Loading...
HomeMy WebLinkAbout1996-08-05 Board of Selectmen Minutes Board of Selectmen's Meeting August 5, 1996 The meeting was convened at 8:10 p.m. at the Reading Municipal Light Department Meeting Room, 230 Ash Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Selectmen Dan Ensminger and Sally Hoyt, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen, RMLD Board members Allen Ames, David Swyter, Bill Burditt, Bill Hughes, Phil Pacino, RMLD staff Len Rucker, Jim Blomley, Vinny Cameron, Laurie Cavagnaro, RMLD Counsel Ken Barna and Deirdre Lawrence and Rick Ford from the Shepardson Group. Sale of Real Estate - 25 Haven Street The Board of Selectmen joined the RMLD Board in their meeting already in progress. George Hines briefed the assembled group on the process of applying for a special permit before the CPDC and the Zoning Board of Appeals. He noted that the Town through the General Manager of the Light Department and the Town Manager had received a letter from P.J.C. Realty Co., Inc. expressing interest in reactivating the Purchase and Sales Agreement. He noted that he felt it was a collective will of both the RMLD Board and the Board of Selectmen to sell this property as soon as possible. Reopening the Purchase and Sales Agreement is the quickest way. Discussion has taken place between Allen Ames, Chairman of the Light Board and George Hines, Chairman of the Board of Selectmen and their advisors. The sense of that group was that the Purchase and Sales Agreement can be reopened in a way that does not unduly delay in a possible rebidding process. He asked Town Counsel, H Theodore Cohen, to review the history and next steps. Cohen noted that the last extension for the Purchase and Sales Agreement expired on June 14, 1996. On June 14, there was a lot of discussion. P.J.C. was seeking a 12 day extension to do two additional environmental tests and to get the special permit. Since some things that they were asking for were different than in the previous Purchase and Sales Agreement, the extension cannot be signed. P.J.C. sent notice of cancellation so that they could get their deposit back. At that time, and since then, there's been an indication of continuing interest. There has been some communication. P.J.C. advised the Board of Appeals after the June 14 date that the deal had fallen through and, therefore, they withdrew their application for a special permit. The Zoning Board of Appeals viewed the withdrawal as a withdrawal with prejudice and, therefore, it was a final unfavorable action. Reinstating the application for a special permit, would constitute a repetitive petition and requires CPDC and the Zoning Board of Appeals' approval. As a result of the additional communications with P.J.C., it was felt that one issue that was open was the special permit, and this could be resolved fairly quickly. Because this required CPDC and ZBA approval, hearings with those bodies were scheduled. However, because of confusion as to whether or not there was a Purchase and Sales Agreement and whether the RMLD Board approved the filing of such an appeal, the CPDC hearing was continued until August 12. The ZBA hearing similarly was continued until August 15. This would let the Municipal Light Board and the Board of Selectmen meet to see if there is a possibility of continuing the deal. Board of Selectmen Meeting- August 5 1996 - page 2 On August 2, 1996, a letter from Moss Sidell representing P.J.C. Realty was received. Following the meeting with the Chairman and staff this morning, Cohen has drafted the outline of a proposed modification to the Purchase and Sales Agreement. Sidell finds this concept generally acceptable, but has been unable to reach P.J.C. Realty Trust principals who are on vacation. The proposed motion is in draft. Allen Ames noted that the motion could be approved in principal and leave it to the Chairs or subcommittee to work out the details. Ken Barna noted that because he was out of town until just a little while ago this evening, he has just had a chance to review the proposed motion and would like some specific dates included. David Swyter asked to hear from Town Counsel regarding the authority to reopen the Purchase and Sales Agreement. Ted Cohen indicated that there was no problem with doing this. Town Meeting authority has been granted to sell the property. Their authority does not require an immediate and irrevocable cancellation of the agreement and an immediate rebidding. There is no problem with respect to general law. Counsel for the RMLD advised that there is no problem with regard to RMLD law. George Hines noted that the Board of Selectmen fully understand concerns with respect to a drawn out process, and any extension that would be granted would be final. Ted Cohen reviewed the status of the Activities and Use Limitation. The indemnification in the current Purchase and Sales Agreement stands - i.e., P.J.C. will indemnify the Town. The RMLD is perfecting the A.U.L., but will hold that process until the date in which P.J.C. has to inform the Town whether or not it will proceed with the deal for environmental reasons. At that point, the A.U.L. can either be stopped or continued. Hines noted that there is no recommendation that testing be permitted in Green Street. David Swyter noted that he doesn't see any need to delay the completion of the A.U.L. Allen Ames asked if delaying would increase the costs, and Len Rucker noted that we might be adding some data to the A.U.L. but it would probably not increase the costs. Pacino noted that he was at the meeting this morning. The proposal would extend the Purchase and Sales Agreement until the first or second week in September. If we are not closed by then, he would propose to rebid immediately. Len Rucker noted that we would be required to have a signed Purchase and Sales Agreement to allow P.J.C. to go on the property and do the testing. Bill Hughes noted that he was upset by the amount of money spent on the property to date, but if we go out to bid that prolongs the process. Sally Hoyt noted that this will be giving