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HomeMy WebLinkAbout2000-04-18 Board of Selectmen Minutes Board of Selectmen Meeting April 18, 2000 The meeting convened at 7:35 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Secretary George Hines, Selectman Camille Anthony, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen, Attorney Sam Perkins, Public Works Director Ted McIntire, Finance Director Beth Klepeis, Paula Schena and the following list of interested parties: Deborah and Charles Capobianco, Mary and Frank Touserkani, Ruth and David Crispo, Stephen Peters, William J.D. Pike, Mark Delaney and family, Bill Brown, Carolyn Whiting, Nancy Matheson, Gail Wood, Paul Dustin. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman George Hines noted that he received phone calls from residents on George Street. Selectman Camille Anthony noted that she attended her first Eagle Scout Ceremony and it was very nice. She also received phone calls from residents on George Street. Vice Chairman Matthew Nestor noted that he also received phone calls regarding 23 George Street. He wants to hear the tape of the Zoning Board of Appeals Meeting. Chairman Sally Hoyt noted that she attended the dedication 'of the new Police Station. She attended the joint meeting with Selectmen from surrounding communities. The Selectmen had a kick off for the Adopt-An-Island Program early this evening. The Reading Business and Professional Women are having a reception to honor our State Legislators on April 26, 2000. Public Comment — Deborah Capobianco of 20 George Street expressed to the Board of Selectmen her strong disappointment regarding the Zoning Board of Appeals' decision on the 23 George Street development. She feels their decision was too quick — it took the Board of Selectmen eight months to decide. The Zoning Board of Appeals voted when there were still outstanding issues. She noted that there are two conflicting reports from the Fire Department that need clarification, and also noted that the traffic going into this development will be in her driveway. She thanked the Board of Selectmen and asked for their help. Selectman George Hines discussed the possibility of taking legal action or other appropriate action. He was at the Zoning Board of Appeals Meeting for a portion of the meeting, and he noted that the Zoning Board of Appeals were more interested in the needs of the developers than the neighbors' concerns or Board of Selectmen concerns. He asked the Board of Selectmen to support some type of action. He noted that the Zoning Board of Appeals had an inappropriate concern for the developer and they kept bringing up affordable housing. He noted that the Board of Selectmen have supported the Reading Housing Authority, and three units of affordable housing does not justify the impact on the neighborhood. Board of Selectmen.Meeting—April 18, 2000—Pam Vice Chairman Matthew Nestor noted that he wants this issue put on the Selectmen's next agenda. He wants to listen to the tapes of the meeting. He doesn't want to join in litigation but will support a motion supporting the neighbors. Selectman Camille Anthony noted that she attended about 20 minutes of the Zoning Board of Appeals Meeting and had to leave to go to another. She noted that Attorney Steven Ciccatelli made the statement that Reading has done nothing to further affordable housing until he came along. She feels there is a problem with the Zoning Board of Appeals, if they think the Selectmen do not support the Reading Housing Authority. Vice Chairman Matthew Nestor noted that the Selectmen have taken tough votes to support affordable housing in Reading. There are untruths and it is not fair to the Selectmen or to proposals in the pipeline. Chairman Sally Hoyt noted that she has serious concerns about the George Street development. Selectman George Hines indicated that the Zoning Board of Appeals should be invited to the Selectmen's next meeting to discuss this issue. He asked if the neighbors are appealing, and Deborah Capobianco noted that they have met with an attorney. Mark Delaney of 15 George Street noted that the Zoning By-Laws enable the Zoning Board of Appeals to consider the impact on the neighborhood. The Zoning Board of Appeals didn't take time to review the process. Town Manager's Report The Town Manager gave the following report: ♦ Compost Center opened April 1 st and will be opened Friday, Saturday, Sunday and Monday through April, except for Easter Sunday, in accordance with the schedule that is advertised on Channel 22. ♦ Spring Curbside