HomeMy WebLinkAbout1998-07-14 Board of Selectmen Minutes Board of Selectmen Meeting
July 14, 1998
The meeting convened at 7:00 p.m, in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Bruce MacDonald, Vice Chairman Sally Hoyt,
Selectman Camille Anthony(Selectman George Hines came in a little late), Town Manager Peter
Hechenbleikner, Town Counsel H Theodore Cohen, and the following list of interested parties:
William Lavoie, Jack Russell, Paul Dustin, Mike deBrigard, Paul French, Barry Mitchell, Cheryl
and Les Sidelinker, Richard Cuffe, Tom Stohlman, Virginia Adams, Kim Honetschlager, Bernie
Perce, David Kwong, Ted McIntire, Ken Wiswall.
Reports and Comments
Selectmen's Liaison Reports and Comments— Sally Hoyt attended the Solid Waste Advisory
Committee meeting last week, and the Committee is concerned about the disposal of fluorescent
light bulbs.
Camille Anthony noted that the Good Shepherd Episcopal Church is going to be a site of a low
water demand landscaping demonstration project starting this Fall.
Bruce MacDonald noted that the Board of Appeals is looking for members. He asked the Town
Manager to respond to the Recreation Camp question from the Selectmen's Forum. He has
received calls regarding the Foster Emerson House. He asked the Selectmen to put together
goals for FY 2000 before their next meeting. The goals do not necessarily have to be financial
goals.
George Hines noted that he has had some concerns about the Foster Emerson House project.
Public Comment—There was no public comment.
Town Manner's Report
On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the
execution of deeds and all other documents necessary to effectuate the transfer of a 2.5 acre
parcel, and a 27,626 square foot parcel of land on Hopkins Street from Reading Bear Hill
Limited Partnership to the Town of Reading, all subject to final approval by Town Counsel as to
form. The motion was approved by a vote of 4-0-0.
The Town Manager distributed the following report:
+ Water Tank
♦ Mill Street Bridge construction—beginning July 20, 1998
+ Longwood Road sewers going well.
Meeting with Grubb &Ellis
+ Creative Arts for Kids has determined that the old Police Station is not satisfactory
for their needs.
Board of Selectmen Meeting—July 14. 1998 —Page 2
♦ Meeting on 7/21/98 —Board of Selectmen re: South Main Street
♦ Meeting by Town Manager with residents re: drainage—Red Gate Lane and Balsam
Road.
♦ Town is arranging to install permanent fencing on the Eric's Greenhouse side of
The easement.
♦ Route 129 construction.
♦ Prescott and Summer Avenue signal—installation to begin mid-July.
♦ Charles Street sidewalks under construction.
Personnel & Appointments
Board of Selectmen Liaison Assignment — The Board reviewed the requested assignments.
George Hines recommended that the Chairman make the assignments based upon the input from
the Board members. The Board of Selectmen indicated that this was acceptable, but Sally Hoyt
noted that she would like to continue with Human Services and the Solid Waste Advisory
Committee. George Hines noted that he would like to stay with the Reading Business Park
Advisory Committee.
Board of Cemetery Trustees — Associate Member — It was reported that the Board of Cemetery
Trustees is amenable to having Associate members.
On motion by Anthony seconded by Hoyt, the Board of Selectmen placed the following name(s)
into nomination for one Associate position on the Board of Cemetery Trustees for a term
expiring June 30, 1999: Vern Taylor received three votes and was appointed.
Cable TV Advisory Committee — On motion by Hoyt seconded by Hines, the Board of
Selectmen placed the following name(s) into nomination for one position on the Cable TV
Advisory Committee for a term expiring June 30, 2001: Joe Santangelo received four votes and
was appointed.
Historical Commission - Associate Member - On motion by Hines seconded by Anthony, the
Board of Selectmen placed the following name(s) into nomination for one Associate position on
the Historical Commission for a term expiring June 30, 1999: Mark Cardono received four votes
and was appointed.
Commissioners of Trust Funds — On motion by Anthony seconded by Hoyt, the Board of
Selectmen placed the following names into nomination for one position on the Commissioners of
Trust Funds for a term expiring June 30, 2001: John J. Daly and Robert W. LeLacheur, Jr.
John J. Daly received four votes and was appointed. Robert W. LeLacheur was interviewed and
not appointed but it was suggested that he may be very interested in the Reading Business Park
Advisory Committee.
Town Counsel — On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to
reappoint H Theodore Cohen of Keegan, Werlin and Pabian as Town Counsel for a fee of
$109,777 for a term effective July 1, 1998 and expiring June 30, 1999. The motion was
approved by a vote of 4-0-0.
