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HomeMy WebLinkAbout2001-12-18 Board of Selectmen Minutes Board of Selectmen Meeting December 18, 2001 The meeting convened at 7:33 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, Selectmen Rick Schubert (arrived at 7:35 p.m.) and Gail Wood, Town Manager Peter Hechenbleikner, Police Chief Bob Silva, Town Treasurer Beth Klepeis, Personnel Administrator Carol Roberts, Town Planner Anne Krieg, Paula Schena and the following list of interested parties: Bill Brown, Gerry MacDonald, Chuck Robinson, Dick McDonald, Pete Dahl, Richard Cohen, Amy Brough, Terrance Jones, Jay Smith. A motion by Cummings seconded by Wood to go into Executive Session for the purpose of discussing strategy with respect to litigation (Pierce Street), strategy with respect to the sale of real estate, update on litigation and approval of minutes to come back into Open Session at approximately 8:00 p.m. was approved on a roll call vote with Hines, Anthony, Cummings and Wood voting in the affirmative. The Board reconvened in Open Session at 8:10 p.m. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Matthew Cummings updated the Board on the RMLD. He noted that the General Manager has been taken out of the bill role approval process. Changes have been made to their hotel policy, they have reaffirmed their alcohol policy, they have revoked the use of all credit cards except for the Data Processing Manager and the Purchasing Manager. Any future credit cards will be issued by the Light Board. Selectman Matthew Cummings noted that the Light Board appointed Allan Ames and Dan Halloran as the representatives on the RMLD Oversight Task Force, and Roger Lessard is the Citizen Advisory Board representative. He also noted that the RMLD had questions regarding a bidding process for the audit, who would pay for the audit and who would be the reporting authority. The Town Manager noted that audit services do not have to be bid. Once the cost is determined, the RMLD can write a check to the Town who will in turn pay the auditor. The Town would be the reporting authority. Selectman Richard Schubert noted that he attended a meeting of the North Suburban Planning Council regarding grant monies for planning. Bill Crowley was present at this meeting and should be contacted regarding continuing as our MAPC representative. Selectman Richard Schubert also noted that he attended the Finance Committee Meeting last night. There was intense discussion regarding the Inspector General's Report. The Finance Committee voted last night to recommend three Finance Committee representatives and two Board of Selectmen representatives on the Oversight Task Force and no RMLD Members. Chairman George Hines noted that the Municipal Light Board is a constitutionally elected board that needs to be part of the process. He also noted that he has an appointment with the Inspector General tomorrow to get back up material. Board of Selectmen Meeting—December 18, 2001 —Paize 2 Public Comment — Dick McDonald, Chairman of the Finance Committee, noted that it was the general opinion that the Finance Committee should have their own review of the RMLD. The Finance Committee feels strongly that the RMLD should not be on the Oversight Task Force. Chairman George Hines noted that this situation needs to be dealt with promptly, and the Selectmen took the appropriate approach in setting up the Task Force. Selectman Matthew Cummings noted that the RMLD participation is valuable especially regarding policies. Town Meeting Member Bill Brown noted that he strongly recommends the Finance Committee recommendation. Gerry MacDonald noted that he feels it is a conflict of interest on the RMLD serving on the Task Force. Selectman Matthew Cummings noted that the meetings will conform to the Open Meeting Law. Discussion/Action Items Approval of Sale of Bonds — Coolidge and Police Station — Town Treasurer Beth Klepeis reviewed the bond information. The Town Manager noted that Beth Klepeis and Town Accountant Richard Foley did a great job assuring the rating industry that we are viable. Selectman Matthew Cummings noted that running a negative cash flow will hurt our ratings in the future. Beth Klepeis noted that management is also being looked at because of the Inspector General's Report indicating that the RMLD policies are not being adhered to. Selectman Matthew Cummings noted that the RMLD significantly impacts our ratings. A motion by Cummings seconded by Wood that all action taken by the Town Treasurer in advertising for public sale of the $1,485,000 Bond Anticipation Note 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 is ratified, confirmed, approved and adopted; That the Note shall be dated as of January 11, 2002 and maturing on January 9, 2003; That the Note shall be issued by means of a book entry system; That State Street Bank and Trust company shall act as Transfer Agent and Paying Agent; That the Note shall bear interest payable at maturity and is hereby sold and awarded as follows: Purchaser