HomeMy WebLinkAbout1997-01-07 Board of Selectmen Minutes Board of Selectmen Meeting
January 7, 1997
The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading,
Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony,
Secretary Bruce MacDonald, Selectmen Sally Hoyt and Dan Ensminger, Town Counsel H
Theodore Cohen, Town Manager Peter Hechenbleikner and the following list of interested
parties: Lois Bond, Kate Murphy, Janet Johnson, Sal Frezza, Fran and Don Bradford, Don and
Julie Raczkowski, Danny Arsenault, Judi Devaney, Hazelle McWilliams, Melanie Kelley,
Charlotte Harlan, Lois Garneau, Stephanie Comeau, Danyelle DiSanto, Susan Mickey, Carol
Guarino, George Strazzere, Hadi Doucette, Donna Spelman, Steve Chuha, Nancy Eaton.
Discussion/Action Items
Recognition of Participants in the Adopt-a-Familygr, am - The Board diverted from its usual
Agenda in order to make a presentation of Certificates of Appreciation to a representative group
of donors to the Adopt-a-Family Program. Lois Bond, Elder Services Administrator, who
produced the program this year explained the program to the Board members. The Board
expressed their appreciation to all of those who participated. The Town Manager thanked all the
Town staff who were involved, and particularly Lois Bond, Carol DeCoste, Ruth Burbine and the
Public Works Department.
Approval of Minutes
On motion by MacDonald seconded by Hoyt, the Board approved the minutes of the meeting of
December 10, 1996 as amended by a vote of 4-0-1, with Ensminger abstaining.
On motion by Hoyt seconded by Anthony, the Board approved the minutes of the meeting of
December 17, 1996 as amended by a vote of 5-0-0.
On motion by Anthony seconded by Hoyt, the Board approved the minutes of the meeting of
December 23, 1996 by a vote of 5-0-0.
Reports and Comments
Selectmen's Liaison Reports and Comments-Dan Ensminger had no report.
Camille Anthony noted that the RMLD site visit is Saturday, January 25 at 9:00 a.m. at the
RMLD site. She attended the School Committee meeting last Thursday regarding the budget.
She asked for follow up on the entry signs, the Open Space Committee appointments and asked
who attended the Beal hearings in Wakefield.
Sally Hoyt noted that she had received a list of concerns regarding the Policy on the Defense of
Town Employees. She received a memo regarding speeding on Pine Ridge Road. Middlesex
County has a debt of$17-$20 million plus their unfunded pension liability which will be millions
of dollars. The Governor has filed a bill to take over the counties.
Board of Selectmen Meeting - January 7, 1997 - page 2
The Registries would continue and the revenues from the Registries would pay off the county
debt. The cities and towns would continue to pay the assessments until all remaining debt is paid
off.
Bruce MacDonald noted that he was frustrated by the time it is taking to get some action on
Route 93 containment issues relative to the water supply, but there finally is some action. He
asked about follow up on the PRD process and whether or not this would be ready for the Annual
Town Meeting. He noted that the Legal Services Review Committee is meeting tomorrow night
relative to a bidding process.
George Hines reminded the Board that the North Suburban Planning Council is having a meeting
tomorrow night at Wilmington Town Hall regarding the MPO representation. He also
commented on a letter to the Editor that chastised the Board of Selectmen for arrogance. He felt
that the Board of Selectmen was anything but arrogant with regard to the siting of the Police
Station. If the Board was arrogant, it would not have gone to the lengths it has with regard to the
public process, or by taking the unprecedented action of sending a letter to Town Meeting
Members relative to the process.
Public Comment
There was no public comment.
Town Manager's Report
The Town Manager noted that a new mailbox has been installed at Town Hall to help residents in
paying bills and dropping off their.census. This is a drive-up mailbox and is there for customer
service. Reading is a recipient of an MMA Management Innovation Award for the Community
Communications Program that has been developed and implemented over the past several years.
The Suburban News has not published the December Reading Notes, and we are looking for an
alternative means of distribution.
The Town Manager noted that we have received some complaints with regard to the taste of the
water. All water tests indicate that the Town of Reading water supply meets safe drinking water
standards. However, all complaints are being investigated, and samples are being taken. The test
results from the samples are due back on Thursday. The Town is in the process of hiring a
consultant to assist in tracking down this problem.
Christmas tree removal is next week. Trees can be left at curbside on the regular collection day
and will be picked up and composted. Alternatively, the Compost Center is open this Saturday.
