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HomeMy WebLinkAbout2009-03-31 Board of Selectmen Minutes Board of Selectmen Meeting March 31,2009 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 Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Police Chief Jim Cormier, DPW Director Ted McIntire, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Attorney Chris Latham, Anne Joyce, Christine Mulvey, Kristen Burke, Joyce Gould, Steve Gleason, Valerie Longhman, Harry Larkin, Kirsten Bonaglia, Johanna Anderson, Elisa Jarrin, John Weston, Angelo and Estelle Bertolino, John and Kathy Welsh, Eric Sprung, John O'Rourke, Terry Cafazo, Steve Kintigos, Jason Emelius, Bob Hunt. A motion by Schubert seconded by Bonazoli to go into Executive Session for the purpose of strategy with regard to litigation to come back into Open Session at approximately 7:30 p.m.,was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at 7:40 p.m. Reports and Comments Selectmen's Liaison Reports and Comments—Selectman Richard Schubert requested that review of the management letter be scheduled on an upcoming agenda. Selectman Camille Anthony noted that the Audit Committee met and everything went well. She noted that she and Chairman Stephen Goldy visited Duck Road regarding the potential development at 885 Main Street. She indicated that the wetlands need to be delineated. She reminded residents that Tuesday is Election Day and reminded everyone to vote. She I also reminded residents that it is flea and tick season. Chairman Stephen Goldy noted that the Town Manager sent an electronic response to the applicant and residents who sent emails regarding 885 Main Street. He attended two Fall Street Faire Committee Meetings to plan an event to celebrate the reopening of Downtown—September 20th is the planned date. The Committee had a question regarding allowing beer and wine tasting, and Selectman Camille Anthony suggested putting this on an agenda. Public Comment—Bill Brown noted that Ben Nichols' birthday is April 8th and he will be 101 years old. Board of Selectmen Meeting—March 31, 2009—Page 2 Town Manager's Report The Town Manager gave the following report: • The Community Organizations Seminar on March 19, 2009 in the Police Community Room was well attended. • Municipal Relief Package—State • Federal Stimulus funding • Atlantic Liquor License—Hearing • EDC Associate positions are at their maximum amount. • Tennis Courts • Fireworks. • Next Board of Selectmen- Office Hours at 6:30 p.m. on April 14th—James Bonazoli Discussion/Action Items Reappoint Town Accountant — The Town Manager highly recommended the reappointment of Gail LaPointe as Town Accountant. A motion by Bonazoli seconded by Anthony to reappoint Gail LaPointe as Town Accountant with a term expiring March 31, 2010 or until a successor is appointed was approved by a vote of 5-0-0. Birch Meadow Safety Committee — Chairman Stephen Goldy noted that the Birch Meadow Safety Committee is requesting a crosswalk, and the Parking, Traffic and Transportation Task Force recommends no crosswalk at that location. He also noted that a new sidewalk and parking regulations have gone into effect. Selectman Camille Anthony noted that a lot of people are crossing at that location, and there should be a crosswalk at that location. Selectman James Bonazoli noted that the crosswalk gives a false sense of security but if the lines are painted, then the cars will know to slow down. The Town Manager noted that the sight distance is not good at that curve, and the Town has no intent to provide a Crossing Guard at that crosswalk. Chief Jim Cormier noted that the Town Engineer will have a problem because he will have to make the sidewalk handicap accessible on the other side of the street. Eric Sprung, the Principal of the Birch Meadow School, noted that people need a place to go and feel safe to cross. Education and enforcement are needed. John Weston, parent and member of CPDC, noted that he crosses at that location with his children, and there is no plan or coordinated effort for pedestrians. A motion by Anthony seconded by Bonazoli to install a crosswalk at the fire lane at Birch Meadow School across Birch Meadow Drive was approved by a vote of 5-0-0. i Board of Selectmen Meeting—March 31, 2009—Pape 3 Hearing—Lodging House License— 83 Hamden Street—The Secretary read the hearing notice. The Town Manager noted that this will be the first lodging house license that the Town issues. He noted that there was a call for medical help at this location, and that is how the Town found out it was a lodging house. There were fire, safety and health code violations. The Town has been working with the owner of the property. There are six residents at the house and nobody is living in the basement or attic. The Health and Fire Departments are okay with everything. This is a permitted use in this district, and the site meets all other codes. Attorney Chris Latham was present representing property owner Angelo Bertolino and his wife. Attorney Latham noted that Mr. Bertolino didn't know he needed a license, and he thanks everyone for their patience and working with his client to help him come into compliance. He is seeking a�license for six sleeping rooms, two fall baths and a kitchen. The house is centrally heated and has smoke alarms. Attorney Latham noted that public records indicate that this was a boarding house in the 1920's for single women and teachers. He also noted that the tenants pay $140-$145 per week and this is affordable unsubsidized low income housing. He noted that the tenants are mostly disabled or unemployed. Chairman Stephen Goldy noted that he and the Town Manager visited the property, and there is no access to the attic and the basement is being used for storage. Vice Chairman Ben Tafoya asked if this is an annual license, and the Town Manager indicated that it is. Selectman Camille Anthony asked about the vehicles parked on the side yard and front of the house. John O'Rourke noted that he owns the two limos. He is disabled and tried to run a business but it didn't work. He has lived there for 13 years after losing his parents and his house. He indicated that he had no intention of embarrassing the Town. The Town Manager suggested limiting the number of vehicles on the site. Joyce Gould of 17 John Street noted that the property is for sale, and asked if the license goes with the property or the owner. Chairman Stephen Goldy noted that it goes with the owner. The Town Manager noted that if it is sold as a rooming house, then the condition that the new owners apply for the license would be in the Purchase and Sales Agreement. Ms. Gould asked if the owner is close to compliance or within compliance. The Town Manager noted that he was within compliance. Attorney Latham noted that when the license is received, he will be in compliance. Ms. Gould indicated that she had no problems with the residents but she. did with the absentee landlord who has let the property fall into ruin. She asked if the property will have the same level of inspection as subsidized housing, and the Town Manager indicated that it would have even more. Board of Selectmen Meeting—March 31, 2009—Page 4 Kathy Welsh of 29 Union Street had concerns with the condition of the outside of the building and requested that the parking spaces be marked. Chairman Stephen Goldy noted that they can park in the driveway but not on the sidewalk. The Town Manager noted that the Town does not regulate parking on private property. John Welsh of 29 Union Street noted that ignorance of the law is not a defense. He also noted that the condition of the property is deplorable, and asked for governance over the license conditions. Vice Chairman Ben Tafoya noted that the Town will keep an eye on the property until December when the license comes up for renewal. A motion by Bonazoli seconded by Tafoya to close the hearing for a lodging house license at 83 Harnden Street was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Anthony to approve.the license for a lodging house at 83 Harnden Street to Angelo Bertolino, Trustee of the Jo-An Realty Trust, consistent with the floor plan submitted on March 31, 2009 for a term expiring 12-31-09 subject to the following conditions: • The lodging house shall be for not more than six occupants. • Only vehicles that are licensed and registered .to an occupant of the lodging house shall be parked overnight on the property with no more than four vehicles parked on the property at any one time. • There shall be no occupancy on the basement or third floor. • Prior to the annual relicensing, inspection by the Building Inspector, Health Services Administrator and Fire Department shall be permitted by the owner. • To be relicensed, the property must meet all codes. The motion was approved by a vote of 5-0-0. Follow Up—World Cafe—This agenda item was postponed to the next meeting. Hearing—Water, Sewer and Storm Water Rates—The Secretary read the hearing notice. The Town Manager noted that we need to set the rates now so Town Meeting can approve the use of reserves. Public Works Director Ted McIntire noted that there is $1.1million in reserves. We used $5,000 in the Fall. He recommends using $425,000 in reserves to offset the water rate, and $100,000 in reserves to offset the sewer rates. Selectman Camille Anthony asked how much we used last year, and the Assistant Town Manager indicated that we used $371,000, Selectman Anthony also asked if we should be doing capital projects, and Ted McIntire indicated that we are doing a lot of capital projects. Board of Selectmen Meeting—March 31, 2009—Page 5 Ted McIntire indicated that he recommends