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HomeMy WebLinkAbout2014-09-02 Board of Selectmen MInutes OF IJ c Town of Reading b' Meeting Minutes ,;ECEIVEO CLERK '6'9 ttxuae�pP� I N G. MASS. Board - Committee - Commission - Council: P Board of Selectmen iUi4 DCj 1 S Date: 2014-09-02 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel Ensminger, John Halsey and Kevin Sexton Members - Not Present: Others Present: Town Manager Bob LeLacheur, Police Chief James Cormier, Office Manager Paula Schena, Stephen Crook, Marcel Dubois, Carol McFadden, Mary Ellen O'Neill, Gina Snyder, Attorney Chris Coleman, Kalpesh Patel, Officer Amendola, Officer Bullis Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - John Arena noted that he serves as BOS rep on the Reading Municipal Schools Naming Committee. That group met over the spring/summer and determined the current naming policy as given the group was inadequate to provide guidance to the applicants or the Committee charged with reviewing applications for naming facilities. The Committee offered to take a pass at writing an alternative "Distinguished Service Award" policy focused on nomination and review of exceptional school staff, separate and distinct from facilities naming. The alternative policy has since been presented to the School Committee and approved. The RMS naming group offered to continue on to re-develop the facilities naming policy which would dovetail with the Distinguished Service Award. The exceptional staff policy would be a useful framework with which to start when developing a complementary town policy on memorializing exceptional town staff and a foundation to any town policy on naming facilities or buildings. Daniel Ensminger noted he will send out a revised Town Manager evaluation form to the Board this week. John Halsey noted that he received requests to name Town properties i.e. fields. The Board of Selectmen doesn't have a policy for naming ground purposes and he suggests an ad hoc committee be developed to create a policy for naming. He would volunteer for this because he served on the Reading Athletic Hall of Fame committee and they had a form they used that would be helpful. He also noted that the Recreation Department did a site visit of the grass field behind turf 2 and there is a proposal for one more pole for lighting. There is a demand for this and it would create two small fields. Mr. Halsey also noted that the Page 1 1 Board of Selectmen Minutes - September 2, 2014 - page 2 Reading Coalition Against Substance Abuse is concerned about the health and wellness program being cut and they have asked Superintendent Doherty for more information on this. The RCASA also had concerns about the proposed medical marijuana bylaw. Public Comment - Carl McFadden, 33 Wakefield Street, noted that the Saturday night program has 600 kids and they need all of the field space. The Light Department wants to put another light pole to light up another field but that will be a three week wait. John Feudo is renting lighting for the Saturday night program. John Halsey noted that they are not seeking additional funds, this is a completion of the Army Corp of Engineers project. The Town Manager noted that in the spirit of the scope of the project, if this impacted the neighborhood he would have scheduled a hearing, but it doesn't. Daniel Ensminger asked if the lights will be directed to avoid light leakage and Carl McFadden indicated they will. Bill Brown, 28 Martin Road, noted that there was an article about the completion of the rock climbing wall at the Birch Meadow School but it is not complete because it is not ADA accessible. He was told that they ran out of money. The Town Manager noted there was no reason we should have run out of money and he indicated he will check into this. Town Manager's Report - The Town Manager noted that he attended the grand opening of the Hitching Post and there were a lot of customers. He also noted that the next Selectmen's meeting on September 23rd will begin with Executive Session at 6:00 p.m. Discussion/Action Items Reading Garden Club Adopt an Island Awards - Jane Fiore noted that the Garden Club has cared for 100 sites around town since 1995. She noted that the sites were evaluated by judges. She announced the categories and winners and the awards were presented. Hearing - Public Tree Removal at 640/660 Main Street - The Secretary read the hearing notice. The Town Manager noted the trees are to the right of CVS in an elevated island. There are three trees and there have been requests to put benches in that area. His proposal is to remove the middle tree and put in benches. He received a couple of emails from people opposed and some in favor. Peter Simms, owner of Simms Jewelers noted that he served as Chairman of the Downtown Steering Committee for 18 years. They were aware of the trees, but things got mixed up at the State level. The Town wanted taller trees and