P.J.C. a final chance to bring this deal to conclusion. Ken Barna noted that in the cover letter to P.J.C., it should be noted that if P.J.C. does not sign the revised Purchase and Sales Agreement by August 12, then the Boards do not agree to proceed. The "drop dead closing date" would be September 12. Dan Ensminger noted that if the Zoning Board of Appeals can't hear the special permit on August 15 for some reason (i.e., quorum during the summer, etc.), then the Boards should be willing to grant an extension but only for that reason. There was a consensus among all present that this was in fact the case, but it would have to go back to the combined Boards. The attorneys will have a final revised Purchase and Sales -- Agreement by Thursday to be signed. It was agreed that a subcommittee would review the final Purchase and Sales Agreement prior to the Chairman signing it. Camille Anthony asked if the 19th of August is enough time to have completed the environmental testing, Board of Selectmen Meeting, - August st 5, 1996 - page 3 and it was agreed that P.J.C. will be given 12 days from the execution of the Purchase and Sales Agreement, the Purchase and Sales Agreement having to be signed no later than August 12 to do the environmental study. It was noted that the test that would be permitted would be only on-site. On motion by Ensminger seconded by Hoyt, the Board voted to approve an extension of a Purchase and Sales Agreement between the Town of Reading through the Board of Selectmen and the Reading Municipal Light Board and P.J.C., the final details of which will be drafted by Town Counsel and Counsel to the RMLD Board, reviewed by a subcommittee of both Boards, and executed by their Chairman. The substance of the extension is as follows: The Town and the Reading Municipal Light Board (the "Light Board") are willing to reinstate the Purchase and Sale Agreement dated February 29, 1996 by and among the Town, the Light Board and P.J.C., in accordance with the terms of said Purchase and Sales Agreement as previously amended and subject to an additional amendment that shall be executed no later than August 12, 1996, and that provides essentially as follows: 1. That P.J.C. has the right to cancel the Purchase and Sale Agreement in the event that it is unable to obtain a special permit under the Reading Zoning By-Laws to allow for remodeling the premises for use as a retail drug store in accordance with the site plan approval received from CPDC; or if granted,that all appeal periods from the grant of such special permit have expired without an appeal having been taken and that the closing on r f the premises would be extended to a date no later than five business days after all appeal periods from the granting of said special permit have expired; however, in all events the closing must take place by September 12, 1996. 2. That P.J.C. shall have until 12 days from the execution of the amendment, which execution shall be not later than August 12, 1996, in order to perform any additional environmental testing on the premises that it desires, that if P.J.C. wishes to cancel the Purchase and Sale Agreement because of the results of any such testing, written notice of such cancellation must be delivered by such date. 3. That paragraph 19(f) of the Purchase and Sale Agreement shall be amended to provide that the Buyer shall reimburse Seller the sum of$4,075 representing one half of the cost of the survey of the premises under Chapter 21E performed by Integrated Environmental Resources of Sheldonville, Massachusetts, less the sum of $5,000 representing a contribution by the seller towards buyer's cost of any further clean up of the premises. 4. That P.J.C. shall reimburse the Light Board 's costs and expenses of cleaning and repairing the premises as a result of P.J.C.'s testing on the premises. 5. The Board of Selectmen and the Reading Municipal Light Board shall send a letter to the _ Community Planning and Development Commission and the Zoning Board of Appeals asking them to hear and approve the "repetitive application" for a special permit for Board of Selectmen Meeting,- August 5, 1996 -page 4 25 Haven Street. The letter will ask the Zoning Board of Appeals to condition its approval so that the special permit does not become final and is not recorded until such time as the papers are passed on this transaction. In the event that these terms are not satisfactory to P.J.C. Realty, the Board of Selectmen and the Light Board shall meet as 'soon as possible to discuss further disposition of the property including its immediate rebidding. The Board approved this motion by a vote of 4-0-0. The same motion was made by Pacino seconded by Burditt for the Light Board and approved by a vote of 5-0-0. Dan Ensminger expressed thanks to George Hines, Allen Ames, and staff for the excellent work that was done. Discussion of Goals and Budget Priorities-FY'98 The Board of Selectmen adjourned to another meeting room in the Light Board's offices to continue its business. George Hines reviewed the need for goals for FY '98. These will be distributed to the Town Manager by Thursday so that he can put them together in a format for discussion at a meeting to be held on August 13, 1996. The Town Manager handed out a calendar and meeting schedule. Members of the Board of Selectmen will review this calendar and add any additional comments they have, and get it back to the Town Manager by the 13th. The Board discussed a concern that agenda items are sometimes delayed because a member cannot be there, and then some other member is not able to be at the meeting to which the item has been postponed. They asked the Town Manager to draft an amendment to their policies which notes that unless a specific member requests action to be deferred because of particular interests or expertise, that votes will go ahead and take place even if all members of the Board of Selectmen are not able to be present. On motion by Anthony seconded by Hoyt, the Board voted to adjourn at 10:14 p.m. by a vote of 4-0-0. Respectfully submitted, r Secretary