Loading...
HomeMy WebLinkAbout1999-12-21 Board of Selectmen Minutes Board of Selectmen Meeting December 21, 1999 The meeting convened at 7:10 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Attorney Samuel Perkins, and the following list of interested parties: Nancy Eaton, Kim Honetschlager, David Brigham, Lois Bond. On motion by Hines seconded by Cummings, the Board of Selectmen voted to go into Executive Session for the purpose of discussion of litigation, the sale of real estate and approval of minutes to come back into Open Session at 8:30 p.m. The motion was approved by a vote of 5-0-0. Open session convened at 8:50 p.m. The Town Manager stated that Corporex asked for an extension on October 1511' Town Counsel Ted Cohen went over Corporex's letter and detailed the company had submitted an alternative proposal which would involve amending the lease. The Board of Selectmen have voted to reject the alternative proposal. Selectman George Hines stated that the vote taken was not a formal vote. Town Counsel stated what was presented by the company is a concept -- not a formal lease amendment. Chairman Sally Hoyt stated that Board of Selectmen members can vote on accepting the provisions of the alternative proposal. Selectman Matthew Cummings stated he understands the alternative proposal and comments. Vice Chairman Matthew Nestor made a motion that the Town Manager send a letter to Corporex rejecting their proposal of December 13th, and a letter be sent to Lincoln Properties requesting they respond to the Town on further interest in the project no later than January 3, 2000. Selectman Camille Anthony seconded the motion. Selectman Matthew Cummings asked about the lease agreement and the relationship with Corporex — how long can this go back and forth? Town Counsel stated either party can terminate the agreement if the permits required by the lease agreement are not in place by March 31, 2000. The motion carried by a vote of 5-0-0. Selectman George Hines stated he would like to resign from being a liaison to the Reading Business Park project feeling it was better to turn over the duties to another Board member to gain a fresh perspective. Selectman Matthew Cummings volunteered to be the Board's liaison to the Reading Business Park. Board of Selectmen Meeting—December 21, 1999—Page 3 Personnel &Appointments MAPC Representative — The Town is looking for a representative to serve on the Metropolitan Area Planning Council, Bili Crowley cannot continue due to time constraints. Selectman George Hines stated he served as the MAPC representative in the past and it was a good experience. The North Suburban Planning Council is sub-regional group of MAPC. RIAA Representative — Selectman George Hines is interested in the position as the Selectmen's representative to the Reading Ice Arena Authority. He has informally served as the Board's representative and would like to continue. The Town Manager referenced a Charter requirement that says posting has to be done for all multiple member body vacancies. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to establish a three year term for the Selectmen's representative on the Reading Ice Arena Association with a term expiring June 30, 2002, and post the position for applicants to be appointed in accordance with the Charter. The motion was approved by a vote of 4-0-1. Discussion/Action Items Designation of Recipient of BSA Award - The Board of Selectmen placed the following - names into nomination as Reading's recipient of the Boy Scout of America Minuteman Council "Salute to Service" Award: Eugene Nigro, Alan Foulds, Virginia Adams, Richard Howard, Michael Flammia, Jim Biller, Gail Philip Spence, Mollie Ziegler, Nelson Burbank,Russell Graham, Chuck Wayne. On motion by Hines seconded by Anthony, the Board of Selectmen voted to designate Richard Howard to be the recipient of the BSA Award. The motion was approved by a vote of 5-0-0. Board of Selectmen Goals — Selectman George Hines would like to work on goal setting on a separate evening when the Board could focus on goals. Supplemental Budget Priorities — There was discussion regarding the supplemental decisions submitted as a part of the municipal budget — Board members were asked by the Town Manager to submit their prioritization if they have not already, and the results would be compiled for a future meeting. Follow Up on Selectmen's Issues — The Town Manager suggested having a place at the bottom of minutes pages that would reference items requiring follow-up. By the end of January, a system will be in place that would generate a monthly report. Selectman Camille Anthony would like to carry over boxes from agenda to agenda so F items are not forgotten. Board of Selectmen Meetinia—December 21, 1999—Page 5 Vice Chairman Matthew Nestor stated it was irresponsible to say yes to the budget request for additional staff. It could be funded with an override. He doesn't see how it could be created in the regular budget given our current financial situation. The Town Manager stated we have been running the Senior Center for ten years without an issue. We will look at every possibility. The staff and Council on Aging will also look at it. Vice Chairman Matthew Nestor was not sure band aids will guarantee coverage. Lack of part-time trained professional curtails further program development. Water Supply Study— Selectman Camille Anthony had a question about the Woodard & Curran tank siting study, and whether they would be addressing the issue using the