Loading...
HomeMy WebLinkAbout2001-01-09 Board of Selectmen Minutes Board of Selectmen Meeting January 9, 2001 The meeting convened at 7:30 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Matthew Nestor, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Matthew Cummings and Sally Hoyt, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Housing Authority Executive Director John Hixson, Town Planner Anne Krieg, Conservation Commission Chairman Nancy Eaton, Open Space Committee Chairman Kim Honetschlager, Historical Commission Chairman Clayton Jones, and the following list of interested parties: Bill Brown, Gerry MacDonald, T. J. Ryan, Douglas Greene, Gladys Montgomery Jones, Ron Boucher, Will Finch, Tom Stapleton, Karen Flammia, Roberta Sullivan, Robert Brown, Wilbar Hoxie, Louise Sandberg, Virginia Adams, Kathy Greenfield, Neil Sullivan, Rick Schubert, Richard Howard, Don Allen and Jim Lee. Discussion/Action Items Station House Restaurant-Jim Lee from the Station House Restaurant was present. He met with the Town Manager and the Assistant Town Manager last Friday. This is a longstanding issue. He is anxious to get his Liquor License back. The Board of Selectmen has not issued the license because the property is not in compliance with the Deed restrictions requiring that the waiting room be opened to commuters. Mr. Lee reviewed his cost of doing business per month keeping the waiting area open as the Selectmen want it, and he claimed that the restaurant would incur losses. Chairman Matthew Nestor asked if the property owner has notified Mr. Lee about this portion of the lease. Vice Chairman George Hines stated that he thinks Jim Lee would have recourse under the lease for an adjustment in the rent. Chairman Matthew Nestor stated that he wanted to review the lease and he asked to be provided with a copy. Selectman Sally Hoyt asked if someone could come in early and open the building. Mr. Lee stated that he has a full-time job and he cannot come in early. The numbers he has represent extra employees required to open the building. Mr. Lee presented the lease and Selectman Matthew Cummings stated that those numbers should be built into their business expenses since the lease requires the facility to be open to commuters. The Town Manager stated that the Town's goal in implementing this aspect of the Deed restriction was to make it unobtrusive on businesses. Mr. Lee stated that Winslow's and Chew Chew's offer waiting room and bathroom facilities. Chairman Matthew Nestor asked Mr. Lee if his understanding was correct -- that he (Jim Lee) wants the Town to assume the cost of opening the waiting room during commuter hours, or to issue full lottery licenses including Keno. He asked for a copy of the lease to be provided to the Town Manager. Mr. Lee stated that the Town never enforced the Deed. Chairman Matthew Nestor stated that Mr. Lee should try to get the Deed restriction removed or comply with its - terms. Mr. Lee asked if the MBTA should be dealing with this issue, rather than the Town. The Town Manager stated that the Town owned the property,not the MBIA. Board of Selectmen Meeting—January 9. 2001 —Page 2 Chairman Matthew Nestor asked Mr. Lee if he has consulted with the owner of the property. We are not renewing the Liquor License until the Deed is being complied with. Mr. Lee asked why doesn't the Town enforce its own regulations. Chairman Matthew Nestor stated that the Board will grant the Liquor License when the terms of the Deed are complied with. Approval of Engagement Letter— Town Counsel — Selectman Matthew Cummings asked about the length of the term -- calendar year versus fiscal year. The Town Manager stated that the Charter is not specific about when Town Counsel is appointed, calendar year or fiscal year. Hourly rates quoted are for the first year. Selectman Matthew Cummings stated that the following two years should be referenced in the Letter of Agreement. A motion by Cummings seconded by Hines to approve the Engagement Letter with Brackett & Lucas with the changes noted, and authorized the Town Manager to sign on their behalf was approved by a vote of 5-0-0. Hearing=Open Space Plan - The Board of Selectmen opened the hearing on the Open Space Committee Plan. Conservation Commission Chairman Nancy Eaton, Open Space Committee Chairman Kim Honetschlager, Historical Commission Chairman Clayton Jones, Town Planner Anne Krieg, Housing Authority Executive Director John Hixson, Don Allen, Gladys Montgomery Jones, Ron Boucher, Will Finch, Bob Brown, Rick Schubert and Dick Howard were present. Open Space Committee Chairman Kim Honetschlager described the open space survey and analysis. 