setting the water rate at $7.73 per 100 cubic feet; $8.02 per 10 cubic feet for sewer and 43 6.8 8 per unit for storm water rates. A motion by Bonazoli seconded by Tafoya to close the hearing on setting the water, sewer, and storm water rates for FY 2010 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya to set the FY 2010 Water Rate at $7.73 per 100 cubic feet with a minimum quarterly bill of$15.46, effective with the September 10, 2009 biIling,was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya to-set the FY 2010 Sewer Rate at $8.02 per 100 cubic feet with a minimum quarterly bill of$16.04, effective with the September 10, 2009 billing,was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya to set the Storm water Rate at $36.88 per unit (2,552 square feet) per year to be billed quarterly was approved by a vote.of 5-0-0. Club Licensing—The Town Manager noted that the issue came up as to why restaurants close at midnight and clubs at 2:00 a.m. He also noted that he spoke with Bob Morelli from the Meadow Brook Golf Club, and he has no problem with closing at midnight. Terry Cafazo, Steve Kintigos, Jason Emelius and Bob Hunt from the Knights of Columbus were present. Chairman Stephen Goldy indicated that the new liquor policy states that restaurants sell until midnight, clear the tables by 12:30 a.m. and close at 1:00 a.m. Ms. Cafazo noted that the Knights of Columbus has held a liquor license for over 40 years and has never had any problems. She indicated that they police themselves, and the club is for members and guests only. They have 220 members. She.also noted that a public restaurant is motivated by profit but the Knights of Columbus doesn't make a profit, and there is a big distinction. Vice Chairman Ben Tafoya asked what are the hours of operation, and Mr. Kintigos indicated 3:30 p.m. to 11:00 p.m. on the weekends but if there are still members there at 11:00 p.m., then the bartenders stay longer. They are open 3:30 p.m. to 9:00 p.m. during the week. Mr. Emelius noted that they provide a service and a lot of the membership works second shift. Vice Chairman Ben Tafoya asked if they rent out the facility, and Ms. Cafazo indicated that they rent out the function hall but only members are allowed in the lounge. When the public use the function hall, they close at midnight. Board of Selectmen Meeting—March 31, 2009—Page 6 Selectman Richard Schubertnoted that there is a distinction between the "for profit" restaurants and members only clubs. He asked if all clubs were the same. The Town Manager noted that there are four clubs in Town—two Veterans, the Knights of Columbus and Meadow Brook Golf Club. He also noted that the two Veterans clubs could get Veterans' Licenses which is different. Selectman James Bonazoli noted that he was the most vocal about the closing hours. He feels that it is an equity issue. His main concern is that when a business closes at midnight, then the person can go to the club. He's looking for a way to curb alcohol abuse. Mr. Emelius noted that public establishments cater to anyone 21 years or older. The average age of a Knights of Columbus member is 63 years old so we're not matching apples to apples. Ms. Cafazo indicated that they want to continue to have the right to stay open until 2:00 a.m. She noted that if there is nobody there at 11;00 p.m., then the bartenders go home. The Town Manager noted that the Selectmen could put in the policy that everyone must be out by 2:00 a.m. Vice Chairman Ben Tafoya suggested sending out a survey asking for the number of members, their policy on closing, the hours and also the function room hours. Chairman Stephen Goldy noted that he had concerns about the closing procedures for clubs, and requested that the Town Manager draft changes on orderly closing. Discuss Mattera Cabin — The Town Manager noted that he, Selectmen James- Bonazoli and Camille Anthony toured the cabin. The floors need to be replaced due to water damage from a broken pipe, and the furnace also needs to be replaced. The Northeast Metropolitan Regional Vocational School is doing measured drawings. They will get back to us with a price for the supplies. They may be able to do some work this Spring. They cannot do plumbing work. Selectman Camille Anthony asked for a timeline on the project. Selectman James Bonazoli talked about programming. He thinks that the Boy Scouts and Cub Scouts would like to hold programs there. He noted that REI might want to hold a biking clinic there. The Town Manager noted that biking is not allowed on conservation land. Approval of Minutes A motion by Tafoya seconded by Anthony to approve the Minutes of February 24, 2009 was approved by a vote of 5-0-0. A motion by Anthony seconded by Tafoya to adjourn the meetinIz of March 31, 2009 at 10:30 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary