Loading...
HomeMy WebLinkAbout1997-12-02 Board of Selectmen Minutes Board of Selectmen Meeting December 2, 1997 The meeting was convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Selectmen Dan Ensminger and George Hines, Town Manager Peter Hechenbleikner. On motion by Hines seconded by Ensminger, the Board of Selectmen voted to go into Executive Session at 7:00 p.m. for the purpose of discussing strategy with respect to litigation, to come back into Open Session at 7:30 p.m. On a roll call vote, all three members voted in the affirmative and the motion was carried. The Board of Selectmen reconvened in Open Session at 7:35 p.m. Present were Chairman Camille Anthony, Vice Chairman Bruce MacDonald, Selectmen Dan Ensminger and George Hines, Town Counsel H Theodore Cohen, Town Manager Peter Hechenbleikner and the following list of interested parties: David Swyter, Phil Pacino, Ed Luddy, Philip Rushworth, Ann Powers, Melissa Pucci, William Carrick, Jack Russell, Jim Cormier, Mike DeBrigard, Bryan . Irwin, Brett Donham, Bill Lavoie, Sheilah Griffin, Sheila Wong, Steve Wong, Douglas Resnick. Reports and Comments Selectmen's Liaison Reports and Comments — Dan Ensminger met with Earl Sweeney from EMS, and had a good session. He seemed to be very qualified in terms of the staffing and employment study for the Police Department. He had a meeting with the Square Liquors property owner regarding concerns about the Historical Commission. He hopes for a compromise solution. The Board of Selectmen should meet with the Historical Commission about such issues. Bruce MacDonald noted that the Home Page is going through a process of revamping. Prototype should be available in two weeks, and a new Home Page should be up and operating in four to six weeks. He is working with staff Reading Notes and the Assessor's Records are on the Home Page now. George Hines noted he had a good interview with EMS. The Budget Council Subcommittee met. We are trying to reach common ground after the last Budget Council meeting. He met with a representative of a committee at Meadow Brook regarding real estate issues. RMLD is going to meet with the Board of Selectmen regarding restructuring and how they intend to pursue it. Camille Anthony had two questions - 1. Where are we on the Salem Street traffic? 2. Did we follow through with North Reading on Walmart. She also got a letter from participants from the last RAD program praising the program. Public Comments—There were no public comments. Board of Selectmen Meeting—December 2. 1997—pag;e 2 Town Manager's Report The Town Manager submitted his report to the Board of Selectmen. The Board of Selectmen's schedule for the remainder of the year is busy including: - - A Retreat scheduled for December 6, and - A neighborhood hearing on December 9 relative to the potential donation of a Town-owned lot at Wilson and Pleasant Street to the Reading Housing Authority for Affordable housing - A joint hearing with North Reading on the design of the Mill Street Bridge is scheduled for December 9 The Court has granted the appeal by P&S Convenient Store of the Lottery Commission's denial of their Keno license. The Town has until mid-January to appeal, if the Board wants to do so. Personnel & Appointments Substance Abuse Advisory Council — The Board of Selectmen interviewed Melissa Pucci, Ann Marie Powers and William Carrick for positions on the Substance Abuse Advisory Council. Leone Sullivan, D.A.R.E. Officer, was also a candidate although she was not able to be present for the interview. On motion by Ensminger seconded by MacDonald, the following names were placed into nomination for positions on the Substance Abuse Advisory Council: Leone Sullivan, Melissa Pucci, Ann Marie Powers and William Carrick. All candidates confirmed listed phone numbers and are registered voters. All received three votes and were appointed to the following positions: Melissa Pucci and Ann Marie Powers for terms expiring 6/30/00, Leone Sullivan for a term expiring 6/30/98 and William Carrick for a term expiring 6/30/99. Discussion/Action Items Legal Review with Town Counsel — Town Counsel reviewed a five page memorandum dated November 26, 1997 outlining the status of various legal issues. With regard to Video Expo, the judge will be back in the Cambridge Court in December or January, and Town Counsel has requested of the Clerk that this receive expedited review. With regard to Rucker/Cameron/Murch versus Contributory Retirement Board, Cohen reviewed the G.A.W. case in which the former General Manager of the Light Department was requested to be included in Group 4 which includes linemen, boilermen, etc. The Retirement Board did not approve this matter, and in 1993 there was an amendment to the law that allowed the Assistant General Manager and General Manager to be included in Group 4 if they performed hazardous duties, or directly supervised those who performed hazardous duties. The Retirement Board reviewed the situation and determined that they did not perform those duties. The General Manager and Assistant General Manager appealed and hearings were held in July with briefs due in September. Decisions in two cases involving Rucker and Murch found in favor of the employees and against the Retirement Board. The Town has filed an appeal to the Contributory Retirement Appeals Board. There has been no decision in the Cameron case yet. George Hines noted that