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HomeMy WebLinkAbout2009-04-28 Board of Selectmen Minutes Board of Selectmen Meeting April 28,2009 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, Recreation Administrator John Feudo, Town Counsel Ellen Doucette, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Dawn Cunningham, John Cronin, Everett and Virginia Blodgett, Angela Binda, Richard Conboy, Claire Paradiso, Nancy Linn Swain, Kathy Greenfield, Virginia Adams, Linda Mitchell, Arnold Rubin, Attorney Brad Latham, Mark Dickinson, Bill O'Brien. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that an RFP for design and construction drawings for the I-95/I-93 Interchange has been issued. One of the potential bidders invited him and Selectman Camille Anthony to tour South Street but they did not because it was not appropriate to participate in that process when the bidder didn't have the contract yet. Vice Chairman Ben Tafoya noted that the Friends of the Library House Tour is on May 3rd. He also noted that the Board received an email from Dick Nazzaro regarding the traffic pattern at Market Basket. He noted that only a small piece of land is needed to make an exit and he is willing to talk to the property owners. Selectman Camille Anthony noted that the Reading Art Association Show is this weekend. She attended a Trust Fund Commissioners' Meeting last week and they funded scholarships. Selectman James Bonazoli reminded residents that they should pick up after themselves at fields and parks. He noted that there will be a Spring Spruce Up with Walkable Reading on Saturday at 9:00 a.m. beginning at Coolidge Middle School and then head towards Birch Meadow. Public Comment—Bill Brown noted that there was only a 75% turnout for Town Meeting and a lot of the seats were filled by write-in votes. He suggested that the Board take a look at changing the Charter, and he offered to help with a Charter Commission. Town Manager's Report The Town Manager gave the following report: ® Downtown Project Update ® Tennis Courts 9 Swine Flu Board of Selectmen Meeting—April 28, 2009—Page 2 • Spring Spruce Up • Line Striping • Street Sweeping • Potholes and road conditions • Grant round for land acquisition • Application for MSBA partial funding for RMHS • Customer Survey results • Municipal Cabinet Meeting • Letter from Representative Brad Jones re: Transportation Reform Bill and prohibition of advertising on T property without local approval—bill is in Conference Committee. • MHD correspondence re: Hopkins and Main Street. • Town Engineer George,Zambouras spoke to Mr. Chen-Yuan Wang of Central Transportation Planning Staff this morning. He indicated to George that the Main and Franklin Street intersection is eligible under the states congested intersection program, and asked if we would like this to be considered. George explained the improvements we would like to see; i.e., crosswalks, HP ramps and left turn lanes, and about the meeting we had last year with MHD and Representative Jones. Mr. Wang felt the intersection had a reasonable chance of making it through the final list. They will be presenting the list of projects to the Transportation Planning and Programming Committee this Thursday. He will let me know the outcome ASAP., If it makes it through the final cut, they will be doing a traffic study in May. • Franklin Street Zoning Issue — Town Manager has offered to meet with the resident with Town Counsel and the Community Services Director. • 2010 Census • The Massachusetts Moderators Association has produced DVD presentations that explain, in lay terms, the workings of Town Meeting. The Representative Town Meeting DVD called "Voice of the People" premieres this Friday evening at Reading's Senior Center on Pleasant Street.. A reception will be held beginning at 7:00 p.m. with the 20-minute presentation shown:at roughly 7:30. The presentation is narrated by R.D. Sahl of NECN and also features moderators and Town Meeting members from around the State, including Reading. • Peek Into the Past: A Tour of Historic Reading Homes Sunday, May 3, 2009, 1:00—5:00 p.m. The Friends of the Reading Public Library, in partnership with the Reading Historical Commission, announce the 16th Annual House Tour, Sunday, May 3, 2009 1:00-5:00 p.m. Sponsored by Advancian Realty and Sawtelle House, the House Tour will raise funds for many programs and activities at the Library. Tickets are on sale now at the Library, $25.00 each, $20 for members of the Friends. • An evening with Mary McGarry Moms Thursday, May 7, 2009, 7:00-9:00 p.m. The Reading Public Library Foundation Helen A. Nigro Speaker Series is pleased to present an evening with best-selling author Mary McGarry Morris. Mary McGarry Morris is the author of many titles including A Hole in the Universe, Songs in Ordinary Time and Fiona Range. Her newest book, The Last Secret, is available at the Library. These titles will also be available for purchase at the circulation desk at the Library. Proceeds to benefit the Reading Public Library Foundation. Pick up your complimentary ticket at the circulation desk. Board of Selectmen Meeting—.April 28 2009—Page 3 Proclamations/Certificates of Appreciation Proclamation — Police Memorial Week — Chief Jim Cormier was present to accept the Proclamation. _A motion by Bonazoli seconded