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HomeMy WebLinkAbout2000-09-05 Board of Selectmen Minutes Board of Selectmen Meeting September S, 2000 The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Matthew Nestor, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Sally Hoyt and Matthew Cummings (arrived at approximately 8:10 p.m.), Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Fire Chief Don Wood, Town Accountant Richard Foley, Finance Director Beth Klepeis, Town Planner Anne Krieg, Paula Schena and the following list of interested parties: Bill Hughes, Joe Gatta, Eric Blackman, Len Rucker, Dave Swyter, Bill Burditt, Phil Pacino, Alan-Ames, Ken Barna, Deirdre Lawrence, Bob Cummings, Dana Hennigar, John Daly, Clayton Jones, Louise Sandberg, Virginia Adams, Wilbar Hoxie, Mark Cardono, Jerry Kaper, Sharlene Santo, Don Cowan. Discussion/Action Items Bade Pinning Ceremony — Firefighter Eric Blackman — Fire.Chief Donald Wood and Fire- fighter Eric Blackman were present. Chief Wood noted that Eric Blackman is a transfer from Gloucester. In lieu of family, Chief Wood pinned the badge on Firefighter Blackman, and the Board of Selectmen congratulated him. Report — Reading Business Park — Assistant Town Manager Russell Dean gave a report on the Business Park schedule and indicated that everything is on schedule. He noted that Walkers Brook Crossing is being considered as a name for the Business Park, and also noted that the due diligence period began on July 18, 2000; an access agreement was signed on August 18, 2000; CPDC held a public hearing on August 21, 2000 and the due diligence period ends on October 21, 2000. Selectman George Hines asked what the element of risk is with the access agreement. The Town Manager noted that it gives Dickinson the right to go on site but not to bring in fill. The Town Manager noted that he had met with D.E.P., and they have no problem with the proposed schedule. Review RMLD Bill Approval Process with Light Board — Town Counsel H Theodore Cohen, Light Department General Manager Len Rucker and Light Board Members Dave Swyter, Bill Hughes, Bill Burditt, Phil Pacino and Allan Ames were present. Reading Municipal Light Department's Counsel Ken Barna and Deirdre Lawrence were also present. The Town Manager noted that there is an issue regarding the process to sign off on RMLD bills. The Town Manager is authorized to sign off for the Town and schools. The Light Department has to have the signatures of a majority of the Light Board Members on their bill role. He met ........... with Len Rucker, Richard Foley and Town Counsel H Theodore Cohen to resolve the problem to no avail. The Department of Revenue stated that the three signatures are required and to change that, the Charter will have to be amended. Board of Selectmen Meeting—September 5, 2000—Page 2 Light Board Member Phil Pacino noted that he is looking for the lowest cost solution to the -- problem. He also noted that there is an extensive series of steps before the bills go to the Commissioners, and the bill role had to be Federal Expressed to him while he was on vacation. General Manager Len Rucker noted that there are valid arguments on both sides, and the timeframe for the turnaround on the bills is driven by penalties. Town Counsel Ted Cohen noted that the RMLD can do what they want with the payroll but the statute for the bill role requires a majority of the Commissioners. The Department of Revenue insists on the same unless the Town Charter says differently. Counsel for the RMLD doesn't agree with this. There will have to be an amendment to the Town Charter or go to court for a ruling. Selectman Camille Anthony asked if the RMLD wants a Charter change for just the General Manager to sign or one Board Member also. Light Board Member Phil Pacino indicated that it was for the General Manager and one Board Member. Town Accountant Richard Foley suggested that maybe the Department of Communications and Energy could render an opinion. Attorney Ken Barna noted that the Department of Communications and Energy doesn't have jurisdiction in this area. Light Board Member Bill Burditt noted that he never had to sign warrants when he was a Selectman, and he feels the Light Board Members should not have to either. Selectman George Hines noted that the RMLD has been around for a long time and asked why there is a problem all of a sudden. Light Board Member Phil Pacino noted that it has always been a problem and it has been dealt with, but it is a different world today than it was 10 years ago. Attorney Ken Barna noted that there has to be a quicker turnaround with payments since deregulation. Selectman George Hines noted that he would support a Charter change for the General Manager and one Board Member to sign. Light Board Member Bill Hughes noted that he feels he owes the responsibility to keep a hand on the checks and balances of the RMLD. He suggested having one member designated for six months to one year, and then rotate to another Board Member. Light Board Member Allan Ames noted that the West Boylston decision indicates that the Light Board cannot stop something that has been approved by the General Manager. Selectman Matthew Cummings arrived at approximately 8:10 p.m. Light Board Member Dave Swyter stated that he thinks the Board of Selectmen should do the same and appoint one of their members to sign the bill roles. Board of Selectmen Meeting—September 5, 2000—Page 3 Hines moved and Hoyt seconded to direct Town Counsel, Town Manager and Town Accountant to develop language for an Article on the Subsequent Town Meeting Warrant that will allow the General Manager and one Board Member to sign the bill roles. The motion was approved by a vote of 4-0-1, with Cummings abstaining. Trust Fund Commissioners re: Hospital Trusts — Finance Director Beth Klepeis, Trust Fund Commissioners Bob Cummings, Dana Hennigar and John Daly were present. Selectman Camille Anthony noted that there appears to be needs for senior citizens and the quality of life for citizens in the Town. She asked if the trust funds can be made available to fund the well being of the public health. Commissioner of Trust Funds Chairman Bob Cummings noted that the hospital trust funds were established by three separate wills that have language that are virtually identical. They provide funds to the Town to build a hospital and in lieu of a hospital the income can be used to defray hospital costs for indigent citizens. The Town is not allowed to pay doctor bills -- only hospital bills. The Commissioners got permission to utilize the income to provide transportation and home health care. He also noted that there is a tremendous need in the Town for these services, and the Commissioners would welcome any ideas to help people who don't have the funds. Selectman Sally Hoyt noted that the three wills address the same issue that the hospital trust funds must be used for needy residents in the Town of Reading to defray medical expenses and provide transportation. Selectman Camille Anthony noted that we are taking a reactive approach to people who are ill. She feels we should be doing preventative measures, and noted that the Health Department could do a lot more if they had funding. Trust Fund Chairman Bob Cummings noted that the Commissioners have to stand by the intentions of the people who drew up the wills. The funds are for a hospital or hospital care. The purpose of those wills will be carried out. Town Counsel Ted Cohen noted that amended provisions can be used with approval from the Commissioners but they have to be for needy residents. Selectman Camille Anthony noted that the trust fund has grown from $3.269 million in FY `96 to $3.381 million in FY '00, and asked if the amount of money was going to keep growing. Trust Fund Chairman Bob Cummings noted that when the trust fund was first set up, he thought the chances of a hospital being built in Reading was zero. He noted that the health care system is failing and nobody knows what we will have 10 years from now, and that a surgeon center could be built with the money that is in there now. Selectman Matthew Cummings noted that there is a need to make a conscience decision as to what we are going to do, or accept the fact that it is impractical to carry .out the wills. He suggested not spending the money and save for a hospital or surgeon center. Board of Selectmen Meeting—September 5, 2000—Page 4 Chairman Matthew Nestor asked if the money could be used for a needy person who needs prescription drugs. Town Counsel Ted Cohen noted that the Attorney General oversees all trusts in the State. The last time it was modified, the Trust Fund Commissioners had created a study committee. Selectman Matthew Cummings asked how to reconcile the needs of the community that are going unmet. Trust Fund Chairman Bob Cummings noted that depends on the needs of the community. Selectman Matthew Cummings noted that prescription drugs are a need. Bob Cummings noted they could look at prescription drugs but not necessarily proactive uses. The Board of Selectmen directed the Commissioners of Trust Funds to begin another study to find out the needs of the