just two of them, but the State put in three wrong trees. They block his and neighboring store frontage. He is in favor of the proposal to remove the tree and put in seating. Mary Ellen O'Neill noted that the tree cannot be transplanted. She suggested trimming the trees back and then they will grow taller. She noted that one of the trees is not doing well and also commented that the town is not funding trees. Tree Warden Bob Keating noted that the Zelcova survive well and also get very large. He has pruned them and they are a thick and aggressive tree. They will have a 50 foot spread and height and are too large of a species for that location. They are already touching other trees and are planted too close together. He noted that taking out that tree will not harm the others. The trees have done well because they are planted in an island and the fire department is hooking up water at that location. The Town Manager noted that the designer of the island Brian Stowell has interest in ,, change. He also noted that the Town has a master plan to tie in the whole downtown and this is the beginning stage. The Town Manager showed two alternate plans for that island and noted that there is $7800 available for downtown issues. Page 1 2 Board of Selectmen Minutes - September 2, 2014 - page 3 Marilyn Simons, from Pine Ridge Road and a member of the Arbor Day Association noted that she was surprised that the island was being taken apart but didn't know the designer was involved. She is in favor of keeping the tree. Gina Snyder indicated she is in favor of the tree and would like to see mitigation such as three for one and also suggests using porous pavers. Daniel Ensminger noted he came in opposed but the Tree Warden made some good points and he hopes that Gina's comments about porous pavers is taken into consideration. John Halsey noted that the downtown renovation was for sustenance of businesses. He is in favor of replacing three for one and feels the porous pavers is a good idea. Kevin Sexton asked if the three to one planting will be something appropriate and Bob Keating indicated that in the past a lot of planning didn't look to the future so he is now involved in early stages of planning to indicate what types of plantings are best. A motion by Ensminger seconded by West to close the hearing on removal of a tree at 640/660 Main Street was approved by a vote of 5-0-0. A motion by Ensminger seconded by Sexton to approve the removal of one six inch diameter Zelcova tree located in front of 640/660 Main Street was approved by a vote of 5-0-0. Human Relations Advisory Committee - Human Relations Advisory Committee members Camille Anthony, Jacalyn Wallace, Mark Segalla, Linda Dockser, Christine Hansen and Lori Hodin were present. Camille Anthony noted the Committee became aware of an incident that happened in July. Christine Hansen indicated there were a series of incidents with offensive graffiti. Some were reported to the Police and the Town was somewhat successful in removing the graffiti. Camille Anthony noted that she wasn't sure if this was a role of the Human Relations Advisory Committee so they redirected her to the Police. John Arena asked where the graffiti was and it was noted in the downtown area. John Arena asked if we have a general graffiti problem and Deputy Chief Mark Segalla indicated we do not. Linda Dockser asked the Board to clarify how the Committee can respond and be proactive and reactive. They have drafted a press release and weren't sure if they should bring it to the Selectmen for approval first or if they can respond on their own. The Town Manager noted that a hate crime is a legal issue. Deputy Chief Segalla noted that in order for it to be a crime it has to be directed towards a specific person. John Halsey noted that when you give symbols of hate air time you give hate air time. He doesn't want to fuel the fire. He feels directing people to the Police is a really good idea and he suggested being careful of specifics. Camille Anthony asked if they should take the specific incident out of the press release and John Halsey responded yes. Marsie West noted that Deputy Chief Segalla noted that a hate crime has to be directed at a specific person, but it wasn't so don't say that in the press release. She suggested letting the public know they can go to the Human Relations Advisory Committee. Page 1 3 Board of Selectmen Minutes - September 2 2014 - page 4 John Arena noted this sounds like a single event. He wouldn't dismiss it but he would speak more on being neighborly. Linda Dockser noted that there are people who don't feel safe anymore and there are other communities informing the public. John Halsey reiterated not to be specific about the incident because it will give them an easel. He noted that repainting wears them down. Linda Dockser noted that this incident has taken too long to respond and she asked what the process is. The Town Manager noted