governance Advisory Committee Report— Selectman George Hines noted that he watched the videotape of the CAB meeting and he was extremely disappointed with the way they treated the Chairman of the RMLD Governance Advisory Committee. Since they threatened litigation, he moved that the Selectmen have their discussion in Executive Session. Vice Chairman Matthew Cummings noted that he watched the tape and was outraged. He also noted that the Selectmen can choose one or all or none of the recommendations and feels that one can't threaten litigation on a proposal. He noted that there is a misconception that the Town of Reading is at odds with the CAB, and reminded people that what the RMLD does affects the ratepayers. Selectman George Hines noted that the Ad Hoc Committee was not given a chance to make their presentation, and it makes sense to talk about strategy because we are under the threat of litigation. Selectman Gail Wood noted that she listened to the tape, and feels that there is a lack of understanding and fear of being shut out. She feels that shutting them out again won't help — there needs to be open dialogue. Selectman George Hines noted that was baffling because the first phone calls that were made were made to the Chairmen and Town Managers of the other communities and we tried to keep them informed. He also noted that he heard a lot of depredation regarding the 20 year agreement. Hines moved and Schubert seconded to adopt a resolution that the Board of Selectmen have no intention of seeking to change the 20 year agreement and they have every intention on honoring all obligations and request that the other communities honor their obligations Board of Selectmen Meeting—November 6. 2002 —Page 6 Vice Chairman Matthew Cummings noted that the motion could be in conflict of the 20 year agreement. Selectman George Hines noted that since Town Counsel was not present, the motion could be tabled until it can be worded correctly. A motion by Cummings seconded by Wood to table the motion was approved by a vote of 5-0-0. Dan Ensminger, Chairman of the Ad Hoc RMLD Governance Advisory Committee, noted that it might be a good idea to further investigate issues brought up at the CAB meeting regarding Section 56 and Chapter 164. He also noted that people claimed they had partial information and weren't invited. The Town Manager noted that he e-mailed all of the Town Managers and spoke with them personally. Dan Ensminger noted that the CAB was concerned that if the Selectmen appoint the CAB members, then the Town of Reading would have a 3/5 vote. Selectman George Hines cautioned Dan Ensminger as to where he gets the interpretation of Chapter 164 -- he should get it from Town Counsel. Vice Chairman Matthew Cummings noted that Ken Barna (Counsel for the RMLD) has an inherent conflict of interest because he garners millions of dollars of fees from the RMLD. He also noted that the recommendations of the Ad Hoc Committee are balanced and the checks and balances will benefit everybody. Dan Ensminger indicated that more work needs to be done, and he indicated a need for a independent counsel. The consensus of the Selectmen was to have the Ad Hoc Committee continue to get more infonnation, invite the CAB and other communities to a meeting, request a letter from the other communities indicating there is no threat of litigation and Special Counsel will be hired. Vinnie Cameron, Acting General Manager of the RMLD, noted that policies have changed since the forensic audit; i.e., there are no credit cards, zero gifts and petty cash is closed except for payroll or storm related expenses. Vice Chairman Matthew Cummings noted that 18 months ago the Reading Municipal Light Board was in front of the Selectmen asking to give up their authority to sign the warrant. The Light Department's Legal Counsel told the Light Board that they don't have the authority to sign. Vice Chainnan Matthew Cummings noted that you can't make people accountable when they don't want to be. Vinnie Cameron noted that the bill signing is the most important. Vice Chairman Matthew Cummings noted that the Light Board Members didn't want to sign the bill roll and were told by Counsel that they had no authority. Mr. Cameron noted that policies weren't followed but they've been tightened up. Board of Selectmen Meeting—November 6, 2002 —Page 7 - Phil Pacino, Secretary of the RMLB, noted that he has made mistakes. He also noted that the Advisory Committee has made recommendations that the RIVILB will be taking up at their next meeting. He is willing to step aside, if it will make things better. Selectman George Hines acknowledged the improvements that Vinnie Cameron has made. RMLB Chairman Bill Hughes noted that the policies have been circumvented by the former General Manager, and the policies are being followed now. RMLD Governance Advisory Committee Member Doug Cowell noted that the real issue has been clouded by the daily operations which the present Board and Vinnie Cameron have addressed. The problem is the way the system is set up by Chapter 164. RMLB member Andrew Herlihy noted that he had concerns regarding the Ad Hoc Committee. He feels they were malting recommendations in a vacuum because the Light Department wasn't allowed to participate. He also noted that he had concerns about 164 but it is also the basis for the 20 year agreement. Mr. Herlihy noted that the culture has been changed. $3 million has been returned to ratepayers, he supported reimbursing the Town for the audit, he feels Group 4 should be changed, he doesn't think the situation is so bad that drastic changes need to be made, and feels the Town had powers it didn't exercise. Deedee Ahearn asked about the Town Manager and Town Accountant's powers. The Town Manager noted that when he questioned something, he got additional information but unless it was illegal, fraudulent or excessive, there was nothing they could do. RMLD Legal Counsel Ken Barna told him excessive means exceeding their total budget. He relied on the signatures of the Light Board -- he thought they were reviewing the bills. Hearing —Holiday Liquor Sales on Sunday —The Secretary read the hearing notice. The Town Manager noted that the State law provides that package stores can be open. on Sundays around the holidays as long as the licensing authority approves it. Two liquor storeowners have requested this. He knows of no problems. A motion by Hines seconded by Schubert to close the hearing on the sales of liquor on Sundays was approved by a vote of 4-0-0. A motion by Hines seconded by Schubert to approve the sale of liquor beginning on Sunday, November 24, 2002 and continuing Sunday, December 1, December 8, December 15, December 22 and December 29 from the hours of 12:00 noon to 8:00 p.m. in accordance with State law, subject to the premises being in compliance and remaining in compliance with the local Zoning By-Laws with respect to signs and particularly related to illuminated signs was approved by a vote of 4-0-0. --. Mass Highway Task Force — Chairman Camille Anthony noted that Mass Highway is creating a Task Force and looping for participants. Board of Selectmen Meeting —November 6. 2002 — Paae 8 A motion by Hines seconded by Schubert to recommend two Selectmen (George Hines and - Richard Schubert), one member of the Community Planning and Development Commission and one non-affiliate serve on Mass Highway's Route 128/I-93 Task Force was i approved by a vote of 4-0-0. Approval of Minutes A motion by Hines seconded by Wood to approve the minutes of October 22, 2002 was approved by a vote of 4-0-1, with Cummings abstaining. A motion by Hines seconded by Schubert to adjourn the meeting of November 6, 2002 at 10:35 p.m. was approved by a vote of 5-0-0 and the meeting was adjourned. Respectfully submitted, t Secretary