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HomeMy WebLinkAbout2013-02-26 Board of Selectmen Minutes Board of Selectmen Meeting February 26, 2013 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 7:07 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena, Police Chief James Cormier, Sgt. Detective Mark Segalla and the following list of interested parties: Kevin Brown, Gary Catalfamo, Bill Brown, Frederick Van Magness, Stephen Crook, Dick Curtis, Ruth Urell, Naomi Kalman, Karen German, Adele and Ralph Blunt, and Manuel German. Reports and Comments Selectmen's Liaison Reports and Comments — James Bonazoli congratulated Youth Liaison Eric Johnson on doing five strokes in the Polar Plunge. He noted that he owes him $140 for his achievement. Ben Tafoya noted he would go half and contribute $70. Personnel and Appointments Conservation Commission and Council on Aging — Richard Schubert noted that he and Ben Tafoya conducted interviews of the applicants. A motion by Bonazoli seconded by Schubert that the Board of Selectmen confirm the Volunteer Appointment Subcommittee's recommendations to the Board of Selectmen for the appointment of the following members to Boards, Committees and Commissions: ♦ Christine Hansen to the Council on Aging with a term expiring June 30, 2015; ♦ Kevin Scott to the Conservation Commission with a term expiring June 30,2015 The motion was approved by a vote of 4-0-0. Discussion/Action Items Hearing — Liquor License Transfer from Northside Liquors 150 Main Street to Jay and Ricky Inc. 212 Main Street— The Secretary read the hearing notice. The Town Manager noted this will be a new location for the store. The plan is to split JK Market in half by putting up a wall. The only staff comments are that there are nonconforming signs on the site. Attorney Howard Rock presented the green cards to the Town Manager and noted that two locations did not return the receipt so he and Mr. Patel went out to contact those two. He noted that the agreement is for a 12,000 square foot package store. Mr. Patel is a Board of Selectmen Minutes—February 26, 2013 —page 2 resident of Reading and business owner for over 18 years. The strip mall owner is JK Realty Trust and Mr. Patel has control. There were no complaints about his store. Richard Schubert noted that it appears to be only one entrance and no second means of egress for deliveries. He's also concerned that a doorway could be installed leading into the market. Attorney Rock noted if the Selectmen find it desirable his client could install a second egress. Richard Schubert asked how the corporation will be run and it was noted that the wife will run the market and Mr. Patel will run the liquor store. They have both had TIPS training and purchased a machine to check ID's. Fred Van Magness indicated he thought all structures had to have a second means of egress and the Town Manager noted that the Building Inspector will determine if it is needed. Ben Tafoya asked about the status of the abutters and the Town Manager indicated they were all notified and he heard nothing from them. Ben Tafoya encouraged Mr. Patel not to accept out of state ID's. James Bonazoli had concerns about large deliveries of liquor in that parking lot and asked the Town Manager to keep an eye on that. A motion by Tafoya seconded by Bonazoli to close the hearing on the transfer of the Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be drunk on the premises from Northside Liquors, 150 Main Street to Jay and Ricky Inc. 212 Main Street was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the transfer of the Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be drunk on the premises from Jai Vaishnodevi and Chiraae Inc. d/b/a North Side Liquors, 150 Main Street to Jay and Ricky Inc. at 212 Main Street; Subject to the following conditions: ♦ Retail space will be limited to a total of 1,285 square feet as designated on the approved plan entitled "Proposed Renovations to Existing Store at 212 Main Street, Reading, MA, dated 12/23/12;" ♦ All Bylaws, Rules, and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and that all signs at 212 — 214 Main Street shall be brought into conformance with the Reading Zoning Bylaw prior to the opening of the store, and ♦ subject to a satisfactory inspection of the establishment by the Town Manager and certificate of occupancy prior to opening. The motion was approved by a vote of 4-0-0. Board of Selectmen Minutes—February 26, 2013 —page 3 Town Manager Screening Committee — James Bonazoli introduced the Screening Committee members Jacqui Carson, Brenda Sousa, Mark Dockser, John Doherty, Chief Cormier, Ben Tafoya, and himself. Carol Roberts was a nonvoting member. James Bonazoli announced the three finalists in alphabetical order: John D'Agostino, Town Manager in Abington, MA; Robert LeLacheur who has served as Assistant Town Manager in Reading since 2005; and Kerry Speidel, Town Administrator in Lunenberg, MA. James Bonazoli noted that the Town received 29 applications. The Screening Committee reviewed and evaluated 14 applications and interviewed 7. The Board discussed the schedule for interviewing the final candidates and it was decided to interview all three on March 5`h and then possibly make a final decision on March 12`h with March 19`h as the deadline. Stephen Goldy indicated this was not the final report of the Screening Committee because anything could happen. He requested that the resumes and packet be put on the website tomorrow. Close Warrant 2013 Annual Town Meeting — The Town Manager reviewed 27 Articles. He noted that he is removing the draft Article 19 because the Causeway Road land was taken by tax title and the Selectmen can dispose of that at any time. He is also removing the draft Article 18 because Engineering does not have enough time to prepare. The Town Manager noted that Article 22 deals with the Animal Control Bylaw. The state has made banishment illegal so that needs to be removed from your bylaw. Also, the Selectmen can decide not to charge a fee for residents 