that he heard about it in July. He attended the next Human Relations Advisory Committee meeting and then the next Selectmen meeting which is tonight. Camille Anthony asked if they should go through the Police Department and the Town Manager indicated they should go through their Police liaison and there is no need to come before the Selectmen each time. Kevin Sexton suggested that they highlight text a tip in the press release. Camille Anthony noted that the Human Relations Advisory Committee mission was written years ago and is not the same that they are using now. She will get that to the Board. Jacalyn Wallace noted the mission statement is in the press release. Camille Anthony made an announcement that Reverend Janet Smith Rushton at the Old South Church is conducting a stand for peace crusade on Sunday. She will be collecting shoes from noon to 4:00 p.m. and display them as a representation of solidarity. Hearing - Liquor Violation - Ricky's Liquor - The Secretary read the hearing notice. Police Chief James Cormier, Lt. Detective Richard Abate, Patrol Officer Christina Amendola and Laura Bullis, Attorney Chris Coleman and store owner Kalpesh Patel were present. Officer Bullis noted that on August 3, 2014, she was working the C shift in the area of -.-• Ricky's Liquor because of previous accounts. She witnessed and individual coming out with a bottle of Jagermeister. He said he was 21 but had no ID. He eventually admitted he just turned 17 and the others in the vehicle were 17 and 18 years old. The store clerk then came out of the store and Officer Bullis told him to go back in the store. Officer Bullis gave all of the minors a breath test and all were zero. The legal guardians were contacted. There were 62 beers, vodka and Jagermeister in the trunk of the vehicle. The individuals put in $90 to purchase the alcohol and the plan was to go to Wakefield woods and drink. They indicated they had purchased there before and everyone (minors) knows that is the place to go and buy alcohol. Officer Bullis indicated she spoke with the store clerk. He said he looked at the ID's and they were 21. Officer Bullis indicated they will look at the surveillance tapes and he admitted to not checking ID's. The Manager then stated that clerk is no longer there. The clerk will be summonsed to court. John Halsey asked if the Police have been provided with the video footage and Lt. Detective Richard Abate indicated they have and they were able to view it. John Arena asked if there was a viewing of similar sales on the tape, to evaluate whether the behavior of checking for ID's was apparent, while recognizing no assessment of age could be made. Lt. Detective Abate indicated yes, other sales were visible on the video record without ID being shown, but that those sales were not part of the current complaint. John Arena asked Officer Bullis if she saw the ID reader and she indicated she did not, but she was not looking for it. Marsie West asked if the minors said how often they made purchases there and Officer Bullis indicated they said several times and it is on Facebook. Page 1 4 Board of Selectmen Minutes - September 2, 2014 - page 5 Attorney Chris Coleman indicated he is representing Kalpesh Patel. He noted it is not their intention to deflect blame and the clerk was the same clerk involved before. The owner thought maybe the clerk had a bad day but that wasn't the case. Attorney Coleman noted that Mr. Patel never observed the clerk selling to minors. The clerk was fired on the spot. Mr. and Mrs. Patel will cover all shifts now because they can't trust anyone. Mr. Patel has been a long time operator of the store next door selling cigarettes and lottery tickets without any problems. Attorney Coleman noted that the Commonwealth's recommendation is 1 - 4 day suspension for the first offense; 3 - 6 day suspension for the second; 6 - 12 days for the third and the 4th is show cause for revocation. This is more of an act of an employee. Mr. Patel noted that the clerk was a bad employee. He was the first bad employee he has had in 20 years. He has the ID machine, but the clerk didn't ask for the ID. He lectured him and had him TIP trained. He and his wife are conducting the business now because he cannot trust anyone right now. Daniel Ensminger asked if the Board of Selectmen have any say over who is employed and the Town Manager indicated no. John Arena indicated that the Board might make up its own mind regarding a fact pattern being present, as including tips received, there were multiple incidents reported and multiple incidents. He feels that if there were multiple incidents reported it is reasonable to observe that these are part of a much larger number of ongoing instances. Two people attempted to purchase and were successful. The liquor control act grants the local licensing authority and the Alcoholic Beverage Control Commission (ABCC) authority to revoke or suspend the license. The grievant can grieve to the ABCC. When there is a violation with substantial evidence then the Board needs to determine what penalty is reasonable. The nature of the act and frequency should be taken into consideration. The ABCC has not upheld any revocations. Stephen Crook, resident of Pleasant Street, noted that he sent an email to the Board and he feels this license should be revoked. Judy Mcafferty, 62 Cross Street indicated she has known the Patel's for many years and has been a frequent merchant. She has been in the liquor store many times and thought it was odd to see kids in there. Her son was the one who purchased the alcohol. When she found out this was the second offense she was upset and she is now asking Mr. Patel why he didn't fire Bruce Armstrong after the first offense. She noted she reached out to her son's friends and they say it is well known they can always make a deal with Bruce Armstrong. She is very disappointed. She is upset that the hearing wasn't held until one month later. She noted she couldn't believe what she was seeing on her son's cell phone. What she heard was despicable. Bill Mcafferty, 62 Cross Street, noted he is not happy with his son, but everything happens for a reason. Mr. Patel is lucky that someone didn't get killed. John Halsey noted that he had genuine concern at the last hearing about Mr. Patel's judgment. He noted that Mr. Patel hired a person and waited until after six months to train the person. It is indicative that Mrs. Mcafferty has established what is going on. Mr. Halsey noted that he has had a lot of connections to people who started on substance abuse and they are now gone. He has never seen anyone repeat and he feels this sets a fact pattern. Mr. Halsey noted it is irrelevant that Mr. Patel is a good person but his judgment is extremely flawed. He respects that Mr. Patel spent money to open this business but thinks 90 days to think about what happened is not a bad idea. Marsie West noted that there was clear evidence the last time. The kids were from out of town and told the Police they had been there many times. There were two more this time Page 1 5 Board of Selectmen Minutes - September 2 2014 - page 6 and they indicated they had been there before. The video tape shows that the clerk was not checking ID's. She feels revoking is too big of a jump and a few days in not enough. She also suggested that the Board not ask what dates are best. Marsie West asked if the ID machine is installed and Mr. Patel indicated it is. Ms. West asked if the machine gives a report and Mr. Patel said it does give the date and time. A motion by Ensminger seconded by West that the Board of Selectmen close the hearing on the possible modification suspension or revocation of the Retail Package Store License to Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages for Jay & Ricky, Inc. d/b/a Ricky's Liquor, 214 Main Street for violating MGL 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 5-0-0 A motion by Ensminger seconded by Halsey that the Board of Selectmen find Jay & Ricky, Inc. d/b/a Ricky's Liquor, 214 Main Street Reading 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 August 3 2014 was approved by a vote of 5-0-0 A motion by Ensminger seconded by Arena that the Board of Selectmen take a formal posture that there is substantial evidence of this being a regular business Practice was approved by a vote of 5-0-0. John Arena noted that they are only seeing 10% of the problem. He is in favor of a 90 day suspension to be served immediately. Town Counsel Ray Miyares noted that the motion should modify the previous vote so the four day suspension that has not been served yet is served at the beginning or the end of the new suspension. Kevin Sexton suggested having the 90 day suspension begin in October to see if they don't sell to minors again in one month. Marsie West disagreed because something bad could happen. John Halsey noted that parents of the minor are here and nobody wants to see something tragic happen. In fact, we don't know if there has been a regional tragedy due to this. He would support starting the suspension tomorrow. He's not willing to take another chance. He feels 90 days will give the owner a chance to come up with a business strategy and plenty of time to hire someone that can be trusted and trained. A motion by Ensminger seconded by Halsey that Jay & Ricky Inc d/b/a Ricky's Liquor, 214 Main Street, Reading be penalized with a 90 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 August 3 2014 was approved by a vote of 5-0-0. A motion by Ensminger seconded by Sexton that the 90 day suspension for Jay & Ricky, Inc. d/b/a Ricky's Liauor, 214 Main Street Reading take place effective September 3, 2014 and that the previously imposed suspension be served at the end of this sentence: that the license be surrendered to the office of the Town Manager no later than 9:00 a.m. the first day of the suspension