community, and to look at payment of prescription drugs and the funding of proactive measures in the community. The Commissioners of Trust Funds will report back to the Board of Selectmen. Historical Commission re: Designation of Historical Sites — Historical Commission Members Clayton Jones, Louise Sandberg, Virginia Adams, Wilbar Hoxie, Mark Cardono, Jerry Kaper and Sharlene Santo were present. Selectman George Hines noted that he had concerns that property doesn't become important as a historical object until a project is proposed. He thinks that property, owners should know in advance that they are dealing with historical property. Historical Commission Chairman Clayton Jones noted that the Town started an inventory in 1980. In 1995, Town Meeting approved the Demolition Bylaw that allows the Historical Commission to work with the property owner if it is on the registry. When the Building Inspector gets a permit application, he notifies the Historical Commission. Selectman George Hines asked if Pearson is on the inventory and it was noted that it is now. Clayton Jones noted that it was not the plan of the Commission to derail the Pearson project but only to put it on the inventory, and also noted that the Historical Commission is constantly reviewing the inventory. Phil Vaccaro's building was on the list and should not have been a surprise. Clayton Jones noted that if a building is put on the inventory at the time of the demolition, it's probably not worth the demolition delay. Virginia Adams noted that Addison-Wesley is a whole new entity — "recent past." She also noted that if we loose remnants of everything in a 100 year period, there will be no memory of what existed. Selectman Camille Anthony asked if we notify owners when buildings change ownership. Virginia Adams noted that we do not. The Town Manager suggested tagging the information to a parcel and putting it on the appropriate records. Virginia Adams noted that "At Wood End" has been reprinted, and is for sale at Town Hall and the Library. Board of Selectmen Meeting September 5, 2000—Page 5 The Board directed the Historical Commission to work on a trigger system, and to focus on non- residential property. Hamden Yard Continued Hearing— Secretary Camille Anthony read the hearing notice. The Town Manager noted that there was concern that we lost more parking spaces than originally planned but we didn't. The issue now is long term versus short term. He suggest making the spaces closest to Danvers Savings Bank two hour parking and the rest all day parking. He would like to sign and permit the all day parking spaces from 8:00 a.m. to 5:30 or 6:00 p.m., Monday through Friday. Don Cowan, owner of A Plus Printing, noted that we have the correct number of parking spaces at this location. He does not want parking regulations until the old Police Station is torn down. People do not know they can park all day at the old Police Station -- they think it is a two hour parking lot. Selectman Matthew Cummings noted that he would rather do something when the old Police Station is taken down, and would like to see all night parking permitted instead of all day parking. The Town Manager noted that 15 spaces can be laid out at the old Police Station. The owner of the Healing Connection was present. She noted that plowing in the Winter is awful --businesses need a place to park. She would like to keep it unregulated at this time. Selectmen George Hines noted that the primary cry was for the customers, and he thinks this is a good compromise. Selectman Camille Anthony indicated this is a good compromise, and she supports the plan as proposed. Selectman Matthew Cummings indicated he would like to have permit overnight residential parking. Chairman Matthew Nestor noted that he didn't have a problem holding off until the old Police Station is demolished. On motion by Cummings seconded by Hines the Board of Selectmen voted to close the hearing on parking regulations for the Hamden Yard Parking area. The motion was approved by a vote of 5-0-0. On motion by Cummings seconded by Hines, the Board of Selectmen voted to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Artilce 5, Section 5.4.2: "TWO HOUR PARKING," 8:00 a.m. to 5:00 p.m. at the Hamden Yard Board of Selectmen Meeting—September 5, 2000—Page 6 Parking Lot in the areas designated in the plan submitted at the September 5, 2000 Board of - Selectmen Meeting. The motion was approved by a vote of 3-2-0, with Cummings and Nestor opposed. Review Land Taking Issue — Possible STM Zoning Article — Pearson - Town Planner Anne Krieg