HomeMy WebLinkAbout1996-05-07 Board of Selectmen Minutes i
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Board of Selectmen Meeting
May 7, 1996
The meeting convened at 7:04 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 Bruce MacDonald (Dan Ensminger joined the meeting at 8:09 p.m.),
Town Manager Peter Hechenbleikner and the following list of interested parties: Nancy Eaton,
William Dalton, Jr., Fred VanMagness, Jean Krogh, Bud Dickey, Jean Russo Parks, Will Finch,
Lois Bond, Lee Roberts, Lisa Sinclair, Indira Balkissoon, Gaynell Knowlton, Susan Cavicchi,
Sandra Michaud, Jane Fiore, John Costigan, Robert Brown, Joan Nickerson, Leo Kenney,
Stephen Chapman, Joanne Ebrecht, Brian Murphy, Bernice Pierce, Ben Nichols, G. Majeal,
Martha Moore, George Perry, David Bryant, Bryan Irwin, Jamie Bradley, Dave Brigham, Cliff
Baker, Judy Burgess.
On motion by Hines seconded by Anthony, the Board voted to go into Executive Session for the
purpose of discussing strategy with respect to purchase or sale of real estate, and approval of
minutes to come back into Open Session approximately 7:30 p.m. On a roll call vote, all four
members present voted in the affirmative and the motion was carried.
The Open Session reconvened at approximately 7:45 p.m.
Town Manazer's Report
On motion by Anthony seconded by Hines, the Board voted to approve a Proclamation for a Day
of Recognition for Volunteers of Reading's Senior Citizens. The motion was approved by a vote
of 4-0-0. Present were Lee Roberts from the Elder Services staff, Dave Brigham, Cliff Baker and
Judy Burgess who are volunteers. They were present for a photo opportunity and received the
Proclamation.
Approval of Minutes
The Board dispensed with Approval of Minutes until the following meeting.
Liaison Reports/Selectmen's Comments
Bruce MacDonald noted with regard to Sanborn Lane that things seem to be somewhat less tense
in the neighborhood. He has received calls about Special Employee Status. He has received two
calls about the adult video store. He noted for clarification that the Board of Selectmen discussed
adult entertainment zoning four meetings ago, and there is still a need for such regulations. This
is not a regulated business and it is a constitutionally protected business. The Town is in the
process of trying to understand what the options are. The zoning has to be reviewed in detail.
MacDonald also met Wednesday night with the Solid Waste Advisory Committee with Dan
Ensminger regarding Pay as you Throw, and Monday night met with the Council on Aging
regarding the Senior Tax/Work Program.
Board of Selectmen Meeting - May 7, 1996 - page 2
George Hines noted that he had attended the MMA Regional Meeting update on the budget. The
legislature is living up to its commitment regarding the lottery cap. Other State funds to the
Town appear to be at the same levels. Funding for the Police Station Building project is not
likely within the decade. We will need to do our Police Station Building project on our own.
The Downtown Steering Committee met last week. Hines is impressed with their continued
commitment. He attended the Parker Fanfare Day.
Camille Anthony attended the Ipswich River Task Force Meeting. The cleanup on Reading's part
of the Ipswich River is scheduled for June 2nd. Community Day will be held on Memorial Day,
and approximately 40 volunteers for Imagination Station are needed. There are also the walks in
the Town Forest and other Conservation areas. Events will be held rain or shine.
Dan Ensminger had attended the RMLD meeting, and they have awarded their GIS bid to
Intergraph Corporation. It runs on a Windows NT-platform and costs approximately$250,000.
Sally Hoyt attended the Parker Fanfare Day. She received a call from Bill Brown who suggested
that the National Guard could help with the landfill closure. He also suggested that we could use
people from the Corrections Department to do various items of labor. Hoyt attended the County
Advisory Board Meeting. She received calls regarding the adult video store and will encourage a
bylaw, hopefully, by November Town Meeting.
Public Comment
Fred Van Magness spoke with regard to the adult video store. He encouraged residents to
express their displeasure. This type of business is not in keeping with the Town of Reading.
Reading got caught without protective bylaws. He felt that this use degrades all citizens of the
Town. It bothered him that outside businesses can come in and establish this type of business in
the community. .There was a lot of renovation on the building. Perhaps proper building permits
were not received, and there was not code compliance. They have Christmas tree type of lights.
This will become the "smut" zone of Reading. Businesses can put pressure on businesses like this.
He appealed to the Board of Selectmen to take leadership role regarding enforcement.
Bruce MacDonald recognized the concern and had gotten copies of adult entertainment zoning
bylaws to the Planning Commission and had voted to have a bylaw drafted for Fall Town Meeting
action. George Hines notedthat in some communities, residents had used video cameras to tape
customers to send a lesson that this is not a welcomed business in Town.
Ben Nichols spoke regarding South Main Street. He is concerned about the proposed transfer of
the liquor license from Main Sail to another business. No notice has gone to abutters. The Town
Manager noted that no notice was required.
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Board of Selectmen Meeting -Maw 1996 - page 3
Town Manager's Report
The Town Manager noted that there are vacancies on a number of Boards, Committees and
Commissions. He corrected a misunderstanding that there may be more vacancies this year--
there are no more or fewer than in past years. He noted that he has submitted an application
for a Harvard intern to work with the Downtown Steering Committee on Downtown issues.
He worked with Bryan Irwin of the CPDC on this issue.
The Town has submitted a transportation enhancement grant application for the engineering
work needed to resignalize the Downtown area, and make other improvements that the Town
may determine. The application has passed its first review with MAPC with an excellent
recommendation.
The Town will not be picking up branches curbside unless they are from Town-owned streets.
Street sweeping has begun.
The Snow/Ice reimbursement from the State and from the Federal Government have been
received in a total amount of just over $120,000. The Town Manager commended the DPW
and Fire Department staff who worked so hard to secure these funds.
The week of May 12 is "National Police Officer's Week," and May 15 is Police Memorial Day.
The flag on the Common will be flown at half mast in recognition of this Memorial Day.
The Board has been given copies of all of the instructional motions from the Annual Town
Meeting for their review.
Correspondence has been sent to the Mass. Highway Department relative to Prescott and Summer
Avenue intersection to see if we can get this project bid awarded immediately.
The Town has received notice of the demolition of structures at the Industriplex site, and this
material has been submitted to the Hazardous Waste Committee.
Work has re-commenced on Upper Pearl Street, and the contractor for South Street is expected
to complete their work starting this week.
A revised schedule has been submitted to the Board as well as a Liaison Assignment Sheet.
Discussion/Action Items
Review of Special Employee Status - Town Counsel, H Theodore Cohen, presented a brief
overview of the conflict of interest law. He reviewed the situation that had existed with the Board
of Library Trustees. Section 20 is a problem. There are two exceptions - Town Meeting
Members and Charter Commission Members. Employees cannot have a financial interest. The
`-- exemptions are to designate someone as a Special Municipal Employee.
Board of Selectmen Meeting-May 7 1996 -.page 4
Review of Special Employee Status (continued)
This designation does not go to an individual but to a class of membership. Special Municipal
Employees have other exemptions including their ability to represent others before Town bodies.
Special Municipal Employee status is granted by the Board of Selectmen to people who work
not more than 800 hours. A 20b exemption is available to those who work not more than 500
hours. Regarding the Substance Abuse Advisory Council, there are three possible resolutions:
1. All members could be considered Special Municipal Employees.
2. Job Descriptions can be written so that the job includes service on
a Board, Committee or Commission relating to the job. This would
then be considered a job duty or part of the job --Police Officers
who are D.A.R.E. officers, teachers who are in the Substance Abuse
Program,etc. might comply with this requirement. There may be
collective bargaining issues.
3. When an employee serves on a volunteer position as established by
State or Federal law, Charter, Bylaw, or action of the Board of
Selectmen and there are requirements that they serve on this body as
part of their municipal position.
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There may be an issue of those who receive grant money which is applied for by the Substance
Abuse Advisory Council. This is a Section 19 problem. Employees can give notice and receive a
written determination. Jane Fiore noted that there are several grants including a Safe and Drug
Free School Grant of$18,000420,000 per year, a Health Protection Grant from the Tobacco
Funds in the amount of$115,0004120,000 per year, and D.A.R.E. Grant in the amount of
$20,000 per year. The Substance Abuse Advisory Council does not vote on the grant.
Bruce MacDonald wanted to know why we had to go through all of this difficulty if this problem
could have been avoided. George Hines noted that the previous action could have been rescinded
and not required. Sue Cavicchi spoke not presenting the opinion of the School Committee, but
read a note from Robert Spadafora with regard to this issue. Sandra Michaud noted that input is
needed from all departments. The grants are standardized. The stipends are pro-forma in the
grant. The body does not vote on the salaries. The Substance Abuse Advisory Council works
very hard and they want a vote of confidence from the Board of Selectmen.
Camille Anthony noted, on behalf of the Board of Selectmen, that she apologized for the anguish
that this has caused. She is glad that it has come out as it has. Sally Hoyt noted that this is why
Town Counsel should have been present when the Board of Selectmen voted on this issue. Dan
Ensminger noted that we need to notify employees with regard to this issue.
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Board of Selectmen Meeting-May 7, 1996 - page 5
Review of Special Employee Status (continued)
With regard to conflict of interest issues for the Conservation Commission, Town Counsel
reviewed the letter that he had written to James Biller in 1995. Issues of a person being a
consultant, and residency were discussed.. The Ethics Commission has not dealt with the issue.
Town Counsel feels that all persons described as Associate members need to be dealt with the
same. If the employee takes a leave of absence, does that resolve the issue? Town Counsel
noted that would have to be looked at in detail, and would have to be based on the set of facts
relative to the leave of absence.
Camille Anthony asked if a consultant and associate were the same. She disagrees that Associate
members should be exempt from the conflict of interest statute because they are being groomed
to be members. Town Counsel agreed. He noted that a consultant is usually paid. Associates are
historically viewed as being in training to become members. The Zoning Board of Appeals is the
only other body that has an Associate. He agrees that there is a distinction between a consultant
and an associate. An associate has a more substantial role in sitting in on hearings and discussing
policy. Camille Anthony noted that with regard to consultants, residency is less of a concern and
Town Counsel agreed. Dan Ensminger asked if the term "consultant" means paid or unpaid, and
Town Counsel noted that it did not matter. Nancy Eaton noted that the Conservation
Commission by a vote on January 10, 1996 has accepted Leo P. Kenney as a consultant by a vote
of 4-0-0. Bruce MacDonald noted that the issue of residency is irrelevant to the conflict of
--_ interest. He asked if there were Associate members, and Eaton noted that Joan Nickerson is an
Associate member. Leo Kenney needs to be redesignated as a consultant. Ted Cohen noted that
there is still a conflict of interest as a consultant.
Bruce MacDonald noted we have to consider the Conservation Commission as a whole. Cohen
agreed but noted that you could make a distinction between a consultant and an Associate
member. Ensminger was concerned that this was a change of direction by Town Counsel. Bruce
MacDonald noted that the conflict of interest law applies regardless of who appoints the member.
Camille Anthony noted that we should have a bylaw. She is not interested in granting Special
Employee Status until there is a bylaw.
Steve Chapman from the Conservation Commission spoke and indicated that he understood Leo
Kenney was appointed as a consultant. Martha Moore noted that the Town should be drawing on
all resources to assist with the work of the Town.
On motion by MacDonald seconded by Anthony, the Board voted to grant Special Municipal
Employee Status to Conservation Commission un-paid consultants subject to further review and
action by the Board. The motion was approved by a vote of 3-2-0, with Hines and Ensminger
opposed.
Board of Selectmen Meeting-May 1996 - page 6
Review of Special Employee Status(concluded)
Indira Balkissoon supported using consultants who may be available. George Hines noted that
the Conservation Commission has expertise on staff and that they have the ability to hire a
consultant and charge it to an applicant.
Bruce MacDonald noted that some people had expressed concern about the language until further
action of the Board of Selectmen. He noted that this is not intended to leave appointments at
the whim of the Board, but what is reasonable now may not be reasonable at a later date.
Keno Hearing-Uptown Liquors
Dan Ensminger read the notice of the Public Hearing. The applicant was not present.
MacDonald asked if this was a frivolous application since the applicant was not there. He is
against this proposal based on location. The Board asked if the applicant had gotten a copy of
the notice, and the Town Manager indicated that he felt the staff had sent such a notice.
On motion by Hines seconded by Ensminger, the Board voted to close the public hearing on an
application by Uptown Liquors, 1349 Main Street, Reading, Massachusetts for approval of a
Keno license.
A motion by Hines seconded by MacDonald to recommend to the Lottery Commission the
approval of an application by Uptown Liquors, 1349 Main Street, Reading, Massachusetts for a
Keno license was denied by the Board on a 0-5-0 vote.
The Town Manager asked if the Board of Selectmen would consider having a new hearing on the
P & S Convenience Store license. George Hines noted that the issue is whether or not the Board
of Selectmen were aware of the issue of equity when the initial case was heard. He felt that the
Board was aware of all issues, and MacDonald agreed. He does not want to give false hope to
the applicant. Sally Hoyt noted that she would like to rehear the case.
On motion by Hines seconded by Anthony to rehear the application of the P & S Convenience
Store with regard to a Keno license was not approved by the Board of Selectmen by a vote of
2-3-0, with Hoyt and Ensminger voting in favor.
Open Space Administrative Structure
The Town Manager presented several options to implement an Open Space Administrative
Structure in accordance with the Open Space and Recreation Plan. George Hines noted that he
liked Option 3, but the mission would need to be very specifically spelled out.
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Board of Selectmen Meeting-May7, 1996 - page7
Open Space Administrative Structure(continued)
Bryan Irwin noted that this had been discussed at the CPDC meeting. The CPDC workload does
not make it possible for the Commission to handle this work. They discussed the possibility of
tapping into the expertise of past members. The staff support for this work appears to be
available with the Conservation Administrator and the Planning Director. The staff would have to
be specifically structured to assist in this workload.
Nancy Eaton gave the Board members a handout. The status of Chapter 61 lands should be a
high priority. This includes the Longwood Poultry Farms and Spence Farms. There is also a
potential development on state-owned land.
Bruce MacDonald noted that he preferred the 3rd option. George Hines asked if the most logical
way to go would be to have the Recreation Committee handle this workload. Nancy Eaton noted
that the appointment process should stay with the Board of Selectmen in order to insure stability,
history, etc. All members agreed that a definite mission needs to be established.
The Town Manager will talk to the various groups involved and see if there is some consensus.
The Open Space Program should have committee level focus, but we should avoid proliferation of
additional committees.
Sally Hoyt asked the Board of Selectmen to recommend the County Charter going on the ballot in
November, 1996. On motion by Anthony seconded by MacDonald, the Board voted 4-0-1, with
Hines abstaining to recommend that the County Charter be placed on the ballot for November,
1996. George Hines only objection was that he has not really seen the Charter and it was not on
the Board's agenda for that night and Hoyt noted that she had previously given the Charter to the
Board of Selectmen.
Sally Hoyt noted that she has been appointed as President of the New England Business and
Professional Women's Association.
On motion by Ensminger seconded by Anthony, the Board voted to go into Executive Session for
the purpose of discussing strategy with respect to purchase or sale of real estate and approval of
minutes, not to come back into Open Session. On a roll call vote, all five members voted in the
affirmative and the motion was carried.
Respectfully submitted,
Secretary