70 years and older. Stephen Goldy noted that the consensus of the Board is to waive the fee so keep that in the Article. Article 23 is to adopt a new zoning map—there have been 23 changes over the years. The Town Manager asked if the Board wants to eliminate fingerprinting for Class I, II and III license holders because they can change the bylaw or decide administratively. It was decided to remove this Article. The Town Manager recommended waiting until the Bylaw recodification is done in FY14 in order to eliminate the off premises signs section of the Bylaw. The consensus of the board was to remove that Article. The Town Manager noted that Article 25 is now 24 and Selectman John Arena requested this Article and the vote failed 2-2. Stephen Goldy indicated he would support putting this Article on the Warrant. Ben Tafoya noted there are two parts to this Article — one is to have the Town Clerk do something and the other is to change the clock. Stephen Goldy noted that the Article can be left on and then it can be tabled if the Board wants. Board of Selectmen Minutes—February 26, 2013 —page 4 Stephen Goldy noted that the Capital Plan needs to be revisited in reference to Fred Van Magness' remarks that the Town is facing a number of projects and the cemetery garage has been in the plan for a couple of years. He feels it is wrong to spend $1.5 million to build a garage when it could be spent elsewhere. The Cemetery operation could function at the DPW garage. If the garage is built at one of the cemeteries the employees will still have to visit the other cemeteries. Bob LeLacheur noted that there is $100,000 in the budget for a study and he's on the committee. The fastest action will be at the Fall Town Meeting to authorize $400,000 next year. He noted that three proposals have been received. Fred Van Magness noted that the process can still be stopped until it is determined if this is such a high priority. A motion by Tafoya seconded by Bonazoli that the Board of Selectmen close the Warrant consisting of 25 Articles for the Annual Town Meeting to take place on April 22, 2013 at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, at 7:30 p.m. was approved by a vote of 4-0-0. Hearing — Joint Approval with the Library Board of Trustees of a Policy Establishing a Library Building Committee — The Secretary read the hearing notice. Library Trustees David Hutchinson, Victoria Yablonsky, Alice Collins, Richard Curtis, and Cherrie Dubois were present at the Library Board was called to order. The Town Manager noted that the Library Board made proposed changes. The Historical Commission member has been removed but will be available. Two emails were received; one from Fred Van Magness and one from Mr. Crook. It was noted that posting of meetings is not included in the policy. David Hutchinson noted that this committee is for oversight, not for design or strategic purposes and he is confident this is the right mix. Stephen Goldy noted that Fred Van Magness is requesting a Selectman or designee be on the committee. By Charter the facility is the charge of the Town Manager. Mr. Van Magness noted that half of the committee is made up of library folks with no big building experience. Stephen Goldy noted that Ben Tafoya is the Selectmen's liaison and we could add the liaison to the committee. Ben Tafoya indicated this is a large enough body of people that someone would raise their hand if they hit a stumbling block. The project is too time consuming and too big for him to take on. James Bonazoli noted that if this committee is more financial oversight perhaps there should be two Finance Committee members on it. Also, he does not like the fact that the Moderator appoints three members because there needs to be more than one person's opinion. The Town Manager noted that a recent Charter amendment requires a multimember appointment committee so it should be the Moderator, Chairman of the Library Trustees, and Chairman of the Board of Selectmen. Board of Selectmen Minutes—February 26, 2013 —page 5 Dan Ensminger, candidate for Board of Selectmen, asked if the Clerk of the Works has been determined yet and the Town Manager indicated that will be the Facilities Director who will report to the Town Manager. A motion_by Bonazoli seconded by Schubert that the Board of Selectmen and Board of Library Trustees close the hearing establishing a Library Building Committee was approved by a vote of 9-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen and Board of_Library Trustees approve the policy as amended with the Moderator, Chairman of the Library Trustees and Chairman of the Board of Selectmen being the appointing authority and to report to the Board of Selectmen was approved by a vote of 9-0-0. Designation of Members of the Library Building Committee as Special Employees —The Town Manager suggested making members of the Building Committee as special employees. The designation would be the whole committee, not individuals. A motion by Bonazoli seconded by Tafoya that the Board of Selectmen designate the members of the Library Building Committee as Special Employees was approved by a vote of 4-0-0. Draft Regulations — Licensing/Fingerprint Bylaw — Police Chief James Cormier and Sgt. Detective Mark Segalla were present. Chief Cormier noted that he reviewed the policies. The Police can only do a limited check on applicants, but the Selectmen have options: Option 1 is to do nothing and the Police will do an internal check that only happens in Reading. Option 2 is to have the Human Resource Administrator of the Town do the CORI check and make a recommendation to the Board but the information cannot be shared. Option 3 is to have the Police department do a fingerprint record check that is national. The information is used strictly for this purpose and is not saved in the system. The fee to the State is $30 and we can charge the maximum of$100. Option 4 is to designate the Chief of Police to run the full background check. Chief Cormier noted that Class I and II are considered dealers of second hand articles in his opinion. He noted there was concern of duplication of state efforts so he contacted the State Police and we will not be duplicating efforts. He noted that when plates are applied for, the State Police go out and check out the facility and that's it. Chief Cormier noted that the law went into effect on May 4, 2012 but the State is not able to supply this information until this summer. Board of Selectmen Minutes—February 26, 2013 —page 6 The Town Manager noted there could be a different process for each license. Richard Schubert asked if there was a way to treat existing businesses differently and Chief Cormier noted that the Board could have new applicants be fingerprinted but not at renewals. Stephen Goldy noted that all who are affected should be notified and he is not prepared to make a decision. Kevin Brown, 588 Pearl Street, noted he's been in Reading for years. He researched what Town Meeting approved and Stoneham's bylaw excludes motor vehicles. He posts a $25,000 bond and proof of workers compensation. Class I sells used vehicles too so why not them? He noted that everything he sells has a VIN number and a traceable title. The owner of 128 Tire indicated he fully agrees with Mr. Brown and he also understands the Chief's concern. He was robbed himself. Perhaps the Town could consider grandfathering. Charles Gray, 431 Main Street, asked what incident brought this about in Reading and Stephen Goldy indicated there was no particular incident, the Board is trying to be proactive about the best way to protect residents. James Bonazoli noted that the Board is not trying to attack anyone as an individual. There has been an increase in thefts and break-ins and they have to look at what is best for the community. Charles Gray noted that he runs a respectable licensed facility and he is not selling stolen parts. It's the people on the internet with no licenses who are the criminals. Kevin Brown noted that fingerprinting has its time and place. He asked if we fingerprint contractors who are going into residents' homes. Stephen Goldy noted that the licensees will be notified the next time this is on the agenda. Hearing— Parking Regulations— Downtown— The Secretary read the hearing notice. The Town Manager noted that the MBTA gave the Town a license for the lot on Vine Street and staff recommends using those spaces for commuter parking. Also, the dentist office on Woburn Street is asking to change the two hour parking on Woburn Street to all day with a sticker. A resident suggested cutting back a bit for a sight line. James Bonazoli noted that the blue zone is $24/month and only business owners can purchase them. Chief Cormier indicated that the blue zone is also for employees and abutters and abutters are free. Board of Selectmen Minutes—February 26, 2013 —page 7 Rick Schaffer asked if the intent of the blue zone on Woburn Street is just for a dentist. and Stephen Goldy indicated that person is having a problem with employee parking and we are trying to find the best solution. Rick Schaffer noted the parking there is very light except for on Sundays. He suggested designating one or two spaces near Brande Court and the Town Manager noted that the dentist says the employees are being forced to park further away. He also noted he has a hard time backing out of his driveway. Chris Vacarro, 57 Woburn Street, noted that parking on Woburn Street is erratic—mostly for church on Sundays and pick up of kids. It is a residential neighborhood. Phil Maher asked if the Town could add a couple of spaces to the Brande Court lot and it was noted that there is no pedestrian access to Woburn Street. Naomi Kahman, 64 Woburn Street, noted that businesses should work together to solve the problem. She noted that the street is heavily utilized and there is not enough passage with parking on the side. She can't see pulling out of her driveway. She asked the Board to vote no. Adele Blunt, 32 Linden Street, indicated she cannot see coming out of Linden Street if cars are parked there. She asked if there is any talk about widening Linden Street and the Town Manager noted that is part of the downtown improvement project. A motion by Bonazoli seconded by Schubert that the Board of Selectmen close the hearing on downtown parking regulations was approved by a vote of 4-0-0. A motion by Tafoya seconded by Schubert to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, by inserting the language "Vine Street — On the southerly side, beginning at the intersection with High Street proceeding westerly for a total of 42 parking spaces." after line 13 of Appendix A-8 relative to Resident Parking Permit Only from 6:00 a.m. to 10:30 a.m. was approved by a vote of 4-0-0. A motion by Tafoya seconded by Bonazoli to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, by striking the language "in four (4) designated spots" in line 13 of Appendix A-4 relative to Two Hour or All Day with Employee Parking Permits and replacing it with the language "to the intersection with Linden Street until 54 Woburn Street was approved by a vote of 4-0-0." Hearing — Liquor License Transfer— Wine Shop of Reading — The Town Manager noted that the applicant has decided to withdraw their application because they are looking at a location on Haven Street. A motion by Tafoya seconded by Bonazoli to accept the withdrawal of the application for the liquor license transfer from Reading Fine Wines LLC to Pamplemouse, Inc. was approved by a vote of 4-0-0. Board of Selectmen Minutes—February 26 2013 —page 8 Approval of Minutes A motion by Bonazoli seconded by Tafova to approve the minutes of January 22, 2013 was approved by a vote of 4-0-0. The Town Manager noted that CTC Gold Refinery has changed ownership and asked if the Board wanted a hearing. The Board asked if there have been any problems and there being no problems, the Board indicated they did not want a hearing. A motion by Bonazoli seconded by Tafova to adiourn the meeting at 10:45 p.m. was approved by a vote of 4-0-0. Respect y su itted, retary