Board of Selectmen Meeting—July 14, 1998 —Page 3
Discussion/Action Items
Final Review — Police Station Project — Paul Dustin, Chairman of the Police Station Building
Committee and Paul French from Daedalus were in attendance. This will be the final review and
then the project will be out to bid. The Police Station Building Committee will meet with the
Board of Selectmen again on September 29th with the bids. By the end of July, construction
documents will be done. August 10th is the final construction estimate review. Bids are
available August 17th. File sub-bids are due September 15". Final bids are due September 21st.
The Town Manager reviewed the costing of the project and what was removed and would be
added back.
On motion by Hoyt seconded by Anthony, the Board of Selectmen voted to approve the final
designs and add alternates for the Reading Police Station project. The motion was approved by a
vote of 4-0-0.
Approval of Purchase & Sales Agreement — Grove Street lot —Richard Cuffe, Cheryl and Leslie
Sidelinker, and Town Counsel H. Theodore Cohen were present. Concern was expressed about
some of the language and the right of first refusal because of title insurance issues. Attorney
Cuffe and Town Counsel Cohen had a difference of opinion about how problematic this was.
George Hines noted that the real purpose is a 1740's house and, therefore, the right of first
refusal for a buy back could be a market value or perhaps they could build a replica.
Camille Anthony asked if the problem is a title issue or a personal financial issue. Cuffe noted
j that they are really the same. Right of first refusal is common in condominiums but not at a
specified price.
Bruce MacDonald noted that this requirement was in the bid document that the Sidelinkers
agreed to. Cuffe noted that the buyers did not understand the implications when they agreed.
Camille Anthony noted that this requirement would probably cause any purchaser the same
problem. Cohen felt that with restrictions one could get financing for the project.
MacDonald asked if we removed the right of first refusal whether it invalidates the bid. Cohen
noted that if time were available, it might make sense to rebid. However, there is no time for
rebidding because the property would be demolished.
Hines noted that there is a narrow situation where the right of first refusal would be exercised.
Cheryl Sidelinker noted that when they agreed to the condition in the RFP, the Co-Op Bank
suggested that they talk to a lawyer.
MacDonald noted that this condition addresses the land not the house. He is concerned that if we
do not have some condition like this, then the buyer takes advantage of the situation.
Board of Selectmen Meeting--July 14, 1998—Page 4
On motion by Hines seconded by Anthony, the Board of Selectmen authorized the execution of
the Purchase and Sales Agreement as presented on 7/14/98 subject to agreement on a mechanism
of estimating the fair market value and a mechanism for the Town to exercise the right of first
refusal that the Foster Emerson House no longer meets the requirements of the bid. The motion
was approved by a vote of 4-0-0.
Virginia Adams is concerned that a replica would not be suitable. The purpose is to preserve the
existing Foster.Emerson House.
Continuation of Hearing on Policy for Plowing Private Ways — Public Works Director Ted
McIntire was present as was Town Counsel.
Camille Anthony asked why we need such a policy. She is concerned that the policy is intended
to allow the Town to upgrade all roadways. Ted McIntire reviewed the purpose which is to
make sure that the Town can safely plow all private ways and give the property owners adequate
notice if we cannot.
Sally Hoyt noted that we do have problems with some public ways also. The Town Manager
explained that the difference is that the Town has responsibility for repairing defects on public
ways but we do not have the legal ability to repair any defects on private ways.
Bruce MacDonald asked if we have the legal responsibility to plow private ways. Town Counsel
noted that we do not. MacDonald asked if this was a taking or taxing authority. Cohen noted
that it is not. If the owners of a private way need to make some modifications for the Town to
plow it, they have a choice of not making those improvements and take the responsibility for
plowing it themselves.
The Town Manager noted that a similar situation would be shopping centers or condominiums
where the owners of the private property do their own plowing even if the public is permitted on
the property, and that system works fine in Reading and other communities.
Barry Mitchell of 70 Longview Road noted that it is not always the same contractor who is
plowing the private way and they do not always know the lay of the land. Longview is half
paved and half unpaved. He expressed concern about what would happen if one resident refuses
to repair the private way. Does that mean that the entire roadway does not get plowed. McIntire
noted that the contractors are shown the roadways that they are going to plow in advance. They
are usually familiar with the road.
Mitchell asked what would happen if somebody parked on the private way and the plows could
not get through. McIntire noted that if it were a public way, we could tow the car but on a
private way, we would not plow because we cannot tow the Car. It was suggested that a copy of
the regulations should go to the abutters once they are adopted. Mitchell noted that most of the
regulations are private ways and regulated by State law, and Town Counsel should review the
circumstances for every private way in Town. Town Counsel noted that this is not practical. He
noted that private ways are owned differently, sometimes to the center and sometimes by
easement.
