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HomeMy WebLinkAbout1996-07-30 Board of Selectmen Minutes Board of Selectmen Meeting Executive Session July 30, 1996 The meeting was convened at 10:25 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary Bruce MacDonald, Selectman Dan Ensminger, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen. Town Counsel reviewed the status of 25 Haven Street. A meeting between the Chairman of the Board of Selectmen, the Chairman of the Light Board, the Town Manager, Town Counsel and a representative of the Light Board staff took place on Monday. The Zoning Board of Appeals has been asked to postpone their hearing on the Special Permit which is scheduled for August 1, 1996. The next hearing date would be August 15, 1996. This will give the Board of Selectmen and the RMLD the opportunity to discuss the possible sale, and come to a conclusion prior to the Board of Appeals and CPDC hearing regarding the issue of a Special Permit. George Hines noted that he had also discussed the option with the Chairman of the Reading Municipal Light Board of their turning the property over to the Town of Reading, for the Town to sell it and distribute the proceeds back to the RMLD if the Brooks Pharmacy deal does not proceed. The Board deferred approval of minutes until a future meeting. On motion by MacDonald seconded by Anthony, the Board voted to adjourn at 10:45 p.m. on a roll call vote with all four members present voting in the affirmative. Respectfully submitted, I Se etary Board of Selectmen Meeting July 30, 1996 The meeting was convened at 7:05 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary Bruce MacDonald, Selectman Dan Ensminger, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen and the following list of interested parties: Kendra Cooper, Kathleen Brennan, Sarah Twiss, Philip Rushworth, Matthew Leahy, Alicia Ross, Paul Marzo, Robert Connor, Michael Bramante, William Hancock, Roberta Fussari, Cathy Maloney, Mike Leone, Mike Longo, Bob Jeffries, Tim Marsaki, Tom Fields, Peter Jeffrey. Approval of Minutes On motion by MacDonald seconded by Ensminger, the Board approved the minutes of the meeting of December 26, 1995 as amended by a vote of 3-0-1, with Anthony abstaining. On motion by Ensminger seconded by Anthony, the Board approved the minutes of the meeting of January 2, 1996 as amended by a vote of 4-0-0. On motion by Anthony seconded by Ensminger, the Board voted to approve the minutes of the meeting of January 23, 1996 as amended by a vote of 4-0-0. On motion by MacDonald seconded by Anthony, the Board voted to approve the minutes of ---i February 6, 1996 as amended by a vote of 3-0-1, with MacDonald abstaining. On motion by Ensminger seconded by MacDonald, the Board voted to approve the minutes of May 7, 1996 as amended by a vote of 4-0-0. On motion by Anthony seconded by MacDonald, the Board voted to approve the minutes of June 25, 1996 as amended by a vote of 4-0-0. Reports and Comments Selectmen's Liaison Reports and Comments - Bruce MacDonald noted that some construction work is going on with the Mineral Street Bridge. The Town Manager noted that Mass Highway Department has contracted to have the remainder of the bridge deck removed and replaced on a temporary basis to make it safe. The right of entry needed for one property is still holding up the reconstruction project, and the Town Manager is hopeful that the legislature will deal with this issue. Dan Ensminger had no report. Camille Anthony reminded the Board that CPDC is evaluating two bylaws for Fall action. One on adult entertainment and one on soil removal. Board of Selectmen Meeting- July 30, 1996 - page 2 George Hines noted that the Adult Entertainment Bylaw public hearing on July 15, 1996 was attended by 65-70 people. Sally Hoyt was present, as was Town Counsel. There was good community input at that meeting. The Board will ask CPDC for a summary of the changes made in the motions from what was included in the Warrant Report. Bruce MacDonald noted that he had talked to George Theophanis, Bryan Irwin and Ted Cohen in advance of that meeting. Hines also noted that 1996 represents the 10th Anniversary of the Town Manager's tenure with the Town of Reading. He expressed congratulations and appreciation to the Town Manager on behalf of the Board of Selectmen. The Town Manager accepted the congratulations and thanked the Board for their support. Public Comment - Kendra Cooper of 20 Covey Hill Road presented a letter signed by four residents regarding school buildings and health concerns. They would like to have the Board of Health more involved in school issues. She read a letter dated July 30, 1996 and the Board indicated that it would take the request under advisement. Town Manager's Report The Town Manager reported on the status of hiring various positions that were available because of the FY '97 budget. All hiring has been completed. He reminded the Board that they are meeting with the RMLD regarding 25 Haven Street on August 5, 1996 at 8:00 p.m. He noted that EOCD has applied for housing units under Section 8. He reviewed the issue of expansion of telephone area codes to provide adequate capacity. The Board may want to make its comments known on the two options which would be to divide the existing area codes, or to overlay the area codes with a new area code for new customers. The property at 78-80 Woburn Street has been demolished in accordance with the Board's directions. The Town Manager reviewed the Brooks Pharmacy application before the Board of Appeals for a special permit. The brochure for the Reading Business Park is done. George Hines noted that he and Bryan Irwin are going to meet with regard to this issue and try to reactivate the task force. The Town Manager noted that there was a fire in the Parker Middle School Auditorium that was well handled by the Reading Fire Department and the damage was minimal. He also noted that the Town has applied for a COPS Grant Application for rape prevention, Citizen Police Academy and a radio for crime prevention vehicle. The Town Manager will also be making an application to EOCD for a grant to hire a consultant regarding consolidated building maintenance. The "dummy" in the Square has been painted. The final State budget has potential funding for landfill closure, and an increase in funding for sewer construction projects, a $73,00 increase in funding for highways, and funding for the Route 28 sidewalks in Reading. Traffic line striping is to begin the week of August 12, 1996. The Town is currently evaluating proposals for landfill capping and a recommendation will be made very soon to the Town Manager. The water restriction enforcement has been undertaken after several days of very high water usage. The Town has been granted approval to use wells 2 and 3 on an as needed basis, and a full report will be made on August 20. Board of Selectmen Meeting- July 30 1996 page 3 Personnel and Appointments Board of Registrars- William Hancock was interviewed for a position on the Board of Registrars. The Chairman of the Board of Selectmen read a letter from the Chairman of the Democratic Committee recommending Mr. Hancock. On motion by Anthony seconded by MacDonald, the Board appointed William Hancock to a position on the Board of Registrars for a term expiring June 30, 1999 by a vote of 4-0-0. Appreciation to Volunteers - On motion by Ensminger seconded by MacDonald, the Board voted to approve Certificates of Appreciation for the following volunteers who had served their community for over five years and who have retired from active service: Jane McKenzie, Arts Council - 6 years; Joyce Miller, Board of Cemetery Trustees - 15 years; Edward Smethurst, Historical Commission - 11 years; Frank Orlando, Historical Commission 10 years; Bill McIsaac, Housing Authority - 10 years; Arthur Reynolds, Housing Authority - 7 years; Dewey Smith, Board of Registrars - 8 years; Sara Sabo, Solid Waste Advisory Committee- 5 years. The motion was approved by a vote of 4-0-0, and the Board presented Certificates to those recipients who were present. Discussion/Action Items Acceptance of Donation of Land to the Conservation Commission from Sughrue Plat 95 Map 122 - The Town Manager reviewed the proposed donation of land on Grove Street. It directly abuts the Abedona River, and connects other Town owned lands. The proposal is to have this land serve as a portion of the site for the Pitman Bike Path which will connect Grove Street, Henzie Street, Criterion Lane and Rice Road to Birch Meadow Drive. The Conservation Commission has recommended the acceptance of donation of this land. On motion by MacDonald seconded by Anthony, the Board voted to accept the donation of the property known as Plat 95 on Map 122, owned by Clara M. Sughrue, consisting of approximately 2.2 acres of land, shown as lot 5 on the plan entitled "Plan of Land in Reading Massachusetts Scale V = 40' October 21, 1993," by Hayes Engineering Inc., Civil Engineers and Land Surveyors, owner Clara M. Sughrue; said land to be accepted pursuant to Massachusetts General Laws, Chapter 40, Section 8c for conservation purposes and passive recreation uses, which may include a bicycle path or way; said acceptance being subject to the abatement of $382.98 in FYI 996 taxes plus interest and charges, and $371.82 in 1997 taxes. The motion was approved by a vote of 4-0-0. Cable TV Transfer He - Roberta Fussari, Cathy Maloney, and Mike Leone were present for Continental Cable Television. Bruce MacDonald read the notice of the hearing which is to transfer Reading's Cable Television franchise from Continental Cable to U.S. West. Roberta Fussari presented the Board of Selectmen with a great deal of written material, and went over outstanding issues that had been identified at the regional public hearing in Burlington. The work in the Selectmen's Meeting Room to be done by Continental Cable wascommitted by Fussari. The major issue identified by Continental Cable representatives in supporting the proposal for this transfer was the need to fund future technological advances in the face of competition. Board of Selectmen Meeting; - July 30, 1996 - page 4 Members of the Board of Selectmen asked about the financing arrangements. The concern was expressed that this acquisition would take approximately $11 billion in capital, and a concern that - the new company would have adequate resources to meet all the requirements and obligations of all the franchises. Mike Leone noted Continental Cable has done a lot of upgrading already in their system, and that the cash position after the acquisition is better than industry ratios. Dan Ensminger asked how the change in stock price effects this merger. Bruce MacDonald asked Town Counsel what would happen if the Board does not approve the transfer. Cohen noted that there are three options, and any action that the Board of Selectmen take must be done by August 28. The Board may (1) do nothing in which case it constitutes an automatic approval, (2) approve the transfer, (3) deny the transfer. Denial must be based on