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HomeMy WebLinkAbout2012-10-16 Board of Selectmen Minutes Board of Selectmen Meeting October 16, 2012 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 6:30 PM in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Town Manager Peter Hechenbleikner, Town Counsel Gary Bracket, Office Manager Paula Schena, and the following list of interested parties: Police Chief James Cormier, Sgt. Detective Mark Segalla, Police Officer Eric Holmes, Robert Carp, Michael Palmer, Peter Donovan, Brett Barclift, Dick Kobayashi, and Human Resources Administrator Carol Roberts. Absent were Selectmen John Arena and James Bonazoli. A motion by Tafova seconded by Schubert to go into Executive Session to consider the purchase, exchange, lease or value of real property, and that the chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and to reconvene in Open Session at approximately 7:00 PM was approved on a roll call vote with all three members voting in the affirmative. Discussion/Action Items Hearing — Liquor License Infraction — The Wine Shop — The Secretary read the hearing notice and Town Counsel swore in the Police Officers and Mr. Carp. Police Chief James Cormier noted that compliance checks resulted in three violations. Sgt. Detective Mark Segalla passed out the guidelines for compliance checks with a signed copy from the underage operative. He requested that the guidelines be included in the record and a copy is available in the Town Manager's office. He noted that the operative was instructed to purchase a six pack of Bud Light. She was given $80 and at 6:30 PM she went into the Wine Shop and purchased a six pack of Bud Light. The clerk had started a conversation with her indicating he learned how to print a receipt. Mr. Carp, the owner of the Wine Shop, noted that the employee didn't recognize the underage operative. He apologized and noted that he has been ill and is selling the Wine 'Shop. Mr. Carp noted that the next two months are the best part of the season and asked if the Board would make the suspension after the first of the year. He noted that the Police Department had previously helped him with a shop lifter and he really appreciated that. Town Counsel asked Mr. Carp to sign the stipulation of facts. Stephen Goldy noted that this is his second offense. Richard Schubert noted there is a list of previous offenses and the number of days suspension for each in tonight's handout. Mr. Schubert indicated he would make a motion Board of Selectmen Minutes—October 16, 2012 —page 2 for five days suspension. Mr. Carp indicated five days is onerous and he would have to layoff one or two employees and that would be very painful. Stephen Goldy noted he would be amendable to four days for the employee's sake. Richard Schubert noted that the Board needs to determine what kind of message it wants to send and the Board needs to maximize the possibility of it not happening again. Ben Tafoya noted that he didn't know what more the Town could do to notify establishments that we are doing compliance checks. He noted that the Board spent a lot of time updating the policies. He also noted that the Board does not make decisions on how much they like people. The Town Manager noted that the Selectmen had all of the liquor licensees in last year to talk about what was expected. The Town Manager asked Mr. Carp if the Wine Shop was up for sale and Mr. Carp indicated it was but he has not received any offers. Town Counsel noted that the suspension runs with the license so if the shop is sold before the suspension takes place, then the Board needs to make that clear. Ben Tafoya asked if the suspensions can be done sooner and Town Counsel indicated that Mr. Carp would have to waive an appeal to the ABCC. Mr. Carp indicated that he is an attorney and not willing to waive his rights. He acknowledges the circumstance and does not plan on appealing. Richard Schubert noted that it doesn't have to be five days in a row. Ben Tafoya noted that simpler is better and he suggests doing all in a row. Mr. Carp noted that five days is significant whether it's now or later. He requested that the Board consider two days now and three days later. Town Counsel asked if the Board granted his request would he waive his rights to an appeal and Mr. Carp indicated he would. A motion by Schubert seconded by Tafoya that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Retail Package Goods Store License to Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the Premises for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street, 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 3-0-0. A motion by Tafoya seconded by Schubert that the Board of Selectmen find Reading Fine Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street, 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 26, 2012 was approved by a vote of 3-0-0. Board of Selectmen Minutes—October 16, 2012 —page 3 A motion by Schubert seconded by Goldy that Reading Fine Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street be penalized with a five 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 26, 2012 was approved by a vote of 3-0-0. A motion by Schubert seconded by Tafoya that the five day suspension for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street take place on October 22, 23 and 24, 2012 and January 7 and 8, 2013; that the license be surrendered to the office of the Town Manager not later than 9 AM the first day of each suspension, to be returned to the licensee by 9 AM the day following each suspension; and that a placard be placed on the premises 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", and that Reading Fine Wines LLC reimburse the Town of Reading for Constable and advertising fees and this decision, including the designation of the dates of suspension, was rendered on the basis of Robert Carp's waiver of appeal and was approved by a vote of 3-0-0. Hearing— Liquor License Infraction—The Wine Bunker—The Secretary read the hearing notice. Town Counsel swore in the Police Officers and the owners of the Wine Bunker. The Town Manager indicated this is an unusual situation because at the time the violation took place, Mr. Donovan was the licensee and Mr. Barcliff is now the new licensee. Sgt. Detective Mark Segalla incorporated the procedure and guidelines into the record. He noted that the operative went into the Wine Bunker at 6:12 PM and purchased one bottle of white wine. Mr. Donovan noted that this is his first offense and whatever the Board decides is fine. He would like to get it over with on Sunday, Monday and Tuesday. Richard Schubert asked if there is typically only one person working and Mr. Barclift noted that when they are busy there are two employees, but only one when it is slow. He is enforcing ID's and increasing the number of "we ID" signs. Stephen Goldy asked what type of training the employees had and Mr. Donovan indicated they all went through the Town training. Town Counsel had Mr. Donovan and Mr. Barclift sign the stipulations. Mr. Donovan indicated the motion should read CW1 Limited d/b/a The Wine Bunker. Town Counsel asked if the Board granted their request would they waive their right to an appeal and Mr. Barclift indicated he would. Board of Selectmen Minutes—October 16, 2012—page 4 A motion by Schubert seconded by Tafoya that the Board of Selectmen close the hearing on the possible modification, suspension or revocation of the Retail Package Goods Store License to Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the Premises for Peter I Donovan d/b/a The Wine Bunker, 1 General Way, 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 3-0-0. A motion by Schubert seconded by Tafoya that the Board of Selectmen find Peter I Donovan d/b/a The Wine Bunker, 1 General Way, 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 26, 2012 was approved by a vote of 3-0-0. A motion by Schubert seconded by Tafoya that CW1 LTD currently d/b/a The Wine Bunker and formerly Peter I Donovan d/b/a The Wine Bunker, 1 General Way 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 26,2012 was approved by a vote of 3-0-0. A motion by Schubert seconded by Tafoya that the three day suspension for CW1 LTD d/b/a The Wine Bunker, 1 General Way take place on October 21, 22 and 23, 2012; that the license be surrendered to the Officer in Charge at the Reading Police Department 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 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", and that CW1 LTD reimburse the Town of Reading for Constable and advertising fees and this decision, including the designation of the dates of suspension, was rendered on the basis of Brett Barclift's waiver of appeal and was approved by a vote of 3-0-0. Hearing — Liquor License Infraction — Sam's Bistro — The Secretary read the hearing notice. Town Counsel swore in the Police Officers and owner of Sam's Bistro. Sgt. Detective Mark Segalla incorporated the procedure and guidelines into the record. He noted that Denise Furlong sold to the underage operative. Mike Palmer, owner of Sam's Bistro, noted that the Manager called him the night it happened. He noted they have strict practices, i.e. early last call, no drinks if the customer is not eating. He has owned and operated five restaurants and never had an issue. The employee who sold to the underage operative is in "limbo." He is not sure what he will do with her. He is requesting a warning because he has a lot of private events going on. Town Counsel asked if he is disputing any of the facts and Mr. Palmer indicated he is not and signed the stipulations. He noted that he recently took on a new payroll company and they are designing an employee handbook. Board of Selectmen Minutes—October 16, 2012 —page 5 Richard Schubert noted that the Board tried to communicate importance last year when we had five violations and they all received a three day suspension. Town Counsel asked Mr. Palmer if he waived his right to an appeal and he indicated he did. He noted he will stay open,just not serve alcohol. A motion by Schubert 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 Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street, 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 3-0-0. A motion by Tafova seconded by Schubert that the Board of Selectmen find Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street, 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 26, 2012 was approved by a vote of 3-0-0. A motion by Schubert seconded by Tafova that Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street 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 26, 2012 was approved by a vote of 3-0-0. A motion by Schubert seconded by Tafova that the three day suspension for Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street take place on October 22, 23 and 24, 2012; 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 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", and that Bistro Concepts, Inc. reimburse the Town of Reading for Constable and advertising fees and this decision, including the designation of the dates of suspension, was rendered on the basis of Michael Palmer's waiver of appeal and was approved by a vote of 3-0-0. Town Manager Search Process — Human Resource Administrator Carol Roberts and Dick Kobayashi from the Collins Center were present. Carol Roberts noted that Town Counsel Gary Brackett is reviewing the contract. Mr. Kobayashi noted that he has been with the Collins Center almost since its inception. Prior to that he was a senior person in a national firm called Bennett Associates. He works with a colleague at the Collins Center and he has done approximately 25 searches since 2008. He is here to help guide the process. The Screening Committee decides who the Selectmen will interview—unranked. Board of Selectmen Minutes—October 16 2012—page 6 Profile - For the profile he will interview each Selectman and then meet with Department Heads, one on one. If land is a big issue it would be helpful to talk to CPDC or the ZBA. The Board may want to include-town meeting members and/or the Town Moderator. The Selectmen could also have an "open mike" for public comments and relay any comments to him. He noted that sometimes it helps to talk to Town Counsel also. Two weeks after the interviews he will have the draft profile for the Board of Selectmen to vote on. Ben Tafoya suggested doing public input on the draft profile. It was decided that the following people would be interviewed for input on the profile: all of the Selectmen, all of the Department Heads, the Superintendent of Schools, the Chairman of the Finance Committee,Town Moderator, and Town Counsel. Screening, Committee — Mr. Kobayashi noted that there is a need to provide for confidential interviews so there should be no full boards. It is okay to have two Selectmen. He noted that he will check references and will give the Screening Committee all of the qualified applicants. After much discussion it was decided that the Screening Committee would consist of two Selectmen, the Superintendent of Schools, a representative from the Finance Committee, two members of the public at large, and one Department Head. Ben Tafoya suggested soliciting Boards, Committees and Commissions members. He also noted that it would be nice if one member of the public is a human resource specialist. Mr. Kobayashi indicated he will take a look at the policy and give comments on it. Ben Tafoya asked how many candidates the Board of Selectmen will interview and Mr. Kobayashi indicated usually three to five but there is no quota. Mr. Kobayashi indicated he would like to advertise from Thanksgiving to Christmas and have applicants come in to. be interviewed by mid-January. Approval of Minutes A motion by Tafoya seconded by Schubert to approve the minutes of September 25, 2012 as amended was approved by a vote of 3-0-0. A motion by Tafoya seconded by Schubert to approve the minutes of October 2,2012 was approved by a vote of 3-0-0. A motion by Tafoya seconded by Schubert to adiourn the meeting at 9:20 PM was approved by a vote of 3-0-0. Respectfully submitted M -"v Secretary