HomeMy WebLinkAbout1997-11-18 Board of Selectmen Minutes _ Board of Selectmen Meeting
November 18, 1997
The meeting was convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Vice Chairman Bruce MacDonald (Chairman Camille
Anthony joined the quorum at approximately 8:15 p.m.), Secretary Sally Hoyt, Selectman
George Hines (Selectman Dan Ensminger joined the quorum late), Town Manager Peter
Hechenbleikner.
On motion by Hoyt seconded by Hines, the Board voted to go into Executive Session at 7:30
p.m. for the purpose of discussing strategy with respect to litigation, to come back into Open
Session at 8:00 p.m. On a roll call vote, MacDonald, Hoyt and Hines voted in the affirmative
and the motion was carried.
The Board of Selectmen came back into Open Session at 8:00 p.m. Present were Vice Chairman
Bruce MacDonald, Secretary Sally Hoyt, Selectmen Dan Ensminger and George Hines, and the
following list of interested parties: Matt Lordan, Bill Brown, Frank Driscoll, Bob DeMoura,
Leone Sullivan, Kevin Patterson, W. J. Height, Jr., Steve Chuka, Virginia Adams, Roberta
Sullivan, Everett Roscar, Michael Battier, David O'Sullivan, Louise Sandberg, Nancy Eaton, Jon
Asgeirsson, Richard Lombardo, Bob Tabor, Tom Stohlman, Jim Bauer, Francis Pilkanis, Chief
Edward Marchand, Dick Haggerty, Mike Longo, Jim Biller, Brenda Smith, Jim Guarente, Brett
Donham, Paul Dustin.
Personnel & Appointments
Recognition - The first item of business was the recognition of Lt. Kevin Patterson, Detective
William Pacunas and Police Patrol Officer Leone Sullivan for their work on the Elaine Donahue
case.
On motion by Hoyt seconded by Hines, the Board voted to approve a Certificate of Appreciation
for Lt. Kevin Patterson in appreciation for his outstanding community service and the honor he
has brought upon himself, his Town, his community and the Reading Police Department in the
Donahue investigation given this 18th day of November, 1997 by the Board of Selectmen. The
motion was approved by a vote of 4-0-0.
On motion by Hoyt seconded by Hines, the Board voted to approve a Certificate of Appreciation
for Detective William Pacunus in appreciation for his outstanding community service and the
honor he has brought to himself, his Town, his community and the Reading Police Department in
the Donahue investigation given this 18`h day of November, 1997 by the Board of Selectmen,
The motion was approved by a vote of 4-0-0.
On motion by Hoyt seconded by Hines, the Board voted to approve a Certificate of Appreciation
for Police Patrol Officer Leone Sullivan in appreciation for her outstanding community service
and the honor she has brought to herself, her Town, her community and the Reading Police
Board of Selectmen Meeting—November 18, 1997—page 2
Department in the Donahue investigation given this 181h day of November, 1997 by the Board of
Selectmen. The motion was approved by a vote of 4-0-0. Chief Edward Marchand was present
in support of this recognition.
Historical Commission— The Board of Selectmen interviewed Louise Sandberg as a member of
the Historical Commission. Dan Ensminger expressed concerns about the regulatory nature of
this body. Ms. Sandberg confirmed that she is a registered voter and has a listed telephone
number. Virginia Adams suggested that perhaps Mr. Ensminger concern was more with the
entire Historical Commission and not with this candidate.
On motion by Hines seconded by Hoyt, the Board voted to appoint Louise Sandberg to a position
on the Historical Commission for a term expiring 6/30/98 by a vote of 3-0-1, with Ensminger
abstaining. Ensminger noted that he had abstained because of concerns~that he has about the
demolition delay bylaw and how it has been implemented.
Reports and Comments
Selectmen's Liaison Reports and Comments—Dan Ensminger noted that the Board of Selectmen
had met last night regarding the landfill sale. If there are any questions, they should be directed
to the Board of Selectmen.
