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HomeMy WebLinkAbout2009-02-10 Board of Selectmen Minutes Board of Selectmen Meeting February 10, 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 7:02 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazofi, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Police Chief Jim Cormier, RCASA Director Erica McNamara, Office Manager Paula Schena and the following-list of interested parties: Bill Brown, William Crowley, Dave and Coni Russell, Maureen Nash-Cole, Nancy and Wayne MacLeod, Attorney Josh Latham, R. W. Robbins, John Douglass, Rob Spadafora, John Murphy, Priscilla Gottwald, Irene Collins, Chad and Victoria Smith,Virginia Boermester, Nancy Linn-Swain, Pamela Adrian, Michele Williams, Pete Dahl. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert asked about the article in the newspaper regarding a cell phone tower disguised as a tree. The Town Manager noted that the article with the legal notice has been sent to Town Counsel for review. Selectman James Bonazoli noted that he, Selectman Camille Anthony and the Town Manager met at the Mattera Cabin. It has extensive water damage but no structural damage. The Vocational School is willing to take on the project, if we supply the materials. The Town Manager noted that the Town will have to raise funds for the furnace, materials and a plumber. Selectman Bonazoli asked about the timeline for Imagination Station, and the Town Manager indicated that he would get that information.. Vice Chairman Ben Tafoya thanked staff for their work for the Financial Forum. He inquired about the status of the MWRA water storage project. Selectman Camille Anthony noted that she had Office Hours this evening and 11 people showed up. There were representatives from the Trails Committee,Town Forest Committee and five dog owners who had concerns about a ball field going at the location of the former Water Treatment Plant. They are concerned because there was no discussion on this matter. The Town Manager noted that when the Water Treatment Plant was demolished, something had to be done with the hole that was left in the ground so the area was graded to a level area. He also noted that the Northern Area Greenway Committee put together a plan that included a ball field in that area. He will put this item on the next Selectmen's Agenda for an update and get the Northern Area Greenway Committee's plan. li Board of Selectmen Meeting—February 10, 2009—Page 2 Chairman Stephen Goldy noted that there will be a Valentine's Day Lunch at the Senior Center on Thursday at noon. Public Comment— Bill Brown noted that there are many vacancies for Town Meeting Members and suggested that the Town advertise the openings. Town Manager's Report The Town Manager gave the following report: • Snow/Ice Budget is overspent by approximately$600,000 this year. • Performance Contracting process—Audits are underway. • BCC training—Ethics.and Open Meeting Law—February 3rd—Good training in spite of bad weather. • DPW Director hiring process. • Calls and Questions-Anonymous doesn't help get questions answered - Scams "raising funds for the Town of Reading" - Downtown project - Health Insurance and GIC • Meeting on March 9th re: zoning amendment— Smart Growth—7:30 at Senior Center. • Town Meeting—April 27th • Stimulus Package requests • Reading's Finances: - FY 2009 - $393,000 in reductions to State Aid plus ancillary reductions - $1.2 million reductions in State Aid for FY 2010 - Budget process • Customer service survey is now available at all Town Offices and online on the website— www.readingma.gov. • An affordable housing unit at Sumner Cheney Place is available—cost is $234,200. • Next Board of Selectmen's Office Hours at 6:30 p.m. on March 3rd—Ben Tafoya Personnel and Appointments Animal Control Appeals Committee — The applicant was not present but was previously interviewed by the Board. Selectman James Bonazoli announced that this position on the Animal Control Appeals Committee was temporary and now that a qualified applicant has come forward, he will resign from that committee so the applicant may be appointed. Anthony moved and Tafoya seconded to place the following name into nomination for one position on the Animal Control Appeals Committee with a term expiring June 30, 2010: John Miles. Mr. Miles received five votes and was appointed. Economic Development Committee—The Board interviewed Michele Williams. Bonazoli moved and Anthony seconded to place the following name into nomination for one position on the Economic Development Committee with a term expiring June 30, 2010: Michele Williams. Ms. Williams received five votes and was appointed. Board of Selectmen Meeting—February 10 2009—Page 3 Discussion/Action Items Hearing 5.00 a m Opening — Dunkin' Donuts at 454 Main Street — The Secretary read the hearing notice. The applicant was not present. Pamela Adrian of 87 Ash Street indicated that she was against the early opening. She noted that is already too much truck traffic in the morning. The trucks come off of Main Street onto Green and Ash Streets and leave trucks idling. She also noted that if Dunkin' Donuts opens earlier, then the donuts will be delivered earlier, and they are delivered in a tractor trailer. She noted that Town vehicles are parking in the parking lot and letting the vehicles idle. A motion by Tafoya seconded by Anthony that the hearing for the early opening of Dunkin' Donuts at 454 Main Street be continued to March 17, 2009 at 9:00 p.m. was approved by a vote of 5-0-0. The Town Manager indicated that we will re-notice the hearing. Hear i g 5.00 a m Opening — Dunkin' Donuts at 273 Salem Street — The Secretary read the hearing notice. The applicant was not present. _A motion by Schubert seconded by Tafoya that the hearing for the early opening of Dunkin' Donuts at 273 Salem Street be continued to March 17, 2009 at 9:00 p.m. was approved by a vote of 5-0-0. Continued Hearing— Liquor Policies —Chairman Stephen Goldy stated that the draft policy was sent out to the Chamber of Commerce and the license holders. Training was done with a consultant,and the goal is to update the policies to be consistent with State guidelines. Chairman Goldy noted that there was an article in,the Chronicle entitled"Good Night Moon"that indicated the changes that the Board is considering are not good for businesses in town. He also noted that he was disappointed in the article and stated that the Selectmen are trying to set up a sustainable Downtown but they will not set policy for individual people or businesses. The Town Manager reviewed the proposed changes to the policy. He noted that there are two options for the orderly closing. He proposes selling up to the closing time at midnight. All glasses have to be cleared from the tables no later than 12:30, and everyone needs to be off the premises by 1:00 a.m. He indicated that this could either be across the board for everyone or it could be an exception. After much discussion between the Board members, the consensus was to have it in the policy for everyone. Selectman James Bonazoli requested that the Board consider closing the clubs at the same time as restaurants, and Chairman Stephen Goldy noted that was not originally proposed, and the clubs were not given notice of the change so it would have to be addressed at a later date. The Town Manager noted that Section 3.2.2.3 clarifies the language on toilet facilities. In Section 3.2.2.8, removal of alcohol is allowed by State law. For special licenses, we have a list of wholesale dealers and will supply the applicants with the list. Board of Selectmen Meeting—February 10, 2009—Page 4 The Town Manager noted that our consultant recommends removing the 3rd bullet on Page 3-14 regarding the "general reputation of the licensee and history of the licensed business." The Town Manager reviewed Section 3.2.8 regarding Police Details. He indicated that the Police detail does not check identification. Chief Jim Cormier noted that is correct. The Police detail is not a doorman, he is there to maintain peace and decorum. The Police detail can, however, check an ID if he suspects something is wrong. Some of the Board members had concerns about the language in Section 3.2.8 and after much discussion, it was determined to remove this section from the policy. The Board discussed Section 3.2.7.4 that authorizes the Town Manager as an agent of the Licensing Authority. Chairman Stephen Goldy noted that the Police and Fire Departments do their inspections, and the Town Manager also does an annual inspection. There was much discussion among the Board members regarding whether the Town Manager needed to be designated as an agent of the Licensing Authority. John Douglas, President of the Chamber of Commerce, indicated that it is not appropriate for the Town Manager to be an agent of the Licensing Authority. He feels that the annual inspection is important but he doesn't need to be designated as an agent. Rob Spadafora of 10 Corey Lane indicated that the Selectmen need to support the businesses. John Murphy from the Reading Co-Operative Bank indicated that the Town Manager is not the agent in other communities. Attorney Josh Latham, representing the Venetian Moon Restaurant, thanked the Board for doing a great job on the policies. Chad Smith of 517 West Street noted that chain store regulations can hurt businesses if it restricts. William Crowley, a Chamber of Commerce member, noted that business owners get a knot in their stomach when the Town Manager comes into their establishments. He feels that it creates an atmosphere of fear by making him an agent. He noted that anybody can walk into a business and report a violation. Pete Dahl of 16 Tennyson Road noted that the businesses need a cheerleader, not an enforcer. He feels that the Town Manager should be seen in a positive role. Irene Collins, Executive Director of the Chamber of Commerce, thanked the Board for allowing them-to be part of the process and sharing the information. A motion by Anthony seconded by Bonazoli to close the hearing on amending Section 3.2 of the Board of Selectmen Policies was approved by a vote of 5-0-0. Board of Selectmen Meeting—February 10, 2009—Page 5 A motion by Schubert seconded by Anthony to remove the words "Town Manager" in Section 3.2.7.4 and to add to Section 3.2.7.5 the following: "that the Licensing Authority assigns the responsibility of annual inspections of the liquor license holders to the Town Manager. These inspections will serve the purpose of reviewing and checking compliance with the Licensing Authority liquor policies" was approved by a vote of 4-1-0, with Tafoya opposed. A motion by Bonazoli seconded by Anthony to approve the amendments to Section 3.2 of the Board of Selectmen Policies, as amended, was approved by a vote of 4-1-0, with Tafoya opposed. Hearing— Transfer of Stock for the Emperor's Choice Restaurant — The Secretary read the hearing notice. The Town Manager noted that the Police and Health Departments reviewed the applications and have no problem with the transfer of stock. A motion by Bonazoli seconded by Anthony to close the hearing on the Transfer of Stock for the Emperor's Choice Restaurant, Inc, d/b/a .Emperor's Choice Restaurant was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Anthony to approve the Transfer of Stock for the Emperor's Choice Restaurant, Inc. d/b/a Emperor's Choice Restaurant was approved by a vote of 5-0-0. Review OR Process — Selectman Camille Anthony noted that she met with the Town Planner. , .CPDC will come up with schematics of Haven Street and get feedback from business owners. Chairman Stephen Goldy suggested having the Economic Development Committee do a survey. Selectman James Bonazoli noted that he told the EDC to hold the survey because CPDC is busy. Vice Chairman Ben Tafoya indicated that it is important not to confuse business owners with property owners. It was noted this will be discussed on March 9th at the joint meeting with CPDC. Vice Chairman Ben Tafoya noted that when the Historical Commission comes in on March 3rd to discuss the inventory of properties, the property owners should know that it is being discussed. Preview Warrant—Annual Town Meeting—The Town Manager noted that since the approval of Question 2 in November, communities are looking at a bylaw to make it a violation touse or consume marijuana on public property. Chief Jim Cormier and RCASA Director Erica McNamara indicated that this is the same as the alcohol public consumption issue. The Town Manager noted that Article 10 is an article from the Cemetery Board of Trustees requesting funding for a Cemetery Garage. Board of Selectmen Meeting—February 10, 2009—Page 6 Article 12 is establishing a stabilization fund for sick leave and vacation leave buyback. Article 14 is to transfer funds from the MBTE legal settlement into the water fund. Article 16 is debt authorization for the energy and water conservation improvements. Article 18 is the bylaw for snow and ice removal by commercial property owners. Article 19 is a zoning amendment to reduce the required setback in commercial districts on south Main Street to 50 feet. Approval of Minutes A motion by Anthony seconded by Bonazoll to approve the Minutes of January 6, 2009 was approved by a vote of 5-0-0. A motion by Antony seconded by Bonazoll to approve the Minutes of January 10, 2009 was app-roved by a vote of 5-0-0. A motion by Anthony seconded by Tafoya to approve the Minutes of January 20, 2009 was approved by a vote of 5-0-0. A motion by Anthony seconded by Tafoya to approve the Minutes of January 27, 2009 was approved by a vote of 5-0-0. A motion by Tafoya seconded by Anthony to approve the Executive Session Minutes of January 6, 2009, as written,was approved on a roll call vote with all five members voting in the affirmative. A motion by Anthony seconded by Bonazoll to adiourn the meeting of February 10, 2009 at 10:18 p.m.was approved by a vote of 5-0-0. espectfully submitted, Secretary