by Tafoya to proclaim May 10-16, 2009 as Police Memorial Week in Reading was approved by a vote of 5-0-0. Proclamation—Arbor DU—A motion by Bonazoli seconded by Anthony to proclaim May 1, 2009 as Arbor Day in the Town of Reading was approved by a vote of 5-0-0. Personnel and Appointments Community Planning and Development Commission — The Board interviewed Claire Paradiso for one position on the Community Planning and Development Commission. Tafoya moved and Bonazoli seconded to place the following name into nomination for one position on the Community Planning and Development Commission with a term expiring June 30, 2009• Claire Paradiso Ms Paradiso received five votes and was appointed. Discussion/Action Items Finalize "Code of Conduct"—The Town Manager noted that nine comments were received from the Boards, Committees and Commissions. He has made changes to address the concerns except for comment numbers 3, 5, 6 and 9. Chairman Stephen Goldy noted that regarding comment#5, this is not a policy, rule or bylaw so if it is violated, then it would be dealt with during the reappointment process. Chairman Stephen Goldy noted that regarding comment#9 of why this is necessary, he indicated that this is a good idea of what the Selectmen expect of the volunteers who are appointed. Selectman Richard Schubert noted that a lot of volunteers have no experience, so the guidance is useful. Selectman Camille Anthony noted that the second bullet under .Treatment of Public Staff is repetitive and the first sentence should be removed. The following sentence should have "or Board of Selectmen" after the Town Manager. Board members had concerns regarding the second bullet under Responsibilities, and it being perceived as stifling a person's freedom of speech. The Board directed the Town Manager to reword that bullet. The Town Manager will make the noted changes and bring this back to the Board to be finalized. Hearing = Washington Park Proiect — The Secretary read the hearing notice. Recreation Administrator John Feudo and Nancy Linn Swain were present. The Town Manager noted that the playground has been funded in FY 2010. The Committee made a recommendation to the Board of Selectmen and the Selectmen took it under advisement. Board of Selectmen Meeting_April 28, 2009—Page 4 There are unresolved issues of parking and removal of the wall. He noted that the proposal is to leave the archway, remove the stone wall and create diagonal parking. The Town Manager noted that emails were received from Joanne Gutierrez and Jason Peledge. Vice Chairman Ben Tafoya thanked the committee members and residents who worked hard on . the master plan. He noted that the ball field is being moved further away from homes and tilted. Selectman James Bonazoli indicated that he wanted to keep the wall, and he feels that people should be walking to the playground, not driving. The Town Manager noted that all parks are community parks and games are played on the field by people who don't live in the neighborhood. Vice Chairman Ben Tafoya indicated that the committee is looking for an alternative to parking on Warren Avenue and also trying to discourage illicit behavior. Kathy Greenfield, Chairman of the Historical Commission, noted that they met and discussed the wall. She noted that the wall was built in 1935 and was a Works Progress Administration (WPA) project. She also noted that the WPA created millions of jobs, and most communities in the country have a bridge or wall built by the WPA. She noted that the wall was sturdy and removing the wall will not eliminate social problems. Chief Jim Cormier noted that the illicit activity ebbs with the demographics of the neighborhood and most of the other parks are open. He indicated that opening up the purview would be helpful to the Police. Virginia Adams, member of the Historical Commission, noted that stone walls are the essence of New England culture and are a visible piece of history. Everett Blodgett of 99 Prescott Street noted that the problems with youth won't go away;,they'll just go somewhere else. He also noted that the archway needs the most work. He noted that if you invite more cars, then you invite more problems. Linda Mitchell of 32 Prescott Street noted that the playground that is there is in terrible condition: She also noted that the group did research and found out the wall was not historical. She noted that she finds empty beer bottles behind the wall, and she feels that the wall needs to come down. Angela Binda, member of the Historical Commission, noted that the WPA spent $11 billion on projects and that those projects are being restored. She also noted that Parker Tavern was restored and is part of our history. Dawn Cunningham of 32 Warren Avenue noted that she loves the wall. She also noted that too many cars are parking on Warren Avenue and she would rather have the cars parked on Washington Street. Board of Selectmen Meeting—April 28 2009—.Page 5 _ Richard Conboy of 35 Warren Avenue noted that the park gets a lot of use but could get greater use. He likes the plan and has fond memories of the wall but it doesn't add to the beauty of the park. A resident from 86 Washington Street noted that he likes the wall.and asked about the tree abutting the wall. John Cronin of 87 Washington Street noted that he abuts the park and