HomeMy WebLinkAbout1996-08-20 Board of Selectmen Minutes Board of Selectmen Meeting
August 20, 1996
The meeting 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, Selectmen Dan Ensminger and Sally Hoyt, Town Manager Peter
Hechenbleikner, and the following list of interested parties: Bill Brown, Deirdre Hanley, Cherrie
Dubois, Don Cowan, Jonathan Edwards, Robert T. Graham, Steve Percy, Virginia Adams, Wilbar
M. Hoxie, Scott Cherniak, Chris Coleman, Chris Grevelis, John Bullman, Bruce Reilly, Peter
Simms, Kerry Makin, Kathy Maloney, Mike Longo, Richard Cohen, Phil Vaccaro.
Approval of Minutes
On motion by Anthony seconded by Hoyt, the Board approved the minutes of the meeting of
August 13, 1996 as amended by a vote of 4-0-1, with Ensminger abstaining.
Discussion/Action Items
Regional Water Supply Protection Efforts - Kerry Makin from the Ipswich River Watershed
Association spoke to the Board. She presented materials and discussed concerns about low flow
and no flow situations in the Ipswich River. She was questioned as to whether or not this is
related to pumping and/or rainfall and she indicated both. She showed a map of the Zone 2
delineations of the acquifer areas. Reading's Zone 2 is being completed right now. She noted that
there is a net loss of water in the watershed because water is pumped from the acquifer and the
river, and goes out to Boston Harbor and the sewer system. She noted that there was significant
wetlands excavation in North Reading for the River Park 93 project. She noted that for Reading
to continue to pump these wellfields, there will continue to be low flow problems in the Ipswich
River.
The Ipswich River Watershed Association met with the Water Department in the Fall. The
suppliers asked to form a Water Supply Task Force and this has been done. The Ipswich River
Watershed Association would like to offer services such as the detection services through a
master contract for all the communities. They would also like to provide bill stuffers for the water
and sewer bills noting that residents can "save money, save water, save the river." Printing would
be free. The towns can include these bill stuffers or not. She also talked about water sharing-
whereby pumping may take place in the Ipswich River Watershed Association in the winter, and
store the water in a reservoir. She also suggested that we should be looking at alternative
supplies. Interim recommendations from the Task Force should be available next Spring. This
whole process will take approximately three years. They would like to have in place river flow
triggers for odd/even water use or hand watering. This can be incorporated into each
communities permits for water use. She also noted that education on landscaping would be
important and they will be doing a workshop.
Board of Selectmen's Meeting- August 20, 1996 -page 2
Reports and Comments
Selectmen's Liaison Reports and Comments
Sally Hoyt noted that she had attended the Zoning Board of Appeals session regarding P.J.C.
Realty with George Hines and members of the Reading Municipal Light Board as well as Town
Counsel.
Bruce MacDonald asked what was the status of the gates at Woburn Street. He also wanted an
update on Federal Railroad Administration requirements for blowing whistles.
Dan Ensminger noted that he had read in the MMA Legislative Update that PWED grants may be
available and we should consider accessing these for the Reading Business Park. There also may
be off street parking grants. There is also some new law on adult entertainment club zoning and
he wondered if this is included in the Bylaw. He received a call from a Bear Hill resident relative
to various construction items -- timing, starting hours, beer cans on property, residents being
treated rudely, blast damage and dust problems. The Town Manager will review this.
Camille Anthony noted that she and the Town Manager were scheduled for a site visit at Village
and Washington Street tomorrow.
George Hines noted that the Haven Street sale is proceeding. There was an issue regarding
borings--they were started in Green Street and were stopped. The cut off date for the buyer to
opt out of the project for environmental reasons is the 26th. There was some difficulty in the
hearing before the ZBA but they got their approval. Hines noted that he had sent the MBTA a
letter relative to the Forest Street problem in Wakefield. The second incident occurred where a
vehicle was blocking the railroad track. Wakefield is working with the State on this item, and
there is a$400,000 line item for design in the State budget.
Public Comment
There were no public comments.
Town Manager's Report
There was no report.
Discussion/Action Items
Discussion with Library Representatives re: Fund Drive - Deirdre Hanley and Cherrie Dubois
were present. Cherrie Dubois noted that this fund raising effort was started in January of 1996.
They talked with several professional fund raisers and members of the Board of Library Trustees.
They have determined that a fund-raising program to establish an endowment fund for the Library
is feasible and desirable. They had hoped to get a professional fund raiser to help them conduct
this process but due to a lack of funds, a separate group has been formed who will proceed with
this project. It is chaired by Gene Nigro and Bob Nordstrand is Vice Chair with Maria Silvaggi as
Clerk.
Board of Selectmen's Meeting-August 20, 1996 - page 3
They will be kicking off their efforts in September. They will establish a separate foundation.
The money will go to new enhancements in the Library, particularly in the areas of technology and
programming. This will not supplant municipal funding. The endowment fund will go on forever
--with the principal being kept and interest only used to support Library services.
Sally Hoyt noted that she thought this was a great plan as long as it is not done by professionals.
Dan Ensminger indicated that he was not sure whether he objects to a professional, as long as
they charge a reasonable percentage. Cherrie Dubois noted that if they used a professional, it
would only be for a flat fee. Deirdre Hanley noted that if they used a professional, they would be
used as a consultant.
Camille Anthony noted that there is a great deal of management of funds required. Who would
manage it? Dubois noted that they are in the process of putting together a foundation group. It
would be managed independently, and they are developing bylaws. The endowment fund would
be independent of the Board of Trustees and the staff.
Bruce MacDonald felt that it was a great idea. He questioned the relationship between these
funds and tax funds. Would there be a temptation to use more of the endowment funds and less
Town funds. There is that danger if this endowment fund raising is wildly successful. Money
should be used to enhance programs and offerings.
George Hines noted that the purpose of this item on the Agenda is to inform the Board of
Selectmen that this effort is ongoing. He felt that the head of the group should be very visible --
i.e., the Endowment Committee not the staff and trustees. He asked what is the role of the
friends of the Reading Public Library. Deirdre Hanley noted that there are three groups for three
separate missions -- the trustees are elected and responsible to tax payers; the friends have their
own mission which is volunteer work; the foundation will be charged with looking after long-term
financing needs. She said it is like a life insurance policy -- a long-term program to encourage
people to give through wills, gifts and annuities for the ongoing success of the Library. The
trustees of the foundation would be the only ones who would have access to the funds and can
disburse money. Cherrie Dubois noted that they are still working out some of the details. Deirdre
Hanley noted that the 100th Anniversary of the Highland School Building is this September, and
the celebration of that will be the kickoff for the foundation.
Cable TV - Continuation of Hearing Kathy Maloney, Community Affairs Manager for
Continental Cable was present. This was a continuation of a hearing held on July 30, 1996
relative to the requested transfer of the franchise from Continental Cable to U.S. West.
Bruce MacDonald had questions about specific issues, particularly where it references local rate
regulation on Page 4 and Page 8 relative to level playing field language. He expressed
dissatisfaction with this process.
Board of Selectmen's Meeting- August 20, 1996 -page 4
Sally Hoyt noted that on Page 6, Item 3a, reference was left out to management. She felt that the
transfer should be approved by the Board only after the merger has taken place. It was noted that
the transfer requires approval first. The transfer will be by the end of the calendar year. She
noted that U.S. West stock decreased 25% recently. Maloney noted that there are assurances
from top levels from U.S. West and Continental Cable that the deal will go through as planned.
Can-0e Anthony asked what happens if U.S. West wants to sell Continental Cable. It was
pointed out that U.S. West is assuming all of Continental Cable's obligations to the Town of
Reading, and any transfer would require the Selectmen's approval.
George Hines noted that we have received bad reports about U.S. West's phone service. Maloney
noted that Continental Cable will be the provider of cable service. They have a commitment from
top management that the management structure will stay in place.
Mike Longo, a member of the Cable TV Advisory Committee, noted that in Atlanta the Customer
Care Center was consolidated and so were the bill paying options. He felt that this was not an
improvement. He asked about the PEG access and whether U.S. West had made a contribution
or had just passed through the costs.