George Hines noted that the Reading Business Park Task Force has made good progress and
gave credit to Dan Ensminger. On the 6h, he attended the re-lighting ceremony sponsored by the
Downtown Steering Committee. A vendor had street light samples to be reviewed. He attended
the Chamber of Commerce breakfast with acting Governor Cellucci, and also attended the Ice
Arena Authority meeting - they celebrated the third anniversary of opening. All debt has been
retired consisting of $800,000 plus the Authority has built up $88,000 toward equipment
replacement. It is estimated that by mid-1998, the Ice Arena Authority will be returning money
to the Town of Reading. They expressed appreciation to the Department of Public Works who
supplied top soil to this Town-owned site.
Sally Hoyt attended the Council on Aging meeting and expressed her concerns about seniors
getting help in distressed circumstances. She attended the Downtown re-lighting ceremony, and
the Chamber of Commerce meeting. She attended the veteran's day ceremony at the VFW, and
also the Chamber of Commerce breakfast with Governor Cellucci. She attended the Library
Foundation meeting and noted that Nelson Burbank is the Financial Advisor to the Foundation.
She attended the landfill meeting last evening. She received a call from a senior citizen
requesting that the Town not plow snow in front of their driveway.
Bruce MacDonald attended the Library Board meeting last night and listened to their concerns
about participating in the Budget Council. He expressed concern about the Downtown
Streetscape Program and who looks out for the whole process. He wanted to know what the
methodology for coordinating of Downtown improvements was given the current level of
staffing.
Public Comment — Bill Brown commended the Police Department, and especially Leone
Sullivan for her work on the Donahue case.
Board of Selectmen Meeting—November 18, 1997 — page 3
Public Comment — Bill Brown commended the Police Department, and especially Leone
Sullivan for her work on the Donahue case.
Town Manager's Report
• The Town Manager reviewed his report and brought the Board of Selectmen up to date on
composting activities to date.
• The Police Staffing and Deployment consultant has begun his work, and will be doing a
series of interviews in Reading during the coming weeks.
• Donham and Sweeney, the architects for the Police Station, will be meeting with the Board
of Selectmen later this evening.
• We have been informed that the two pieces of legislation filed by Reading are due for final
legislative action today, and will go to the Governor for signature. These are the bills to
vacate a former drainage easement through the former Reading landfill site, and the bill to
allow the Town of Reading to issue Beer and Wine licenses for restaurants. This later bill
will then appear on the ballot in March, 1998 for Town acceptance.
• Construction has been completed on the temporary pedestrian bridge next to the existing
bridge on Mineral Street.
• The reconstruction of the soccer field at the Parker Middle School is in progress, and the
field will be out of use until Spring. Sod was placed before and during last week's snow,
and our Parks and Forestry Supervisor has advised that the weather should not be a factor
in its growing. Town crews have done much of the work, with contractors installing the
irrigation system this week. The entire project except for the handicapped ramp and fencing
could be completed this week, with the finishing work to be done next Spring.
• Summer Avenue final paving is complete, and the project is done with some finish work
to be done next Spring.
• The Board of Selectmen schedule for the remainder of the year is busy, including:
- A Retreat scheduled for December 6, and
- A neighborhood hearing on December 9t' relative to the potential donation
of a Town owned lot at Wilson and Pleasant Street to the Reading Housing
Authority for affordable housing.
Sally Hoyt asked about traffic on West Street. She feels it is out of control. There are three
schools on this street. A woman Crossing Guard had an altercation with a tractor trailer driver.
She has spoken with Town Counsel. Reading can't wait for the intersection improvement at the
Industriplex Connector. There has been a near miss of a child. The Town Manager will review
it, and send a letter to Mayor Dever in Woburn and to the Board of Selectmen in Wilmington.
Board of Selectmen Meeting—November 18, 1997—page 4
Discussion/Action Items
Approval of Contract — Firefighters — The Town Manager noted that the funding has been
approved by Town Meeting to fund the Firefighter's Contract retroactive for two years and for
this year.
On motion by Ensminger seconded by Hoyt, the Board of Selectmen voted to approve the
contract between the Town of Reading and the Reading Firefighter's Association, Local 1640
IAFF beginning July 1, 1995 and expiring June 30, 1998. The motion was approved.
Frank Driscoll, President of the Firefighter's Association, wanted to discuss with the Board of
Selectmen the method of filling a current vacancy using a gender list. The Board of Selectmen
ruled that discussion out of order as not being relevant to the current Agenda item.
Decision — Bandstand — The Bandstand Committee represented by Dick Haggerty was present.