at the RMLD Board Meeting the other night, he let the RMLD Board know that this would be discussed tonight. The individuals involved are being represented by Board of Selectmen Meeting—December 2, 1997—page 3 the RMLD General Counsel. There is no benefit for this change to the rate payers or the Town and he felt that they should have been represented by their own Counsel. Phil Pacino, Chairman of the RMLD Board, advised that the Retirement Board decided to appeal the case. Reading has a well run system and should retain the excellent staff that they have. They provide the best package that they can for employees. The pension is 100% paid by the RMLD. In response to the question, David Swyter from the RMLD Board noted that $80,000 has been spent on this case to date. They did not want to spend this money but they were driven to do so by the Contributory Retirement Board. George Hines asked if the RMLD representatives were saying that in order to attract top management personnel, they had to be placed in retirement class Group 4. Phil Pacino said that they needed to be competitive. David Swyter noted that in order to promote people internally to potential management positions, employees needed to keep their Group 4 status. George Hines noted that the past and present general manager are held in high regard, and it was not a condition of their employment that Group 4 status was granted. Phil Pacino admitted that the existing General Manager was aware that he was not in Group 4 when he was hired. Ted Cohen noted that the Retirement Board has reviewed all jobs descriptions for people who are considered Group 4, other than Police or Fire. Dave Swyter noted that you will occasionally find a General Manager and Assistant General Manager present in storm situations. Mr. Pacino claimed that he had personally witnessed the General Manager at storm sites. Dan Ensminger noted that the legal money for this case and the Haven Street case were each higher than the total annual compensation for Town Counsel. Dave Swyter said that the Light Board did not want to enter into this action. Bruce MacDonald noted that the Light Board could have accepted the Retirement Board's decision. He felt that there should be other ways to compensate the General Manager other than through the retirement system. Pacino noted that the RMLD pays all of its retirement costs. George Hines noted that if this ruling stands, then the Town Manager as the person responsible for public safety should be considered to qualify also. It seems an insult to those who do qualify for Group 4 status. Town Counsel reviewed the outdoor advertising board issues. The Board suggested that the Town Manager write a letter to our legislative delegation explaining the circumstances of this bizarre case. Bruce MacDonald asked about the Keno decision. The Superior Court found against the Lottery Commission (and the Town) on this case. In a very similar case in Boston, the Superior Court found the opposite way. The Board of Selectmen has to reach a decision as to whether or not to appeal by January 11''. George Hines felt that action should be taken promptly so that the property owner would not expend funds needlessly. Cohen did discuss the matter with the P&S attorney and recommended that they not spend money until the Town of Reading and the Attorney General decide on the course of action. George Hines noted that he had not received the September and October monthly reports from Town Counsel. Board of Selectmen Meeting—December 2, 1997—page 4 Review Building Program — Reading- Police Station with PSBC — Jack Russell, Bill Lavoie, Bryan Irwin, Mike DeBrigard and Jim Cormier from the Police Station Building Committee were present as well as Brett Donham, the architect. A list of potential issues was reviewed, and these will all be addressed as part of the program. The review and comments and the preliminary space needs will be reviewed additionally with the Reading Police Department, and a visit to the Wellesley Police Department's new facility will be conducted. George Hines noted that the list of concerns were points that the Board of Selectmen wanted to have with the architect early on. This is not an intimation that the Police Station Building Committee would not convey similar issues. Brett Donham noted that we are looking at balancing a very difficult site, cost considerations, and the needs of the Department. Two and one-half weeks ago, he had his first meeting with the Police Department, and handed out the first draft of the program which was 17,500 sq. ft. The Police Department met internally and reviewed the program, and a revised draft program at a requirement of 20,000 sq. ft. Their target is 19,000 sq. ft. The Police Station Building Committee is meeting on Monday. Bruce MacDonald asked if the process being conducted was viable. Russell noted that it was okay but the timing was a little bit unknown. The Board of Selectmen thanked the Police Station Building Committee for coming in this evening. George Hines asked about the difference in the programs. He noted that the Ferro study had larger detention space — why the savings? Cormier noted that there are no juvenile cells. Juvenile and female cells are inter-flexible. There will be flexibility between the male and female cells. The report room has been merged with the roll call room, and there is no separate day room. The Police Department