Leaf Collection is the week of April 24th and May 8th on the regular collection day. ♦ The week of May 1st is the Town's Annual Curbside Bulk Waste Collection Program. ♦ The next Household Hazardous Waste Collection Program will be in Reading on May 20th, 9 a.m. to 1:00 p.m. at the Reading DPW. ♦ The CPDC is holding a hearing on amendments to the Zoning By-Laws this Thursday at the Lecture Hall at RMHS. ♦ Selectmen's Forum was not held last week due to lack of a quorum. * The Board of Selectmen held a joint meeting with neighboring Boards of Selectmen last Tuesday. ♦ The County Assessment has been eliminated effective next year. ♦ Based on a complaint, the Town has been ordered to produce the 1984 and 1985 tapes of the Board of Selectmen Meetings in written form. Due to the volunteer efforts of Nancy Eaton, we have begun this process. Board of Selectmen Meeting—April 18 2000—Page 3 It is estimated that it should be completed within one year, and I have informed the District Attorney's Office of that schedule. ♦ Federal Census forms have been mailed out. It's not too late to respond. ♦ The Town is beginning the process of soliciting volunteers to fill a number of positions—information is available in the Town Clerk's Office, including a list of the Boards/Committees/Commissions and an application form. There are several current vacancies. s Bids for the Mill and Short Street sewer project have been awarded with construction taking place this Spring. ♦ The new Police Station was dedicated on April 8th. I was delighted to see so many residents show up for the tours, and I understand the Department is considering making these tours an annual event. Personnel and Appointments Leal Services Review Team—The Town Manager noted that Richard Schubert doesn't have the time to serve on the review team so Jonathan Barnes is requesting to take his place. On motion by Anthony seconded by Nestor, the Board of Selectmen placed the following naive into nomination for one position on the Legal Services Review Committee representing the CPDC: Jonathan Barnes. Mr. Barnes received four votes and was appointed. Discussion/Action Items Action re: 6 1 A—Spence Farm—The Town Manager noted that Spence Farm went on the market about one and one half years ago. Chapter 61A gives the Town right of first refusal. The Town did not exercise its right to purchase the property. Marriott is now asking for a lower price which starts a new 120 day period. They are requesting a letter stating that we will not be exercising our right to purchase. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to not exercise the Town's right of first refusal for the sale of Spence Farm at a price of$1,550,000. The motion was approved by a vote of 4-0-0. Final Report Police Station Building Committee — Paul Dustin, Chairman of the Police Station Building Committee, noted that in 1997 the Board of Selectmen appointed the Police Station Building Committee. In March 1998, Town Meeting approved the $4.4 million for construction of the new Police Station. There was a month delay in construction because of ledge. The new Police Station was dedicated on April 8, 2000. The substantial completion cost is $4,459,482 which includes $60,000 for communication equipment that wasn't originally planned for. He acknowledged Donham & Sweeney, Daedalus, Town staff, the Police Station Building Committees, the Reading Police Department and the Town Manager's Office. The Board of Selectmen thanked Paul Dustin for all of his work. Board of Selectmen Meeting—_April 18, 2000—Pam Review of Sprint Settlement — Town Counsel Ted Cohen and Attorney Sam Perkins were present. Attorney Sam Perkins noted that the Town was being sued by Sprint because it would allow Sprint to put antennas on the Water Tower and there were already two companies up there. Attorney Perkins noted that the law does not allow the Town to use health affects in their decision. The Town wants to make sure that the power levels are as low as possible so they negotiated lox's lower than the Federal limit. The Town will hire consultants at Sprint's expense to monitor the power levels. Sprint's operations will not produce any additional noise. Sprint's antennas must be adjusted within 10 degrees of vertical. The Town can choose not to renew Sprint's license if credible scientific research on the effect of cell transmissions shows negative effects on humans. Vice Chairman Matthew Nestor noted that this is not what the majority of the Board of Selectmen want but the law says they have no choice. He noted that it is frustrating to have Federal officials passing laws that takes control away from local authorities. Carolyn Whiting of 17 Chestnut Road noted that she doesn't think 1110 of the power is safe and she is disappointed with the Board of Selectmen. Selectman Camille Anthony asked about the leases for the control units. Town Counsel H Theodore Cohen noted that the antennas do not need to go out to bid but the equipment shelter does need to go out to bid. Selectman Camille Anthony asked if we could make the companies get off the tower because we didn't go out to bid, and Town Counsel answered no. ............ Nancy Matheson of 27 Auburn Street indicated that she is disappointed and asked if the Town looked at putting them elsewhere. Vice Chairman Matthew Nestor noted that there is a problem with engineering. They have to be located on the highest point in Town. If we force them down, then we would have to find two locations for them and build the towers and the Town doesn't have the money to do that. Ms. Matheson suggested putting them towards the highway on the billboards, and also noted that the new sidewalks in the neighborhood are only in front of the Water Tower. The Town Manager noted that the plan was to do Beacon and Chestnut also but the road paving was more than anticipated. On motion by Hines seconded by Anthony, the Board of Selectmen voted to settle the litigation pending in the United States District Court for the District of Massachusetts as Civil Action No.98CV 12370RCL, entitled Sprint Spectrum L.P., v. The Town of Reading ems, by entering into a License Agreement with Sprint Spectrum substantially in the form presented to the Board of Selectmen at its meeting of April 18, 2000, for the installation of antennas and related equipment on Town property, and by authorizing the execution of such other settlement documents and releases as shall be approved by Special Counsel to the Town and Town Counsel; provided, however, that consummation of this settlement and the License Agreement are subject to compliance with the applicable provisions of the Uniform Procurement Act or any other bidding requirements, and that Sprint Spectrum is selected to be such Licensee pursuant thereto. The motion was approved by a vote of 4-0-0. Board of Selectmen Meeting—April 18, 2000—Page5 Hearin — Water/Sewer Rate — Secretary George Hines read the hearing notice. The Town Manager noted that every Spring the Selectmen set the water and sewer rates. The new rates begins with the bill of August lst. The Town Manager noted that customers are asking for more frequent billing and the Water and Sewer Advisory Committee has some options for that. Water and Sewer Advisory Committee Chairman Gail Wood noted that the Selectmen have never formally adopted a stabilization policy, yet there is always money left over to be used for an emergency. She noted that the Water and Sewer Advisory Committee wanted this hearing before Town Meeting because the options for more frequent billing will cost more money. She noted that billing Option C will increase the water by$.7 and sewer by $.9. The Town Manager noted that people would rather be billed more frequently because it is easier to budget. The remote reading system will be in place in four years. The remote system is reading by driving down the street; it is less labor intensive but there are capital costs. Vice Chairman Matthew Nestor asked what the increase would mean to the average taxpayer. Public Works Director Ted McIntire noted it is about$12.60 per year. Finance Director Beth Klepeis noted that she recommends bimonthly billing, and the Collector's Office can still collect in the same fashion. When the Town goes to monthly billing, then the discount and billing system will have to change. Extra money for postage will be needed and the bills would be sent out on the 15th of the month so it not at the same time as the real estate bills. Vice Chairman Matthew Nestor asked if Option C would create more work. Finance Director Beth Klepeis indicated that there might be more people coming to the windows but the staff could absorb it. A lot of people use the white mail box in the parking lot. Water and Sewer Advisory Committee Chairman.Gail Wood noted that when the billing goes monthly, it will decrease DPW personnel when the system is fully remote. Public Works Director Ted McIntire noted that if the Selectmen decide to go to bimonthly, they will have to add $22,000 to capital to purchase a vehicle and $3980 for finance support. The Water and Sewer Advisory Committee does not recommend taking money