noted that he likes the wall. Vice Chairman Ben Tafoya noted that the equipment in the playground is substandard, and a real sidewalk is needed on Washington Street. He also noted that public safety is the issue regarding the wall. The wall was built to provide dignified work for people but now it is time to open it up so people will use the park. Selectman James Bonazoli noted that he is in favor of the plan but not taking the wall down. Selectman Richard Schubert noted that he is in favor of keeping the wall. Chairman Stephen Goldy noted that the master plan was designed by the committee to address the concerns of the neighborhood. He suggests preserving the archway and addressing the concerns of the people living there today. A motion by Bonazoli seconded by Schubert to approve the Washington Park Master Plan minus the removal of the wall and angled parking was approved by a vote of 3-2-0, with Goldy and Tafoya opposed. Hearing—Revocation of Liquor License—Atlantic Food Mart— The Secretary read the hearing notice. Town Counsel Ellen Doucette, Arnold Rubin, Attorney Brad Latham, Mark Dickinson and Bill O'Brien were present. The Town Manager reviewed the items in the Selectmen's packet including a letter dated March 26, 2009 to Atlantic Food Mart, Inc. notifying them of the hearing, a copy of the liquor policy section that addressed the "Duty to Perform," a copy of the license, the Minutes from the November 18, 2008 Selectmen's Meeting when Mr. Rubin announced that his store was closing, an email regarding the inventory, a copy of the dissolution of Atlantic Food Trust and the dissolution of the Atlantic Food, Inc. The Town Manager noted that all establishments have a duty to perform, and they can't just hold a license. This license has not been used for approximately six months. Chairman Stephen Goldy asked why the license was renewed when Mr. Rubin indicated on November 18th that he was closing. Town Counsel noted that if Mr. Rubin had plans to transfer the license, then it was okay to renew. Board of Selectmen Meeting—April 28, 2009—Page 6 Attorney Brad Latham indicated that Mr. Rubin is requesting a 45 day delay. He noted that Mark Dickinson has a client who wants to purchase the license. He will request a transfer and move the liquor license to Walkers Brook Drive. Attorney Latham indicated that Mr. Rubin will sell assets. The contract is in place pending tonight's decision. Mark Dickinson, owner of Walkers Brook Shopping Center, noted that he closed the landfill. Linens & Things closed and that was his profit store. He also noted that there has been no interest in that location until a couple of weeks ago when someone indicated that they were interested in putting a package store there. He noted there are no liquor stores on that side of Town and there are two grocery stores across the street. Chairman Stephen Goldy asked the difference between a transfer and a new liquor license. Town Counsel noted that a transfer is easier for the licensee but the Selectmen are still in control. Town Counsel also noted that the Board should grant a reasonable amount of time to transfer the license. Revocation is a punitive action and they haven't done anything wrong. Arnold Rubin indicated that he has operated in a responsible manner. He has received many calls from people interested in the license but he wasn't impressed with any of them. He noted that Mark Dickinson has a good stature in the community, and he is requesting the 45 day extension. Chairman Stephen Goldy asked Mr. Dickinson if he will be operating the store, and Mr. Dickinson indicated that he didn't know that yet. Selectman Camille Anthony indicated that she thought a transfer had to be for the same location. Town Counsel noted that if he had lost the lease, then he would move and get a transfer. She noted that a liquor license cannot be "sold" but they can enter into a contract for a transfer. Town Counsel recommended that the Board get updates every week and get information as to what is going on. Selectman Richard Schubert noted that the Atlantic Mart location was key. It was one stop shopping and there should be an incentive to redevelop the.Atlantic site and use the license there. Selectman James Bonazoli noted that the Atlantic site is about two years away from development. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to continue the public hearing on the revocation of the Retail Package Goods Store for all Kinds of Alcohol not to be Drunk on the Premises license for Atlantic Food Mart to May 19, 2009 at 7:30 p.m. was approved by a vote of 5-0-0. Review Goals—Chairman Stephen Goldy suggested putting the goals in categories. Selectman Camille Anthony indicated that she feels the Board should be looking at functioning on a high level; i.e., look at the vacancies in Town Meeting. Board of Selectmen Meeting—April 28 2009—Page 7 Selectman Richard Schubert noted that the goals should match the Town's vision. He also noted that we are dealing with limited resources and the Board cannot change goals every year. He doesn't feel that the goals should be rewritten,just tweaked. The impact on staff also has to be considered. On motion by Tafoya seconded by Bonazoli, the Board voted to adiourn the meeting of April 28, 2009 at 10:30 a.m.by a vote of 5-0-0. Respectfully submitted, Y Secretary <�/