84% of the respondents stated that they support obtaining more open space with additional taxes. The survey showed people had problems identifying where the conservation lands were in Town. The goals of the plan were defined by the survey. The Town is looking for a greater connection of open space. Kim Honetschlager stated that one of the goals was to pass the Community Preservation Act locally, and the only way the group thought the plan's goals could be supported was through passage of the Act. She is looking for feedback and a letter of support from the Selectmen. The Selectmen were asked for their goals on the issue. Conservation Commission Chairman Nancy Eaton stated that they are soliciting comments from other Boards, Committees and Commissions. At the meeting of January 17th, they will finalize the document. Accomplishments are itemized. They are looking for Recreation and Historic Commission feedback, and want to use the plan constructively for grant opportunities. Vice Chairman George Hines asked if we had made progress on the 1995 plan. Nancy Eaton stated that we had. Kim Honetschlager stated that we have a Field Maintenance Program. There is a new field at Symonds Way, and we have acquired Sledge Woods and Marion Woods. r Vice Chairman George Hines stated that in context of the Community Preservation Act, the funding mechanisms were different initially from the final legislation that was handed down. Board of Selectmen Meeting—January 9, 2001 —Page 3 Gladys Montgomery Jones of 483 Franklin Street stated that she reviewed the survey results, and specific questions were asked about increased taxes to pay for open space. It was responded to favorably. The Town Manager asked to see the final draft and then take action in mid-January. Nancy Eaton indicated that it would be placed at the Library. A motion by Hoyt seconded by Hines to close the hearing on the Open Space Committee Plan was approved by a vote of 5-0-0. Chairman Matthew Nestor stated there were two priority issues to address in the Selectmen's letter of support. The first was whether they supported passing the Community Preservation Act locally as a goal of the plan, and the second was whether the Board of Selectmen supports the other elements of the Plan. Hearing - Community Preservation Act — Conservation Commission Chairman Nancy Eaton, Open Space Committee Chairman Kim Honetschlager, Historical Commission Chairman Clayton Jones, Town Planner Anne Krieg, Housing Authority Executive Director John Hixson, Don Allen, Doug Greene, Gladys Montgomery Jones, Ron Boucher, Will Finch, Karen Flammia, Roberta Sullivan, Louise Sandberg, Wilbur Hoxie, Neil Sullivan, Dick Howard, Rick Schubert, Virginia Adams and Kathy Greenfield were present. Town Planner Anne Krieg gave a presentation on the particulars of the Community Preservation Act. Bill Brown of 28 Martin Road asked about the 10% set aside spending requirements. A question was asked how the commercial/industrial surcharge would be distributed. The Assistant Town Manager stated that the Town of Reading only has one tax rate so shifting the burden unequally would not be possible. Bill Brown asked about State matching funds and how would the money be used. Don Allen from the Housing Authority asked about the State matching funds proportion. The Town Manager stated that if the split for CPA was, for example, 40/30/30 among affordable housing, open space and historic preservation, he assumed that the same split would apply to the State funds. Tom Ryan from the Board of Assessors read a statement from Marian Walsh, and he voiced his opposition to a 3% surcharge to fund the CPA. Open Space Committee Chairman Kim Honetschlager stated that the money could be used for open space acquisition. The Town has no such mechanism right now that is consistently funded. Selectman Matthew Cummings asked whether in voting the CPA, was it guaranteed to be in place for five years. The Town Manager stated that it was and can be evaluated after five years. Selectman Matthew Cummings asked about the community being able to decide on exemptions and allocations of funds. Board of Selectmen Meeting—January 9, 2001 —Page 4 Conservation Commission Chairman Nancy Eaton stated that the Community Preservation Committee established