technical, financial, legal or management issues. The reasons must be stated and approval of the transfer cannot unreasonably be withheld. Continental Cable has not had any communities deny the transfer. MacDonald noted that there are technical or management questions about the ability to manage the system. Mike Longo of the Cable TV Advisory Committee reviewed question #7 on Epstein's memo which related to what benefits it would be to the Town of Reading for the transfer. Representatives of Continental Cable noted that U.S. West goals are similar to that of Continental Cable - to be a provider of cable television service and, beyond that, to expand to telephone and high speed data transmission. The current system is capable of all of these services. George Hines asked and Continental Cable committed to a response to the questions in the four page memo from Peter Epstein. These responses will be received by August 12, 1996. Dan Ensminger also asked them to address the question of the loss in stock price. On motion by Ensminger seconded by MacDonald, the Board moved to continue the hearing to August 20, 1996 at 8:00 p.m. in the Selectmen's Meeting Room. The motion was approved by a vote of 4-0-0. Camille Anthony also asked the Cable TV Advisory Committee to be present and report on adherence to the existing franchise relative to the issue of management capabilities. Hearing on Digital Communications Use of Auburn Street Water Tower - Bob Jeffries, Tim Marsaki, Tom Fields and Peter Jeffrey were present from Lucent Technology which is the hardware provider for AT&T. They made a presentation on the proposed use of the Auburn Street water tower for digital communications. Alicia Ross of 31 Auburn Street asked about health issues, and they noted that the emissions from the site were 1000 times less than the maximum permitted. The Town Manager noted that the Health Department had done a thorough review and found no problems with the proposed use. Bob Connor of 7 Beacon Street made the following recommendations - (1) that there be 100% certainty that there is no interference with the Police and Fire communications systems (the license requires this); (2) recommends that the siting of the small equipment building be moved so that it is further away from properties on Chestnut Street; (3) ask that modifications be made to the fencing of the site so that portions can be used for open space for the neighborhood. Camille Anthony asked about the specifics of the installations. It was noted that construction documents will be submitted once the Board gives approval of the license, and the construction documents will be specific. No hearing will be required for that but there will be a review time by the Town. George Hines asked if AT&T would agree to modifications to the fence to allow a portion of the site for open space, and AT&T noted that they would be willing to work with the Town. Board of Selectmen Meeting-July 30 1996 page 5 Paul Marzo of 11 Chestnut Road spoke. He would like to see the equipment shelter moved to the - area between the two towers. Also, the fencing needs to be restored (AT&T committed to close the gaps in the fence), no fence will be installed around the building - the fence around the water tower site will need to suffice. Michael Bramante of 45 Auburn Street spoke. He asked how much traffic would get to the site, and it was noted that it would be about once a month. He noted that he currently gets interference from Fire Dispatch, and the Town Manager noted that this frequency is being changed. He was concerned about moving the equipment building to the center of the site and said it would be right across the street from him. The Board of Selectmen and AT&T agreed to modify the license to provide for 20 business days if there are any changes to the site, and to make the references to business days. They also agreed that they would submit revised plans and the Town Manager will send those plans out to residents in the neighborhood for any comments prior to finalization of the construction drawings. On motion by Ensminger seconded by MacDonald, the Board voted to close the public hearing on the approval of a license to use a portion of the water tower and property at Auburn Street for the purpose of a digital communications facility. The motion was approved by a vote of 4-0-0. ` On motion by MacDonald seconded by Ensminger, the Board voted to approve the license between the Town of Reading and AT&T for the use of the Auburn Street water tower for a digital communications facility subject to an amendment of the license agreement to provide 20 business days notice on changes, and 15 business days to review the original plans, and to - authorize the Town Manager to sign the license. The motion was approved by a vote of 4-0-0. Mass Highway Department Re: I-93 Containment - The Town Manager reported that the Mass Highway Department would not be present this evening - they do not go to evening meetings unless it was a hearing on a project. The matter has been referred to the Technology Division of the Mass Highway Department for review and comment. The Town Manager will follow-up. On motion by Ensminger seconded by Anthony, the Board voted to go into Executive Session for the purpose of discussing strategy with respect to the purchase or sale of real estate and approval of minutes, not to come back into Open Session. On a roll call vote, all four members voted in the affirmative and the Board adjourned its Open Session at 10:25 p.m. Respectfully submitted, Secretary _...........