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HomeMy WebLinkAbout1994-03-08 Board of Selectmen Minutes Board of Selectmen Meeting March 8, 1994 The meeting was convened at 6:54 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, MA. Present were Chairman George Hines, Vice Chairman Gene Nigro, Secretary Sally Hoyt, Selectmen Dan Ensminger and Bili Burditt, Town Manager Peter I. Hechenbleikner. On motion by Ensminger seconded by Burditt the Board voted to go into Executive Session in preparation for a strategy session for negotiations for non-union personnel and contract negotiations with non-union personnel, to come back into open session at ap- proximately 8: 00 p.m. On roll call vote: Hines yes, Nigro abstained, Hoyt yes, Ensminger yes, Burditt yes. The Board reconvened in open session at 8:00 p.m. The following list of interested parties were present: Bob Ward, Nancy Eaton, Bob McCurry, Jeanne McCorry, . Virginia Harper, Camille Anthony, Lois K. Bond. Approval of Minutes On motion by Nigro seconded by Hoyt the Board voted to approve the minutes of February 8, 1994, as amended by a vote of 5-0-0. On motion by Ensminger seconded by Burditt the Board voted to ap- prove the minutes of February 15, 1994 as amended by a vote of 4-0-1 with Nigro abstaining. .........._ Liaison Reports/Selectmen's Comments Ensminger indicated that he had attended a Budget Committee meet- ing, and tentative agreements on allocation of resources has been reached. He attended the Mineral Street Bridge Task Force meet- ing. He noted that Bill Robertson, Town Engineer, is leaving. He gave the Board an update on the status of litigation regarding MWRA rates. The group of communities has not yet begun to work - they are still collecting money. They expect a commitment of $50, 000 and expect to file suit by June 1, 1994. Gene Nigro congratulated the Reading Public Library on its 10th Anniversary at its location at the Highland School. He noted a number of events that took place including a jazz concert, and a talk by Clark Booth, as well as a sleepover. He also attended the Reading Business Park Task Force meeting and a marketing package for the site is being developed. The Town is also look- ing at a PWED grant. Sally Hoyt noted activities of the Division of Elder Services in- cluding an AARP meeting, and a health care workshop at the Senior Center. The Rabies Clinic will be held March 12 for dogs, and March 19 for cats. Registrations are being accepted for summer camp and swimming programs for the summer recreation program. This is being done on a mail-in basis. She attended the Arts Center Task Force at the RMLD building. She attended the Reading Public Library's 10th Anniversary Celebration and noted that Elia Marnik and Jack Cairl did a great job. She was pleased to see thatthe Woburn Police Department won a grant for Community Oriented Policing. E Board of Selectmen Meeting - March 8, 1994 - page 2 Bill Burditt attended a Swimming Pool Task Force meeting, and did a site survey. They are getting numbers for a new pool. The desire is to develop an enclosed pool, but the existing pool can be rebuilt for $200,000 - $300,000 and it can be prepared for fu- ture enclosure. There has also been discussion about the pos- sibility of locating a pool at the Parker Middle School and con- structing it as part of the project there and getting school building assistance reimbursement. Bill also attended the Read- ing Public Library 10th Anniversary celebrations. George Hines indicated that the Budget Committee met and is making progress in closing the gap. He will elaborate on this later. He attended the Mineral Street Bridge Task Force - Bill Goodrich is chairing this group. They are considering asking for $4, 000 for a traffic study. There is a possibility of going through Chapter 90 for those dollars. He represented the Board of Selectmen at the Reading Public Library Open House and con- gratulated the Library and the Friends of the Library. Public Comment There was no public comment. Town Manager's Report The Town Manager reported that Ted Cohen will be leaving the firm of Tyler and Reynolds this Spring and will be joining the firm of McGregor and Shea. He and Ron Kaczynski will continue to provide legal services to the Town on the same basis as in the past. Bili Robertson is leaving the Town's employ at the end of this month to take a position as City Engineer in the City of Gloucester. The Town Manager noted that Bill has worked for the Town for four years and has done an excellent job in helping to secure additional funds and conduct road improvements through the Chapter 90 process. The job is being advertised. Applications for the Recreation Administrator have been received and are being reviewed by staff and the Recreation Committee. Effective last week and until April 15, 1994, the Town Manager has assigned the enforcement of sign provisions of the Zoning Bylaw to the Director of Community Development because the Build- ing Inspector is a candidate for public office and there will be a conflict in his enforcing the sign sections of the Bylaw. Street Acceptance Hearings are scheduled for March 23 , 1994, by the Department of Public Works, and will be heard by the Board of Selectmen on April 5. Snow and ice expenditures to date are $384 , 000. The House has - passed the Governor's requested $15 million emergency appropria- tion for snow and ice for cities and towns, but we do not yet know what Reading's share will be. The building permit applica- tion for the foundation for the Ice Rink has been filed and the permit has been issued. The design for the traffic light at the Ice Rink road is in draft form and will be discussed with CPDC Board of Selectmen Meeting - March 8, 1994 —page 3 next week. The budget process is continuing with FinCom meeting every Monday and Thursday. The Budget Committee has reached a tentative agreement on an allocation of resources. The Annual Report will be out in the next newsletter. There is a public hearing on March 22, 1994, in Reading on the "Common Core of Learning" by the State Commission. Personnel and Appointments Solid Waste Advisory Committee - The applicant was not present. Mineral Street Bridge Task Force - On motion by Ensminger .seconded by Nigro the Board appointed Gerry MacDonald as the Fin- Com representative to the Ad Hoc Mineral Street Bridge Task Force, replacing Richard Coco in that position. The Town Manager noted that Mr. Coco would not be able to serve because of a con- flict in his schedule. The motion was approved by a vote of 5-0-0. Discussion/Action Items Discussion with Reading Rifle and Revolver re: Nike Site - The Board hosted a discussion by the Reading Rifle and Revolver Club who requested that the Town sell the remaining portions of the former Nike Base to the Reading Rifle and Revolver Club. Nancy Eaton spoke for the club as its president. She noted that it has been 3 1/2 years since the initial discussion took place. Read- ing Rifle and Revolver has 1000 members. Thirty three acres were taken from the club by the Federal Government in 1954 and the club was compensated at that time. The Town reacquired the Nike Base in 1966, and a portion was sold back to the club, a portion was transferred to Conservation, and the Town retained the remainder of it. The club is concerned about a buffer zone and that is why it wants the property. The club does not believe that safety on their property is a concern, but they are con- cerned that they would receive complaints. The club is eligible for Chapter 61B tax concessions, but the club has not chosen to use this program and pays its full share of taxes. She noted that if the additional land was acquired, it would not neces- sarily be used for club expansion. She suggested that the property could be used for a regional shooting range. A number of police departments in addition to Reading have been using the existing "police range" regularly, and having a regional police range would bring outside police departments into this area and would improve safety. There would be no change in the noise issues. The FBI has indicated that they are anxious to help design a first class range facility. She noted that the Reading Rifle and Revolver Club is not "pro-gun - it is pro-safety. " Their club is willing to discuss options with regard to purchase. An arrangement could be worked out not on just a straight pur- chase. A landswap could be done. It is difficult to discuss or negotiate this in a public forum. Needs that the club under- stands the Town has is for Public Works space, Recreation space and Conservation uses. Using the US Army Corp of Engineers filing for the back part of this site, in the opinion of Ms. Eaton the Town will be hard pressed to get one baseball field on the site. The club is open to discussion as to how to develop Board of Selectmen Meeting - March 8, 1994 - page 4 a recreation field elsewhere in the Town. Eaton feels that the club exercises sound management in the Conservation portions of their area. Ensminger asked if the club had been paid by the Federal Govern- ment for their land, and whether or not the club had been able to continue in operation after this purchase. Eaton responded that the Federal Government paid $25, 000, and that the club currently owns approximately 51 acres - more than they had prior to the ac- quisition by the Federal Government. Hines asked of the 1, 000 members, how many are from Reading. Eaton indicated that they don't keep that kind of data. She has no sense of how many are from Reading. When questioned whether or not the membership could be sorted by zip code, she was not sure. She asked if it had a bearing on the possible sale to the gun club, and Hines indicated that it might. Hines asked if all the good activities that Eaton had outlined that are done by the club have been negatively impacted by the loss of this property. Eaton indicated that the club acquired additional property, and their site is made up of seven properties all in Reading. In 1970, Town Meeting sold nine acres back to the club. of the 33 initial acres purchased by the Town, 9 went back to Reading Rifle and Revolver Club, 8 to Conserva- tion, and 17 remain. Eaton indicated she felt that a portion of the remaining property should be transferred to Conservation. Ensminger asked how viable the remainder of this site is for recreation uses. The Town Manager indicated that this needed to be evaluated. Eaton indicated that the club is interested in buffering their existing site and archery on that site would be a possible expanded use. Nigro further explored the use of the ac- quired land. Will they expand the range, change the configura- tion, or have this just as a safety zone for buffering. Eaton indicated that the police range had to be reconfigured some years ago to be compatible. That they would not increase the Reading Rifle and Revolver Club facilities. Our concern is that as long as this property is vacant, the Town will want to use it. Eaton noted that there hasn't been any youth activity on the parcel. It was questioned as to whether or not the Recreation Committee ever viewed the noise from the adjacent club as a concern for development of the site. It was noted that the Recreation Com- mittee was fully aware of the adjacent uses. Burditt noted that because of the Ice Rink, the police range will have to be moved. The Town is considering building a new police training range. Eaton indicated that the Reading Rifle and Revolver would build a new police training range, and that it may be used by club mem- bers also. They might charge other departments, but would not charge the Reading Police Department. They want to protect the buffer zone. Nigro asked about the utilization of the current Reading Rifle and Revolver Club facility. Eaton indicated that the club, with the additional property, could reconfigure or expand their operation. Hines asked if they could accomplish the Board of Selectmen Meeting - March 8, 1994 - page 5 same thing through changes in scheduling. They cannot recon- figure on the existing site. They have 51.89 acres now, which is more than they had in 1954 prior to the Federal Government ac- quisition. Hoyt noted that the Town has critical need for land for recrea- tional purposes. If this site is developed for recreational pur- poses it will not be further developed. George Hines suggested that Nancy Eaton submit a proposal in writing. Eaton noted that they couldn't submit a proposal unless she new what the Town wanted. Ensminger noted that in the private sector unsolicited proposals are often submitted. Hines noted that there is com- petition for competing municipal uses for all Town owned lands. Eaton asked to continue discussions with respect to what can and can't be done. She noted that if recreation land is a priority, then possibilities would include a straight purchase or land swap. Hines suggested that they submit a proposal responding to recreational needs, since that's the leading candidate for use of the property. Nigro noted that if the Reading Rifle and Revolver wants to propose what they would put on this site to accommodate the police and explore other lands for recreation purposes, he would encourage it. A dollar amount does not necessarily have to be included. Approval of Teachers Early Retirement Incentive - The Town Manager and Dennis Richards, Assistant Superintendent of Schools, presented the Early Retirement Incentive program. It has been recommended by the School Committee, it is cost neutral. On mo- tion by Nigro seconded by Ensminger the Board voted to accept the provisions of section 83 of Chapter 71 of the Acts of 1993 as amended, known as the Education Reform Act of 1993 , to provide for an early retirement incentive program for the members of the Massachusetts Teachers Retirement System employed by the Reading Public Schools, the said program to include a five year addi- tional credit for age, service, or a combination thereof and no limit on the number of eligible employees. Said vote is in ac- cordance with the recommendation of the Reading School Committee, and is based upon a commitment that all costs and benefits of this program will accrue to the School Department; and that the amortization will be on a five year basis rather than on the fif- teen year basis permitted by the State. The motion was approved by a vote of 5-0-0. Review of Donations Policy - The Donations policy was discussed with Deirdre Hanley and Lois Bond. Nigro indicated that exten- sive fundraising goes on and is essential for Town operations. The proposed policy would have the Town Manager as the gate keeper. This proposed policy helps staff members understand the guidelines. Sally Hoyt noted problems with professional fund raisers, and Ensminger indicated that we should prohibit the use of professional fund raisers as part of the policy. This will be scheduled for future action by the Board. The Town Manager will also develop a newsletter article on professional fundraisers. Board of. Selectmen Meeting - March 8, 1994 - page 6 Approval of Amendment to Lease - Reading Ice Arena Authority - - Town Counsel H Theodore Cohen was present. He reviewed the changes to the Nike Base lease - one attaching a new sketch, and one providing for lessor consent for drainage. On motion by Bur- ditt seconded by Hoyt the Board voted to approve an amendment to lease of a portion of the Haverhill Street Nike Base to the Read- ing Ice Arena Authority, pursuant to paragraph one of the lease, by substituting for attachment A a new property description con- sisting of a map entitled "Sketch plan of land in Reading Mas- sachusetts showing lease area" by Hayes Engineering dated February 22, 1994. The motion was approved by a vote of 5-0-0. Approval of Consent for Drainage Reading Ice Arena Authority - on motion by Ensminger seconded by Nigro the Board voted to ap- prove the document entitled Lessors Consent to be signed by the Board of Selectmen and the Reading Ice Arena Authority pursuant to paragraph 22 , of the lease between the two parties, which provides for drainage from the leased property at the Reading Ice Arena Authority to the remaining lands of the Town of Reading. The motion was approved by a vote of 5-0-0. Town Counsel - Town Counsel H Theodore Cohen reviewed his change in status and indicated that this was an amicable separation from Tyler and Reynolds and he is looking forward to working with his new firm. He felt that services to the Town would improve, and he would meet all of the current obligations. FY95 Budget Update - The Town Manager gave the Board of Selectmen an update on the budget proposal. On motion by Ensminger seconded Hoyt the Board approved the outline of an agreement reached by the Budget Committee which allocates funding between the School Department and Town Departments, subject to recommen- dation by the Finance Committee and approval by Town Meeting. The motion was approved by a vote of 3-0-2 with Nigro and Burditt abstaining. Licenses Auctioneer's License - On motion by Burditt seconded by Hoyt the Board approved the issuance of an Auctioneer's license to William Carvalho for an auction of sports collectibles on April 24, 1994 at the Reading VFW on Main Street in Reading, subject to submis- sion prior to that date of a valid state auctioneers license. The motion was approved by a vote of 5-0-0. Common Victualler's License - On motion by Ensminger seconded by Burditt the Board of Selectmen granted a Common Victuallers License to Raymond W. Thomas to operate "Ray's Place" as a 40 seat restaurant at 1349 Main Street, subject to submission of a letter from the business owner of Pleasant Market that he has their approval to operate 'the restaurant in that location, and subject to compliance with all the other laws and regulations of - the Town of Reading. The license will expire 12/31/94. The mo- tion was approved by a vote of 5-0-0. Board of Selectmen Meeting - March 8, 1994 - page 7 On motion by Burditt seconded by Hoyt the Board voted to go into Executive Session for the purpose of discussion of litigation and labor negotiations, and approval of minutes, not to come back into open session. All five members present voted in the affirm- ative and the motion was carried. Respectfully submitted, /Secretry