HomeMy WebLinkAbout2001-12-11 Board of Selectmen Minutes Board of Selectmen Meeting
December 11, 2001
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 Camille
Anthony, Secretary Matthew Cummings, Selectman Richard Schubert (arrived at 7:35 p.m.),
Town Manager Peter Hechenbleikner, Town Counsel Joan Langsam and Gary Brackett, Paula
Schena and the following list of interested parties: Gerry MacDonald, Attorney Mark Gallant,
Bill Hughes, Karen Epstein, Cathy Martin, Chuck Robinson, Jim Francis, Bill Brown, John
Corbett, Fox 25, Robert Turosz, Joe Veno, Len Rucker, Allan Ames, David Swyter, Daniel
Halloran, CPDC Members Neil Sullivan, Dick Howard and Kathy Greenfield.
A motion by Anthony seconded by Cummings to go into Executive Session for the purpose of
strategy with respect to litigation; strategy with respect to the purchase or sale of real estate;
strategy regarding labor negotiations (Eng/WTP, Police) and approval of minutes to come back
into Open Session at approximately 8:30 p.m. was approved on a roll call vote with Hines,
Anthony and Cummings voting in the affirmative.
A motion by Dick Howard seconded by Neil Sullivan of the Community Planning and
Development Commission voted to go into Executive Session for the purpose of strategy with
respect to litigation not to come back into Open Session was approved on a roll call vote with
Sullivan, Howard and Greenfield voting in the affirmative.
The Board reconvened in Open Session at 8:35 p.m.
Reports and Comments
Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that he met
with the Chairmen of Committees in Community Development and the Town Manager and
Town Planner regarding projects.
Vice Chairman Camille Anthony noted that she attended a meeting of the Audit Committee last
Monday. She received a phone call from a Border Road resident who wants to know what the
process of notification for the interchange project is going to be. The Town Manager will follow
UP with the State.
Public Comment—Gerry MacDonald thanked the Board for a quick response on the stop sign on
Cedar Street and he questioned whether the sign should have been put on Hopkins Street. It was
noted that Cedar Street was the correct street.
Town Manager's Report
The Town Manager gave the following report:
♦ The Town Manager noted that the Board received the Audit Report in tonight's packet. He
'i did a memo on the budget process looking at the revenues and expenses. He noted that the
Town is doing a bond sale tomorrow and he is very concerned about the affect of the RMLD
- article on the bond sale.
Board of Selectmen Meeting—December 11, 2001 —Page 2
♦ The Town Manager noted that the schools are receiving an additional $205,000 in State aid.
They have to spend this money -- it cannot be put into free cash. Matt Cummings asked if
the money could be spent on something that has already been authorized and then return
$205,000 to free cash. The Town Manager will look into it.
Discussion/Action Items
Review Status of Legal Issues — Town Counsel Joan Langsam and Gary Brackett were present.
Joan Langsam noted that they updated the Board on litigation in Executive Session. Ms.
Langsam noted that she is working on the preparation of ballot questions for the Town Clerk; the
Symonds Way land transfer; Wood End Cemetery land transfer; restricting water use from
private wells; transfer of properties to Conservation Commission; Timothy's Place land
donation; Beede Superfund Site in New Hampshire and Police Station demolition and street
acceptances.
The Town Manager noted that the Town did nothing wrong in the Beede Superfund Site. The
Town was one of 50 municipalities that used Beede to dispose of waste oil. Beede did not
handle the materials properly, so now everyone has to pay. The Town of Reading is involved
only minimally because we only sent them 1200 gallons of oil.
Hearin; — 24 Hour Operation at Texaco on Walkers Brook Drive — The Secretary read the
hearing notice. Attorney Mark Gallant was present representing Motiva Enterprises. He noted
that Motiva has made donations to the Veterans' Flower Fund and Reading Food Pantry. The
station is open 24 hours a day as a public convenience.
A motion by Cummings seconded by Anthony to close the hearing on the 24 hour operation at
Texaco on Walkers Brook Drive was approved by a vote of 4-0-0.
A motion by Anthony seconded by Cummings to approve an application for 24 hour sales by
Motiva Enterprises, LLC d/b/a Reading Texaco 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 approval expires at midnight, December 31, 2002;
2. All signs shall conform with the Zoning By-Laws of the Town of Reading;
3. The menu of food to be covered by the Common Victualler's License shall be limited
to those items specified in the license application;
4. The gasoline service station shall, in fact,be open 24.hours a day, seven days a week;
5. The operator will ensure that there is a supply of gasoline available at the station
during all hours that the station is open;
6. The operator will provide gas cans for motorists who run out of gasoline on the road;
7. 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;
8. Bathroom facilities shall be open 24 hours a day.
Board of Selectmen Meeting—December 11, 2001 —Page 3
was approved by a vote of 4-0-0.
Reappoint Town Counsel - Town Counsel Gary Brackett noted that they have delivered services
in a timely and cost efficient manner. Joan Langsam noted that she attends ZBA hearings as a
preventative measure.
Chairman George Hines noted that timeliness of responses is important to him as Chairman, and
there was some lag time when he questioned Town Counsel regarding the removal of a
Commission Member.
Selectmen Anthony and Cummings noted favorable comments about the performance of Town
Counsel.
The Town Manager noted that the letter on Pages 9 and 10 of the handout deals with their
proposal for the next two years. Their proposal is to continue until June 30, 2002 at $100/hour;
July 1, 2002 —June 30, 2003 at $105/hour and July 1, 2003 — June 30, 2004 at $110/hour. The
Town Manager noted that this is a reasonable proposal.
A motion by Anthony seconded by Cummings to appoint Brackett & Lucas as Town Counsel for
the Town of Reading with a term expiring December 31, 2002 was approved by a vote of 4-0-0.
Discussion—RMLD—Chairman George Hines noted that the Inspector General's Office showed
i
up at his work and handed him a report with serious allegations regarding the Light
Department's use of credit cards. He also noted that he requested that the RMLD
Commissioners attend this evening to express their reaction.
Reading Municipal Light Department Chairman Allen Ames noted that he received the report
last night and he is willing to listen to recommendations.
Chairman George Hines noted that there have been attempts by our staff to exercise oversight in
the past and those attempts were fruitless. He also noted that the Light Board was not posted for
this evening so no decisions will be made tonight.
The Town Manager noted that he wanted to correct the comment on Page b of the report. He
noted that when he asked for information from the RMLD, he received it. He also noted that the
only time he could refuse to pay is when there is something unlawful, excessive or fraudulent,
but the argument is that we don't get the back up information with the warrant.
Selectman Matthew Cummings noted that his reaction to the report goes back to the issue of
delegation of signing the warrant. This reinforces that position. He also noted that he wants the
Town Accountant to have the information needed to determine if something is unlawful,
excessive or fraudulent-- and noted that"inappropriate" falls into that category also.
Vice Chairman Camille Anthony noted that the Light Department's attitude has always been that
the Town has no business getting involved. She also noted that there is a lack of oversight, and
that the Town Manager spends his own funds to go to conferences.
Board of Selectmen Meeting—December 11, 2001 —Page 4
The Town Manager noted that the connection between the Town and RMLD is clear when the
Town is selling bonds. He also noted that the first calls we got this morning were from Moody
and Standard and Poors.
Allen Ames noted that there is a need to establish a factual basis. Chairman George Hines
agreed and suggested setting up a Task Force including Selectmen, Finance Committee and
Light Board Members.
Chairman George Hines suggested putting a freeze on the disposal of paper work, unplug the
shredders, suspend out of State travel and not purchase alcohol.
Selectman Richard Schubert noted that there is a clear association between the Town of Reading
and the RMLD. He feels this is an embarrassment to the community, and tarnishes what he is
doing as a volunteer.
Selectman Matthew Cummings suggested engaging the service of an independent audit firm
right away. He would support the Town Accountant not paying any bills if he doesn't get the
information needed.
Town Counsel Gary Brackett suggested having a representative from the Inspector General's
Office at the first meeting of the Task Force to answer any questions.
Light Board Commissioner Bill Hughes noted that he has not been involved in any of the
allegations and that he has not been allowed to view any bill roles in over four years.
Town Meeting Member Gerry MacDonald suggested that the Board include an impartial citizen
who is not a member of a Board, Committee or Commission.
Chairman George Hines indicated that the Task Force will consist of two Finance Committee
Members, two Selectmen, two Light Board Commissioners and one person appointed by the
Citizen's Advisory Board.
Finance Committee Member Jim Francis suggested that the Light Department freeze all
spending. The Town Manager noted that if the Town Accountant and Town Manager don't sign
off on the bill role, the bills won't be paid. There is a process in place for the power bills that
have to be paid.
Joe Veno, Acting Chairman of the North Reading Board of Selectmen, asked to be notified when
the Task Force meetings will take place.
RMLD General Manager Len Rucker noted that he takes the report and comments seriously. He
noted that nothing illegal happened and he will stop all expenditures. He indicated that he has
always given information when asked for.
Board of Selectmen Meeting—December 11, 2001 —Page 5
Chairman George Hines indicated that it is illegal to use municipal funds for the purchase of
alcohol. Mr. Rucker indicated that he feels this is a gray area, but he will stop.
Selectman Richard Schubert noted that the Reading Municipal Light Department is not a private
business and there is a clear difference as to how it should conduct its business.
Selectman Matthew Cummings and Chairman George Hines will serve as the Selectmen's
representative on the Task Force.
Approval of Minutes
A motion by Cummings seconded by Schubert to approve the minutes of their meeting of
November 20, 2001, as amended, was approved by a vote of 3-0-1, with Anthony abstaining.
A motion by Cummings seconded by Anthony to approve the minutes of their meeting of
November 27, 2001 was approved by a vote of 4-0-0
A motion by Cummings seconded by Schubert to go into Executive Session for the purpose of
sale of real estate, labor negotiations and approval of minutes not to come back into Open
Session was approved on a roll call vote with all four members voting in the affirmative and the
Board adjourned the Open Session at 10:25 p.m.
Respectfully submitted,
Ae-
Secretary