They feel they can raise $50,000 in funds for the erection of a bandstand at the Town Hall site on
the Common, and to refurbish the Pacino bandstand. Their first choice is Site IA in front of
Town Hall on Town-owned property, and the second choice would be the Northwest corner of
the Common.
Bruce MacDonald asked about maintenance costs, and the Town Manager noted that they would
be minimal but we should assume that the Town would do the maintenance. He asked about the
cost of construction and whether or not funds could be raised for a maintenance fund also. It was
noted that this was a possibility.
George Hines admired what the Bandstand Committee has done — this was a very professional
job. He takes exception to only one site being preferred. He thinks that the bandstand can be
built at Memorial Park. The only feedback that the Board has received is correspondence from
current attendees who prefer Memorial Park. He noted that the ice rink process got us to the
construction of an ice arena even though it was not at the originally preferred site. He hopes that
if the preferred site motion fails that the Committee would consider Memorial Park.
Bruce MacDonald noted that he prefers the site that is preferred by the Bandstand Committee.
He has listened to the Historical Commission. If it was located on the Common, he would have
had concerns on safety and aesthetics. Locating it where proposed is an innovative solution.
There will be a nice area for smaller concerts. The Chamber of Commerce says that a bandstand
here won't help business but it certainly won't hurt it. It would help bring people back
downtown. The Downtown Steering Committee took a position against the bandstand in the
Downtown area but he disagrees. With respect to Memorial Park, at one hearing there was
significant neighborhood opposition. We need to listen to the neighborhoods. The proposal
before the Board means that we could use both sites. It would be good for the Civic Center and
good for Downtown.
Sally Hoyt feels that the bandstand in the center of Town would help the business community.
She cited the Polar Express as an example.
Board of Selectmen Meeting—November 18, 1997—pale 5
Camille Anthony noted that this is a difficult topic and difficult decision. She does not want to
see the bandstand in front of Town Hall. She would prefer the Memorial Park site.
Jon Asgeirson of 146 Summer Avenue and the Director of the Woburn City Band spoke.
David O'Sullivan from the Historical Commission spoke and noted that whatever the site, the
Historical Commission would want to work with the Board of Selectmen wherever it is located.
A motion was made by MacDonald seconded by Hoyt that the Board of Selectmen approve the
siting of the bandstand on the Town Hall property at 16 Lowell Street shown on the Bandstand
Committee's presentation as Site IA, in the form and configuration as shown and subject to final
Board of Selectmen approval as to design, and the Board of Selectmen accepts the Bandstand
Committee's proposal to refurbish the John and Marjorie Pacino "bandstand" at Memorial Park
in a manner to be approved by the Board of Selectmen. The motion was amended by Hines
seconded by Ensminger to add "that the Bandstand Committee will certify in writing the
availability of the funds in the amount of$50,000 prior to construction. The amendment was
approved by a vote of 5-0-0. A motion was made by Hines seconded by Ensminger to amend the
motion to add "that the Bandstand Committee will establish as part of the funding a perpetual
maintenance fund" was approved by a vote of 5-0-0. The main motion as amended was not
approved by a vote of 2-3-0, with Hoyt and MacDonald voting in the affirmative. The motion
was not carried.
Following the Board's action, Mr. Haggerty asked what other options the Bandstand Committee
had. MacDonald asked if the site chosen was Memorial Park, what would the Bandstand
Committee do. Haggerty noted that they have concerns about lack of visibility and about
vandalism, and this Committee would not pursue that site.
Following a discussion as to whether or not the Board would consider another site on the
Common, a motion was made by MacDonald seconded by Ensminger that the Board of
Selectmen approve the siting of a bandstand on the Common as shown on the Bandstand
Committee's presentation, in the form and configuration as shown and subject to final Board of
Selectmen's approval as to design, subject to proof of funding availability prior to construction,
and subject to the Bandstand Committee raising adequate funds for perpetual maintenance; and
that the Board of Selectmen accepts the Bandstand Committee's proposal to refurbish the John
and Marjorie Pacino "bandstand" at Memorial Park in a manner to be approved by the Board of
Selectmen. That motion was not approved by a vote of one in favor (Bruce MacDonald) and
four opposed. There was no further action on this matter.