Note No. Amount Interest Rate Premium State Street Capital Markets LLC R-1 $1,485,000 2.75 % $12,567.14 That the Town Treasurer is hereby authorized to prepare and deliver a Material Events Disclosure Certificate and the Note to the aforesaid purchaser or purchasers or order against payment in full of the agreed purchase price, was approved by a vote of 5-0-0. Board of Selectmen Meeting—December 18, 2001 —Page 3 A motion by Cummings seconded by Anthony that all action taken by the Town Treasurer in advertising for public sale of the $13,040,000 General Obligation Bonds of the Town authorized under Chapter 44, Sections 7 and 16 of the Massachusetts General Laws and by votes of the Town, and in that connection preparing and distributing a Preliminary Official Statement and Notice of Sale and a final Official Statement, be and hereby is ratified, confirmed, approved and adopted; That the Bonds shall be dated as of January 1, 2002, payable February 1, 2002 and each year thereafter until February 1, 2021 in varying amounts; That they shall be in the denomination of $5,000 or any authorized multiple thereof; That bonds maturing on and before February 1, 2012, either in whole or in part are not subject to redemption prior to maturity; Those bonds maturing on and after February 1, 2013 are subject to redemption at the option of the Town; That the bonds shall be issued by means of a book entry system and that interest shall be paid on February 1St and August 1st, beginning August 1, 2002; That the bid of Corby North Bridge Securities, LLC to purchase the bonds at a price of 100.7087 and interest accrued resulting in a true interest rate of 4.6223% being the best bid received, it hereby is accepted and the Town Treasurer is authorized to deliver the bonds to the said purchaser or order against payment; That the Town Treasurer is authorized to deliver a Continuing Disclosure Certificate and prepare and deliver other documents as is necessary to effectuate the bond sale, was approved by a vote of 5-0-0. Approval of 2002 Licenses — The Town Manager noted that no action is required by the Board because he is authorized to issue these licenses. He also noted that there is a list of licensees in the packet. The licensees with no strike-throughs will be issued their licenses immediately, and those licensees with strike-throughs will not be issued their licenses until all fees owed to the Town are paid. Review of Work Program — Human Relations Advisory Committee — Personnel Administrator Carol Roberts and Vice Chairman of the Human Relations Advisory Committee Terrence Jones were present. Terrence Jones reviewed the programs that the Committee was involved in over the past year. He noted that the Committee is working on a resource and referral guide, and requested that the Board of Selectmen issue a Proclamation in support of tolerance and diversity. There will be a series of community dialogue beginning on March 7, 2002. Mr. Jones noted that the Committee wants to support the METCO Program and perhaps push the State for more funding. Chairman George Hines asked how a person could contact the Committee if they had an issue. Mr. Jones noted that the Committee meets the second Thursday of the month at the Police Station at 7.30 p.m. Personnel Administrator Carol Roberts noted that the agendas are posted on the website and a person can leave an e-mail for the Committee if they wish. Board of Selectmen Meeting—December 18, 2001 —Page 4 Hearing — Establishing Ad Hoc Bicycle Planning Committee - The Secretary read the hearing notice. The Town Manager noted that the Committee would consist of one Recreation Committee Member, one CPDC Member, one Conservation Commission Member, one Selectman and two citizens at large. Town Planner Anne Krieg noted that we are an active participant in a grant program with North Reading for planning of a North Suburban Regional Path. She also noted that the plan is to develop a bicycle route and Haverhill Street is an important component. Vice Chairman Camille Anthony asked if safety will be considered, and the Town Planner noted that safety will be a key component. A motion by Wood seconded by Anthony to close the public hearing establishing the Ad Hoc Bicycle Planning Committee was approved by a vote of 5-0-0. A motion by Anthony seconded by Cummings to adopt the policy establishing the Ad Hoc Bicycle Planning Committee was approved by a vote of 5-0-0. Request to AT&T for Additional PEG Access Channel — RCTV Board of Directors President Richard Cohen and RCTV Executive Director Amy Brough were present. Richard Cohen noted that there is a provision in the Agreement between the Town of Reading and AT&T to provide a third PEG Channel. Amy Brough noted that in March and April, they reached their threshold of 70 hours of programming. They would be able to increase their programming with a third channel, and they are asking the Board of Selectmen for their support. A motion by Cummings seconded by Anthony that AT&T provide a third PEG Channel pursuant to the