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HomeMy WebLinkAbout1996-06-25 Board of Selectmen Minutes Board of Selectmen Meeting June 25, 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, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Dan Ensminger and Bruce MacDonald (joined the meeting at 7:06 p.m.), Town Manager Peter Hechenbleikner, and the following list of interested parties: Joe Gatta, D. Schurman, Paul Feely, Tim Kelley, Christine Kelley, Robert Cavagnaro, James Cormier, William Bogaert, Stephen Crook, Karol McLaughlin, Michael Janvin, Nancy Eaton, Theresa Kyle, Mr. Moda, Loretta Raffi, Bill Brown, James B. Francis, John Corbett, Linda Kenyon King. Approval of Minutes On motion by Ensminger seconded by Hines, the Board voted to approve the minutes of the meeting of June 13, 1995 as amended by a vote of 4-0-0 (MacDonald was absent at that point). Liaison Reports/Selectmen's Comments Dan Ensminger noted that East Middlesex Retarded Citizens Group had expressed interest to Shepardson Group in acquiring the 25 Haven Street property. Also, the RMLD is considering the issue of compensation for members of the Board at $4,000 per year. Camille Anthony expressed concern about not having a walk signal at Prescott and Summer Avenue. She suggested that we talk with the school prior to the beginning of school. She - thanked the RMLD for making their space available for a meeting that she had set up --they were very professional. Bruce MacDonald received a phone call from Frank Smith regarding the school area lights at the Eaton School. He had also received a copy of an article from Dartmouth, Massachusetts supplied by Mary Williams regarding paying of water and sewer bills, taxes, etc. by credit cards. The Town has looked at it and it looks like it is not particularly feasible. George Hines attended the Auction at the Parker Middle School. He received a call from a citizen on Hensie Street regarding trees on Town property negatively affecting his sewer system. Sally Hoyt noted that she had attended the FinCom Appointment Committee Meeting and three incumbents were re-appointed to the Finance committee. She was elected to the senior citizens legislature. Hoyt made a brief statement thanking all members of the Boards, Committees and Commissions for their service this year while she has been Chairman. She also thanked the Board of Selectmen for their support. Discussion/Action Items Board of Selectmen Reorganization - The Town Manager chaired the meeting and asked for nominations for the position of Chairman. On motion by Ensminger seconded by Anthony, George Hines was nominated for the position of Chairman of the-Board of Selectmen for Board of Selectmen Meeting - June 25, 1996 - page 2 a term expiring 6/30/97. There being no other nominations, the Chairman declared the nominations closed. Hines was elected Chairman by a vote of 4-0-1, with Hines abstaining. The Chairmanship was turned over to George Hines. On motion by Hoyt seconded by Ensminger, Camille Anthony was nominated for the position of Vice Chairman of the Board of Selectmen for a term expiring 6/30/97. On motion by Ensminger seconded by MacDonald, nominations were closed by a vote of 5-0-0. Anthony was appointed Vice Chairman by a vote of 4-0-1, with Anthony abstaining. On motion by Anthony seconded by Ensminger, Bruce MacDonald was nominated for a position as Secretary of the Board of Selectmen for a term expiring 6/30/97. On motion by Anthony seconded by Ensminger, the nominations were closed by a vote of 5-0-0. MacDonald was appointed as Secretary by a vote of 4-0-1, with MacDonald abstaining. Public Comments There were no public comments. _Town Manager's Report The Town Manager noted that Sal Mele, a volunteer for the Town of Reading over the past several years as a member of the Council on Aging and as a Constable, died last Sunday after an illness. The Selectmen's Forum is scheduled for July 2nd. There will also be a brief special meeting to approve the sale of bonds prior to the Forum on the 2nd. The Town is selling almost $10 million worth of bonds on June 27. The 1996 Supplemental State Budget has included funding for PRIT, and Reading's share of that funding will be approximately $450,000. This money will go directly into the pension system to assist in funding or unfunded pension liability. The amount Reading will receive represents approximately 1% of the total pension liability which is now 52% funded. In the mid 1980's, the pension was funded at 38%. Representatives Brad Jones and Paul Casey and Senator Tisei were invaluable in helping to get this funding. The FinCom Appointment Committee met last evening and re-appointed Nate White, Gerry MacDonald and Rocco Nenarella. The regional hearing on the Cable TV franchise transfer is scheduled for Thursday night in Burlington. The Town Manager, members of the Cable TV Advisory Committee and, hopefully, members of the Board of Selectmen will be present. Depending on the outcome, the Cable TV Commission may allow a local hearing. Summerfest begins Wednesday. This event is not run by the Town- it is run by a private, non- profit corporation formed for that purpose. Street sweeping has been completed. Water restriction enforcement has been undertaken after several days of very high water usage. The Parker Middle School Auction took in approximately $850.00. The installation of the gas main for the Parker Middle School is being done jointly by the Department of Public Works and Boston Gas beginning today. __ Board of Selectmen Meeting -June 25. 1996 - page 3 The CPDC hearing regarding Adult Entertainment Bylaws is scheduled for July 15. A mediation session on the "Old" Sanborn Lane issue is scheduled to continue on July 10, 1996. George Hines asked members of the Board of Selectmen to get their requests for Liaison Assignments to Paula Schena by Friday. He also noted that he would like the members of the Board of Selectmen to consider the goals and objectives for next years fiscal budget. Dan Ensminger noted that the RMLD has adopted a policy on management salaries and gave this material to the Town Manager to distribute to the Board. Discussion/Action Items Hearing on Building;Demolition- 78-80 Woburn Street- Bruce MacDonald read the notice regarding the hearing to receive report and recommendation from a Survey Board convened to examine the safety and condition of the structure located at 78-80 Woburn Street. The Town Manager reviewed the history of this property. Joe Delaney, Town Engineer, reviewed the background of the property being burned by a fire in November of 1995, and the Survey Board Meeting in May of 1996. The initial inspection was May 15, and the report was issued May 31, 1996. The Building Inspector asked the Survey Board to reconvene, and the Survey Board did -- reconvene. The Survey Board noted that the building is unsafe and poses a danger to the public and to the firefighters. The existing structure is damaged to such an extent that salvage is not realistic. The Survey Board requested the building to be removed to the foundation and a fence be constructed around the site. The Survey Board did consider requiring the foundation to be filled, but felt that might overstep their bounds, and that the property owner may not be able to rebuild on this non-conforming lot. The foundation is partly above grade and partly below grade. The Building Inspector, Glen Redmond, spoke. He noted that the asbestos siding was removed from the building today by ACM contractor. They were licensed but did not have a permit when they started. The Building Inspector stopped them until they got a permit. The Building Inspector has a problem leaving the foundation on the site. The State law requires it to be filled. There will likely be damage to the foundation by the demolition. Even if the foundation is filled, the property owner has the right to rebuild within two years. The foundation is fieldstone and would likely be damaged by demolition. As Building Inspector, Glen Redmond would require the foundation to be removed unless an analysis by the property owner shows that it is still sound and it can be shaped. Camille Anthony asked what shape the lot would be left in, and the Building Inspector noted that it would be filled and leveled. Sally Hoyt asked if we notified the owner of the hearing, and the Town Manager noted that the owner is present. Board of Selectmen Meeting-June 25, 1996 - page 4 Theresa Kyle, representing the Modas who are the owners of the property, spoke. She did not want the Board of Selectmen to think the owners had ignored the building. There was an agreement to sell the property from last December. That Purchase and Sales Agreement expires July 1 st. The building owner was not aware of the plans for the purchaser except to tear down the structure. They have straightened out the title problems. They were unaware of the process being undertaken by the Town until they talked with Town Counsel. Her client got the papers ordering the demolition, and contacted several people in Town regarding the process. The Town asked for approval to do the survey, and approval was granted. The report on the survey said that no action was taken. The client got no notice of public hearings on reuse of the property pursuant to the sale of it-- George Hines noted that there were meetings, not hearings. After inspection by the Survey Board, Ms. Kyle's client was served on Sunday evening. She asked the Board of Selectmen to be aware that there has been contact. With the last order, there is very little time for the property owner to act. The property owner went to Town Hall to get a permit, but was not able to get the permit because of various requirements. Prior to signing a contract to demolish the property, the building owner is waiting for the date of the expiration to the Purchase and Sales Agreement. They were concerned to take action, sooner than that would be a breach of the Purchase and Sales Agreement. Dan Ensminger asked if there were any conditions in the Purchase and Sales Agreement, and it was noted that there were none. The buyer was taking the property as is. Counsel for the property owner noted that there was a signed contract to sell the property and they are operating under that constraint. They do not want to get into a confrontation with the buyer or with the Town. Her client boarded up the building as soon as it was requested. He has met all compliance orders. They are not aware of complaints. They are not ignoring the issue-- the move to demolish the building has just happened the past month. Bruce MacDonald asked what outcome they would like to see from this hearing, and the building owner noted that they would like to have until the end of July to demolish the building. Mr. Moda noted that he did not know who ACM was, and that he has not signed any contract for the demolition of the property including asbestos removal. Redmond noted that the contract does not have the owner's signature on it. MacDonald noted that it seemed to him that if the outcome is to issue an order to demolish by a date certain, that it is consistent with the owner's plans for the property. The owner noted that he would not object to a demolish order as long as the order is not issued before July 1 st, and he has until July 31 st to demolish. Mr. Moda, the property owner, noted that what bothered him was that between November and May 13th, there was no problem with the building except that he was asked to board it and remove part of the roof. No one contacted him until May 13th. Then at 9:30 p.m. on Sunday night, the Constable came and left the notice. Board of Selectmen Meeting-June 25, 1996 - page 5 The notice required him to get a permit the next day. Getting a permit is confusing and takes lots of time. He needs time-- he needs at least ten days to get a permit. He also has personal property in the basement that needs to be removed. He doesn't believe that he has to fill the foundation. Sally Hoyt asked the Building Inspector for the name of the demolition company. Redmond noted that he would not issue any permit until it is signed by the owner. The demolition contractor had the proper paperwork and the proper manifest, and was proceeding based on the application before him. Tim Kelley spoke and noted that it sounds like everyone is in agreement as to what should happen with the building. He requested that the date for demolition be the first week in July. Joe Delaney noted that the Town's preference is to have the property owner demolish the building. The Survey Board process is working in parallel to the owner's process in case the owner does not perform. George Hines asked the Building Inspector how long it takes to get a permit and demolish the building. Redmond noted that the process has started for utilities. It should take seven to ten days for the permit to be issued. If the property owner does not perform by the set date, it could take the Town seven to ten days to get a contractor in to do the demolition. Camille Anthony noted that if we work under the presumption that the Purchase and Sales Agreement does not exist, then why can't the property owner move forward. Moda noted that he can't sign a demolition contract until July 1 st or he might be in breach of the Purchase and Sales Agreement. George Hines asked if another owner such as Mr. Moda's son could have signed a demolish contract and Mr. Moda responded that he did not. Moda noted that he would report each step that he takes to the Town. Sally Hoyt suggested that we give sufficient time for the demolition- probably until July 31 st. Chris Vaccaro is a neighbor and noted that he does not understand why the property owner can't proceed. He could sign a conditional contract for demolition that if the property is not sold by June 30th, then the demolition contract is in place. He asked if the owner could put up a bond for demolition and forfeit the bond. Bruce MacDonald noted that if progress is being made, the Town would work with the property owner. If there is a problem, and the deadline cannot be met, then the Town Manager could come back to the Board with a request for an extension of the timeframe. Mr. Moda noted that he can't get the demolition done as quickly as the Board would like. 'f Board of Selectmen Meeting-June 25, 1996 -page 6 He is being reasonable and would like at least three weeks. He noted that if the Town thinks it can get it done more quickly, he will give the Town the property now. MacDonald moved and Hoyt seconded a motion that the Board of Selectmen accept the Survey Board report relative to the safety and condition of the structure located at 78-80 Woburn Street ; and that the Board determine that the structure at 78-80 Woburn Street is a nuisance and dangerous and unsafe; and that the Board of Selectmen orders the disposition of the building at 78-80 Woburn Street to be demolished and the debris removed and the site made safe by July 9, 1996; and if this order is not carried out to completion by the property owner by that date, the Building Inspector is ordered to have the building demolished immediately, and the Town Manager is directed to have a lien placed on the property to reimburse the Town for all costs associated therewith. On motion by Ensminger seconded by Hoyt, the Board voted to close the hearing on the Survey Board Report relative to the safety and condition of the structure located at 78-80 Woburn Street. The motion was approved by a vote of 5-0-0. On motion by Anthony seconded by Ensminger, the date for demolition was amended to July 19, 1996 by a vote of 4-0-1, with Hoyt abstaining. The main motion was then approved by a vote of 4-0-1. Report on Police Station Building Committee-Lt. Robert Silva and the Committee were present and made a report to the Board of Selectmen. The report was the findings and recommendation of the Police Station Building Committee which was created approximately a year ago. They voted unanimously to recommend the Union/Middle Street site. Sally Hoyt noted that she read the report and commends the Committee for the work and effort that was done. Camille Anthony asked where they got the information on receiving $300,000 for the sale of the Police Station. It was noted that they looked at a comparable--the RMLD building and a bank building. The Committee is recommending the Union Street site with the acquisition of two additional properties. The parking was not a net gain or loss. Dan Ensminger asked about the number showing the sale of the existing facility and where the numbers came from. Bruce MacDonald noted that if the existing site could not be sold, the Town may see no dollar value but may see a community value. Either option is contingent upon acquiring real estate. Both sites are speculative from that perspective. The Oakland site is still a consideration. George Hines noted that he had concerns about the cost, about real estate acquisition and about parking. Board of Selectmen Meeting -June 25, 1996 - page 7 Loretta Raffi asked for clarification of MacDonald's comments about community value. Camille Anthony asked whether the Committee had looked at the Salem Street site. Lt. Silva noted that they had looked at it but not as closely as other sites. It is a difficult piece of land as is too far out of the center of the community. Sally Hoyt asked about an indication of the availability of any of the properties, and the Town Manager noted that this is the subject of an Executive Session. Bill Brown noted that both sites were rejected in the 1976 study, and that the Oakland Road site was expressed as the preferred site. He thought that eminent domain takings would not be approved at Town Meeting. William Bogaert of 91 Pleasant Street spoke. He noted that the Board of Selectmen has had the report for two weeks (George Hines noted that this was not correct -the Board had received the reports on Friday). He asked when the Board of Selectmen would address this issue and make a decision. He also asked if it would be an Executive Session or a public meeting. Hines noted that the final decision would be in public session. He also noted that there will be ongoing discussion on the issue. Contained in the packet of information was a letter from the neighborhood expressing concerns about the expansion of the existing site. There are public and neighborhood issues with either option. Bogaert noted that he would like to see closure on the issue, and would like to be heard. He noted that there seems to be a number of approaches to one of the abutters particularly, and he felt that it boarders on harassment. George Hines noted that the Union Street neighbors may also have neighborhood concerns. He noted that the abutter does not feel harassed. MacDonald noted that he was present at several of the meetings with the abutters, and that they are not harassed. The meetings were very friendly and reasonable. The abutters have been dealt with in a very respectful manner. Dan Ensminger asked questions about the number of parking spaces that would be created, and whether or not spaces would be reserved for police business or whether there would be open parking. Silva noted that 25 spaces are required for the Police Department. The use of the Union Street site would free up an equivalent number of parking spaces behind the Senior Center. Silva noted that they would like to get the site acquisition issues settled at the Fall Town Meeting, and then be able to move forward with architectural design and construction next year. George Hines noted that this will be an ongoing agenda item, and the Board of Selectmen will keep all of the options open. Dan Ensminger noted that the Board of Selectmen have five meetings until the warrant closes. It might be helpful to hear from the Community Development Department and also consider how these issues would integrate into the Downtown issues. George Hines noted that we should identify issues for the surrounding properties. Hines noted that the Board will schedule a night for discussion and get neighborhood input. Board of Selectmen Meeting-June 25, 1996 - page 8 The Town Manager suggested that this should be done by the Board of Selectmen rather than by the Building Committee. MacDonald felt that we should still hold open the Oakland Road site and the Town Manager will write a letter to the School Department asking what is the progress. Bill Brown asked if Town Counsel has ruled on the availability of the Oakland Road site, and the Town Manager reported that it is difficult to trace the exact history, but Town Counsel felt that release by the School Department would be required. On motion by MacDonald seconded by Anthony, the Board voted to accept the report of the Police Station Building Committee presented on June 25, 1995 as their Annual Report. The motion was approved by a vote of 5-0-0. Ensminger made a motion which was not seconded for the Police Station Building Committee to bring in final plans at no more than $3.5 million in accordance with the Capital Improvement Program. George Hines noted that we need to work towards that, and that will be part of what needs to be done. Personnel & Appointments Finance - Commissioners of Trust Funds - The Board interviewed James B. Francis relative to a term on the Commissioners of Trust Funds. Robert Cummings is the incumbent and is not available to be interviewed. On motion by Anthony seconded by Hines, the Board placed into nomination Robert S. Cummings and James B. Francis for one position on the Commissioners of Trust Funds for a term expiring 6/30/99. Robert Cummings received five votes and was appointed. Cable TV Advisory Committee- On motion by MacDonald seconded by Hoyt, the Board placed into nomination for three positions on the Cable TV Advisory Committee for terms expiring 6 /30/99 the following names: James A. Guarente and James M. Liston. James Guarente and James Liston received five votes each and both were appointed. Constables - Sally Hoyt absented herself from the Board for consideration of Constable positions. She was interviewed for the position of Constable. Michael J. Janvrin was also interviewed. On motion by MacDonald seconded by Anthony, the Board placed the following names into nomination for two positions as Constables for terms expiring 6/30/99: Sally M. Hoyt and Michael J. Janvrin. Each received four votes and were appointed. Board of Selectmen Meeting- June 25, 1996 - page 9 RMLD Citizens Advisory Board - The Board interviewed John Corbett for a position on the RMLD Citizens Advisory Board. The incumbent is not interested in being re-appointed. On motion by Anthony seconded by MacDonald, the Board appointed John Corbett to a position on the RMLD Citizens Advisory Board for a term expiring 6/30/99. Report on Mineral Street Bridge Status and Approval of Traffic Control Agreement- The Town Manager reviewed the status of the Mineral Street Bridge construction project. He reiterated that we have had a problem getting a right of entry from one property, and that is part of the state budget process for FY'97. There is an outside section that would require the Massachusetts Highway Department to do this for the Town. The Town Manager reviewed the Traffic Control Agreement. MacDonald wondered what would happen under Section IV where it indicates that the state would "consider" a request by the Town to make the roadway one way. What would happen if the state did not approve this. Joe Delaney noted that the state has control of traffic control in all situations, in any case. Chief Marchand noted that all one way streets have been approved by the state. George Hines noted that the Traffic Control Agreement requires the Town to use the street for ninety days before making any section change. Additionally, the Town's Home Rule Petition would allow the Board of Selectmen to address this without Massachusetts Highway Department approval if that Home Rule Petition is approved. On motion by Ensminger seconded by Hoyt, the Board voted to approve the Traffic Control Agreement between the Town of Reading and the Massachusetts Highway Department relative to the reconstruction of the Mineral Street Bridge. The motion was approved by a vote of 5-0-0. Approval of Traffic Control Agreement- Route 129 - Joe Delaney reviewed the Traffic Control Agreement with the Board of Selectmen. He indicated that there are a couple of minor changes, but that the no parking locations agree with the plans. A question was raised with regard to curb cuts and the municipal standard, and Delaney noted that these are the same. On motion by MacDonald seconded by Ensminger, the Board voted to approve the Traffic Control Agreement between the Town of Reading and the Massachusetts Highway Department relative to the reconstruction of Salem and Lowell Streets. The motion was approved by a vote of 5-0-0. Establishing Police Revolving Funds - The Town Manager reviewed a proposed policy establishing two Police revolving funds -- one for D.A.R.E. and one for Peace Education. These are similar to the Human Services Revolving Funds that are established. Board of Selectmen Meeting - June 25, 1996 - page 10 Linda Kenyon King was present and explained to the Board of Selectmen why she was interested in the Police Peace Education Fund based on her personal experiences. On motion by Ensminger seconded by MacDonald, the Board voted to establish two Police Revolving Funds as detailed in the proposed Section 8.1 of the Board of Selectmen's Policies. The motion was approved by a vote of 5-0-0. Bruce MacDonald noted that this could help support a conflict resolution program. He hopes that others would now be encouraged to donate. On motion by Ensminger seconded by Hoyt, the Board voted to go into Executive Session for the purpose of 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 present voted in the affirmative and the motion was carried. The Board adjourned at 10:10 p.m. Respectfully submi cr ary