Cable TV Advisory Committee — Discussion on Franchise Renewal — Mike Longo, Jim Biller
and Jim Guarente as well as Brenda Smith were present to discuss Cable TV Franchise Renewal
with the Board of Selectmen. Guarente noted that the schedule has slipped in time. They have
been having a hard time getting a quorum. They are trying to do a thoughtful job and to be
proactive. Final version of the RFP is about halfway completed.
Board of Selectmen Meeting—November 18 1997—page 6
In January, they will have a copy to present to the Board of Selectmen. Guarente hopes that the
discussion with MediaOne will be more reasonable than the last franchise negotiation.
George Hines asked about the possibility of upgrading the community access channels and
adding a camera in the Selectmen's Meeting Room. Dan Ensminger asked when the Board of
Selectmen would receive the RFP prior to presentation to MediaOne. It was suggested that this
would be February 1St' and it would have been reviewed by Town Counsel by that time. Bruce
MacDonald would like to see a competitor. He asked if the Town was free to have one come in,
and whether the Town was free to solicit for a competitor, and the answer to both was yes. An
issue for MediaOne will be level playing field language. Camille Anthony noted that we have
been down this road before.
Hearing on Holiday Liquor Sales on Sunday — Secretary Sally Hoyt read the notice of the
hearing. The Town Manager noted that this had been done for the past several years, and there
appeared to be no problems. The request has come from Christ Shomos of Square Liquors and
the other liquor store owners.
On motion by Hines seconded by Hoyt, the Board voted to close the hearing on the Sunday sale
of liquor by a vote of 5-0-0.
On motion by Hines seconded by MacDonald, the Board of Selectmen approved the sale of
liquor beginning on Sunday, November 23, 1997 and continuing on Sunday, November 30,
Sunday, December 7th, Sunday, December 14"', Sunday, December 21" and Sunday, December
28, 1997 from the hours of 12 noon until 8:00 p.m. in accordance with State law, subject to the
premises coming into compliance and remaining in compliance of the local Zoning Bylaw with
respect to signs and particularly related to illuminated signs. The motion was approved by a vote
of 5-0-0.
Liquor License Approvals
On motion by MacDonald seconded by Hoyt, the Board of Selectmen approved the All
Alcoholic Club Liquor Licenses for
Reading Overseas Veterans, Inc. 575 Main Street,
Meadow Brook Golf Club, 292 Grove Street,
Knights of Columbus, 11 Sanborn Street,
Reading Veterans Association, 37 Ash Street
for a term expiring 12/31/98 subject to the following conditions:
1. All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth
of Massachusetts shall be followed;
2. All employees of the establishment involved in the serving of alcoholic beverages shall be
trained in TIPS, or an equivalent program on the effective date of this license, and new
employees shall be trained within three months of being hired, and the operator of the
establishment will certify in writing to the Town Manager that this condition has been met; '
3. There shall be no video gambling machines on the premises.
Board of Selectmen Meeting—November 18, 1997—page7
George Hines asked the liquor license holders what their policy was on occasional use of
meeting space and facilities by other non-profit service groups in the community. Bruce
MacDonald asked if this would be a condition of the license, and Hines noted it might be.
The license is a privilege and these facilities are sometimes unused. Dan Ensminger disagreed
with the question noting that it has nothing to do with licensing. This implies a quid pro quo on
the issue of licensing. Sally Hoyt, Bruce MacDonald and Camille Anthony agreed. Sally Hoyt
noted that representatives may not be there to respond. These are not the officers who are
present. Bruce MacDonald noted that he was troubled and asked Hines to reconsider asking the
question. He felt this could be considered a condition on liquor licenses. Camille Anthony noted
that this should not be a part of the liquor license hearing. Maybe it should be part of a broader
discussion. This would represent a change in policy and should not be part of the liquor licensing
process. The question was not offered and the vote on the main motion was 4-0-1, with Hines
abstaining.
On motion by MacDonald seconded by Hoyt, the Board voted to approve the All Alcoholic
Package Store Liquor Licenses for
Reading Liquors, Inc., 345 Main Street,
Athens Liquors, Inc. d/b/a Square Liquors, 1 I High Street,
Tarin, Inc. d/b/a Uptown Liquors, 1349 Main Street
for a term expiring 12/31/98 subject to the following conditions:
1. All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth
of Massachusetts shall be followed;
2. All employees of the establishment involved in the serving of alcoholic beverages shall be
trained in TAMS, or an equivalent program on the effective date of this license, and new
employees shall be trained within three months of being hired; and the owner shall certify
in writing to the Town Manager that this condition has been adhered to.