is in agreement with these changes. The increase in the locker area is because there are fifty officers potentially and ten dispatchers, and they had requested larger lockers. The fan room was not assumed as a separate space in the Ferro study. There was discussion as to whether or not the generators should be indoors or outdoors, balancing muffling effect and other considerations. George Hines asked about expansion space. Camille Anthony hoped that the building would be situated so that it is visible coming into Town from the North. She suggested a kitchenette near the common room. Review of Proposals for Potential Uses for Police Station Property The Town Manager noted that several items of correspondence including one proposal had come in. Bruce MacDonald asked about the phasing with regard to the blight planning program and what the time line would be. George Hines asked how many spaces would be available at the Police Station and it was noted that there would be 35. He noted that the existing station site was rejected because there was not enough parking. Board of Selectmen Meeting—December 2. 1997—page 5 Bruce MacDonald noted that we may need more parking, but this site is not the only solution. Dan Ensminger asked if Pleasant Street on-street parking would supplement the parking for this purpose. Bruce MacDonald suggested that perhaps the Russell property would be available. He felt that the parking is not the end result. People need to have a reason to park like an Arts Center. George Hines noted that all uses have constituencies. He feels that it is false logic to ignore a document in need for parking and add a use that generates traffic. The Board of Selectmen asked for a time line and two or three alternatives as to how parking might be accomplished. When we get the schematic plans for the Police Station site, we can overlay those on the Downtown plans. Licenses, Permits and Approvals Transfer of Liquor License by Mandarin Reading Restaurant (formerly Wes Parker's)- Dan Ensminger read the notice of the hearing. Sheilah Griffin represented the applicant, and Sheila and Steve Wong (owners) and Douglas Resnick (Secretary) were also present. The applicant represented that they understood the liquor pouring policy and smoking regulations of the Town. They would like to be allowed to open on Christmas Day. They have the financial strength to carry out this operation. They have a five year lease, two five year extensions are optional. They would like to pledge the license back to Savories, Inc. In pledging the license, if there is a default by Mandarin Reading Restaurant, Inc., the license would revert to Savories, Inc., but this would require the Board of Selectmen's approval. George Hines asked if the Board of Selectmen chose to not renew the license or revoke it, what would happen. The license pledge would then disappear. Hines asked if the applicants have had a license suspension in any facility that they have managed, and they answered that they have not. He asked if they had done a market study because there has been a lot of turnover at this restaurant. It was noted that the owners have a Danvers restaurant that serves many Reading customers. Relative to the smoking policy, their Westboro facility is totally non-smoking, and that is not a problem. This was done by their choice. In other communities, they are considered a good community participant and are inclined to participate in community activities here. Relative to Christmas opening, they would not be open this Christmas and the Town Manager noted that he was not sure what the regulations were. Dan Ensminger noted that he liked their liquor pouring policy and we should consider adapting this policy for use as the Town's policy. George Hines asked if they had or would request Keno, and they indicated that they would not. This is a family restaurant. Hines and Anthony noted that they wished they had known about the pledging of the license in advance. On motion by MacDonald seconded by Ensminger, the Board of Selectmen voted to close the public hearing on an application to transfer the liquor license at 296 Salem Street from Savories, Inc. to Mandarin Reading, Inc. by a vote of 4-0-0. Board of Selectmen Meeting—December 2, 1997—page 6 On motion by Ensminger seconded by MacDonald, the Board of Selectmen voted to approve an application to transfer the liquor license at 296 Salem Street from Savories, Inc. to Mandarin Reading, Inc. and to approve the Pledge of the License to Savories, Inc. subject to the following - conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed; 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; the operator of the establishment will certify in writing to the Town Manager that this requirement has been met. There shall be no video gambling machines on the premises. The motion was approved by a vote of 4-0-0. The Board of Selectmen's Agenda for the 16th will have the proposed Request for Proposals for the Selectmen's approval. On motion by Ensminger seconded by Hines, the Board voted to go into Executive Session at 10:55 p.m. for the purpose of discussing strategy with respect to purchase or sale of real estate, and strategy with respect to labor negotiations, not to come back into Open Session. On a roll call vote, all four members present voted in the affirmative and the motion was carried. Respectfully submitted, ,.r /�Secretary,