Richard Cohen noted that the Cable TV Advisory Committee felt that Continental Cable had not
proved their management capability, and voted on a recommendation of transfer of 0-2-3, the
majority feeling that the Town should abstain. Town Counsel, H. Theodore Cohen, noted that
the Board had three options: they could deny, they could approve, or they could abstain which
would be a de facto approval. He noted that Peter Epstein, Special Counsel for Cable TV, felt
that an approval with a great deal of information established on the record might be preferable.
MacDonald noted that he was inclined to abstain but felt there might be better legal protection if
the Board approved it with a detailed motion.
Kathy Maloney from Continental Cable noted that she would like to come back in September and
make a presentation on the cut-over through the new cable system.
Bruce MacDonald read the motion for discussion purposes. On motion by Ensminger seconded
by Hoyt, the Board voted to approve the transfer of the Cable TV Franchise Agreement from
Continental Cable to U.S. West under the following conditions:
WHEREAS, Continental Cablevision of New Hampshire, Inc. was awarded a cable television final
license (the "Final License") on December 29, 1980 by the Board of Selectmen of the Town of
Reading (the "Board of Selectmen") pursuant to M.G.L. Chapter 166A, granting it the right to
install, operate and maintain a cable television system in the Town of Reading (the "Town"); and
Board of Selectmen's Meeting- August 20, 1996 - page 5
WHEREAS, Continental Cablevision of Massachusetts, Inc. received a renewal license (the
"Renewal License") on April 11, 1996, in order to continue operating its Reading cable system;
and
WHEREAS, Continental Cablevision, Inc. ("Continental") and U.S. West, Inc. ("U.S. West")
signed an Agreement and Plan of Merger(the "Merger Agreement") on February 27, 1996; and
WBEREAS, Continental and U.S. West submitted an FCC Form 394 Transfer Request (the
"Transfer Request") to the Board of Selectmen, as statutory Issuing Authority (the "Issuing
Authority"), which was received by the Issuing Authority on May 1, 1996, in which it was
proposed that the Issuing Authority approve the transfer of the Renewal License from Continental
to U.S. West; and
WHEREAS, U.S. West has stated to the Issuing Authority that it will continue operating the
Reading system through its Continental Cablevision of Massachusetts, Inc. subsidiary; and
WHEREAS, the Issuing Authority participated in a regional public hearing on the Transfer
Request on June 27, 1996, at which time Continental and U.S. West officials were questioned on
a number of transfer-related issues; and
WHEREAS, the Issuing Authority conducted a public hearing in Reading on July 30, 1996, to
further consider said transfer request, the transcript of which is attached hereto as Exhibit l; and
WHEREAS, on July 16, 1996, the Issuing Authority received a Summary of Proceedings and
Magistrate's Report, which is attached hereto as Exhibit 2; and
WHEREAS, representatives of Continental and U.S. West have agreed, verbally at said public
hearing and in writing, to comply in all respects with all of the terms and conditions contained in
the Renewal License; and
WHEREAS, Continental and U.S. West have assured the Town that the transfer will have no
adverse financial effect on the Reading cable system, stressing that (1) notwithstanding normal
increases in subscriber rates implemented in the ordinary course of business pursuant to the
Renewal License, there will be no increase in subscriber rates as a result of the transfer and (2)
U.S. West will meet all Renewal License requirements; and
WIIEREAS, Continental and U.S. West have represented that the merger will be effective by the
end of the fourth quarter of 1996.
..........
Board of Selectmen's Meeting- August 20, 1996 -page 6
NOW, THEREFORE, in the light of the foregoing and the benefits which Continental and U.S.
West have stated will inure to the benefit of the Town and its cable subscribers as a result of the
transfer, the Issuing Authority hereby grants approval to the request for transfer of control of the
Renewal License, subject to the following provisions:
(I)U.S. West shall comply with all terms and provisions contained in the Renewal License.
(II) U.S. West shall notify the Issuing Authority, in writing, of the closing of the merger. Under
no circumstances shall said merger closing occur later than December 31, 1996. In the event that
said closing does not occur on, or prior to, December 31, 1996, the approval granted herein by
the Issuing Authority is null and void, unless said approval is extended by the Issuing Authority in
writing.
(III) This Transfer Report in no way authorizes any subsequent transfers. U.S. West shall notify
the Issuing Authority of any other material changes in the relationship between Continental and
U.S. West.
(IV) The Issuing Authority has received representations and assurances from U.S. West that it
possesses the managerial, legal, technical and financial qualifications necessary to assume all
current Renewal License obligations and responsibilities.
(V) This Transfer Report shall in no way constitute a waiver and/or release of any rights
possessed by the Issuing Authority. This Transfer Report shall not constitute a waiver of any
rights of the Issuing Authority to fully enforce all terms and conditions in the Renewal License.
(VI) Given that U.S. West has satisfied the criteria set out in 207 CMR 4.04 for a transfer of
control of the Renewal License, the Issuing Authority hereby votes to approve the transfer of
control of the Renewal License from Continental Cablevision of Massachusetts, Inc. to U.S.
West, subject to the conditions herein.
Exhibit 1
Transcript of the July 30, 1996 Public Hearing
(see attached)
Exhibit 2
Summary, of Proceedings and Magistrate's Report
(see attached)
The Town Manager noted that he had contacted the City Administrator in Fayetteville, Georgia.
This is an area that is served by U.S. West. He felt that U.S. West provides very reliable service
Board of Selectmen's Meeting- August 20, 1996-page 7
at a high level service to this city. They do not have a local cable studio -- they do have a bulletin
board. The city gets very few calls although when the change-over was taking place, they did get
a lot of calls. Most of the comments from the community are positive.
The motion was approved by a vote of 5-0-0.
Status Report and Update - Downtown Steering Committee - Peter Simms, Chairman of the
Downtown Steering Committee, reported to the Board of Selectmen. There were four tasks that
they were charged with: (1) assemble the data categorized by topic that they had generated; (2)
hire an intern (this was done); (3) improve communications (the Town Manager is conducting
this); (4) interview consultants/facilitators. Simms noted that the Downtown Steering Committee
has interviewed several consultants. The cost of having a consultant do the work that is needed is
$30,000, and the Downtown Steering Committee is committed to come up with $10,000. The
Chamber of Commerce is committed up to $5,000 of the Downtown Steering Committee's
$10,000 commitment in matching funds. They will ask the Town for $20,000. They would like
the Board of Selectmen's endorsement to go to FINCOM tomorrow to request the funds. The
consulting process will be 12-18 months. Depending on the ability to secure the Transportation
Enhancement Grant, the consultant may be an architect or an economic specialist. He was
questioned as to what the product would be -- it will be a plan of revitalization including
streetscape, parking, circulation, signs, etc., and a business economic plan.
Dan Ensminger asked about the timing, and it was agreed that this would go before Fall Town
Meeting. He also suggested that streamlining the permitting process may be appropriate.
Camille Anthony noted that she felt that the process was very exciting.
On motion by Anthony seconded by Ensminger, the Board of Selectmen endorsed the concept of
funding for a facilitator/consultant contingent on the private sector funding of up to 1/3 of the
project, the purpose of which is to develop a streetscape plan and business plan for Downtown.
The motion was approved by a vote of 5-0-0.
Hearin; Declaring East Main Street a "Decadent Area" - Secretary Bruce MacDonald read the
notice of the public hearing. Jonathan Edwards reviewed the concept of the plan, and noted that
the reason for declaring this area "decadent" or "blighted" is in order to secure State and Federal
funds.
Bill Brown from Martin Road noted that he did not feel that this was economically worthwhile --
for a $320,000 grant, what are we adding to the value of the property. The new taxes generated
would not be enough to pay back the grant.
Scott Cherniak, owner of the Auto Supply Store, noted that some businesses may be disrupted by
this plan and some may need to go out of business.
Board of Selectmen's Meeting- August 20, 1996 -page 8
John Bullman of the Middlesex County Board of Realtors noted that they have been at their site
for 40 years. There is a very negative perception in the industry about being declared a "decadent
or blighted" area. He asked if their property could be deleted if it doesn't effect the proposal.
With respect to parking, they are not in a position at this time to make a decision. They need
parking for their employees and board members.
Jonathan Edwards noted that the use of the term "blighted or decadent" stems from the Urban
Renewal definitions.
Chris Coleman, Attorney for the Board of Realtors, noted that their property is on the outskirts of
the designated area, and would request that it be deleted.
Bruce Reilly of Timberneck Drive asked about angle parking on Hamden Street and whether or
not parking could be added at the front of the stores.
Peter Simms asked how long the definition of decadence would be in place, and it was noted that
the Board of Selectmen could remove it at any time.
Bob Graham noted that he did not get a copy of the plan. He asked if the designation could be
eliminated if the conditions were corrected. It was noted that they could.
Chris Coleman spoke again and noted that they are not interested in doing anything that would
effect the use of their property at this time. The plan and designation should not indicate their
consent.
Chris Grevelis, property owner on Hamden Street, spoke. He noted that parking is vital to this
section of Downtown and all of Downtown. He pointed out that Wakefield, for example, has a
lot of pedestrian traffic, and they have a lot of parking and a good business mix.
Don Cowan of A-Plus Printing noted that right now most people who work in the Baybank
building park on the Union Street lot. Employees of Hersey's and Newbury Bakery also park
there. He is in the building that would be redeveloped, and he would like to see this project move
forward. This will help fix the Town up.
Peter Simms spoke as a business owner. He noted that parking is vital to revitalization. He
would like to see a program of parking meter people like Winchester has, and force parking for
employees into non-customer parking areas. He noted that the M.F. Charles Building is currently
primarily empty and there are other vacancies. If these buildings fill up, we will need parking.
With respect to property values, there could be a short-term loss, but a long-term gain to this
program.
Board of Selectmen's Meeting- August 20, 1996-page 9
Phil Vaccaro noted that he supports the efforts of the Downtown Steering Committee and this
project.
George Hines asked Jonathan Edwards if he has had direct contact with all of the property
owners. Edwards noted that each property owner got a letter, and he followed up with property
owners when he went around and did the blight determination.
On motion by Anthony seconded by Ensminger, the Board voted to close the public hearing on
the declaration of the easterly portion of Main Street from Union Street to Green Street as a
"decadent" area. The motion was approved by a vote of 5-0-0.
MacDonald moved and Anthony seconded a motion-that the easterly side of Downtown Reading
bounded by Main Street, Green Street, Union Street, and the boundary of the Business-B Zoning
District be declared as a "decadent area" as defined in Massachusetts General Law, Chapters
121A and 121B because of the following findings of fact:
+ This area contains a substantial number of deteriorated or deteriorating buildings and
public improvements;
+ These buildings are out of repair, physically deteriorated, obsolete, and in need of major
maintenance or repair;
+ Portions of several of these buildings have not been in use;
+ There has been over the last several decades an adverse substantial change in the area's
business and economic conditions;
+ The pattern of lot sizes and shapes in the area are not conducive to the provision of
needed and required off-street parking, nor to building expansion, nor to pedestrian
accessibility;
+ Public improvements have deteriorated or are inadequate including worn or low curbs,
cracked or broken sidewalk pavement, deteriorated street pavement, inappropriate street
lighting, insufficient public on-street and off-street parking and accessibility thereto;
+ These conditions contribute blighting influences which contribute to the stagnation and
deterioration of the area so as to have become detrimental to the safety, health, morals,
welfare or sound growth of the Reading community and which are not being remedied by
the ordinary operations of private enterprise and which are improbable of remedy by those
means alone.
On motion by Ensminger seconded by Anthony, the Board voted to amend the motion to add
after "Business B Zoning District" "with the exception of 76-8 Middlesex Board of Realtors
property." The amendment was approved by a vote of 3-2-0. The amended motion was
approved by a vote of 5-0-0.
Board of Selectmen's Meeting- August 20, 1996 -page 10
Executive Session
On motion by Ensminger seconded by Anthony, the Board voted to go into Executive Session for
the purpose of discussing strategy with respect to litigation, 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.
Respectfully submitted,
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