franchise agreement as soon as possible was approved by a vote of 5-0-0. Follow Up on Parking Enforcement — The Town Manager noted that staff went back and did follow up and a Reserve Fund Transfer of $5200 which would be needed to implement this program now. He also noted that the Finance Committee voted 4-4-1 to approve a Reserve Fund Transfer but it is not binding because there was no application before them. The Town Manager is recommending a Reserve Fund Transfer to move forward with the program, and noted that there will be a labor negotiation issue regarding this matter. Selectman Gail Wood noted that she is in favor of dedicated funding or a Reserve Fund Transfer. Vice Chairman Camille Anthony asked when we will start selling permits. The Town Manager noted that he sent out a letter to businesses and they are waiting for enforcement. Mrs. Anthony asked if we sell permits, will the Police Department ticket with current staff. The Town Manager noted that we cannot commit 18 hours of policing to Downtown ticketing. Selectman Matthew Cummings noted that he wants to know the labor issues before making a commitment. Board of Selectmen Meeting—December 18. 2001 —Page 5 Chamber of Commerce President Jay Smith was present. He noted that there is a lot of sentiment in the business community that they will not pay to park when other businesses don't. He also noted that revenues from the tickets will be adequate to pay for the cost of the Parking Enforcement Officer, and a program without enforcement is not sufficient. Vice Chairman Camille Anthony noted that the Selectmen need to take leadership to enhance the Downtown. Police Chief Robert Silva noted that the last Parking Enforcement Officer was 12 years ago and that program worked very well. Schubert moved and Anthony seconded to recommend that the Finance Committee support a Reserve Fund Transfer to support a Parking Enforcement Officer for the balance of the fiscal year. Wood moved and Schubert seconded to amend the motion to make it dependent on results of labor negotiations. The amendment was approved by a vote of 5-0-0. The main motion as amended was approved by a vote of 5-0-0. Review Affordable Housing Initiatives —The Town Manager noted that Town owned properties on Birch Road, Governor's Drive and Audubon Road were being considered for affordable housing. The property on Birch Road appears to be not feasible at this time. The property on Audubon Road was not a tax possession so it would require Town Meeting action. He suggests holding a public hearing for the property on Governor's Drive. Vice Chairman Camille Anthony asked if the Governor's Drive property was staked for wetlands, and the Town Manager indicated that it was. Selectman Gail Wood noted that there is a lack of drainage on Governor's Drive. Chairman George Hines requested that the Town Engineer determine if the drainage issue can be resolved. The Town Manager noted that the concept is to set up a lot, issue permits so that the Housing Authority could move a house to it and sell it. The Board directed the Town Manager to come back with a determination of the current drainage situation,what impact development would have on it, and solutions to any problems. Discussion—RMLD Involvement in Cable and Internet Access—Selectman Matthew Cummings noted that the RMLD will be conducting a survey to find out if people want them to provide cable and internet access. The RMLD discussed a magnitude of $40,000-$50,000 to start the process. Chairman George Hines noted that the Towns of Lynnfield and North Reading have sent letters to the RMLD requesting them to survey ratepayers. Board of Selectmen Meeting—December 18, 2001 —Page 6 RCTV Board of Directors President Richard Cohen noted that they received revenues equaling 3% and other communities get 5% plus. If the RMLD becomes a provider, they would have to negotiate with the Town. RCTV Executive Director Amy Brough noted that equipment would also be needed. The Board directed the Town Manager to send a letter to the RMLD supporting a survey. Conservation Restriction — Pondview Lane Subdivision — The Town Manager noted that this subdivision has been approved by CPDC and the Conservation Commission. The Conservation Commission is asking the Selectmen to support the grant of the Conservation restriction. A motion by Cummings seconded by Anthony to grant the Conservation restriction on the property at the Pondview Lane Subdivision was approved by a vote of 5-0-0. Approval of Minutes A motion by Anthony seconded by Wood to approve the minutes of their meeting of December 4,2001, as amended, was approved by a vote of 5-0-0. A motion by Anthony seconded by Schubert to approve the minutes of their meeting of December 11, 2001, as amended,was approved by a vote of 4-0-1,with Wood abstaining. A motion by Cummings seconded by Schubert to go into Executive Session for the purpose of labor negotiations and approval of minutes, not to come back into Open Session was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary