HomeMy WebLinkAbout1996-04-09 Board of Selectmen Minutes Board of Selectmen Meeting
April 9, 1996
The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading,
Massachusetts. Present were Chairman Sally Hoyt, Secretary Camille Anthony, Selectmen Dan
Ensminger and Bruce MacDonald, Town Manager Peter Hechenbleikner (Selectmen George
Hines joined the quorum at 7:30 p.m.) and the following list of interested parties: Nancy Eaton.
Approval of Minutes
On motion by MacDonald seconded by Anthony, the minutes of the Selectmen's meeting of
October 10, 1995, were approved as amended by a vote of 4-0-0.
On motion by Ensminger seconded by Anthony, the minutes the of the Selectmen's meeting of
October 24, 1995, were approved as amended by a vote of 4-0-0.
On motion by MacDonald seconded by Anthony, the minutes of the Selectmen's meeting of
February 27, 1996, were approved as amended by a vote of 4-0-0.
On motion by MacDonald seconded by Anthony, the minutes of the Selectmen's meeting of April
2, 1996, were approved as amended by a vote of 3-0-1 with Ensminger abstaining.
Proclamation for Arbor Day- On motion by Anthony seconded by Hines, the Selectmen approved
a Proclamation designating April 26, 1996, as Arbor Day in Reading by a vote of 5-0-0. Bud
Dickey was present to receive the Proclamation, and express his appreciation to the Board of
Selectmen, the Town Manager, and the Engineering Division for their support of shade trees in
the community this year.
Liaison Reports/Selectmen's Comments
Dan Ensminger read a letter from Peter Simms regarding the proposed Woburn Street parking lot
which is the subject matter of Article 8 at the Subsequent Town Meeting.
Camille Anthony noted that Bryan Irwin invited the members of the Board of Selectmen to attend
the Downtown Steering Committee Meeting on April 25, 1996. The Board noted that is a
potential Town Meeting date and the Town Manager will contact Mr. Irwin to see of we could
change it to April 30, 1996. Anthony asked for a Community Day Proclamation by the Board of
Selectmen, and asked that the handout that was distributed to Town Meeting be included in the
Reading Notes.
Bruce MacDonald noted that he is still hearing some concerns about Sanborn Lane issues - and
especially the level of behavior. The Police are responsive. The Town Manager noted that he
was hopeful based on conversations today that the mediation process would be able to go
forward. MacDonald is also receiving lots of calls regarding condo trash, and noted that the
Selectmen are continuing to address the issue. He and Dan Ensminger are liaison to the Solid
Waste Advisory Committee, and condo owners are also invited to attend and participate in this -
Board of Selectmen Meeting - April 9, 1996 -page 2
process. The adult entertainment zoning initiative is moving forward, following a meeting with
the Planning Commission. He distributed samples of other Bylaws to the Planning Commission,
and we hope to have an Article put on for Fall Town Meeting. The purpose is to be proactive in
establishing controlled circumstances for so-called adult entertainment rather than being reactive
in having to accept such facilities where they may not be acceptable to the community.
George Hines noted that the Downtown Steering Committee held their Second Step Program on
March 21, 1996. He attended several FinCom meetings, and FinCom has requested that the
Board of Selectmen rebid legal services for FY98. Hines suggested that the Board of Selectmen
adopt a resolution asking the Lottery Commission to do away with KENO as a game, and to
eliminate the one license that exists in Reading in order to continue to have a level playing field.
Hines asked that staff notify the Board of Selectmen if the Selectmen's meeting is scheduled for
time other than 7:30 p.m. Anthony also noted that it would be helpful if we could let Board
members know if something in their packet requires immediate action.
Sally Hoyt attended the Middlesex County Advisory Board meeting where they voted on the
FY97 budget. There is a 0% increase from last year and, therefore, will be no additional charges.
Public Comment
There was no comment from members of the public who were present.
Town Manager's Report
The Town Manager reported on the progress of Town Meeting to date and the suggested
schedule for the 1 lth and 22nd of April. He noted that there was an error in the figures on Article
9 and the FinCom and the Board of Selectmen have a summary of the proposed costs for the
Walker's Brook Drive sewer. There are still vacancies on a number of Boards, Committees and
Commissions. The Town Clerk's office hours are now expanded to 8:00 a.m. until 5:00 p.m. The
Civil Service exam has been posted for Police Department Sergeants and Lieutenants. The
Selectmen's Forum on March 28, 1996, was successful. The Town Manager has followed up on
the taxi identification issue that was raised. The follow-up meeting on Route 129 was very
successful. The Town has submitted a Transportation Enhancement Grant Application for
engineering work related to Downtown. There are two new businesses in Downtown - the new
"Chapter One" bookstore and Bathrooms Etc. The Compost Center opened on April 6, 1996,
and will be open Saturdays and Sundays. Street sweeping will begin shortly. The Town will
receive snow and ice reimbursement in the amount of$61,123 from the State, and we are doing a
reimbursement request to FEMA for just over $71,000. The Garden Club has proceeded to get
organizations and businesses to adopt all of the available islands in town, and there should be
considerable improvement this Spring and Summer. The Garden Club has received State and
National recognition.
Board of Selectmen Meeting- April 9, 1996-page 3
Personnel and Appointments
The Town Manager recommended the reappointment of Richard P. Foley as Town Accountant
for a term expiring March 31, 1997, or until his successor is appointed. On motion by
MacDonald seconded by Hines, the Board voted to appoint Richard P. Foley as Town
Accountant for a term expiring March 31, 1997, or until his successor is appointed. The motion
was approved by a vote of 5-0-0. The Town Manager will conduct the Town Accountant's
evaluation with input from the Board of Selectmen, and the Board of Selectmen will sign the
evaluation. The Board would also like to develop a schedule of meetings with the Town
Accountant, probably around the quarterly reporting structure.
Discussion/Actions Items
Cable TV License - The Town Manager reviewed the status of the Cable TV negotiations and
license. The approval granted by the Board of Selectmen in early January provided for a 90 day
license effective until April 11, 1996, and then if agreement could not be reached on a new 10
year license, there would be a 30 month license which would expire October 11,. 1998. No
agreement could be reached on a long-term license. The major sticking point is level playing field
language. George Hines noted that the process may have been better served to involve the Board
of Selectmen again before the deadline was reached.
The Board will need to set up a meeting to discuss how to proceed. Town Counsel, Special
Counsel, and the Cable TV Advisory Committee should be involved in this meeting, and it should
be a special meeting. Camille Anthony noted that Continental Cable should be required to meet
the exact letter of the license. Hines asked for an up-date of the Telecommunications Act when
we meet jointly. Hines noted that this is an automatic renewal-there is no choice and no action is
required by the Board of Selectmen. On motion by Anthony seconded by MacDonald, the Board
voted to direct the Town Manager to send the correspondence dated April 8, 1996, drafted by
Peter J. Epstein, Esquire, to Continental Cable reiterating the inability of the parties to come to an
agreement regarding a long-term renewal of the Cable TV Franchise, and thereby affirming that
the Franchise Agreement currently in place continues all of the terms and conditions of the
Franchise dated December 29, 1980, and that the current Franchise Agreement expires October
11, 1998. The motion was approved by a vote of 5-0-0.
Town Employees being Members of Boards Committees and Commissions - The Town Manager
reviewed his memo of March 8, 1996. He outlined six situations where full-time employees were
also members of Boards, Committees and Commissions. Camille Anthony noted that some
communities have Bylaws regarding Special Employee Status and wondered if the Town should
have such a Bylaw. The intent of such Bylaw would be to be further restrictive than the State
Law in terms of what activities a Special Employee may engage. Dan Ensminger noted that we
needed to look at the philosophy of the Board with regard to Special Employee Status vis-a-vis
"worker Boards" versus "policy making Boards." .Bruce MacDonald noted that a Bylaw such as
Camille Anthony talked about could be more restrictive. He would like employees to be able to
participate in civic life of the Town. Some Boards are advisory versus policy making or
Board of Selectmen Meeting-April 9, 1996 -page 4
regulatory and this difference should be noted. Dan Ensminger noted that he thought there were
three categories which would be of a concern in granting Special Employee Status: 1) when an
individual is likely to represent others before a Board, Committee or Commission of the Town; 2)
when an individual derives some benefit from the decisions of a Board, Committee or
Commission; for example, a Police Station Building Committee having members of the Police
Department on it; 3)where an individual on a Board, Committee or Commission regulates an area
of interest and where they are promoting an activity related to that interest. An example would be
the Conservation Commission and vernal pool issues.
MacDonald noted that he was in general agreement with Dan Ensminger's analysis, but he
disagrees with the third item. George Hines reminded the Board that we need to remember the
two way relationship that Town Counsel had previously discussed with the Board. He agreed
with Dan Ensminger. With regard to the Police Station Building Committee, he noted that this is
not a siting committee. He agrees with Dan Ensminger that this Committee should be
reconstituted - that the Board of Selectmen should give the Committee their thanks but that the
make-up and directionof the Committee should be reexamined. He added that one additional
category might be a position that is primarily ceremonial.
MacDonald noted that he thought the two way test had to do more with financial interest within
the Conflict of Interest Law. George Hines noted that in one of the cases before the Board, the
individual is not a citizen of the community. The discussion could be removed from the Conflict
of Interest discussion, but it is a violation of the Board of Selectmen's Policy.
The Chairman recognized Nancy Eaton who noted that the vernol pool regulations are State
Regulations. It is the State that makes the decision as to whether or not to certify a vernol pool.
The Conservation Commission enforces State Regulations that exist. There is not an issue here of
the Associate Member who is expert in vernol pools promoting himself. The Vernal Pool Club
holds copyrights to all publications and there is no personal gain to the employee. The EPA has
published his book and the Commission appreciates the benefit of his input on issues before the
Commission. It is people like that the Conservation Commission needs to have access to. The
Commission evaluates all information in light of the rules and regulations. The Conservation
Commission is not unduly swayed by one individual. Hines noted that he was glad to hear that
the Commission was independent but the perception in sitting before the Conservation
Commission is that this one individual, who is a non-voting Associate, runs the Commission. He
comments on all cases, questions applicants, etc. Eaton noted that she felt there had been a
change in procedure. Town Counsel H Theodore Cohen joined the meeting at this time. He was
asked if the issue of representing another group before a body of the Town was only when that
representation was for pay or whether it was under any circumstances. He noted that it was
under any circumstances. Bruce MacDonald asked if Special Employee Status is granted,
whether it can be removed. Cohen noted that it could. The Board discussed whether Special
Employee Status, when its being done for an individual, can automatically expire when a person
leaves.
Board of Selectmen Meeting-April 9, 1996-page 5
Cohen noted that Special Employee Status is granted for the full class of individuals - i.e. all
members of a Board, Committee or Commission.
On motion by MacDonald seconded by Anthony, the Board voted to designate the Custodian of
Soldiers and Sailors Graves as Special Municipal Employee until further vote of the Board of
Selectmen. The motion was approved by a vote of 5-0-0. The Board discussed how this would
be filed, and the Town Manager noted that we would place a special note on the roster of Boards,
Committees and Commissions, and would also create a file in the Town Clerk's Office. It was
also noted that if the Town proceeded with a Bylaw establishing certain conditions of behaviors
for a Special Municipal Employee, this could be applied to all Special Municipal Employees who
are currently or in the future designated as such.
On motion by Ensminger seconded by Hines, the Board voted to designate the Town Forest
Committee as Special Municipal Employees until further vote of the Board of Selectmen. There
was discussion as to whether or not Bud Dickey, full-time employee, who is on the Town Forest
Committee took direction from the Town Forest Committee. Public Works Director Ted
McIntire noted that any such direction had to go through him. The Board approved the motion
by a vote of 5-0-0. MacDonald moved and Anthony seconded a motion to designate the
Conservation Commission members as Special Municipal Employees until further vote of the
Board of Selectmen. Following discussion, the mover and the seconder modified the motion to
apply to Associate Members of the Conservation Commission. There was discussion on residency
requirements; the fact that the Board of Selectmen had no accountability for appointing Associate
Members. Nancy Eaton felt that this was harassment of this individual, and Dan Ensminger and
George Hines both expressed exception to her comments. On a vote of 1-4-0 with MacDonald in
the affirmative, the motion was not approved.
On motion by MacDonald seconded by Ensminger to designate the Substance Abuse Advisory
Council as Special Municipal Employees until further vote of the Board of Selectmen, the motion
was rejected by a vote of 1-4-0 with MacDonald voting in the affirmative. It was noted that the
employees who were currently members of the Council should be encouraged to continue to
provide their expertise to the council and, in the case of the D.A.R.E. Officer, this could be made
a job requirement.
On motion by MacDonald seconded by Hines, the Board voted to designate the Solid Waste
Advisory Committee as Special Municipal Employees until further vote of the Board of
Selectmen. The motion was approved by a vote of 3-2-0 with Ensminger and Hoyt voting in
opposition.
Review Water Restrictions - Public Works Director Ted McIntire, Water Treatment Plant
Supervisor Peter Tassi, and Water and Sewer Advisory Committee member Gail Wood appeared
before the Board of Selectmen. McIntire reviewed the current status of the clean up of the
gasoline spill site. We had briefly turned on wells 2 &3 last summer, but our testing has noted
Board of Selectmen Meeting- April 9, 1996 -page 6
some migration of levels of contaminate into one of the monitoring wells and the water level
profiles note that there is no hydraulic control of the spill site. Therefore, wells 2 & 3 as well as
15 were shut off. There is no longer a fear that there is a large plume of contaminate, but the
continuing contamination showing up at relatively low levels in the monitoring wells causes
concern. It was questioned as to how long it will be until we could establish hydraulic control of
the spill site and therefore turn these wells back on, and how long we will need to maintain
hydraulic control until we could eliminate further clean up. Hines asked how soon the Town
would anticipate the DEP responding to our request. McIntire noted that a letter would be sent
to DEP by the end of the week and they would then meet with DEP. The Town will propose a
plan for reactivation of wells #2, 3 and 15 at that time. McIntire hopes that by June we will be
able to reactivate wells #2 and 3 with restrictions, and he would recommend that we retain the
restrictions until well 15 is activated. In response to the question, it was noted that the existing
Water Treatment Plant could strip 50 - 75% of benzene from the safe drinking water standards of
5 parts per billion. Camille Anthony noted that she was willing to forego greener lawns if it
would mean a better level of comfort in the quality of our public water supply. Dan Ensminger
asked how much gasoline has been removed since the original spill, and it was noted that the DEP
told the Board of Selectmen that it was 99% cleaned up. He noted that there was diminishing
returns and the Town is being perhaps excessively conservative. McIntire, Tassi and Wood noted
that the Town was being very conservative, based on the Board of Selectmen's previous direction
to maintain a goal of zero contamination in the Town wells. McIntire noted that DEP doesn't
want the Town to run wells 2 and 3 or test well 15 until hydraulic control has been completed,
and we need their approval. Dan Ensminger asked what the criteria was and McIntire noted that
the intention is to halt and control migration towards the wells. Hines noted that the community
is becoming frustrated with the water use regulations - it is not only inconvenient, but people are
losing investments in their landscaping and the Town is losing its investment in the fields and
other recreational facilities that it owns. Hines noted that we are well beyond "belt and
suspenders" on the issue. He feels that we should push everyone as hard as possible to get a
resolution. He wants to return to biweekly reports, and is not sure that we can justify further
effort. Gail Wood noted that a paramount concern to the Water and Sewer Advisory Committee
is the public trust in the public water supply. Anthony noted that if we really wanted to help, we
should push the State to develop containment areas on 1-93 to prevent a further spill from having
this affect.
On motion by Hines seconded by Ensminger, the Board voted to direct the Town Manager to
communicate with DEP by 5:00 p.m. tomorrow relative to what we expect for activity at the spill
site, and that a meeting be established with DEP no later than April 23, 1996, with details of the
plan for restoring wells 2, 3 and 15 from Ted McIntire to be presented at that time. The motion
was approved by a vote of 5-0-0. On motion by MacDonald seconded by Anthony, the Board
moved to modify the water restrictions for the Town of Reading effective May 1, 1996, by
rescinding the previous restrictions effective that date, and substituting the following regulations:
Stage 2 Water Restrictions: Effective May 1, 1996, water may only be used for outdoor purposes
Board of Selectmen Meeting- April 9, 1996 -page 7
from 6:00 a.m. to 11:00 a.m. and 5:00 p.m. to 8:00 p.m.,Monday through Sunday, in accordance
with this schedule: even numbered addresses: outdoor water use is permitted on even numbered
days of the month as specified above. Odd numbered addresses: outdoor water use is permitted
on odd numbered days of the month as specified above. Violation of these restrictions is
punishable by fine a of$300 per occurrence. On motion by Hines seconded by Ensminger, an
amendment was offered which would allow watering in the evening hours from 5:00 p.m. to 9:00
p.m. The vote on that amendment was 1 in favor(Hines) and 4 opposed and the amendment did
not carry. On motion by Hines seconded by Ensminger to delete the odd/even restrictions and
allow people to water any day of the week, the amendment was rejected by a vote of 1-4-0 with
Hines voting in the affirmative. The main motion was approved by a vote of 5-0-0. There was
discussion about the ability of the Town to provide adequate water for resident use and fire flow
if the odd/even situation was eliminated, and the concern about extending hours to 9:00 p.m. was
the ability to have the plant recover adequately.
Policy on KENO - The Board determined that it needed to have discussion on the basic issue of
KENO and this will be scheduled for its next meeting. Following that, the Board will decide
whether or not to develop a policy and could schedule a policy hearing. Only following that
would they consider hearing Gary Buonaruso's request for rehearing his application for a KENO
License at the P& S Convenience Store.
All other items on the Agenda will be carried over to future meetings. On motion by Hines - -
seconded by Ensminger, the Board voted to go into Executive Session for the purpose of
discussing strategy with respect to litigation, not to come back into Open Session. All five
members present voted in the affirmative and the motion was carried.
Respectfully submitted
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