Loading...
HomeMy WebLinkAbout1996-01-02 Board of Selectmen Minutes Board of Selectmen Meeting January 2, 1996 The meeting convened at 6:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Dan Ensminger, Bruce MacDonald, Town Manager Peter Hechenbleikner, Counsel Cheryl Blaine, Special Counsel Peter Epstein, Cable TV Committee Members Richard Cohen, Jim Guarente, and the following list of interested parties: Paul Feely, Nancy Eaton, Ann Greenwood, Franca Barrasso, Harold Hulse, Gloria Hulse, Kristin Gerhartz, Steven Ciccatelli, Esq., Ron Strandberg, Kenneth Brown, William Griset, Jr., Michael Hayes, Dorothy Hayes, Richard E. Bell, Jr., Donna Spelman, Mark Favalaro, Dana Hennigar, Ed Peduto, Kate Kaminer, Joe Connelly, Nelson Burbank. Continental Cable TV Negotiations Peter Epstein noted that with regard to the Cable TV process, the Town could use a formal or informal process. He recommends the formal process be pursued. He noted that some statements in Continental Cable's filings were inaccurate. He reviewed his memo of 1/2/96. Dan Ensminger asked how much teeth the last sentence has, and Peter Epstein noted that it did not have much teeth other than direction to negotiators. Sally Hoyt noted that the issues she has heard are: lack of response to customer complaints; program selection/quality of programs and rate increases. Dan Ensminger noted that we have no authority over program selection and rate increases. Epstein noted that the Town can exert authority over the lack of responsiveness. Bruce MacDonald noted that the local office is an issue. George Hines noted that the ball is in the Town's court with respect to a temporary restraining order. He would recommend that the Town take no action. Peter Epstein noted that he is not endorsing any option. One option is not to deny the license. One concern about taking no action is that you don't know what the court will direct. Taking no action keeps this issue within the jurisdiction of the court in some manner. Dan Ensminger asked how much time this would take in court. Peter Epstein noted that we would have to go back at least one or two times. An issue might also go to the State Cable TV Commission, but it might not. Option 1 is unpredictable. George Hines noted that the Town had renewed the license for 90 days. Continued authority to negotiate was given to the Town Manager and Counsel. The Board offered to meet with Continental Cable face to face. Board of Selectmen Meeting - January 2 1996 - page 2 Bruce MacDonald noted that he was still angry that Continental Cable went to court rather than taking the 90 day extension. His concern about the first option - take no action - is that Continental Cable will go to court again. Continental Cable could then bundle in the changes in the current contract altogether. Epstein noted that he can't imagine that while negotiating the court would modify the current agreement. The court would probably mediate procedurally. The pressure would be on both sides to move on. George Hines thought we should not move from the position that we took which is that we are ready to continue negotiations and that a direct meeting with the Board of Selectmen would be available. Dan Ensminger noted that he would lean toward Option 3. There would be some court costs. If the main concern is externalization of studio improvements, this would weigh against the court costs. It is not clear that nine to fifteen months franchise renewal gets passed where we are. It may not be in the Town's interests to rush the process with regard to the regulatory process and Federal law. Sally Hoyt concurred with Dan Ensminger. Bruce MacDonald noted that neither option guarantees agreement. Peter Epstein noted that there is no guarantee that the judge would order the formal process. Bruce MacDonald noted that if we go to the 90 day/30 month option, there is a strong likelihood that we would default to the 30 month option. That would lock in the local office. It was the freedom to continue negotiate level playing field language, and leave open the possibility of a second provider. He views Continental Cable as adversarial. What the 30 month extension would not do is get capital improvements. George Hines asked if the local office is locked in if we go to a 30 month extension. Peter Epstein noted that the renewal term and all provisions would be continued and, therefore, they would have to keep the local office open. The question was asked as to the court costs regarding a temporary restraining order. Epstein noted that Ted Cohen could probably handle it. The total amount of $5,000 was authorized for Special Counsel. That amount is basically exhausted. There is discussion with regard to pending legislation. Epstein noted that the legislation is pending, and doesn't really change the Cable TV regulations. MacDonald asked if there was anything in the proposed regulatory changes that would allow rate regulation to be done locally. Epstein noted that in 1979 Massachusetts deregulated the rates. He noted that if another provider like NYNEX came to Reading, they would offer video dial tone, and would not be subject to franchise or license. On motion by Ensminger seconded by Anthony, the Board of Selectmen voted to take the motion for reconsideration off the table by a vote of 5-0-0. This is a motion to reconsider the action of the Board of Selectmen of 12/26/95 relative to Cable TV franchise regulation. i i Board of Selectmen Meeting - January 2, 1996 - page 3 Dan Ensminger noted that a 25 month extension was viable. Peter Epstein had not heard back that this was unacceptable. Their last statement from Continental Cable was that 30 months is acceptable. extension, Camille Anthony asked if we do a 90 day extension and a 30 month ext , she would like assurance that the existing contract is in effect particularly with regard to deterioration of equipment. In order to not renew the license, the Town would have had to have just cause. The notice for non-renewal would have to be signed by the Board of Selectmen. Richard Cohen had spoken with the State Cable Commission. With regard to the process for denial, it could be denied based on the fourth criteria -- that would benefit the Town and an appeal could go to either the Cable Commission or the Superior Court. Peter Epstein noted that the appeal could be made to the Commission. The Town could argue that before Continental Cable could go to the Federal Court, they would have to exhaust all administrative remedies. There appears to be a conflict of remedies. In this case, there is no actual denial. Is the Continental Cable proposal inadequate to meet the community needs based on the costs involved. He would not advise the Board of Selectmen to deny the franchise agreement. The court has already treated it as a constructive denial. Can Anthony asked what would happen if Continental Cable is not doing everything they are supposed to do under the franchise. Peter Epstein noted that they would need to be given notice and an opportunity to cure what they were not doing. Camille Anthony asked if Continental Cable has the right under law to go through the formal process. Epstein noted that this was not absolutely clear. Jim Guarente from the Cable TV Committee noted that the formal or informal process is just procedure. He agrees with Dan Ensminger. Continental Cable has the advantage. In three years, they will have a stronger position. They are not currently threatened by anyone. They believe that the level playing field is a major issue. Bruce MacDonald asked what has changed. The court is now involved. Courts are not necessarily predictable or the friend of the Town. By granting some renewal, the Town retains some local control over the negotiations. We would retain the local office. He would support the 90 day/30 month extension. Jim Guarente noted that the Town is in the process of doing the annual review of performance. In the seven years we were doing this performance review, no one has shown up. The other three years, there has been only minor concerns. This is a wake-up call for the community. The vote on reconsideration was 4 in favor, 1 opposed, 0 abstaining, with Hines voting against. Board of Selectmen Meeting - January 2 1996 - page 4 A motion was made by Ensminger seconded by MacDonald to grant a 90 day renewal subject to an automatic extension for 30 months in accordance with Paragraph 1.2 of Peter Epstein's memo of 1/2/96. Anthony moved and Hines seconded a motion to provide for a 27 month extension rather than 30 months. MacDonald asked if that presented a procedural problem, and Epstein noted that it would be a procedural problem. The amendment was not approved by a vote of 2-3-0. With regard to the main motion, George Hines asked that we keep the same language regarding allowing Special Counsel and the Town Manager to continue to negotiate. The vote on the main motion was 4-1-0, with Hines opposed. Bruce MacDonald noted that we should look for alternative providers. On motion by Ensminger seconded by Anthony, the Board instructed the Town Manager and Special Counsel and the Cable TV Advisory Committee to (1) begin tracking all problems and issues with regard to the current Cable TV provider, (2) begin discussions with other Cable TV vendors as appropriate and (3) begin discussions with the Massachusetts Municipal Association and others relative to Cable TV regulatory process. The motion was approved by a vote of 5-0-0. Discussion/Action Items Hearing on Speed Limits - "Old" Sanborn Lane - Secretary Camille Anthony read the notice on a public hearing for a speed limit on "Old" Sanborn Lane at 8:00 p.m., a hearing on residency requirements for members of Boards, Committees and Commissions at 9:00 p.m., and a continuation of a hearing regarding license approval to RMLD from Summer Avenue to Bear Hill Site at 9:20 p.m. George Hines noted that this hearing is on the speed limit issue. Steven Ciccatelli presented a petition signed by all residents of"Old" Sanborn Lane. The reasons to support the 15 miles per hour speed limit are relative to lack of sidewalks, poor lighting and varying street widths. Camille Anthony asked why a 15 miles per hour speed limit rather than a 20 miles per hour speed limit is appropriate. Steven Ciccatelli noted that if the speed limit is posted to 20 miles per hour, it would be exceeded by 5-10 miles per hour. The road width is 15-20 feet. Chief Marchand noted that he is familiar with "Old" Sanborn Lane. He sees no reason why it cannot be a 20 miles per hour speed limit. They can enforce 20 miles per hour. He noted that the Police Department cannot be at this site at..all times. On any road, the State sets the speed limit based on what vehicles are traveling at any time. Chief Marchand was asked if we have any 15 miles per hour speed limits in Town, and Marchand noted that we don't --we have a 20 miles per hour speed limit on Birch Meadow Drive. Bruce MacDonald asked about the speed limit on the Mineral Street Bridge. That speed limit is not yet set. f I I Board of Selectmen Meeting -January 2, 1996 - page 5 Steven Ciccatelli noted that a lower speed limit is safer. There is no comparable roadway in Reading. All the residents want a 15 miles per hour speed limit. MacDonald asked about the process for revision, and Cheryl Blaine noted that the Board would need another hearing. Gloria Hulse asked why the Chief feels that a 15 miles per hour speed limit cannot be enforced. He believes that the average speed is over 15 miles per hour. The Police Department won't be able to be there at all times. The Chief felt that we should not develop regulations that the Police Department can't enforce. With a 20 miles per hour speed limit, he doesn't feel that people will be going over 20 miles per hour. Bruce MacDonald noted that if we set the speed limit to 15 miles per hour, virtually every vehicle will be in violation. He feels we should set a lower expectation for what the speed limit should be. Lucky Hulse noted that presently vehicles are traveling 35-40 miles per hour. Bill Griset of 68 Sanborn Lane spoke. He felt that whatever the speed limit is for "Old" Sanborn Lane should be established for the whole of Sanborn Lane. He felt that this is needed for uniformity and safety considerations for the whole street. Ciccatelli noted that the matter before - the Board of Selectmen is for the private road only. Other portions are built in accordance with appropriate layout including 30 foot pavement, curb and sidewalk. Bruce MacDonald asked about the length of the private road, and Hulse noted that it is approximately one quarter mile. George Hines expressed concern about varying the speed limits. He feels recommendations are consistent with the school zone. He has driven the roads and feels they are in good condition except for one spot. Bruce MacDonald noted that he takes the Chiefs recommendation seriously. Cheryl Blaine noted that because a petition has been made, the Board of Selectmen has the ability to set the speed limit at 15 miles per hour. If this speed limit is to be anything else, it needs another petition. Dan Ensminger asked if the instruments can measure the speed at 15 miles per hour, and the Chief indicated that they could. Ciccatelli noted that he would amend the petition so that if it doesn't work at 15 miles per hour, the Board of Selectmen can go to 20 miles per hour at a later date, if they wanted to do so. Sally Hoyt noted that she appreciates the Chiefs recommendation but is concerned about the safety of the residents. Bruce MacDonald noted that with respect to Bill Griset's concerns,. he hopes that if a problem arises that we can hear about it. Camille Anthony noted that signs will be installed at the Town's expense. Board of Selectmen Meeting- January 2 1996 - page 6 On motion by Hines seconded by Anthony, the Board voted to close the public hearing on a petition to establish a 15 miles per hour speed limit on "Old" Sanborn Lane. The motion was approved by a vote of 5-0-0. On motion by Ensminger seconded by MacDonald, the Board voted to approve a speed limit of 15 miles per hour on the private way known as "Old" Sanborn Lane, in accordance with the applicable provisions of State law. The motion was approved by a vote of 5-0-0. Hearing Regarding Residency Requirements for Boards Committees and Commissions - Secretary Camille Anthony read the provisions of the legal notice relative to this hearing. The Town Manager reviewed the policies proposed by the Board of Selectmen. Bruce MacDonald noted that this would apply to the Conservation Commission. Hines hoped that the Board of Selectmen would agree to approve the policy. On motion by Hines seconded by Anthony, the Board voted to close the public hearing on an amendment to Section 2.1 of the Board of Selectmen's Policies relative to establishing residency and voter registration requirements for members of Boards, Committees and Commissions. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Ensminger, the Board voted to approve an amendment to Section 2.1 of the Board of Selectmen's Policies relative to establishing residency and voter registration requirements for members of Boards, Committees and Commissions appointed by the Board of Selectmen, as highlighted in the handout for the January 2, 1996 meeting, and amending Section 4.10 of Article 4. The motion was approved by a vote of 5-0-0. HearingApproval of License - to RMLD from Summer Avenue to Bear Hill Site - Secretary Camille Anthony read the notice of the hearing relative to the issuance of a license to the RMLD on property on the easterly side of Sixth Street to provide utility service to the so-called Bear Hill property. The Town Manager presented maps showing the proposed location of the easement. This had historically been used as the utility access to the Nike Base when it was on Bear Hill. On motion by MacDonald seconded by Hines, the Board voted to close the public hearing on the issuance of a license to the RMLD et al relative to granting a license on the easterly side of Sixth Street to provide utility service to the so-called Bear Hill property. The motion was approved by a vote of 4-0-1, with Ensminger abstaining. On motion by MacDonald seconded by Anthony, the Board voted to grant a license to the RMLD, New England Telephone Company and other cable utilities on the easterly side of Sixth Street from Summer Avenue to the so-called Bear Hill property in accordance with the i� Board of Selectmen Meeting -January 2 1996 - page 7 description as noted in Exhibit 6A and in accordance with the sketch entitled Exhibit B, and that the