out of the reserve fund to cover the increased expenses. Vice Chairman Matthew Nestor asked how much is in the reserve fund now and Public Works Director Ted McIntire noted the balance in the water reserve fund is $782,577. Water and Sewer Advisory Committee Chairman Gail Wood noted that the MWRA joining fee could be around$3 million and the Water Treatment Plant will need work. Vice Chairman Matthew Nestor noted that those are all capital costs, and a stabilization fund has been created without the Selectmen's approval. He feels that $800,000 is too much to have in the reserve fund. Selectman Camille Anthony noted that she considers this a savings account, and that rate payers need a steady rate. Board of Selectmen Meeting—April 18, 2000—Page6 Vice Chairman Matthew Nestor noted that the Board of Selectmen should vote on a policy for a stabilization fund and set up how much money and how to spend it. The Town Manager noted that the Town is in the processing of hiring a consultant who will make recommendations. Vice Chairman Matthew Nestor noted that he would vote against bimonthly billing because it will create more work and he can't see paying an extra$12/year for additional bills. Selectman George Hines asked if there is a downside to taking the cost out of the reserve fund. Water and Sewer Advisory Committee Chairman Gail Wood noted she didn't see anything wrong for this year. Rates would go up next year but not dramatically. Vice Chairman Matthew Nestor noted that $1.2 million is too much money to have in the stabilization fund. Selectman Camille Anthony noted that the upcoming MWRA buy in costs and Water Treatment Plant will go into the water rates and there will be a dramatic increase in the water rate. She would rather have money set aside to go towards offsetting a big increase. Selectman George Hines indicated that he is advocating for bimonthly billing, and to pay for the expenses out of the reserve fund. He also suggested having the study done and establishing a policy for the stabilization fund. On motion by Hines seconded by Anthony, the Board of Selectmen voted to close the public hearing on setting the FY 2001 water and sewer rates. The motion was approved by a vote of 4-0-0. On motion by Hines seconded by Anthony, the Board of Selectmen voted to adopt a policy for billing every two months. Move that the Board of Selectmen set the FY 2001 water and sewer rates as follows: Water- $3.56 per 100 cubic feet effective with the bill of August 1, 2000 with a minimum every two month bill of$7.12 per billing period. Sewer- $5.47 per 100 cubic feet of water used effective with the bill of August 1, 2000 with a minimum every two month bill of$10.94 per billing period. The motion was approved by a vote of 3-1-0, with Nestor opposed. Appointment of"Last Night" Steering Committee — On motion by Anthony seconded by Hines, the Board of Selectmen placed the following name into nomination for one position on the "Last Night" Steering Committee: .Mary Williams. Ms. Williams received four votes and was appointed. Board of Selectmen Meeting_April 18, 2000—Page 7 Discussion re: Perambulation of Boundaries — The Town Manager noted that the State requires the Town to perambulate the boundaries, and he needed volunteers to do this. Selectman Camille Anthony and Vice Chairman Matthew Nestor indicated that they would like to go. George Hines noted that he would like to go if it could be scheduled for a Sunday afternoon. Paula Schena will check with Ben Nichols from the Land Bank Committee and schedule this for a Sunday afternoon. Review Town Meeting Warrant Articles — The Town Manager noted that the Selectmen needed to vote on Article 13. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to support the subject matter of Article 13 of the Annual Town Meeting Warrant. The motion was approved by a vote of 3-1-0, with Hines opposed. Approval of Minutes On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the minutes of their meeting of March 28, 2000. The motion was approved by a vote of 3-0-1, with Hoyt abstaining. On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes of their meeting of April 4, 2000. The motion was approved by a vote of 3-0-1, with Nestor abstaining. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the - minutes of their meeting April 11, 2000, as amended. The motion was approved by a vote of 4-0-0. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to adjourn their meeting of April 18, 2000 at 10:05 p.m. The motion was approved by a vote of 4-0-0. Respectful submitted, . e Sec eta 7 "'