by the Act can make adjustments to the percentage allocation. Selectman Matthew Cummings asked about the appointment of the Committee and the appropriating authority. Nancy Eaton stated that the selection of the Committee is determined locally, and the appropriating authority is Town Meeting. Selectman Matthew Cummings asked about the surcharge and whether it would apply to a debt exclusion. The answer to this question needs to be researched. Virginia Adams from the Historical Commission asked what the Town will lose if the Act is not adopted immediately. The Town Manager stated that he wasn't sure and would check on this. Virginia Adams commented that the Town would be at a disadvantage to not act quickly. The Town Manager stated that this is a major policy decision and the Reading way is to have a lot of public discussion and debate prior to making a decision. Rick Schubert from CPDC stated that we need to do education on this item. The Town Manager suggested setting up a Community Preservation Act Study Committee --this is the way we have dealt with major issues in the past. The group could bring it back later in the year after the analysis has been done and the questions have been answered. We can't do the necessary outreach and data collection in six weeks. Rick Schubert suggested that we look at the exemptions through different Boards. Neil Sullivan from the CPDC asked about limits on spending funds for Recreation land--there is an ongoing need cited for ball fields. Nancy Eaton wanted to urge the Selectmen to appoint a study committee. She is concerned about the elderly input into the decision-making process. We need to look at the $100,000 residential exemption on properties. Tom Ryan stated that he thought there were no more than 12-15 elders receiving deferrals on their taxes. Chairman Matthew Nestor stated that the Selectmen have their charge. Bill Brown stated that in an education effort, you might reach 5% of the voters. He would talk about density in Reading and not support. Nancy Eaton stated that this process was developed to mirror Proposition 2%2. This goes to Town Meeting and then goes to the voters for approval. The Town Manager indicated that he had the schedule and would like to draft something for the Board's consideration. We would look to establish a committee which would included different groups. Vice Chairman George Hines asked what groups can offer different viewpoints to be considered. We should solicit from groups with additional perspectives. Board of Selectmen Meeting—January 9, 2001 —Page 5 Vice Chairman George Hines asked about a motion to consider passage of the Community Preservation Act, and if we should bring it to the next Open Space Committee Meeting. Nancy Eaton stated that she wants it put in a letter. A motion by Hoyt seconded by Hines to close the hearing on the Community Preservation Act was approved by a vote of 5-0-0. Sale of"old" Police Station - The Town Manager reviewed his memo to the Selectmen on the "old" Police Station. All options were described, including selling the property as is, and returning money to the Danvers Savings.Bank. Selectman Camille Anthony asked if there would be any active role by the Historical Commission on potential reuses when the delay is enacted. Historical Commission Chairman Clayton Jones referenced the Foster Emerson House. He would suggest a subcommittee of the Historical Commission to work with staff if the Selectmen feel it is appropriate. The Town Manager stated that the appropriate role of the Historical Commission would be to develop features to preserve, help to solicit and assist in evaluating bids. Selectman Camille Anthony asked if the Housing Authority was interested. Don Allen from the Housing Authority asked Housing Authority Executive Director John Hixson to assess the building with another architect. Perhaps three units could go in there. They will know by February 5th or 6th whether they have an interest. The Town Manager stated that he was looking for direction. Selectman Sally Hoyt stated that she favored a bid process to preserve the building. Vice Chairman George Hines stated that we should stay focused. No municipal re-use. Clayton Jones suggested bids be taken until March 30th. The Town Manager suggested earlier in March so that they could be evaluated by March 15th because of the demolition contract. Vice Chairman George Hines wanted a large non-refundable deposit. Selectman Matthew Cummings stated