Board approves the execution of the grant of license as submitted with any tree cutting in connection with the license to be reviewed and approved prior to cutting by the Tree Warden. The motion was approved by a vote of 5-0-0. Approval of Easement - Strawberry Hill Lane Development - Mark Favalaro appeared before the Board and noted that the need for the easement exists because this is registered land. The acceptance by the Board is a safeguard so the Town knows what it is getting and accepts it. On motion by Hines seconded by MacDonald, the Board voted to approve the easement for the Strawberry Hill Lane subdivision in accordance with the approval of the development by the Community Planning and Development Commission. The motion was approved by a vote of 5-0-0. Discussion on Board of Selectmen's Policies re: Liaison Reports Identification of People Speaking Before the Board - The Board discussed the issue of the Selectmen's Policies regarding liaison reports and other issues. The Town Manager will draft a policy on identification of citizens speaking before the Board. The Board agreed that liaison reports should be only on important issues and that if all members of the Board of Selectmen attend a function, then the Chairman will report on it. Anthony noted that the intent of these reports is for a Board member to report if they.are working on a specific issue with another Board, Committee or Commission. Dan Ensminger suggested an informal time limit of 2-3 minutes. The Board agreed that the MMA write-up would be an exception. Follow-up on Recreation Fees and Capital Improvements - Kate Kaminer, Chairman of the Recreation Committee, and Joe Connelly, Recreation Administrator, were present. The Recreation Committee had voted, contrary to the Board of Selectmen's direction, to reduce the Recreation field use fees. George Hines noted that the issue is that a decision was made by the Board of Selectmen, and he is concerned about the process. The Recreation Committee did not feel that "the Board of Selectmen would maintain a commitment to park maintenance as a priority". The dynamics between the Board of Selectmen and the Recreation Committee is the issue. Joe Connelly noted that the Recreation Committee felt it was unclear whether the "vote" by the Board of Selectmen was a recommendation or a decision. The Recreation Committee's concern is the fields. They had a meeting with the Sports Organizations. Kate Kaminer feels that the investment in the fields should be protected. George Hines noted that the Capital Improvements Program estimates are based on immediate needs. Nancy Eaton noted that the Open Space Plan suggests an endowment fund. On motion by MacDonald seconded by Anthony, the Board of Selectmen voted to affirm the previous vote of the Board of Selectmen that the field use fee will be $10.00 per game. The motion was approved by a vote of 5-0-0. Board of Selectmen Meeting - January 2, 1996 - page 8 Reading Ice Arena's Request to Build a Storage Building - Dana Hennigar, Nelson Burbank and Ed Peduto were present. They showed a sketch of a 14' by 21' 294 sq. ft. building that they would like to install on slab. The color will be similar to the Arena. The building would include storage of the lawnmower, snow plow, spreaders, etc. They prefer the storage to be external to the building. There could also be storage of some bulk materials. Included could be stagings and backdrops. Space under the stands is being developed for storage for other athletic programs. The parking lot is currently 16' from the building and the storage building would be constructed within the space between the building and the parking lot. It does not require an additional walk and is not near a wetland. They would want an electrical outlet but the building would not be heated. On motion by Hines seconded by Anthony, the Board voted to determine that the Reading Ice Arena Authority's proposal to construct a small storage building adjacent to the Burbank Arena building, consisting of approximately 294 sq. ft. in the approximate location shown on the sketch submitted, is consistent with Paragraph 6 of the lease between the Town of Reading and the Reading Ice Arena Authority. The motion was approved by a vote of 5-0-0. The Town Manager asked for a vote by the Board of Selectmen regarding the building permit fee for the Pearl Street School project. The fee is established and means that we are charging for building inspection on a portion of the building which is for Town use - the community room - and that we are charging full cost for inspection for the affordable housing units. The Town Manager is recommending a reduction in the building permit fee to $34,200. On motion by Ensminger seconded by Anthony, the Board voted to reduce the building permit fee for the Pearl Street School project by $4,290 to $34,200 because of the community benefit of providing 10% more affordable housing units than required by the Town's Zoning By-Laws, and because of the applicant's providing a community room to be used as determined by the Town for use as compatible with the primary use of the property as an assisted housing facility for the elderly. This reduction fee is in lieu of the aforesaid special circumstances and will not bind the Board to act in a similar manner in any other circumstance. The motion was approved by a vote of 5-0-0. There being no further business, on motion by Ensminger seconded by Hines, the Board voted to adjourn at 10:30 p.m. by a vote of 5-0-0. Respectfully submitted, Sec`etary