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HomeMy WebLinkAbout2011-09-20 Board of Selectmen Minutes Board of Selectmen Meeting September 20,2011 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Stephen Goldy, Secretary Ben Tafoya, Selectmen James Bonazoli and Richard Schubert (arrived at 9:00 p.m.), Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Community Services Director/Town Planner Jean Delios, Police Chief James Cormier, Fire Chief Greg Burns, Detective Segalla, Officer Mike Saunders, Office Manager Paula Schena and the following list of interested parties: Attorney Chris Latham, Jim Boland. Reports and Comments Selectmen's Liaison Reports and Comments — Stephen Goldy thanked everyone for the Fall Street Faire. He also noted that he has a Trust Fund Commissioner meeting this Thursday. Ben Tafoya thanked everyone for their participation in the Fall Street Faire including Sheila Clarke, Rosemary Murphy, Tina Ohlson, Officer Martel, and James Bonazoli for the commemorative events, Leslie Leahy, Ben Yoder, Meaghan Young and Karl Weld. James Bonazoli thanked everyone for the Fall Street Faire and noted that the 9-11 event was very moving. IIe noted that the ad hoc Committee on Amplified Sound met and will be meeting at 7:00 AM every other Tuesday. He also noted that there is a community event regarding substance abuse tomorrow night. Camille Anthony noted that she has two letters to endorse for the MPO. She attended a Council on Aging meeting and they want to see the study that was done years ago. She also attended a VA meeting regarding bringing the Bedford VA Hospital into the organization — they are not closing the hospital, they are just looking at joining administrative services. Richard Schubert noted that he had concerns regarding a letter from the Board of Assessors regarding accessing Town owned property. He also was informed that the Reading Housing Authority might have an interested in some of the Town owned property that we are looking to dispose of. Public Comment — Fire Chief Greg Burns noted that Boston is seeking to prohibit hazardous material from "cutting through" the city. In 1980 an ordinance was passed to allow for permits to transport .hazardous material through the city. Hazardous material was prohibited from tunnels so the trucks are now using city streets that are very dense and putting a lot of people at risk. Chief Burns noted that the majority of the trucks are gasoline trucks going from Revere to Quincy. The route they will have to take is up Route 93 to the'128 interchange in Reading and then go around Boston to Quincy. There could be as many as 300 trucks per day. His concern is that the 128 interchange has a high rate of accidents and we do not have the foam to put out that Board of Selectmen Meeting— September 20, 2011 —page 2 type of fire. Chief Burns suggests going on record expressing concerns regarding additional traffic in the interchange and we don't want our streets to be a cut-through for trucks during high traffic hours. The consensus of the Board was to go on record opposed to Boston's proposal. Town Manager„ Report—The Town Manager gave the following report: Administrative matters o City of Boston proposed hazardous materials truck routing—Chief Burns gave report. ♦ Chamber of Commerce "Buy Local”program-end of September, December. ♦ Community dialogue on Substance Abuse and Violence—9-21-11 at RMHS Field House ♦ Main/South Street community meeting — regarding MWRA project and Reading Woods project—9-26-11 at Coolidge Middle School—7:00 to 9:00 PM ♦ Reading Fall Street Faire was a success. ♦ RFP for lease of Burbank Arena will be available on 9/29/11 Community Services Conservation Commission review of bylaw and regulations will be at the next Board of Selectmen meeting. Public Safety ♦ Mayor Scott Galvin from Woburn expressed his appreciation to Chief Cormier for his assistance at the xecent shooting of a Police Officer during the robbery at a Woburn Jewelry store. ♦ RCA -Reading Community Alerts— Sign up for"opt in" feature Public Works o MWRA water interconnection with Stoneham e MWRA water redundancy project—under design ♦ Wilson Street follow up — a message was left with the gas company to see if we delayed paving Wilson Street if they would fix the pipes. Curbing and sidewalks are too much money and the drainage is okay. Ben Tafoya noted it would be nice if the state would loan the gas company money to replace the pipes. ♦ Household Hazardous Waste Collection is 9/24/11 in Wakefield. ♦ Fall leaf collection - 10/31-11/4, 11/14-11/18, 11/28-12/2. ♦ Sewer I/1 smoke testing and dye testing to be conducted starting Monday, 9-26-11 Construction projects Causeway Road preparatory work is done. Roadway Overlay: Beaver Road and Dana in progress will be completed today. Red Gate and Old Farm tomorrow; Sanborn Street by end of the week if weather cooperates. ♦ Micro-Seal —portions of. Washington Street, Hopkins Street, Charles Street. Memorial Park: We are getting bids to repair\rebuild loose masonry in the stream channel ♦ Haverhill Street Water Main: is under construction Board of Selectmen Meeting—September 20, 2011 —page 3 Bob LeLacheur noted that the October Financial Forum will be on the use of free cash. Personnel and Appointments Ad Hoc Committee on Amplified Sound in Parks — James Bonazoli noted that Lori Weir is a longtime resident and John Halsey is active in the sports program. A motion by Bonazoli seconded by Goldy that the Board of Selectmen accept the report of the Volunteer Appointment Subcommittee and confirm the following appointments to the following Boards, Committees and Commissions: ♦ Lori Weir and John Halsey to positions on the ad hoc Committee on Amplified Sound in the Parks for a term expiring December 31, 2011; the motion was approved by a vote of 4-0-0. Cities for Climate Protection Committee — James Bonazoli noted that Laurie Sylvia is an employee of the RMLD and will be serving as their representative on this committee. A motion by Bonazoli seconded by Goldy that the Board of Selectmen accept the report of the Volunteer Appointment Subcommittee and confirm the following appointments to the following Boards, Committees and Commissions: ♦ Laurie A. Sylvia to one Associate position on the Cities for Climate Protection Program Committee with a term expiring June 30, 2012; the motion was approved by a vote of 4-0-0. Discussion/Action Items Hearing — Sale of Alcohol to a Minor — Fuddruckers — The Secretary read the hearing notice. Police Chief James Cormier noted that this was a result of a recent compliance check. Detective Segalla noted that the Detectives conducted compliance checks on September 8th and 9th. Detective Segalla reviewed the process that was followed. He noted that on September,91h the underage operative went into Fuddruckers and ordered a Bud Light, but they didn't have any so he ordered a Coors Light. He paid for it and sat at a table and another waitress delivered the beer. Attorney Chris Latham indicated he was representing Jim Boland, owner of Fuddruckers. He noted this was their first violation ever and they take responsibility for the error. He noted he has a double check policy in place — one by the cashier and one by the waiter. The cashier put'in a ~ false date of birth and that cashier has since been fired. The server was also fired. All employees have received warnings and there will be onsite training. They have a $25 bounty system to prevent this from happening again. They are requesting leniency for their first offense. They indicated if the license is suspended for three days that it be Monday, Tuesday and Wednesday and that the restaurant be allowed to operate without alcohol and that the sign be displayed in the leasehold. Board of Selectmen Meeting—September 20, 2011 —page 4 Jim Boland indicated he was sorry and very disappointed. He noted he has teenage children himself. The systems he had in place did not world but he is taking corrective measures. Camille Anthony asked if the cashier and server had TIPS training and Mr. Boland indicated they had not had training yet,they were new employees. The Town Manager advised the Selectmen and indicated they should leave time for the appeals period, and Attorney Chris Latham indicated they will waive the appeal. James Bonazoli recommended to the Board that all licensees come before the Board this year at renewal time. The Town Manager indicated he will schedule the licensees to come in on November 8 and do the approvals on November 22. A motion by Goldy seconded by Tafova that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages To be Drunk on the Premises for the Boland Group III d/b/a Fuddruckers, 50 Walkers Brook Drive, for violating. GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age,was approved by a vote of 4-0-0. A motion by Goldy seconded by Bonazoli that the Board of Selectmen find the Boland Group III d/b/a Fuddruckers, 50 Walkers Brook Drive, in violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on September 9,2011,. was approved by a vote of 4-0-0. A motion by Goldy seconded by Tafova that the Boland Group III d/b/a Fuddruckers, 50 Walkers Brook Drive be penalized with a three day suspension for violation of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age on September 9,2011,was approved by a vote of 4-0-0. A motion by Goldy seconded by Tafova that the three day suspension for the Boland Group III d/b/a Fuddruckers, 50 Walkers Brook Drive take place on September 26 through September 28, 2011; that the license be surrendered to the office of the Town Manager.not later than 9 am.the first day of the suspension, to be returned to the licensee by 9 am the day following the suspension; and that a placard be placed on the premises within the leasehold during the period of suspension indicating the business is "unable to sell liquor due to a suspension of the liquor license for sale of liquor to an underage person," was approved by a vote of 4-0-0. Hearing — Amendments to Table of Organization — The Secretary read the hearing notice. The Town Manager noted that the table was adopted in 2002 and a lot has changed. The changes include adding the West Street Historic District in Community Services and also added the Department Head. The Town Clerk is moved to Finance and storm water is added to DPW. After the hearing this will go to Town Meeting for approval or disapproval. Board of Selectmen Meeting—September 20, 2011 —page 5 A motion by Tafoya seconded by Goldy that the Board of Selectmen close the hearing on Amendments to the Table of Organization,was approved by a vote of 4-0-0. A motion by Tafoya seconded by Bonazoli that the Board of Selectmen approve the amendments to the Table of Organization for the Executive Branch of Reading Town government,was approved by a vote of 4-0-0. Review Industrial Area—Ash Street—Town Planner Jean Delios indicated she wanted to discuss a redevelopment district in the area of New Crossing Road. She noted that the property at the end of Pond Meadow Drive is a new cutlery business. She did an inventory of existing businesses in the area. The area is 36 acres and could create 400 jobs. There are medical facilities in that area and she suggests trying to bring in more. The Town Manager noted that the Town can assist by taking action. He noted that storage of vans and trucks is not a permitted use. He suggests looking at reconfiguration of the area. There are dirt roads and poor property maintenance—nobody is taking responsibility for the area. r- Ben Tafoya asked if the trucking company is parked where they're supposed to be and asked if we can enforce removal of the rusty old trailers. The Town Manager indicated he will proceed with enforcement. Ben Tafoya indicated he would like to see a list of violations and proposed actions. James Bonazoli noted that most of the area is vacant land. He suggested moving the DPW Garage there and selling the land it is on now because it is very valuable. Jean Delios also noted that she is looking at whether we have any shared rights with MBTA rights of access. Review Community Services Regional Initiatives — Jean Delios noted that her memo of September 13, 2011 has a synopsis of the two FTE impact in cuts. She noted that a lot of progress has been made on streamlining and the plan is working fine. She noted that Richard Cardillo is a former Town Manager, the Conservation Administrator works for another town and the Health Administrator is retired from another town. She did note, however, that the Building Inspector has taken a hit. She comes in early to help the Building Inspector at 7:00 AM and she helps at the counter on Tuesday nights. She hired a substitute Building Inspector to do some site work on Wednesdays so the Building Inspector could work on permits. Ms. Delios noted that the site plan review was approved at Town Meeting and the demo delay bylaw was approved by the Attorney General. James Bonazoli remarked on the survey results and noted that there are many people who suggest doing away with the water regulation because the state regulations address most, if not all, of what we are doing. Board of Selectmen Meeting—September 20, 2011 —page 6 Ben Tafoya noted that there is a lot of construction going on in Town and asked if we can stay on top of it. The Town Manager noted that we subbed out the Pulte project for review and we could hire a second inspector if need be. James- Bonazoli indicated he would like the Board to see a demonstration of the permitting software when we,start using it. Review Amendments to the Capital improvement Plan— The Town Manager,noted that we are looking at having one time revenues and it should be spent on one time expenditures. There will be a one time revenue from Smart Growth monies and one time revenue from State Aid. He estimates the amount to be approximately$1.7 million. Proposed expenditures of funds includes: putting $50,000 back in the affordable housing trust fund; the school departments needs a capacity study done at.a cost of $50,000; we could do pedestrian improvements; or road improvements. He noted that neighborhood roads are getting left behind and suggested three different neighborhoods that could be done. James Bonazoli indicated he would like $50,000 per year for pedestrian improvements. Bob LeLacheur noted that the Board should be aware that so much money was spent on the Killarn School Green Repair project that it may need to become ADA compliant. It would cost a maximum of$4.1 million to redo Killam. Discussion of Keeno to Go for the Wine Shop — The Town Manager noted we received a letter from the Lottery Commission regarding the Wine Shop wants to have Keeno to Go. Page 38 of the handout has a list of establishments in Reading who already have it. There will be no online computers in the stores or use of wireless devices. He suggests not objecting. A motion by Tafoya seconded by Goldy to adjourn the meeting at 9:45 PM was approved by a vote of 5-0-0. Respectfully submitted,