The Town Manager noted that the scheduling is based on different religious holidays and when all
residents of the community will be through with their trees.
Jane Fiore has been appointed as the Health Service Administrator effective December 30, 1996.
Joe Veno from the Reading Police Department has been elected as the second employee
representative to the Retirement Board. The new rubbish collection vendor started work this
week. Advanced Disposal is the new collector.
Board of Selectmen Meeting - January 7, 1997 - page 3
Discussion/Action Items
Review Draft Policy of Defense of Actions Brought Against Public Employ - The Board
opened the discussion on the Policy on Defense of Actions Brought Against Public Employees.
Town Counsel, Theodore Cohen, was present for this portion of the meeting. Dan Ensminger
asked about the effective date, and Town Counsel noted that was up to the Board of Selectmen.
George Hines asked if the policy can be adopted and be made effective retroactive. Bruce
MacDonald had several questions regarding the draft. With regard to Section C1, he thought that
the application for representation should be made to the Town Manager rather than the Board of
Selectmen. He felt that going to the Board of Selectmen at this stage gets the Board of
Selectmen into the Administrative areas not policy areas, it requires public disclosure of the issue,
and he would like to see maximum protection of privacy and reputation. George Hines noted that
the change in the drafts from the Town Manager to the Board of Selectmen was his comment.
Since this requires the expenditure of funds and can be precedent setting, he felt it should be
viewed by five individuals.
Ted Cohen was asked whether this written request becomes a public record. Town Counsel feels
that it is not, but it is not a public record whether it is sent to the Town Manager or the Board of
Selectmen. He does not feel that the issue can be discussed in Executive Session, however, since
the only thing that can be discussed in Executive Session is professional competence, not
reputation. He noted that if the request goes to the Board of Selectmen, it may be difficult to
discuss it in other than the most abstract terms. He was asked if the Board is considering the use
of Special Counsel, whether that is not reason for Executive Session. Cohen noted that this
would probably not be the case, since litigation has to be specifically threatened or commenced.
Dan Ensminger felt that the Board could separate the identity of the person from the issue.
Cohen felt that the Board may be able to do that - the Ethics Commission does it when they do an
investigation. Anthony thought that the issue should come to the Board of Selectmen.
MacDonald noted that his major concern is to protect the confidentiality and reputation. Camille
Anthony felt that the policy should spell out what the standards are. Town Counsel noted that the
standards are a matter of State law, and that all new officials being sworn in receive a copy of the
relevant parts of the ethic law.
Bruce MacDonald asked about Section C6 and on what circumstances the Town should drop its
representation. Town Counsel noted that the Town could continue representing an employee, but
it would be done only in a specific vote by the Board the way the policy is written. Dan
Ensminger asked if the affected date could be before the policy - whether policies could be made
retroactive. Cohen noted that because the policy would not be taking away any rights, this does
not constitute an ipso facto issue and that it could be made retroactive. The Town Manager
noted that it should not be made effective prior to the beginning of this fiscal year, since that
could create budgetary legal problems. Dan Ensminger asked about the cost of a typical private
counsel for a conflict of interest case. Cohen noted that the hourly rate should be in the $100-
$150/hour range and for investigation by the Ethics Commission, the cost would be between
$5,000 and $10,000.
Board of Selectmen Meeting - January 7, 1997 - page 4
The Board asked that Section CS add that funding authorization would be by the Finance
Committee or Town Meeting as may be appropriate. The Board of Selectmen established a
hearing date of February 4, 1997, and the Town Manager will send a copy of the draft policy out
to members of all Boards, Committees and Commissions with a request to submit any comments
in writing in advance of the hearing or come to the hearing.
P & S Convenient Store motion to intervene - Sally Hoyt excused herself from the quorum for
this discussion because her son is representing the P & S Convenient Store.
Town Counsel noted that the P & S Convenient Store has appealed the Lottery Commission's
denial of their Keno license. He asked if the Board of Selectmen would like to intervene. Since
the Town was part of the initial administrative process, the Town has a right to intervene. If the
Town does not intervene, the two parties - P & S Convenient Store and the Lottery - could settle
the case and the Town would have no say in it.
Dan Ensminger asked about the downside of the Town intervening, and Town Counsel felt there
was no downside. George Hines expressed concern that this item was being discussed while it
was not on the Agenda. He noted that he would not object as long as the Town isn't using an
extraordinary measure with respect to a business. The consensus of the Board was to proceed
and Town Counsel took that direction.