that returning dollars to Danvers Savings Bank is a big incentive. Vice Chairman George Hines stated that we need to ensure the deal is real. Clayton Jones asked if the return of money to Danvers Savings Bank was negotiable. The Town Manager thinks it was a specific part of the approval of the Danvers.Savings Bank project to fund the demolition of the "old"Police Station, and if the Town is not able to carry this out, then we should repay the money. We shouldn't take money under false pretenses. Virginia Adams stated that she doesn't want to make it more difficult by restricting proposals. Selectman Matthew Cummings asked if the Selectmen have the ability to sell the building. The Town Manager will check. Clayton Jones asked about the property as a Recreation/Youth Center. Selectman Matthew Cummings stated that we don't have the resources to entertain that as an option. i Louise Sandberg of 935 Main Street asked if there was no money available for parking, and can we use money from the sale. The Town Manager stated that sale of real estate funds would have to be used. Board of Selectmen Meeting—January 9, 2001 —Page_6 Chairman Matthew Nestor indicated that the Town Manager would prepare the RFP, to be returned so that it can be evaluated by March 15th. The Historical Commission will assist with advertising costs. We are looking for real bids and if there are no real bids, the Historical Commission would remove the demolition delay. The Housing Authority will look at the building and have an answer by February 5th or 6th. Don Allen from the Housing Authority stated that the Town couldn't sell to the Authority but could lease the building. The Town Manager stated that we will make efforts to develop a parking lot. Hearing Gasoline Storage License - Ghazi — Secretary Camille Anthony read the hearing notice. The applicant was not present at the advertised hearing. A motion by Anthony seconded by Hines to close the hearing on a gasoline storage license for Ghazi was approved by a vote of 5-0-0. Conflict of Interest Issue - Chapter 20b for McFadden—Hines Exemption - The Town Manager introduced an application by Brian McFadden. Mr. McFadden works in the Water and Sewer Department, and he wants to be a Field Liner for athletic events. A motion by Hines seconded by Hoyt to grant the 20b exemption contingent upon Mr. McFadden submitting a revised form to the Town Manager where language had been scratched out was approved by a vote of 4-0-1, with Anthony abstaining. Police Chief's Position in Civil Service - The Town Manager updated the Selectmen as to where we are in terms of the Police Chief hiring process. We will have an Assessment Center, and are looking for the Board's endorsement of dropping the multiple choice test in favor of another written component. The Board confirmed this direction. The Town Manager asked the Selectmen to support his participation in the Innovation in Government Award Program as an evaluator. He receives a stipend for the work and this is the reason for the request. It is good for his professional development. A motion by Hines seconded by Hoyt to allow the Town Manager to participate as an evaluator was approved by a vote of 5-0-0. Signing of BAN'S — Selectman Matthew Cummings moved that all action taken by the Town Treasurer in advertising for public sale of the $14,542,000 Bond Anticipation Notes of the Town, authorized pursuant to Chapter 44, Sections 7 and 16 of the Massachusetts General Laws, as amended and supplemented by votes of the Town, be and hereby ratified confirmed, approved and adopted; That the note shall be dated as of January 11, 2001 and maturing on January 11, 2002; That the Note shall be issued by means of a book-entry system; That State Street Bank and Trust Company shall act as Note Registrar, Transfer Agent and Paying Agent; That the Note shall bear interest and is hereby sold and awarded as follows: Board of Selectmen Meeting—January 9, 2001 —Pag_e 7 Purchaser Note No. Denomination Int. Rate Premium E Bond Trade, LLC R-1 $14,542,000 4.00% $43,481 That the Town Treasurer is hereby authorized to prepare and deliver the Note to the aforesaid purchaser or purchasers or order against payment in full of the agreed purchase price. Selectman Sally Hoyt seconded the motion and the motion was carried by a vote of 5-0-0. A motion by Hines seconded by Nestor to adjourn their meeting of January 9, 2001 at 10:07 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary