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HomeMy WebLinkAbout2009-01-06 Board of Selectmen Minutes _ Board of Selectmen Meeting January 6,2009 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, Youth Representative Sarah Mulroy, Town Manager Peter Hechenbleikner, Assistant Town Manager Bob LeLacheur, and the following list of interested parties: Brian Sullivan, Brian Tucker, David Tuttle, George Hines, Angela Binda, Kathy Greenfield, Susan Patterson, Priscilla Gottwald, Irene Collins, John Douglass, Pete Dahl, William Griset Jr., Alexandria Campbell, Judy Osborn, Deb Stratton, Karen DiNapoli, Bill Brown, George Fidenza, Domenic Tango, Angela Spadafora, Robert Spadafora, John Lucan, Principal Richard Davidson, Chuck Eisenberg, Eleanor White,Nick Safina, George Katsoufis. On motion by Schubert seconded by Bonazoli, the Board voted to go into Executive Session for the purpose of strategy with respect to litigation to come back into Open Session at approximately 7:30 p.m. The motion was approved on a roll can vote with all five members voting in the affirmative. s The Board reconvened in Open Session at 7:35 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony took a tour of Breakheart Reservation with the Town Manager. Bill Brown noted that the Town should look at timber harvesting in the Town Forest and conservation lands. Selectman Anthony noted that she has taken out papers for another term on the Board of Selectmen, and that nomination papers need to be in by February 17a'. Selectman Richard Schubert noted that he had Office Hours today and there was. no public present. Youth Representative Sarah Mulroy had no report. She is meeting with Selectman James Bonazoli and Chairman Stephen Goldy along with Recreation Administrator John Feudo and Elder/Human Services Administrator Dawn Folopoulos regarding the potential for intergenerational programs. Selectman James Bonazoli met with John Feudo regarding the Mattera property. i Vice Chairman Ben Tafoya will defer until later in the evening. Board of Selectmen Meeting—January 6, 2009—Page 2 Chairman Stephen Goldy noted that the Board had received an email from Dawn Folopoulos regarding the success of the Adopt-A-Family Program. Town Manager/Assistant Town Manager's Report The Town Manager gave the following report: • Downtown project—Lighting from Washington to Haven Street. • The alleyway brick work is done. • Christmas tree disposal. • Tree Lighting — The lights are being shut off this evening. Thanks to the Chamber of Commerce for sponsoring this display again this year. • Snow/Ice Budget is exhausted for the fiscal year. • Flu shots are still available. • Performance contracting process—Wednesday, January 7th, Monday, January 12th. • Tennis Courts • Boards, Committees and Commissions training — Ethics and Open Meeting Law — February 3rd. • Capital projects for stimulus package—Project requests due January 8th. • DPW Director hiring process. • The January YCC is now available on line on the Town website at www.readin=a.gov. Dates and Events: • February 3rd— Boards, Committees and Commissions training - • February 11 th—Financial Forum • March 3rd— Warrant closes for Annual Town Meeting Vice Chairman Ben Tafoya asked.that as part of the budget process, the Department Heads identify those work items or projects that we are doing today that offer no value to the community and we would be better off not doing. The Board asked for an update on what the items are that we are holding pending the identification of 9 (c ) cuts in the State Budget. Personnel and Appointments Conservation Commission - The Board interviewed Brian Sullivan and Brian Tucker for one position on the Conservation Commission with a term expiring June 30, 2009. On motion by Bonazoli seconded by Tafoya, the Board moved to place the following names into nomination for one position on the Conservation Commission with a term expiring June 30, 2009: Brian Sullivan and Brian Tucker. Brian Sullivan received one vote, Brian Tucker received four votes and Brian Tucker was appointed. Discussion/Action Items Hearing — Wood End School Driveway Circle as a Fire Lane.— The Secretary read the hearing notice. Present were John Lucan from the PTO and Principal Richard Davidson. Board of Selectmen Meeting—January 6, 2009—Page 3 The Town Manager noted that the school through its Safety Committee requested this regulation and the Principal of the school is in support. Principal Davidson noted that on January 26th, the School Department is going to a placard system at this school and that should help with traffic conditions. Board members noted that the Board of Selectmen need to do site visits but this proposal can and should move forward at this time. On motion by Bonazoli seconded by Anthony, the Board voted to close the hearing designating Wood End School driveway circle as a fire lane by a vote of 5-0-0. On motion by Bonazoli seconded by Tafoya, the Board of Selectmen voted to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Article 5, Section 4.4e, the following: Street Location Regulation Wood End School Traffic Circle No Parking Fire Lane The motion was approved by a vote of 5-0-0. Hearing—Two Hour and Employee Parking—South Side of Green Street between Main and Ash Streets—The Secretary read the hearing notice. The Town Manager reviewed the proposal which would establish the so called "blue zone" parking regulations as exist in other places in Town for this location. This will allow the parking spaces to be used for all day parking for employees, and also to be used by customers when all day parking is not in use. On motion by Bonazoliseconded by Schubert, the Board voted to close the hearing on parking regulations on Green Street by a vote of 5-0-0. On motion by Bonaozli seconded by Tafoya, the Board of Selectmen voted to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Appendix A-3b the following: TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS 8:00 a.m. to S:OO-p.m. (Monday through Friday) Green Street on the southerly side between Main Street and Ash Street The motion was approved by a vote of 5-0-0. Joint Meeting with CPDC re: OR or other Downtown Zoning— Consultant Chuck Eisenberg and Eleanor White were present along with CPDC Chairman David Tuttle and CPDC members and Associates Nick Safina and George Katsoufis. Board of Selectmen Meeting=January 6, 2009—Page 4 The Town Manager noted that the purpose of tonight's discussion was to outline the proposed 40R District boundaries, and to get direction from the Board of Selectmen as to whether or not these boundaries should be modified and shrunk. Selectman Camille Anthony felt that all of the stakeholders should be invited to participate in review of this process including the Historical Commission and the business owners. She asked which buildings the Historical Commission's demolition delay covered and what additional ones should be covered. There are no particular concerns with the issue of four story buildings. The Board generally supported the smaller 40R District boundary, and further moving the process for a Special Town Meeting perhaps in May or June. If the Town wants to expand the 40R District at a later date to cover the entire area of the Downtown Business B District, they can do so. Continued Hearing — Liquor Policies — The Secretary read the notice of the Liquor Policy. hearing. This hearing was continued from its initial date of December 16, 2008. Using the overhead projector with the red line Liquor Policy amendments, the Town Manager reviewed the policy section by section. Chairman Stephen Goldy noted that the reason why we are reviewing the policy is because it has been some time since they have been adopted, the community has changed, and we have made a commitment to review all policies as part of our RCASA grant from SAMHSA. There was discussion on a number of areas including Section 3.2.1.6 Duty to Perform — What happens if a restaurant is closed for more than 20 days because the owner is on vacation. It was noted that the Board of Selectmen can approve this with prior approval granted, and that the Board may waive it under certain defined circumstances. Section 3.2.1.8 Alcohol Policy for Staff While Serving— The question was raised as to whether or not employees could "participate" in wine tastings. With regard to consuming alcoholic beverages after the official closing hour, the Town Manager pointed out that this is a matter of law. 3.2.1.9 Alcohol Manager Serving Training — Concern was expressed about the three month requirement for training(versus the six months as is the current requirement). 3.2.1.20 Hours of Operation — A comment was made that clubs are allowed to be open much later than restaurants, and that perhaps restaurants should be open the same number of hours. 3.2.2.5 Orderly Closing — There was a great deal of discussion on the issue of orderly closing. Comments were made by representatives of the Chamber of Commerce that they understood that orderly closing meant that they could not serve any drinks after the legal closing hour (12 midnight for restaurants) but patrons could be on the premises at a later time finishing their drink and meal. There was lengthy testimony as to the importance of being able to operate in this manner, and that it is important to be able to serve alcohol up to the closing hour, and not have a "last call" 15 minutes before the legal closing hour. Board of Selectmen Meeting—January 6, 2009—Page 5 Selectman Richard Schubert suggested the following: Food service should be available until midnight or until the restaurant is scheduledto close, last call should be at midnight. All glasses, bottles, etc. containing alcohol should be off the table by 12:30 a.m., and all patrons should be off the premises by 1:00 a.m. The Town.Manager was directed to apply a draft of that in the regulations. 3.2.2.8 Services of Alcoholic Beverages Limited to Hours that Food Service is Provided — Questions were raised as to what a "full menu of food service" would be. The Venetian Moon Restaurant indicated that they serve a "tapest" menu until midnight which is the same items on the menu but smaller portions. There was a great deal of discussion on 3.2.6.2 that holders of special licenses must purchase their alcohol from a licensed Massachusetts wholesaler. The Town Manager noted that this is a matter of State law, and'the suggestion is that the Town should have a list of wholesalers available. The Board asked what would be the penalty for infraction by a special license holder. 3.2.7 Enforcement —This section is new. There was a lot of discussion as to whether or not the offenses should have a sunset clause on them so that if an offense occurred 10 years ago, it would not be dealt with the same as an offense that took place a year ago. The sense from the Board was that the section as written is appropriate. There was also discussion as to what the purpose of posting a notice would be, and the Town Manager noted that the Town would, probably print the required notice and give it to the licensee to post on the premises during the period of suspension. Agents of the Licensing Authority—There was a great deal of discussion as to whether or not the Town Manager should be an agent of the licensing authority. The Town Manager noted that he acts for the licensing authority in a number of occasions including the annual visit. The Board felt that this should stay as written. On motion by Bonazoli seconded by Schubert, the Board voted to continue the hearing to February 10, 2009 at 8:00 e m in order for the draft revisions to be made. These revisions will be emailed to the Chamber of Commerce and posted on the website. The motion was approved by a vote of 5-0-0. Establish Town Manager's Salary FY 2010 — The Board delayed establishing the Town Manager's salary until the meeting on Saturday, January 10, 2009. Lease Extension — Reading Ice Arena Authority— The Board signed the lease extension for the Reading Ice Arena Authority—no formal action was required. Approval of Minutes On motion by Tafoya seconded by Schubert, the Board voted to approve the Minutes of December 9, 2008 by a vote of 4-0-0. (Selectman Camille Anthony had left the room,) Board of Selectmen Meeting—January 6,2009—Page 6 On motion by Tafoya seconded by Schubert, the Board voted to approve the Minutes of December 16, 2008 by a vote of 44-0. On motion by Bonazoli seconded by Schubert, the Board voted to adiourn the January 6, 2009 at 11:15 p.m. by a vote of 5-0-0. Respectfully submitted, Secretary