Board of Selectmen Meeting—July 14, 1998—Page 5
- George Hines noted that certain private ways are not plowed now such as condominiums.
On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to close the public
hearing on the proposed policy on standards for plowing private ways. The motion was
approved by a vote of 4-0-0.
On motion by Hines seconded by Hoyt, the Board of Selectmen voted to table action on the
proposed policy on standards for plowing private ways until we define specifically which private
ways the policy applies to.
Hearing — Liquor License Transfer — Panda Restaurant (formerly Station House Restaurant) -
David Kwong, the owner of Panda Restaurant was present. They are currently operating this
establishment under the previous manager. The Town Manager noted that this could be a
problem if they are not listed as the manager on the liquor license.
Camille Anthony and George Hines commented about the deed restrictions on the property—the
need to keep it up including painting and the need to provide shelter for train commuters.
Kwong was not aware of the need to provide the shelter but did indicate that the painting was
being done this month.
On motion by Hines seconded by Hoyt, the Board of Selectmen voted to close the public hearing
on an application for a liquor license transfer at 32 Lincoln Street to the Panda Station
Restaurant. The motion was approved by a vote of 4-0-0.
On motion by Hines seconded by Hoyt, the Board of Selectmen voted to table action on an
application for a liquor license transfer at 32 Lincoln Street to the Panda Station Restaurant until
August 4, 1998 at which time the Board expects the applicant to be able to give assurances that
the facility will be operated in accordance with the deed restrictions.
Special Employee Status — School Committee — Tom Stohlman, a member of the School
Committee, was present and requested that the Board of Selectmen designate the entire School
Committee as Special Employees. The School Committee unanimously voted to request Special
Employee status.
Camille Anthony asked what would be the policy of the Board of Selectmen for any board,
committee or commission asking for Special Employee status.
George Hines asked if Tom Stohlman believes that he is uniquely qualified to be on the School
Committee and is the only one qualified. Stohlman noted that he is not but he was elected to the
School Committee as were the other members of the School Committee.
Sally Hoyt noted that there are a lot of professionals on the School Committee. Tom Stohlman
felt that there is strength in numbers and that just because the School Committee members have
Special Employee status does not mean that anything untoward would happen.
Board of Selectmen Meeting—July 14, 1998 —Page 6
The Town Manager noted that the Board of Selectmen may rescind Special Employee status for
the School Committee at any time.
Bruce MacDonald noted that he felt that one of the members of the School Committee who is the
Executive Director of R.E.A.P. could be problematic. Tom Stohlman noted that "it is fine, and
there is no conflict." Bruce MacDonald noted that he has a fundamental reluctance to extend
Special Employee status to the School Committee. He indicated that his main concern was with
R.E.A.P. and since Town Counsel has noted that this is not a problem, he will be inclined to go
along with it. They can always be rescinded.
Sally Hoyt noted that she feels that the State Ethics Commission expects the Board of Selectmen
to do this.
On motion by Hoyt seconded by Anthony, the Board of Selectmen voted to approve the granting
of Special Employee status to the Reading School Committee. The motion was approved by a
vote of 3-1-0,with Hines opposed.
Livery License — B&T Limited d/b/a Acura International — Ken Wiswall appeared before the
Board of Selectmen. He the owner and operator of B&T Limited. The Town Manager, as part
of the background, noted that there had been violations in zoning enforcement. There does not
seem to be a problem currently.
George Hines noted that the conditions were placed in the license because there were violations.
The restrictions were placed to severely limit the activity at 93 Dana Road relative to this
business. If it is to be operated as a home occupation, there should be no external evidence of
the occupation. Two of the cars are driven by residents of 93 Dana Road and, therefore, they can
have two of the vehicles there.
Approval of Settlement of Litigation—Marion Road Sewers - The Town Manager presented the
proposed settlement. Bernie Perce noted that the residents would like to have sewers.
On motion by Hines seconded by Hoyt, the Board of Selectmen voted to approve the settlement
of litigation between the Town of Reading and its Community Planning and Development
Commission and Kenwood relative to subdivision approval of the Marion Road subdivision.
The motion was approved by a vote of 4-0-0.
Approval of Gasoline Storage License—Bell Atlantic
On motion by Hoyt seconded by Anthony, the Board of Selectmen voted to approve the gasoline
storage license for Bell Atlantic at 17 Linden Street for two 500 gallon above the ground storage
tanks. The motion was approved by a vote of 4-0-0.
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Board of Selectmen Meeting—July 14 1998—Page 7
On motion by Hines seconded by Anthony, the Board of Selectmen voted to adjourn their
meeting of July 14, 1998 at 11:10 p.m. The motion was approved by a vote of 4-0-0.
Respectfully submitted,
ecretary