to be returned to the licensee by 9:00 a.m. the first 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 Jay & Ricky Inc reimburse the Town of Reading for Constable and advertising fees was approved by a vote of 5-0-0 Page 1 6 Board of Selectmen Minutes - September 2, 2014 - page 7 Close the Warrant for Special Town Meeting on 9/29/14 - The Town Manager noted that Town Counsel reworded some of the debt articles. Article 14 uses current laws authorizing and requesting to investigate the records and management of the Reading Municipal Light Department. Article 15 gives the Finance Committee a broader oversight role over the Reading Municipal Light Department. Marsie West noted that the current bylaw allows the Finance Committee to investigate what is on the Warrant. She also noted that 2 of the 3 members of the Finance Committee Appointment Committee would approve the incurrence of expenses. The Town Manager noted that there is nothing in the Charter that says Articles 1, 2 and 3 must be done, but this will be cleaned up in April. Article 3 amends the Capital Plan, Article 4 is to dispose of equipment, Article 5 removes debt, Article 6 takes money we don't need any more and assign it to the West Street project. Article 7 is debt authorization for the water department. Article 8 allows for spending TLT money out of the general fund. Articles 9, 10, 11 and 12 are zoning articles. Article 13 is for marijuana dispensaries. A motion by Ensminger seconded by West to close the Warrant consisting of 15 Articles for the September 29, 2014 Special Town Meeting was approved by a vote of 5-0-0. Vote Warrant Articles for the Special Town Meeting - A motion by Ensminger seconded by West that the Board of Selectmen recommend the subiect matter of Articles 3 - 13 inclusive of the September 29, 2014 Special Town Meeting Warrant was aaRproved by a vote of 5-0-0. A motion by Ensminger seconded by West that the Board of Selectmen recommend the subiect matter of Article 14 of the September 29, 2014 Special Town Meeting Warrant was approved by a vote of 5-0-0. A motion by Ensminger seconded by West that the Board of Selectmen recommend the subiect matter of Article 15 of the September 29, 2014 Special Town Meeting Warrant was approved by a vote of 5-0-0. Preview Warrant for Subsequent Town Meeting - The Town Manager reviewed the possible Articles for the Subsequent Town Meeting. Article 6 is regarding the Animal Control Bylaw. The Attorney General says we need changes to the appeals process. Article 7 is regarding a permanent building committee. Article 8 is to take the land for the bus shelter easement in front of Stop and Shop. Article 9 is zoning. Article 10 is the comprehensive zoning bylaw update and if that fails then do Article 11 to recodify the bylaws. Article 12 is to add Summer Avenue to the West Street Historic District. The Town Manager noted there will be a Special Town Meeting on January 5, 6 and 7, 2015 for the Charter changes. He will put Charter review on an October Selectmen's agenda. He will put the Library update on a November Selectmen's agenda. Preparation for Financial Forum on 9/10 - The Town Manager noted that State Representatives Jones, Dwyer and Lewis will be present at the Financial Forum. Finance Committee Chairman Mark Dockser was present and indicated he would like to review the white sheets, school issues, recreation issues and moving towards 2020. John Arena indicated he would like to know how the state can help with funding, support and collaborations. He would also like to know if there are any public/private ventures for social services. Page 1 7 Board of Selectmen Minutes - September 2, 2014 - page 8 Finalize FY15 Town Manager Goals - The Town Manager noted that he received 1.9 responses so far. John Halsey asked that the Board approve the group for naming. He will do the work and report back and the Board had no problem with that. The Town Manager noted that the Board is doing the working groups on September 16tH John Arena suggested cancelling the planning session for September 16tH Approval of Minutes A motion by Ensminger seconded by West to approve the minutes of June 10 2014 as amended was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to approve the minutes of July 30 2014 was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to approve the minutes of August 12 2014 as amended was approved by a vote of 5-0-0 A motion by Ensminger seconded by West to approve the Executive Session minutes of August 2, 2014 as written was approved on a roll call vote with all five members voting in the affirmative. A motion by Ensminger seconded by West to approve the Executive Session minutes of August 12, 2014 as written was approved on a roll call vote with all five members voting in the affirmative. A motion by Ensminger seconded by Arena to adiourn the meeting at 10.57 p.m. was approved by a vote of 5-0-0. Respectfull submitte Secretary Page 1 8