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HomeMy WebLinkAbout2000-10-24 Board of Selectmen Minutes Board of Selectmen Meeting October 24, 2000 The meeting convened at 7:35 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Matthew Nestor, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Sally Hoyt and Matthew Cummings, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H. Theodore Cohen, Finance Director Beth Klepeis, Paula Schena and the following list of interested parties: Stephen Crook, Ken Tucci, Jonathan Barnes, Tom Ryan, Bob Nordstrand, Ralph Colorusso, Dave Billard, Gary Brackett, Elaine Lucas, Joan Langsam, Rod Hoffman, Barry Fogel, Cheryl Blaine. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Sally Hoyt noted that she attended a ZBA Meeting regarding the comprehensive permit for 45 Beacon Street. She also attended the Financial Forum and congratulated Fred Van Magness for facilitating. She congratulated the Reading Garden Club for winning the Silver Cup for community beautification, and noted that she is concerned about the rating that the Town received on the Ipswich River report card. Vice Chairman George Hines noted that the Financial Forum went well. He congratulated the Reading Garden Club. Selectman Matthew Cummings noted that he attended the Financial Forum. Selectman Camille Anthony had no report. Chairman Matthew Nestor had no report. Public Comment—There was no public comment. Town Manager's Report The Town Manager noted that the paving at Main and Franklin is done. Construction is being done on Franklin Street between Main and Pearl this week -- this was the location of the greatest number of pothole claims this past year. Selectman Matthew Cummings noted that he received a phone call from a resident regarding the tires at the back part of the new Police Station. He also asked if we are paving Governor's Drive this year. The Town Manager will look into both issues. Selectman Matthew Cummings asked what the next step is regarding the Financial Forum. The Town Manager noted that this needs to go back on a Selectmen's agenda very quickly. The consensus was to meet on November 9th for budget overview and breakdown, and to have Department Heads in to explain their budgets. Board of Selectmen Meeting—October 24, 2000—Page 2 Discussion/Action Items - Adopt-an-Island Reception — A Reception with the Reading Garden Club and Adopt-an-Island participants took place earlier in the evening. Classification Hearing — Set Tax Rate — Secretary Camille Anthony read the hearing notice. Assessor Dave Billard, Board of Assessor Members Bob Nordstrand, Tom Ryan and Ralph Colorusso were present. Dave Billard reviewed the residential factor, the open space discount, the residential exemption and small commercial exemption. Bob Nordstrand noted that the Board of Assessors voted 3-0-0 to recommend none of the exemptions be enacted. Selectman Matthew Cummings noted that a residential factor of 1 was not a factor in selling the landfill, and he suggested looking at a commercial tax rate in the future. Chairman Matthew Nestor noted that the commercial tax rate of$3500 would be passed onto the customers, and they will just go to the mall. Vice Chairman George Hines noted that the Tax Payers Association did a study years ago which concluded that there should not be a commercial tax rate because of the low percentage of commercial property in Town. The Town Manager noted that the community does not get more taxes with a commercial tax rate -- it just gets redistributed. On motion by Hines seconded by Anthony, the Board of Selectmen voted the close the classification hearing for setting the FY 2001 tax rate. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve a residential factor of 1 for the FY 2001 tax year. The motion was approved by a vote of 4-1-0, with Cummings opposed. On motion by Hines seconded by Hoyt, the Board of Selectmen voted to not adopt an open space discount on the tax rate for FY 2001. The motion was approved by a vote of 5-0-0. On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to not adopt a residential exemption for the FY 2001 tax year. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Hoyt, the Board of Selectmen voted to not adopt a small commercial exemption for the FY 2001 tax year. The motion was approved by a vote of 5-0-0. Town Counsel Interviews and Appointments — Legal Services Review Committee Members Stephen Crook and Jonathan Barnes were present. Board of Selectmen Meeting—October 24, 2000—Page 3 Selectman Camille Anthony noted that six firms were interviewed by the Legal Services Review Committee and three of those firms are coming before the Board of Selectmen. The three firms are Brackett and Lucas, Deutsch Williams et al and Keegan, Werlin and Pabian. Gary Brackett, Elaine Lucas and Joan Langsam were present to be interviewed. Gary Brackett noted that they are Town Counsel for eight Massachusetts communities, and their firm is growing at a deliberate rate. Elaine Lucas noted that she specializes in litigation — from potholes up to civil rights. She can give advise on planning and zoning, open space, sewer districts, construction contracts and Town Meetings. She noted that she is available by phone for last minutes questions that Boards, Committees or Commissions might have before a hearing. Their firm sends out a newsletter. She keeps up to date on telecommunications and civil rights. Joan Langsam noted that she would be the primary contact for the Town of Reading. Her office is in Winchester. She worked in the City Solicitor's Office in Somerville in 1989, and has experience in zoning, retirement, tort, motor vehicles and adult entertainment zoning. She was a member of the Charter Committee in Chelsea. Selectman Sally Hoyt asked if one of the attorneys would be available to attend Town Meeting. Gary Brackett responded yes, and noted that they would be available to assist in preparing the Warrant, and to review the Warrant a couple of weeks before Town Meeting. Selectman Sally Hoyt asked if they use paralegals. Elaine Lucas noted that they have one paralegal that they use for real estate. Most questions require the experience of an attorney so their use of a paralegal is limited. Selectman Matthew Cummings asked if they had experience in Special Ed. Gary Brackett noted that he had some but most communities use special counsel. Vice Chairman George Hines asked if they envisioned not being able to have a meeting because someone from the firm was not available. Gary Brackett noted that there will always be coverage. Vice Chairman George Hines asked how important it is to know a community and their issues. It was noted that they would need to spend time with the Town Manager and Boards, Committees and Commissions. There would be a transition period and training would be a part of that. Chairman Matthew Nestor noted that he had concerns about one office being in Worcester and one in Winchester and the continuity of the contract. Gary Brackett noted that they would be committed to the Town. He noted that Joan Langsam has joined their firm because they are expanding their business, and she would be the primary -- attorney for the Town. Board of Selectmen Meeting—October 24, 2000—Page_4 Chairman Matthew Nestor asked if any of their clients reject their advice. Gary Brackett noted that they are there to counsel, advise and make recommendations. Vice Chairman George Hines asked about the recording of deeds. Elaine Lucas noted that the deed is recorded as soon as the money changes hands. Vice Chairman George Hines asked how they felt about their trends towards settlements and litigation especially if the Town does not want to settle. Gary Brackett noted that they are responsible to provide services and he defers to the decision makers. Selectman Camille Anthony asked about their rate. The Town Manager noted that it would be a six month appointment working towards a three year relationship. The Board thanked Gary Brackett, Elaine Lucas and Joan Lamgsam for being present. Deutsch Williams et al —Rod Hoffman was present because Paul DeRensis could not be present due to a dog hearing he had to go to. He noted that there are 40 lawyers in their firm, and they represent Nantucket land bank issues. Vice Chairman George Hines noted that he could not evaluate without meeting Paul DeRensis. Rod Hoffman noted that they was not given enough notice. The Board thanked Rod Hoffman for being present. Keegan, Werlin and Pabian — H Theodore Cohen, Barry Fogel and Cheryl Blaine were present. Ted Cohen noted that he has served as Town Counsel for the Town of Reading for 28 years. It has been an honor and privilege to serve the Town and he would like to continue. They are proposing to provide services much as they provided in the past. He suggested working with the Town Manager and Superintendent of Schools to keep a handle on the costs. Ted Cohen noted that.when he is not available, Cheryl Blaine is. He noted that Barry Fogel specializes in the landfill issues, and his firm is available 24 hours a day, seven days a week. He is available by phone, fax and email, and noted that the goal in delivering services is to prevent small things from becoming a big problem. The proposal is to offer 1100 hours of services for $115,000 and $150/hour over and above. He feels that if he works with the Town Manager and Superintendent of Schools, they can keep services at 1100 hours. Ted Cohen noted that paralegals are used to process materials out but they don't use them to answer questions. He noted that there is no charge for travel time, and their