assumptions that came out of the Water Supply Ad Hoc Committee recommendation. Evaluation of Legal Services — The Town Manager suggested delaying the process until the landfill issues are resolved and to put it off for a year. He also stated that Town Counsel is paid on a lump sum retainer so the amount of hours spent on legal services are not related to the fee for legal services. When we went out to bid last time, no other law firm wanted to do a lump sum retainer except for the Town Counsel's firm. Vice Chairman Matthew Nestor believes the firm would be looking for more money. Selectman Matthew Cummings stated he thought the process was good and wants to - move forward with an RFP. The Town Manager stated that he would put the appointment of the Legal Services Evaluation Committee on a future agenda, and that he was still waiting for Moderator Alan Foulds to forward him a name of a Town Meeting member for appointment. On motion by Cummings seconded by Nestor, the Board of Selectmen voted to adjourn their meeting of December 21, 1999 at 10:05 p.m. by a vote of 5-0-0. Respectfully submitted, Secretary Board of Selectmen Meeting Executive Session December 21, 1999 The meeting convened at 7:10 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Attorney Samuel Perkins. Sprint Attorney Samuel Perkins noted there was a provision in the lease agreement that would allow an escalation on rent over time. The Town Manager stated we could accept the rate of $2500 per month, have Sprint's agreement escalate when the first of the other licenses escalated, and also synchronize the licenses with the AT&T license for expiration and renewal. Attorney Perkins went over the clause regarding curing an emissions level over what is agreed to in the license—Sprint has requested a 60 day period to cure. They would begin curing within 10 days, and have 60 days to completely cure or the license could be terminated. Attorney Perkins also stated there was nothing to stop the Town from going into court and enforcing emissions limits and terminating the license. Selectman Matthew Cummings asked how would we know that the emissions levels had been exceeded. The Town Manager stated that periodic testing requirements are contained in the license. Attorney Perkins stated the neighborhood could also sue Sprint it they alleged violations of the emissions levels. Selectman George Hines stated that the Department of Public Health will come out as well and do emissions testing if there is felt to be a problem. Attorney Perkins stated it was not easy to define why 10 days is necessary to commence curing and problems, with 60 days to fully cure. The Town Manager stated that in the license Sprint is being held to a higher standard when it comes to testing. Selectman Matthew Cummings asked what the testing requirements were in the other licenses. The Town Manager indicated the other licenses do not contain testing provisions -- this is a new provision and this is the most detailed license to date. Attorney Perkins was concerned about 60 day reasonableness. He stated it was a doomsday provision for Sprint and they will not want the license terminated. He stated it was tough to figure out how a 60 day proviso is unreasonable. Board of Selectmen Meeting—Executive Session—December 21 1999—Page 3 as an option. Selectman Matthew Cummings asked if they have prepared firm figures. Selectman George Hines stated they have presented an alternative proposal which is based on firm figures that have not been shared with the Town. The Town Manager stated Corporex wants to use the Town's ability to sell debt at a lower interest rate and stated TIF agreements are common. Selectman George Hines stated we are not alone in dealing with this type of issue, and stated that he recommended going to the next bidder. Town Counsel Ted Cohen commented on a question about breach of contract. Vice Chairman Matthew Nestor stated there is no breach of contract. No anticipated breach. Corporex has changed financial elements of the deal. Vice Chairman Matthew Nestor asked if there was a vote to terminate. Town Counsel Ted Cohen suggested voting to reject the proposal and doing so in open session. Selectman Matthew Cummings stated that the people want it over and done with. Selectman George Hines stated we should pursue proposals 2 and 3 (Lincoln Properties and Dickinson Development). Vice Chairman Matthew Nestor stated that if we know we are going to reject Corporex's latest proposal, we should just vote to reject it. Town Counsel Ted Cohen suggested that the Town send a letter saying we reject Corporex's latest proposal, and tell them that the lease is in full force and effect. Selectman Matthew Cummings stated we should accept letter of termination from October. Vice Chairman Matthew Nestor moved that Board of Selectmen send letter to Corporex rejecting their latest proposal -- with the Town's position being that the lease is still in full force and effect. A letter should be sent to Lincoln Properties to contact the Town no later than January 3, 2000. Selectman Matthew Cummings asked Town Counsel what are we obligated to do in Open Session at this point. Town Counsel responded he thinks that the vote should be in Open Session. Vice Chairman Matthew Nestor wants to vote in Open Session. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to adjourn their Executive Session meeting of December 21, 1999 at 8:45 p.m. The motion was approved by a roll call vote of 5-0-0. Respectfully submitted, Secretary