was present. She noted that the change is because when Tambone's land is taken to widen the road, the building will be non-conforming. The zoning article will provide a status quo if the building burns down--then it can be rebuilt in the same footprint. The Town Manager noted that this is an administrative process to refer the zoning amendment back to CPDC. He also noted that Addison-Wesley is also asking for an article accepting the street. Town Counsel does not recommend this until the street is constructed. On motion by Cummings seconded by Hines, the Board of Selectmen voted to refer the proposed amendments to Section 6.3.1.1a and Section 6.3.4 of the Zoning By-Law as included in Anne Krieg's memo received August 25, 2000 to the CPDC for hearing and consideration prior to the closing of the Warrant for the Subsequent Town Meeting of November 13, 2000. The motion was approved by a vote of 5-0-0. Chairman Matthew Nestor left the meeting at 10:00 p.m. Review Special Town Meeting Warrant - The Town Manager noted that all of the Articles for the Special Town Meeting are related to the landfill. He reviewed the outline of the Warrant. Selectman Sally Hoyt left the meeting at 10:02 p.m. On motion by Cummings seconded by Anthony, the Board of Selectmen voted to endorse Articles 4, 5, 6 and 7 of the Warrant for the Special Town Meeting to be held on September 11, 2000. The motion was approved by a vote of 3-0-0. Initial FY 2002 Budget Discussions — The Town Manager noted that this is the initial FY2002 budget discussions. Town Accountant Richard Foley noted that the revenue forecast for 2002 is preliminary and subject to change. A growth of 2.5% in property taxes allows for an increase of $200,000. Motor excise and interest earnings could increase. The Town Manager noted that there are some FY 2001 budget problems that the Board should be aware of. Technology expenses is under $2,000; legal expenses (Special Counsel) is under $5,000; fire salaries is under $25,000 due to staffing levels and overtime; it is unknown what building maintenance and school legal and SPED will be needing. The Town Manager noted that the FY 2002 budget includes the following: ♦ Expected increases in trash collection of$150,000 based on discussion with vendors; ♦ Expected increases in employee benefits; ........... ♦ Expected increases in debt service; ♦ $800,000 in capital appropriations; ♦ Expected fuel increases; Board of Selectmen Meeting—September 5, 2000—Page 7 ♦ 2% step increases for eligible non-union employees; ♦ Current union contract requirements; ♦ No COLA provisions for non-union employees; ♦ No increases for school, building maintenance budgets and voke assessments (wait for school process). The Town Manager noted that DPW has the biggest increase and General Services has the smallest -- departments will be very constrained. He noted that the Town should evaluate charges to the enterprise funds; i.e., charging some of the Assistant Town Manager's time on the water supply issue. He also suggested charging legal costs to recover fees and charge design costs to Chapter 90. The Town Manager noted that the following scenarios could be used to address the budget shortfall: ♦ "Hunker down" and make due this year without an override in anticipation of new revenues in "03; ♦ Pull the capital out of the budget and do an override for the capital items; ♦ Implement PAYT. Selectman George Hines noted that he is attending the Solid Waste Advisory Committee Meeting on September 13 regarding PAYT. Selectman Camille Anthony noted that there was an article in the Northwest Weekly which noted that a lot of communities are doing PAYT. This has also helped to reduce tipping fees. She also noted that she is against cutting capital plans out of the budget. Selectman George Hines suggested doing an override for capital and if it fails, do cuts elsewhere in order to pay for it. Selectman Camille Anthony indicated she didn't think the climate for an override has changed. Selectman Matthew Cummings noted that if there was a special item on the capital plan, he could see doing an override but regular capital shouldn't be cut. He also noted that he sees a huge capital increase for school buildings. The Town Manager noted that these issues will be discussed at the Financial Forum on either September 18th or September 27th. On motion by Cummings seconded by Anthony, the Board of Selectmen voted to adjourn their meeting of September 5, 2000 at 10:52 p.m. The motion was approved by a vote of 3-0-0, and the meeting was adjourned. Respectfully submitted, 4 Secretary