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HomeMy WebLinkAbout1996-05-14 Board of Selectmen Minutes Board of Selectmen Meeting May 14, 1996 The meeting was convened at 6:06 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, Selectman Bruce MacDonald arrived at 6:11 p.m. Present also were Town Manager Peter Hechenbleikner and the following list of interested parties: Michael Longo, Kevin Kirwin, Richard Cohen, James Guarente, Peter Epstein, Brendan Hoyt, Jr., Thomas Fennelly, Bill Brown. Town Manager's Report On motion by Anthony seconded by Hines, the Board voted to approve a Proclamation for the VFW Poppy Week for the week of May 20 - 25, 1996. The motion was approved by a vote of 3-0-0. Discussion/Action Items Review Cable TV License Renewal Options - Peter Epstein, Special Counsel for Cable Television, was present. He reviewed the renewal process. He noted that in accordance with the formal process, by this Fall the RFP should be put together and sent to Continental Cable. They have four to eight weeks to respond, and then three weeks to negotiate. The RFP must go to Continental Cable by January 1, 1997. They would have until March 1, 1997, to respond. { Negotiations would have to be finished by July 1, 1997. -- George Hines asked if there were disadvantages to the formal process. It was noted that there is more work in developing the ascertainment and preparing the formal RFP. A cable TV operator will look at the ascertainment process more closely. The Town will get detailed financial statements. The operator will be US West not Continental Cable. US West is not a traditional cable TV company - it's a telephone company. Epstein recommended starting now. Camille Anthony asked if we should have done the formal process initially, and Epstein said that either option was acceptable. MacDonald noted that it sounds like this does not preclude the informal process - you can have negotiations. MacDonald asked about the content - issues of local programming, local office, and upgrade of equipment are negotiable. Richard Cohen asked what happens in the formal process if you don't get agreement within four months. Epstein noted that you either come to a conclusion, or issue a preliminary assessment of denial. The time frame could be extended. If the extension is not granted, then the preliminary assessment of denial is issued and then there is an administrative proceeding to consider the denial. There is a local administrative hearing. If at that hearing the Board of Selectmen reiterates the denial, then Continental Cable could go to court. Camille Anthony asked what happens if you go to court. Epstein noted that Continental Cable will be disputing the reasons for denial. Since these are State regulations that the Town is enforcing, the appeal could go to Mass Cable Commission. MacDonald asked about the administrative review, who is it that reviews. Epstein noted that it would be either the Board of Selectmen, or someone that the Board of Selectmen may designate. George Hines asked how the Cable TV Advisory Committee feels. Richard Cohen noted that - they recommend the formal process. They didn't get Continental Cable's proposal for a long time. Board of Selectmen Meeting - May 14, 1996 - page 2 A lot of work has been done to date. We might need a new survey. The Cable TV Advisory Committee is still doing the annual review and this is a very thorough review. Epstein also talked about the Cable TV license transfer. The Town has 120 days - from May 1 to September 1, to make their determination. If the Town fails to act and the transfer from Continental Cable to US West is approved, a public hearing is required. US West has requested the State waive all the local hearings and have nine regional hearings. The State has agreed and hired a hearing officer. The Town sent a letter reserving its right to hold a hearing. To date, no times or dates have been set for these hearings. A notice is required. Epstein would encourage the Town to go to the regional hearings and see if enough information is gathered at that time. MacDonald asked what the outcome of a hearing would be. Epstein noted that it is intended to go over the criteria in order to determine the ability of US West to step into the shoes of Continental Cable in these cable franchise agreements. The criteria are financial, legal, and management abilities of the buyer. Epstein recommended keeping an eye on the calendar. If by June 1, 1996, there is no date set for a hearing, then we should consider having a local hearing. The transferor and the transferee will be at the hearings. The Cable TV Advisory Committee should plan on attending the hearings and if they don't like what they hear could recommend to the Board of Selectmen establishment of a local hearing. If the regional hearings are not established by June 1 or if they are scheduled too far out, then we should have a local hearing. The Board suggested we go ahead and schedule a hearing in June. Camille Anthony asked if the terms of the current license were being adhered to, and Richard Cohen noted that we are doing the process right now. On motion by MacDonald seconded by Hines, the Board voted to agree to proceed with the formal renewal procedures of the 1984 Cable Act in proceeding with consideration of the renewal of the Cable TV License. The motion was approved by a vote of 4-0-0. The Board recessed for 10-15 minutes to eat their dinner. Review Process for "Adult Entertainment" Zoning By-Law Adoption - The meeting reconvened at 7:20 p.m. Ted Cohen reviewed the status of Adult Zoning. George Hines noted that we already know the community standard. Ted Cohen noted that there is protected expression under the first amendment, and the Town cannot prohibit adult entertainment uses. There has to be a reasonable alternative. Since the Town is considering regulating the time, place and manner, not the content of adult entertainment, the process needs to be a little bit more extensive. Issues of crime prevention, effect on retail trade and effect on property values need to be considered. There has to be an analysis of adult entertainment uses. Communities can rely upon materials in other communities. This material would need to be presented to CPDC. Bruce MacDonald noted that the Bylaw Committee should be reviewing this during the CPDC process. The more work done in advance, the better the defense. Ted Cohen noted that in a New Bedford case, the Superior Court noted that eliminating grandfathering of such uses is unconstitutional. He also noted that this court case is limited in nature and scope. George Hines noted that he feels like we are slamming the door after the horse is out of the barn. He feels that his advisors are muzzling him and that we are not dealing with this in a straightforward way. This i Board of Selectmen Meeting-May 14, 1996 -page 3 f is not an acceptable business in the community. Ted Cohen noted that we have to comply with all the laws. He doesn't feel that the Board of Selectmen should make statements at this time. As individuals, each member of the Board can act and make statements. He would prefer not to have a quorum of the Board of Selectmen relative to that constituting an official meeting. As a Board, there are certain things that the Board needs to do and certain things that they should not do. He does not want to see any actions of the Board of Selectmen create problems in creating this Bylaw. The Town is in the middle of a process that is going to be scrutinized and likely to be litigated. Board members obviously can speak as individuals, but they're being viewed as officials of the Town government. Sally Hoyt felt we should go forward with a procedure whereby existing uses are not grandfathered, and should specify distances from nursing homes, and locations where children congregate. Ted Cohen felt that the Board members individually could attend the June 3, 1996, meeting of the CPDC with regard to this issue. Bruce MacDonald felt that we need a strong Bylaw and that we should try to eliminate grandfathering of existing uses. He asked if we would need a zoning map change, and the Town Manager indicated probably not. George Hines noted that we seem to be going in a well thought out direction. With respect to the existing business, he hopes that we can go about dealing with this in a creative manner, such as requiring licensing of video stores or some kind of a General Bylaw. Cohen noted that we could look at the possibility of licensing, but that it doesn't appear that this would be feasible. There is no State authorizing statute. Hines feels that we should have some way to regulate such uses, and Cohen noted that this is getting at the heart of the first amendment. The Town Manager will draft a note to CPDC indicating that this is an important and urgent matter and that the process should be expedited. He will ask the Bylaw Committee to begin their review as soon as possible. Sally Hoyt noted that we should have done this in March. Bruce MacDonald noted that the Board started a process that was appropriate. The Board noted that we should accelerate this process if we can. Sally Hoyt suggested that on a Special Town Meeting Warrant where we are dealing with adult zoning, we should also put an article on brown bagging. Town Counsel noted that such a Bylaw is not necessary. On motion by Anthony seconded by Hines, the Board voted to go into Executive Session for the purpose of discussing strategy with respect to purchase or sale of real estate, to come back into open Session at approximately 9:00 p.m. On a roll call vote, all four members present voted in the affirmative and the motion was carried. The Board adjourned to Executive Session at 8:20 p.m, Extension of Purchase and Sales Agreement - 25 Haven Street - At 9:25 p.m., the Board came back from Executive Session. On motion by MacDonald seconded by Anthony, the Board voted to approve an extension of the Purchase and Sales Agreement between the Town, the RMLD Board and PJC Realty Company Inc. until June 14, 1996, subject to concurrence in this action by the RMLD Board. The motion was approved by a vote of 4-0-0. The Board asked for an update on the Woburn Street property. The Town Manager noted that the owner's attorney has given the Survey Board the approval to go in and do this survey. Board of Selectmen Meeting-May 14, 1996 -page 4 The Board asked for an update on Police Station Building issues. MacDonald noted that their priority is still the Union Street site. Hines noted that townwide criteria should be injected to determine what is best for the community. The Downtown Steering Committee should be consulted. MacDonald noted that the direction has been given to the Town Manager to explore the existing site as the priority. George Hines noted that on land acquisitions, the Police Station Building Committee should go through the Town Manager. He felt that a project that was parking neutral or enhanced parking was essential. Having a second option available is good. On motion by Anthony seconded by Hines, the Board voted to adjourn the Board of Selectmen's Meeting of May 14, 1996, at 9:45 p.m. by a vote of 4-0-0. Respectfully submitted, Secretary