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HomeMy WebLinkAbout1997-02-04 Board of Selectmen Minutes Board of Selectmen Meeting February 4, 1997 The meeting was convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Selectman Sally Hoyt, Town Manager Peter Hechenbleikner. On motion by Anthony seconded by Hoyt, the Board voted to go into Executive Session for the purpose of discussing strategy with respect to the purchase or sale of real estate, to come back into Open Session at approximately 7:30 p.m. On a roll call vote, Hines, Anthony and Hoyt voted in favor of the motion and the motion was carried. The Board adjourned to Executive Session. The Board reconvened in Open Session at 7:30 p.m. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary Bruce MacDonald, Selectman Sally Hoyt and Dan Ensminger, Town Manager Peter Hechenbleikner, Town Counsel Ted Cohen and the following list of interested parties: Bill Brown, Bill Bogaert, Nancy Eaton, John Russell, Jeff Strong, Robert McIsaac, Gerry Varney, Arthur Hayden, Don Cowan, Chris Shomos, Jonathan Edwards. George Hines reopened the meeting by announcing that there would be no need for a Special Town Meeting relative to the issues previously discussed. All of these issues will be considered for a Warrant for the Annual Town Meeting. Approval of Minutes On motion by Anthony seconded by MacDonald,the Board voted to approve the minutes of their meeting of January 21, 1997 by a vote of 5-0-0. Reports and Comments Selectmen's Liaison Reports and Comments- Sally Hoyt noted that the Legal Services Committee has met twice. She has attended the Middlesex County Advisory Board and has strong concerns about the State takeover of the counties. She believes cities and towns should not be assessed. Bruce MacDonald noted that he will be writing a letter to the State regarding the telephone area codes. CPDC has discussed possible changes to the PRDG process and will take up specific language at their next meeting. He has gotten calls about the water taste and suggests that it should be on an agenda - perhaps for the 18th. Legal Services Review Committee has sent ads out, and letters of interest are due by February 18 and proposals due on March 5, 1997. All Board, Committee and Commission members have been sent an evaluation form and the Board of Selectmen should fill this out and send it in. Dan Ensminger noted that the Town Manager Compensation Review Subcommittee has met with regard to a compensation package and will present a report later. Can Anthony noted that in walking around the neighborhood, she has heard comments about the water taste. There appears to be a great deal of variability. She also noted that the Boston Board of Selectmen Meeting -February 4, 1997 -page 2 Globe had an article on traffic calming measures. She suggested that the island on Haven Street at High Street should be redone when "Rotary Square" is constructed. The Town Manager suggested that perhaps this should be deferred until the Downtown Streetscape consultant has completed his work. George Hines had no report. Public Comment - Bill Brown wanted to know when the Warrant for the Annual Town Meeting closes - it was noted that it is February 18, 1997, at 8:00 p.m. Bruce MacDonald added that we should have a list of what we do and don't test for with regard to the water. Town Manager's Report The Town Manager reported that the Fire Department has received a grant in the form of a computer and printer from the Massachusetts Highway Department for use in emergency operations. It is equipped with the C.A.M.E.O. Program (Computer Aided Management of Emergency Operations). The Town Manager has met with staff and a representative of the firm that has a contract to haul Central Artery clay. We should hear from them very soon with regard to the site being appropriate, and the Town could receive hundreds of thousand of dollars of material for capping. Additional Town funds may be required in order to stockpile and stabilize the clay. The Town Manager noted that Focaccia was observed by the Police Department through a report allowing "brown bagging" in the restaurant. He has drafted a letter, and the Board approved sending the letter giving a final warning. to Focaccia. Staff met today with potential consultants regarding the water taste issue. Residents' concerns about taste should be directed to the DPW so that we can log the locations and times of complaints. The Town Manager noted that a newspaper article on a hearing on street improvements indicated that the hearing was on Salem Street. It is actually on three intersections on Main Street and the hearing will be held later this week. The Historical Commission is having their first hearing this evening on the Demolition Delay Bylaw. Personnel and Appointments Open Space Advisory Committee - Ruth Clay appeared to be interviewed for a position on the Open Space Advisory Committee. She was interviewed and on motion by Anthony seconded by Hoyt, she was appointed to a position on the adhoc Open Space Advisory Committee for a term expiring in two years. George Hines suggested that a joint meeting with the Board of Selectmen and the Downtown Steering Committee with the consultant should be scheduled for sometime in the near future. Discussion/Action Items Outline of Warrant for Annual Town Meeting - The Town Manager went through potential Warrant articles with the Board of Selectmen. The Board suggested an article on potential beer and wine liquor licenses as a Home Rule Petition, and the Town Manager will try to work up some options as to what it would say. Dan Ensminger asked why CPDC would be bringing an Board of Selectmen Meeting - February 4, 1997 -page 3 article on a change in zone to PRDG - why doesn't the property owner get a petition article. Additional articles will be added for Police Station land acquisition and design, and for Joshua Eaton School improvements. George Hines noted that the home occupations issues still need to be dealt with. Bill Brown suggested that definition of home occupation using the IRS regulations should be included in the bylaw. Hearing of Policy on Defense of Actions Brought Against Public Employees - The Secretary read the notice of the hearing. Town Counsel reviewed the Policy and comments received to date. Some were from Tim Twomey, member of the School Committee; and other comments were submitted. The Board made two changes in the Policy as proposed. Comments were received from Bill Bogaert, a member of the audience. On motion by MacDonald seconded by Hoyt, the Board voted to close the public hearing on the Policy on Defense of Actions of Actions Brought Against Public Employees by a vote of 5-0-0. On motion by Ensminger seconded by MacDonald, the Board voted to approve the Policy on Defense of Actions Brought Against Public Employees as amended, dated February 4, 1997, by a vote of 5-0-0. A copy of the Policy is attached. Meet with Sign Review Board and Others re: Process of Evaluating; Changes to Sign Bylaw - Jonathan Edwards was present and spoke. Also present were Gerry Varney and Bob McIssac from the Sign Review Board, Art Hayden and Don Cowan from the Chamber of Commerce, Jack Russell from the Downtown Steering Committee. Virginia Adams, Jonathan Barnes and Dick Howard were also involved in the process but were absent this evening. Three sign issues were reviewed - "open banners" - window signs, including illuminated signs - and signs for buildings in the downtown business district where the businesses are located on a second floor or at the rear of the building. Bruce MacDonald asked questions about sign content - and it was reported that this involves first amendment rights. Camille Anthony asked if there was a thought about banning neon signs and it was noted that the proposed Bylaw amendments are a consensus. Jack Russell noted that the coverage has been reduced to 30% of the window from 50%, and that it needs to be either in the bottom third or the top third of the window. In addition, there is a restriction on the number of illuminated window signs. Representatives of the Downtown Steering Committee and the Chamber of Commerce noted that they would be taking these proposed amendments to their membership by the end of the week, but they felt that the consensus would be to support them. It was recommended that the Town Meeting Warrant include the entire amended version of the article. The Board complimented the Committee on the process and the consensus apparently reached. Request for Special Employee Status, Dispatcher/Substitute Teacher - Jeff Strong is a Dispatcher with the Department of Public Safety. He also wants to substitute teach in the schools. He has subbed in North Reading, and substituted twice at the Parker Middle School until this issue was - raised. He is getting his teacher's degree. The Board wanted to get information from the School Department as to what the effect would be of making all substitute teachers Special Employees. They deferred action to the next possible date. Board of Selectmen Meeting -February 4, 1997 - page 4 Vote on Budget and Capital Improvements Program - Dan Ensminger reported that the Committee to review the Town Manager's compensation has met and they have five recommendations: 1. Vacation be increased by one day per year of service beginning January 1, 1996 and accrued at one additional day of vacation per year of service up to a maximum of five weeks. 2. The Town Manager is authorized to join the Sick Bank. 3. The Town Manager is authorized to participate in a disability income insurance plan that may be developed for employees. 4. The Board will support a limited Charter change that will allow part-time teaching by the Town Manager subject to approval of the Board of Selectmen. 5. The Board of Selectmen approves a Fiscal Year 1998 salary increase of 2.5% for cost of living, and an additional 2% for merit to be included in the wage base. Bruce MacDonald noted that he had supported a 1% merit increase based on an understanding that the other improvements in benefits may be worth 1%. The Board discussed the process of the Charter change and it would have to go to Town Meeting next Fall for the election ballot in the Spring of 1998. On motion by MacDonald seconded by Anthony, the Board voted to approve the - recommendation of the subcommittee on the Town Manager's Compensation Employment Agreement by a vote of 5-0-0. Regarding the rest of the budget, the Town Manager reviewed the status of the budget to date. George Hines noted that the correct percentage increase for the Town expenses was considerably less than reported in the paper. Dan Ensminger noted that he felt we should spend more on the Reading Memorial High School project during the coming fiscal year than on Coolidge. Camille Anthony noted that the $1.85 million at the High School is a bandaid, but probably needs to be spent. The Board asked for a copy of the details for the Coolidge Middle School project to be sent to them, as well as a copy of the county assessments. Nancy Eaton of the Conservation Commission expressed concern about the process. When the Conservation Commission submitted their Capital Improvements Program they expected dialogue and discussion on it. The Board of Selectmen did not allow for public comment at that time. The Chairman of the Board of Selectmen noted that public comment is always welcome and none was offered. She would like to see a fund set up to acquire property, and to fund conservation easements. She noted that property becomes available out of cycle with Town Government meetings. The Town Manager noted that in any case Town Government approval is required of land acquisition even if the money is available. Bruce MacDonald agreed that we don't acquire enough land. The Town Manager noted that over the last 10 years an excess of 100 acres of land has been acquired by the Town through donations. Nancy Eaton noted that was not necessarily prime parcels that are being donated. They are also looking at tax title property. There is a distinction between acquiring open space for quality of life and just acquiring wetlands. Acquiring Board of Selectmen Meeting - February 4, 1997 - page 5 open space saves money in the long run in a number of ways including preventing expenses for additional school built on developed land. Sally Hoyt noted that if there is a need for an appropriation,-then the-Conservation Commission should come in to discuss it. She also noted that we need to care better for the land that has been acquired. Dan Ensminger encouraged the Conservation Commission and the Town to be as creative as possible in acquiring land. Nancy Eaton noted that Town Counsel has revised subdivision Rules and Regulations to make donations of land more difficult. She also noted that the action plan identifies "lands of concerns," not necessarily properties for acquisition. Three parcels that the Conservation Commission previously identified as priorities are not available now and are under development including Pasture Lane. Sally Hoyt noted that she will not be available for the Budget Council meeting and she hopes that the Police Officer positions will stay in as a priority. On motion by Ensminger seconded by Hoyt, the Board voted to recommend the FY98 budget as presented by the Town Manager including a 2% merit increase for the Town Manager's salary by a vote of 5-0-0. On motion by Anthony seconded by Hoyt, the Board voted to recommend the FY98 - 2007 Capital Improvements Program for referral to FinCom. The motion was approved by a vote of 5-0-0. On motion by MacDonald seconded by Ensminger, the Board voted to adjourn at 10:47 p.m. by a vote of 5-0-0. Respectfully submitted, Secre ary POLICY ON DEFENSE OF ACTIONS BROUGHT AGAINST PUBLIC EMPLOYEES Pursuant to Section 6-5 of the Reading Home Rule Charter and Section 4.2 of the Reading General Bylaws, the Board of Selectmen adopt the following policies for determining when a current or former public employee of the Town of Reading will be entitled to a defense and legal representation by Town Counsel, or Special Counsel at the Town's expense, in an action or proceeding brought against such public employee. This policy shall be effective as of July 1, 1996. I. Definitions A. Conflict of Interest Law-Massachusetts General Laws Chapter 268A. B. Public employee - Elected or appointed officers or employees of the Town of Reading, whether serving full or part-time, temporary or permanent, compensated or uncompensated. C. Tort Claims Act -Massachusetts General Laws Chapter 258. D. Town Counsel - The Town Counsel appointed by the Board of Selectmen pursuant to Section 6-5 of the Reading Home Rule Charter, any Special Counsel employed by the Board of Selectmen, or an attorney furnished by an insurer obligated under the terms of an insurance policy to defend the Town or its public employees against claims. H. Claims Against Public Employees In Their Official Capacities Subject to the provisions of the Tort Claims Act to the extent it is applicable, Town Counsel shall provide a defense and representation to a public employee when a lawsuit or other proceeding is brought against the public employee in his/her official capacity. M. Claims Against Public Employees in Their Individual Capacities A. Claims Under The Tort Claims Act The provision of a defense and representation by Town Counsel for claims against a public employee for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of his/her office or employment is controlled by the terms of the Tort Claims Act, and especially Section 2 thereof. In accordance with Section 9 of the Tort Claims Act, the Town may indemnify public employees from personal financial loss and expenses, including legal fees and costs, if any, in an amount not to exceed one million dollars arising out of any claim, action, award, compromise, settlement or judgment by reason of an intentional tort, or by reason of any act or omission which constitutes a violation of the civil rights of any person under any federal or state law; if such - public employee at the time of such intentional tort or such act or omission was acting within the scope of his/her official duties or employment. No such public employee shall be indemnified under Section 9 for violation of any such civil rights if he/she acted in a grossly negligent, willful or malicious manner. Such indemnification shall be made on a case by case basis by the affirmative vote of Town Meeting. B. Claims Unrelated To Public Employees' Official Duties and Employment Town Counsel shall not provide a defense or representation to a public employee in a suit or other proceeding which is unrelated to or is outside the scope of the public employee's official duties or employment. C. Claims Under The Conflict of Interest Law Public employees who are formally advised that they are accused of, or being investigated for, violations of the Conflict of Interest Law may initially be entitled to a defense and representation by Town Counsel upon the following terms and conditions: 1. A written request for representation is made by the public employee to the Board of Selectmen, which to the extent allowed by Massachusetts General Laws Chapter 4, Section 7 shall not be considered a public record; 2. The Board of Selectmen may ask the Town Manager to make an initial determination on the facts presented by the public employee that: a) the alleged violation arose in circumstances that related to and were within the scope of the public employee's official duties or employment, and b) there is no evidence that conscious actions were taken by the public employee to violate or circumvent the Conflict of Interest Law; 3. The public employee's actions were not taken in contravention of a written opinion on the subject issued to the public employee by the Town Counsel or the State Ethics Commission, which opinion is available to any public employee pursuant to the Conflict of Interest Law; 4. The public employee reasonably availed him/herself of Town offered training on the Conflict of Interest Law; 5. The Board of Selectmen authorize such defense and representation and any necessary funding for the same is authorized by the Finance Committee, or Town Meeting, if not already provided for in an existing budget; and 6. Any such defense and representation by Town Counsel shall terminate: a) upon formal civil charges and/or any criminal charges being brought against the public employee by the State Ethics Commission, the Attorney General or any other party having jurisdiction thereover; b) upon the public employee's failure to provide reasonable cooperation to Town Counsel in the defense and representation; or c) upon a determination by the Board of Selectmen that it is not in the Town's best interests to continue to provide such defense and representation. Once terminated such defense and representation shall be reinstated only by a vote of the Board of Selectmen. IV. General Considerations A. Whenever Town Counsel's role is being provided by Special Counsel, the Board of Selectmen shall either select or approve any such Special Counsel and all of the terms and conditions of the Special Counsel's employment. B. Any public employee may at his/her own expense employ personal counsel to provide such public employee with a defense or representation and to work with Town Counsel. C. Except as specifically authorized by the Tort Claims Act and any indemnification voted pursuant thereto, the Town shall not be responsible for any judgment, fine, penalty, restitution, interest or costs which may be imposed on any public employee, notwithstanding that the Town provided such public employee with a defense and representation.