Discussion with Cable TV Committee re: 1995 Performance Review - The Cable TV Committee,
represented by Chairman Jim Guarante and Vice Chairman Richard Cohen, presented a memo of
November 22, 1996 to the Board outlining several areas of concern. There is a February 6
meeting of the Cable TV Advisory Committee to begin the review for 1996. George Hines asked
if the Cable TV Committee was going to grade Continental Cable, what grade would they give.
The consensus is that they would have a passing grade, but just barely. Camille Anthony noted
that she has received calls about Cable Ready TV's versus the old TV's that need a converter box.
The channel lineup is not the same. She is concerned because the Board of Selectmen has given
Continental a virtual monopoly and the service is not at an appropriate level. Dan Ensminger
asked about the signal quality from a converter box versus Cable Ready TV's. Jim Guarante
noted that the Board of Selectmen should be looking for remedies to the shortcomings of the
existing performance, and not have these issues deferred to negotiation of a new contract. Jim
Guarante went over the schedule for the formal process, and a copy will be given to the Board of
Selectmen.
On motion by Ensminger seconded by Anthony, the Board of Selectmen voted to send a letter to
Continental Cable demanding correction of the items identified in the Cable TV Committee's
memo of November 22, 1996, with a specific schedule as to how these items will be remedied.
The motion was approved by a vote of 5-0-0. It was suggested that a notice go on the Cable
Bulletin Boards, and perhaps the Web Page for the Cable TV hearings.
Board of Selectmen Meeting - January 7 1997 - page 5
Hearing on Amendment to Board of Selectmen Policies Relative to Continuity of Business - The
Secretary read the notice of the hearing. The Town Manager reviewed the policy. Chairman
Hines explained that this was a policy requested by members of the Board of Selectmen. Sally
Hoyt felt that the Board should have the ability to defer action until all members of the Board
were present on key issues, and it was noted that the Board always has the ability to vary the
policy.
On motion by Ensminger seconded by Hoyt, the Board voted to close the hearing on approval of
an amendment to the Selectmen's Policies adding Section 1.1.6 dealing with the continuity of
business. The motion was approved by a vote of 5-0-0.
On motion by Anthony seconded by Hines, the Board voted to approve an amendment to the
Selectmen's Policies adding Section 1.1.6 dealing with the continuity of business. The motion was
approved by a vote of 5-0-0.
Budget Presentation - The Town Manager presented the Board of Selectmen with the budget and
summaries. At its meeting on January 14, 1997, the Board of Selectmen will review the budget.
At that time, they will raise any questions they have on the detailed budget packet, and hear any
presentation from staff or Boards, Committees and Commissions with regard to new program
requests. Specific requests were made that we identify whether or not there is an alternative
- source of dealing with the Liberty Tree Elm program. If not, then the Board may want to provide
for this in the budget. A question was raised as to the building maintenance budget. The Town
Manager noted that the Town has developed a building maintenance budget as if it were going to
remain separate. Once the budget review is completed, the intent is to turn over that entire
budget into the School Department as a separately identified line item and with restriction on
expenditures from the Town building maintenance budgets for other than Town building
maintenance uses.
The Budget Council meeting is set for January 22, 1997.
Licenses, Permits and Approvals
Hearing on Application of Liquor License - Savories, Inc d/b/a Wes Parker's - The Board opened
the hearing on an application for a liquor license for Savories, Inc. d/b/a Wes Parker's. The Town
Manager noted that this application has been withdrawn and the application previously approved
by the Board of Selectmen has been reinstated with the Alcoholic Beverage Control Commission.
On motion by Hoyt seconded by Ensminger, the Board voted to close the public hearing on the
application of Savories, Inc. d/b/a Wes Parker's for a restaurant liquor license at the premises at
296 Salem Street, Reading, Massachusetts by a vote of 5-0-0.
On motion by Anthony seconded by Ensminger, the Board voted to dismiss without prejudice the
application of Savories, Inc. d/b/a Wes Parker's for a restaurant liquor license at the premises at
r 296 Salem Street, Reading, Massachusetts by a vote of 5-0-0.
Board of Selectmen Meeting - January, 1997 - page 6
On motion by Anthony seconded by MacDonald, the Board voted to adjourn its meeting of
January 7, 1997 at 10:25 p.m. by a vote of 5-0-0.
Respectfully submitted,
Sec ry