normal rate is $145-$160/hour -- their proposal for 1100 hours equals $114/hour. Selectman Sally Hoyt noted that the continuity has been a great benefit to the Town. Finance Director Beth Klepeis noted that she works with Ted Cohen on Retirement Board and Board of Assessor issues, and asked if he would continue to service people in this area. Ted Cohen noted that he doesn't envision any changes. Board of Selectmen Meeting—October 24, 2000—Pa eg_5 Vice Chairman George Hines asked Ted Cohen about his desire to work to avoid small issues becoming big ones and referred to George Street and the ZBA. Ted Cohen noted that he is not politically involved and if they request services, he will provide them. Vice Chairman George Hines asked if he could advise of trends in certain areas. Ted Cohen noted that he works with the Town Planner and Cheryl Blaine works with the Conservation Commission. He noted that, in general, most of the Town's Boards are functioning well. On motion by Cummings seconded by Hines, the Board of Selectmen voted to go into Executive Session for the purposes of: Approval of Executive Session minutes, discussion of strategy with respect to litigation — George Street Comprehensive Permit, and discussion of strategy with respect to collective bargaining— all unions; to come back in Open Session in 15 minutes. Ona roll call vote, all five members voted in the affirmative and the Board went into Executive Session. The Board returned to Open Session at 10:35 p.m. Selectman Camille Anthony noted that she was surprised that Paul DeRensis from Deutsch Williams was not present. She feels there will be scheduling problems. Chairman Matthew Nestor noted that financially, Burns and Levinson was the best but they did not have enough municipal law experience. Kopelman and Paige is too big and too impersonal. Kopelman said he would be the lead person but his references say that doesn't happen. Stephen Crook noted that Kopelman represented himself as the lead person and he is not. They represent 110 towns and the sense was they practice "canned law;" i.e., if there is a problem with roosters,they go to the rooster folder instead of having the knowledge in their head. He noted that he had concerns about the availability of Paul DeRensis. The Town Manager noted that Murphy, Hesse et al came back with a revised fee schedule but they are still the highest. Vice Chairman George Hines noted that he was disappointed that Deutsch Williams' attorneys did not attend and the presentation was weak. He is also disappointed that Kopelman and Paige were not brought before the Board. Selectman Sally Hoyt noted that she wanted more time in making a decision. Selectman Matthew Cummings noted that he was concerned that the lead person and other two attorneys from Deutsch Williams were not present. He noted that this firm was Labor Counsel for the Town, and the School Committee felt they were not best served. He also noted that the Town has been well served by Keegan, Werlin and Pabian but Brackett and Lucas were impressive. Selectman Camille Anthony noted that she was concerned that if we stayed with Keegan, Werlin - and Pabian that we will end up evaluating everything by price. Board of Selectmen Meeting—October 24, 2000—Page 6 Vice Chairman George Hines noted that there have been a lot of successes with Keegan, Werlin and Pabian but there are also lingering problems regarding real estate. He also wishes they had been more proactive in the comprehensive permit area, and he is leaning toward Brackett and Lucas. Selectman Sally Hoyt noted that she appreciates the successes of Town Counsel. He was always able to come up with an answer to any issue at Town Meeting, and she appreciates all of his hard work. Chairman Matthew Nestor asked if deeds were a problem with Brackett and Lucas, and the Town Manager noted that it is with all of the firms. Town Counsel Ted Cohen noted that he is willing to negotiate cost with the Town. On motion by Hines seconded by Anthony the Board of Selectmen placed the following firms into nomination as Town Counsel to the Town of Reading for a term expiring June 30, 2001 and that the Town Manager is directed to negotiate a letter of agreement with that firm spelling out the terms of the reappointment: Brackett and Lucas, Deutsch, Williams et al, Keegan, Werlin and Pabian. Brackett and Lucas received four votes and was appointed. Approval of Minutes On motion by Hines seconded by Hoyt, the Board of Selectmen voted to approve the minutes of their meeting of October 10, 2000. The motion was approved by a vote of 3-0-1, with Nestor abstaining. On motion by Cummings seconded by Hines, the Board of Selectmen voted to adjourn their meeting of October 24, 2000 at 11:05 p.m. by a vote of 5-0-0. Respectfully submitted, i f � t Secretary �, � E