The motion was approved by a vote of 5-0-0.
On motion by Ensminger seconded by Hoyt, the Board voted to approve All Alcoholic
Restaurant Liquor Licenses for
Savories, Inc. d/b/a Wes Parker's, 296 Salem Street,
Mecom, Inc. d/b/a Cafe Capri, 355 Main Street,
Lok Restaurant Corp. d/b/a Station House Restaurant, 32 Lincoln Street,
Harrow's Poultry Products, Inc. d/b/a Harrow's Restaurant, 126 Main Street,
Emperor's Choice Restaurant, 530 Main Street
for a term expiring 12/31/98 subject to the following conditions:
1. All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth
of Massachusetts shall be followed;
Board of Selectmen Meeting—November 18 1997—page 8
2. All employees of the establishment involved in the serving of alcoholic beverages shall
be trained in TIPS, or an equivalent program on the effective date of this license, and new
employees shall be trained within three months of being hired, and the operator of the
establishment shall certify in writing to the Town Manager that this condition has been
adhered to.
3. There shall be no video gambling machines on the premises.
The motion was approved by a vote of 5-0-0.
Proposals for Re-Use of Old Police Station—The Town Manager noted that correspondence had
been received on this matter, and will be scheduled for discussion at a later date.
Discussion of Police Station Building Committee Process with Chairman — Brett Donham,
Architect and Paul Dustin Chairman were present. A space needs document consisting of 65
pages was sent to the Reading Police Department in detail. They met this Thursday to review
this as a committee. The Committee has also visited the Wellesley Police Station which is a
20,000 sq. ft. facility. Reading will be a little bit less — 18,000-19,000 sq. ft. The programming
currently being done is a lot more extensive than the Ferro study. The issues are very clear— a
40-50 year lifetime will be provided for as well as possible, although it was noted that the
building will be bonded for 20 years or less. The building should be serviceable for 20 years,
preferably beyond.
Future expansion space, with a full basement without all of the space assigned, will be
constructed. There is a possibility of an attic. George Hines noted that the useful life of the
building structurally - i.e., steel, masonry, etc. should be more than 40 or 50 years. The
mechanical system should have a useful life of 25-35 years.
With regard to parking, 35 parking spaces will be provided on site. This requirement will drive
the site design and means that the building will be very close to the sidewalk. The access to the
new Town lot will also drive the site design. It is not financially feasible to do structured or
underground parking.
Durability — Construction costs are sometimes easier to get than maintenance costs. Quality of
materials is important. Hines noted that the architect should give the recommendation on
maintenance to the Town of Reading at the closeout. They should also establish the annual
maintenance cost, although the architect said that this was not normally done.
George Hines asked about vertical expansion. The architect noted that some money could be
spent now to put in things like a concrete attic floor which would allow for future vertical
expansion. The Board of Selectmen asked for copies of all documentation.
Paul Dustin asked what the Board of Selectmen meant by program. When the architect has met
with all parties, he will generate a list of parameters and issues to use to develop concepts. This
will be sent out to the Board of Selectmen.. The Police Station Building Committee is meeting
nd
again on the December 22 , and the December 8 meeting is in the intermediate phase.
Board of Selectmen Meeting—November 18, 1997—page 9
Initial follow-up will be scheduled with the Board of Selectmen. A Special Town Meeting will
be needed, hopefully by late February or early March. Dustin asked to keep an aggressive
schedule to keep this project on target. Bruce MacDonald asked for a "no surprises
environment." The meetings with the Board of Selectmen will be progressed to date meetings
and projections.
Proclamations/Certificates of Appreciation
Aids Day Proclamation — On motion by Hoyt seconded by Ensminger, the Board of Selectmen
approved an Aids Day Proclamation by a vote of 5-0-0.
On motion by Ensminger seconded by Hoyt, the Board voted to adjourn the Selectmen's
Meeting of November 18, 1997 at 11:55 p.m.
Respeptfully submitted,.
,Secretary
E