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HomeMy WebLinkAbout1996-06-18 Board of Selectmen Minutes i Board of Selectmen Meeting June 18, 1996 The meeting was convened at 7:00 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 Dan Ensminger(Selectman Bruce MacDonald arrived at 7:08 p.m.), Town Manager Peter Hechenbleikner and the following list of interested parties: Paul Feely, Nancy Eaton, Tim Kelley, Ron Morse, Jonathan Edwards, Marc Alterio, Stephen Crook, David Bryant, Nancy Snow, Kathy Grevelis, Cheryl Blaine, Karen O'Connell, Petra Linn Conboy, Ellen O'Hara, Cynthia Richards, Mary Mundjer, Joanne Wooldridge, Christopher Campbell, Dennis Lucyniak, Jessie Mraz, Claire Bolger, Lois Bond. Approval of Minutes On motion by Ensminger seconded by Anthony, the Board approved the minutes of the meeting of May 21, 1996 as amended by a vote of 5-0-0. On motion by Anthony seconded by Hines, the Board voted to approve the minutes of June 4, 1996 as amended by a vote of 4-0-1, with Ensminger abstaining. On motion by Anthony seconded by Hines, the Board voted to approve the minutes of December 5, 1995 as amended by a vote of 4-0-1, with Ensminger abstaining. Liaison Reports/Selectmen's Comments Bruce MacDonald noted that he had attended two CPDC hearings regarding adult entertainment. The first hearing there was standing room only and good productive discussion. The process is coming to a good conclusion. He also attended a Conservation Commission meeting regarding 48 Mill Street development because it is so close to the Ipswich River. He had drafted a letter to the Mass. Highway Department regarding protection of the Town's wellfields from potential mishaps on I-93. This letter has gone out over the Chairman's signature, and the Board of Selectmen have gotten a copy. MacDonald did go to the adult video store, and noted that it is indeed an adult video store. George Hines noted that the Board of Selectmen's Forum was canceled due to Continental Cable TV's desire to cover the baseball tournament. The Reading Memorial High School Varsity Baseball team went on to win the Division 2 State Championship, and he offered their congratulations. On the 13th, the Budget Council met and there was a productive dialogue. On a personal note, Hines noted that his son graduated from RMHS and he attended the ceremony. The staff and students deserve a great deal of credit for an outstanding ceremony. Dan Ensminger reported that he had also attended the graduation ceremony at RMHS for his son. He offered congratulations to all. He noted that the Board of Selectmen do not get an invitation to the graduation. Ensminger noted that the RMLD sale of 25 Haven Street has been terminated. He acknowledged a call from an "original" Sanborn Lane resident regarding concerns about the process. Board of Selectmen Meeting -June 18, 1996 - page 2 Bruce MacDonald noted that the Board of Selectmen took a vote to extend the Purchase and Sales Agreement for 25 Haven Street so the final arrangements could be made. The decision to terminate the agreement was that of the buyer when the RMLD would not grant the extension under the terms that they needed. Camille Anthony attended the reception for Rena Mirkin and Pat Schettini on Monday at the Meadow Brook Country Club. She also attended the interviews of one of the principal candidates, Mr. Orlando, who was subsequently appointed. Sally Hoyt noted that she had attended the RMHS graduation and has attended every year since she has been a member of the Board of Selectmen - 7 years. She attended the Rena Mirkin and Pat Schettini reception. The Budget Council meeting was good and the process is working exceptionally well. She commended CPDC and Jonathan Edwards regarding the hearings on the adult entertainment Zoning By-Laws, including those who went door-to-door with petitions. Public Comment Tim Kelley expressed concern about delays in the demolition of the property at 78-80 Woburn Street which was burned last November. The Town Manager noted that although there were letters regarding enforcement, there was no specific action to get the property demolished until - April when the arrangement for the Town to receive a donation of the property from the Atlantic Realty Trust fell through. The Town Manager laid out a schedule for a two-track process - one where the property owner would proceed with the process and demolish the building, and the second where the Town would move to demolish the building in the event that the property owner does not proceed. On motion by Ensminger seconded by MacDonald, the Board voted to schedule a hearing for their meeting on June 25, 1996, and to schedule the earliest possible date for demolition. The motion was approved by a vote of 5-0-0. Sally Hoyt noted that there was a need to correct a Letter to the Editor in the Chronicle. Bill Brown had expressed concern about one of the members of the Board of Selectmen not voting on his appointment. She noted that each of the individual members of the Board of Selectmen vote their own conscience, and negative votes are not taken for appointments. Town Manager's Report On motion by Anthony seconded by Hines, the Board voted to approve a Certificate of Appreciation for Alice A. Lovely for her 45 years of service to Parker Middle School. The motion was approved by a vote of 5-0-0. Board of Selectmen Meeting - June 18, 1996 - page 3 The Town Manager reviewed the sale of Bond Anticipation Notes for the Parker Middle School project in the amount of$7,750,000. On motion by MacDonald seconded by Hines, the Board voted to approve the sale of Bond Anticipation Notes for the Parker Middle School project in the amount of$7,750,000, said BAN's to be dated July 12, 1996 due July 12, 1997 as follows: $7,000,000 Fleet Bank 3.95% $ 500,000 Eastern Bank 3.91% $ 250,000 Century Bank 3.89% The motion was approved by a vote of 5-0-0. The Town Manager reported that the ABCC has not finalized the decision on the liquor license transfer hearing for 34 Salem Street. The Selectmen's Forum is scheduled for July 2nd, and there will be a brief special meeting before the Selectmen's Forum to approve the sale of bonds. The Town has the services of a summer intern from the Harvard Graduate School of Design to assist us in working with the Downtown Steering Committee. Miriam Tropp has started in that position, and the Finance Committee has approved a reserve fund transfer of$1,500 to cover the costs for this fiscal year. Another$1,500 will be requested after July 1 st. Harvard University has granted the Town the additional $2,000 for the project. The Town Manager detailed the termination of the sale of 25 Haven Street to Brooks Pharmacy. He noted that the RMLD would not grant the extension of 12 days needed to close the project under the terms that were requested by Brooks. The terms were that additional testing in and near the street area of Green Street would be done by Brooks to determine that there had been no migration of contamination off the site - and if there had been migration that Brooks would have the right to terminate the deal. Brooks would also be able to secure the Special Permit from the Zoning Board of Appeals on June 20th required to perfect their site plan approval, again with the option of opting out of the deal if the Special Permit approval was not granted. The Special Permit is needed to expand the building in accordance with their site plan approval. Because the RMLD would not grant the extension under these terms, Brooks Pharmacy had no choice but to cancel the deal. The Town Manager testified before the Public Service Joint Committee on the Bacigalupo Special Legislation pursuant to Town Meeting's Home Rule petition. Don Allen has been re-appointed to the Housing Authority by Mary Padula, Secretary of EOCD. Signs and signals have been installed as of today at Prescott and Summer Avenue. Minor tree trimming will be done by the end of the week. The Woburn Street signal at the MBTA line has been bid and awarded. The holdup is the ordering of the decorative posts for the signals. The Parker Middle School Auction is scheduled for Saturday, June 22nd, at 9:00 a.m. Board of Selectmen Meeting--June 18. 1996 - page 4 The DPW is beginning to work on the installation of the gas main with Boston Gas to serve the Parker Middle School. The Town Manager reported on the history of the 78-80 Woburn Street issue, and outlined the time frame to bring it to conclusion. The CPDC held a hearing on June 17th at the Lecture Hall, RMHS, regarding adult entertainment bylaws, and has referred the proposed bylaw to the Board of Selectmen. Town representatives met on June 10th with DEP regarding GE's cleanup of their site. A mediation session was held on the "old" Sanborn Lane issues, and will be continued on July 10th. The Town's bond rating by Standard and Poors, and Moody's has been upgraded to AA. $10 million in bonds are being sold on June 27th for the elementary school projects, school roofs, school boilers and RMLD projects. The Town's revenue report through May 31st shows 97.22% collection in the general fund, and over 100% collection in water and sewer. Discussion/Action Items Establishing the Town Manager's Salary for FY'97 On motion by MacDonald seconded by Ensminger, the Board voted to take off the table the motion to establish the Town Manager's salary to $80,405, as amended by a motion to set the salary at $81,974. The motion was approved by a vote of 5-0-0. Bruce MacDonald noted that the evaluation of the Town Manager indicated that this level increase is well warranted. He cited the quality of work and the amount of time spent. Dan Ensminger noted that he went through the files and a summary from Stoneham on the salary ranges and noted that salaries for FY '96 range from $62,000 to $92,000 with an average of$80,000 for FY'96. The increase as proposed in the amendment would get the Town Manager's salary to average. As amendments were made in the salary schedule this year to get people off the beginning step, the same is being done for the Town Manager. George Hines wanted to emphasize the merit justifications for the salary increase. This is the 10th anniversary of the Town Manager's tenure in Reading. There have been 10 years of very good evaluations. This salary increase would more closely reflect the Town Manager's salary with other upper level management in the community. This will require budget action and the options are to go to the reserve fund transfer from the Finance Committee, or to request funding from Town Meeting. Ensminger felt that it would be best to include it in the Special Town Meeting. On the amended motion, the Board approved an amended salary in the amount of$81,974 for the Town Manager for FY '97. The vote was approved by a vote of 5-0-0. This became the main motion which was also approved by a vote of 5-0-0. i Board of Selectmen Meeting-June 18, 1996 - page 5 Personnel & Appointments Town Counsel Appointment Cheryl Blaine was present from the firm of McGregor& Shea. The Board discussed appointment of Town Counsel for FY'97. Dan Ensminger noted that he felt the Town gets value with the current Town Counsel. George Hines noted that FinCom had recommended the review of Town Counsel for FY'98. Bruce MacDonald supported this review. He agreed with the overall assessment; however, feels that the Board of Selectmen and the Town were not well served by Counsel relative to the conflict of interest issue. His concern was consistency and timeliness. He would like to avoid that in the future. Sally Hoyt noted that Town Counsel was not present when the Board made its first decision with regard to conflict of interest. Nancy Eaton spoke from the public and noted that the Conservation Commission has had concerns regarding timeliness. An attorney called Town Counsel a month ago and it was noted that the issue was "on the top of the list," but it was not followed through. She is not commenting on the quality of work. It was noted that request for services of Town Counsel should go through the Town Manager, and that Town Counsel's number should not be given out to residents. Bruce MacDonald noted that while timeliness is sometimes an issue, the quality is unquestioned, and he cited the adult entertainment issues. On motion by Ensminger seconded by Anthony, the Board voted to appoint H Theodore Cohen of Counsel to McGregor& Shea, Attorneys at Law, P.C., as Town Counsel for FY'97 at an all inclusive annual retainer of$104,500. The motion was approved by a vote of 5-0-0. Update on Adult Zoningi Cheryl Blaine reviewed the five articles dealing with adult entertainment. Sally Hoyt questioned what the effect would be of the lease on the existing facility, and it was noted that this would have to be researched. Cheryl Blaine noted that additional adult licensing on an annual basis would be a possibility, and one could therefore require the proprietor to come before the Board of Selectmen annually. The Board asked for recommendation from Town Counsel with regard to such licensing procedure, but this is not part of the bylaws. There was discussion about the 20% figure in Section 4.3.4.2.2. relative to the amount of space devoted to adult uses. Blaine noted that this is a legally defensible number. Ensminger asked whether the Town could put restrictions on the sale of landfill site that would prohibit adult entertainment uses, even though this is in an area where such uses would be permitted. The Town Manager noted that he had previously discussed this with Town Counsel, and the zoning regulation is a different matter from the sale of land and the Town could place such restrictions on the sale. On motion by MacDonald seconded by Anthony, the Board voted to accept five warrant articles amending the Zoning By-Laws of the Town of Reading for the Town's next Special Town Meeting, and directed the Community Planning and Development Commission to hold a public --' hearing on these articles. The motion was approved by a vote of 5-0-0. Board of Selectmen Meeting -June 18. 1996 - page 6 The Town Manager noted that the legal advertisement will appear in tomorrow's paper, and CPDC has tentatively scheduled a hearing for July 15th. On motion by Hines seconded by Anthony, the Board voted to set a date for a Special Town Meeting to be held on September 9, 1996 at 7:30 p.m. in the Auditorium of the Reading Memorial High School, with the warrant for the Special Town Meeting to close at 8:00 p.m. on July 9, 1996. The motion was approved by a vote of 5-0-0. Personnel & Appointments Arts Council The Board interviewed candidates for the Arts Council position. Jeanne Freeman is an incumbent. Ronald Morse and Karen O'Connell were interviewed. Anne Marie Whilton was present earlier but had to leave. On motion by MacDonald seconded by Anthony, the Board appointed the following residents to positions on the Arts Council for terms expiring June 30, 1999: Jeanne M. Freeman, Ronald Morse, Karen O'Connell and Anne Marie Whilton. Board of Health The Board of Selectmen interviewed Petra Linn Conboy, Ellen M. O'Hara and Cynthia Richards for positions on the Board of Health. Jean M. Garofoli had applied but was not present. - On motion by Hines seconded by Anthony, the Board placed the three names in nomination for a position on the Board of Health for a term expiring June 30, 1999, and Cynthia Richards was appointed with four votes. Council on Aging The Board interviewed Mary Mundjer, Ellen O'Hara and Joanne Wooldridge for positions on the Council on Aging. On motion by Ensminger seconded by Hines, the Board appointed Mary F. Mundjer, Ellen O'Hara and Joanne Wooldridge to the Council on Aging for terms expiring June 30, 1999. On motion by Hines seconded by Anthony to appoint Robinson E. Rummell to a position on the Council on Aging for a term expiring June 30, 1999 failed, receiving only one vote. Mr. Rummell had not been interviewed. Hazardous Waste Committee On motion by MacDonald seconded by Hines, the Board appointed Martin Offenhauer and Regina M. Snyder for positions on the Hazardous Waste Committee for terms expiring June 30, 1999. I i f Board of Selectmen Meeting - June 18, 1996 - page 7 Recreation Committee The Board interviewed Christopher Campbell, Dennis Lucyniak, Jessie Mraz and Claire M. !, Bolger for positions on the Recreation Committee. Following discussion, Dennis Lucyniak indicated an interest in serving as an Associate. On motion by Ensminger seconded by Hines, Christopher R. Campbell and Jessie A. Mraz were appointed to positions on the Recreation Committee for terms expiring June 30, 1999. On motion by Hines seconded by MacDonald, Claire M. Bolger was appointed to a position on the Recreation Committee for a term expiring June 30, 1998. On motion by Hines seconded by MacDonald, Dennis Lucyniak was appointed to an Associate position on the Recreation Committee for a term expiring June 30, 1997. Substance Abuse Advisory Council The Board interviewed Marc J. Alterio and David H. Bryant for positions on the Substance Abuse Advisory Council. Additionally, John E. Costigan and David M. Stamatis are interested in being re-appointed. On motion by Anthony seconded by Hines, the Board voted to appoint Marc J. Alterio, David H. Bryant, John E. Costigan and David M. Stamatis to positions on the Substance Abuse Advisory Council for terms expiring June 30, 1999. Final Approval of Work/Tax Program for Senior Citizens Lois Bond, Elder Services Administrator, was present to discuss this issue with the Board. It was previously raised by the Board of Selectmen. The Board reviewed the material and noted that we should specify that the recipient must be a property owner who is a resident on the premises. No. 5 - The wording will read "an applicant whose income exceeds the limitation may be accepted if there are extenuating circumstances." No 8 will be modified to read - A limit of$500.00 per household will be applied to the applicant's property tax bill. The Town Manager raised issues with regard to employee status of the recipients and the taxability. The Board agreed that their goal is to have this program as close as possible to a voucher system with as much as the $500.00 paid directly to the participant, but that the Town Manager would be responsible for working out the details. On motion by Hines seconded by MacDonald, the Board approved the Senior Citizen Tax/Work Program as amended in the information of June 18, 1996. The motion was approved by a vote of 5-0-0. Update on Water Supply The Town Manager referred the Board of Selectmen to the memo from the Public Works Director. Board of Selectmen Meeting..- June 18 1996 - page 8 Approval of Circular Driveway- 369 Lowell Street Nancy Snow was present relative to requests for circular driveway at 369 Lowell Street. The Town Engineer had no problems with it. On motion by MacDonald seconded by Anthony, the Board voted to approve the request for a circular driveway at 369 Lowell Street to be implemented at the time of reconstruction of the street, all costs being borne by the property owner, and subject to the approval of the plan by the Town Engineer. The Board noted that they recognize that the new parking restrictions on Lowell Street will create a parking restriction. The motion was approved by a vote of 5-0-0. Yield Regulation -Harnden Street at Woburn/Union Street On motion by MacDonald seconded by Anthony, the Board voted to amend the Trak Rules and Regulations of the Town of Reading adopted by the Board of Selectmen on March 28, 1995 under the provisions of Chapter 40, Section 22, and pursuant to Chapter 89, Section 10 of the Massachusetts General Laws, by adding to "Appendix A-11 - 6.11 Obedience to Yield Signs," the following location: Harnden Street Northbound at Woburn Street. The motion was approved by a vote of 5-0-0. Camille Anthony asked for follow up on the following items: 1. Before liquor licenses are issued, residents should be asked what they have done for TIPS training. 2. A letter should be sent to South Street and Pearl Street residents. 3. We should work towards developing a community calendar. Camille Anthony also suggested that the Town, through the Department of Public Works, should review water exploration efforts that have taken place to date. On motion by Hines seconded by Anthony, the Board voted to adjourn at 11:07 p.m. by a vote of 5-0-0. Respectfully sub m: d, 6cry