HomeMy WebLinkAbout2008-06-24 Board of Selectmen Minutes Board of Selectmen Meeting
June 24, 2008
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, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter
Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Engineer
George Zambouras, DPW Director Ted McIntire, Town Counsel Ellen Doucette, Police Chief
James Cormier, Office Manager Paula Schena and the following list of interested parties: Wayne
Dwyer, Angela Fisher, Olive Hecht, Alice Armstrong, Mary Anne Kozlowski, Richard Junker,
Tracy Sopchak, Police Officer Richard Abate, Sgt. Detective Mark Segalla, Lt. Detective
Richard Robbins, Attorney Rubin, Daniel and Dan Busa.
Reports and Comments
Selectmen's Liaison Reports and Comments—Vice Chairman Ben Tafoya noted that he attended
the lighting ceremony at Joshua Eaton Clock Tower a couple of weeks ago. He indicated that
Friends and Family Day was great. He also noted that the pedestrian light at Pleasant Street was
not long enough for seniors to get across the street. He attended the Traffic Dummy Demolition.
He noted that the traffic going north on Main Street is backing up starting at Pleasant Street.
Selectman Camille Anthony noted that she had a water audit.today, and it was free through the
Water Department. She encouraged residents to take advantage of this free opportunity.
Selectman Richard Schubert noted that he attended the Friends and Family Day event.
Chairman Stephen Goldy noted that the Senior Center had an antique car show, and they have an
intergenerational kick off tomorrow with the Wii. The seniors will be starting a bowling league
using the Wii.
Public Comment — Wayne Dwyer of 61 Ash Street stated that he was riot happy with the
reconstruction plans for Gould Street from Atlantic up to Ash Street, and noted that more parking
spaces are needed. He requested that this item be put on a Selectmen's agenda. The Town
Manager noted that the intent is to have curbing on both sides of the street and a sidewalk on one
side.
Angela Fisher of 45-47 Gould Street noted that she owns the four family on Gould Street. She
also noted that the side was always used for parking. If the Town puts in a 6" curb, that will be a
hardship for her and her tenants. She noted that there is parking for employees but not for
tenants. She also noted that the Town did not consult with the residents and the impact is
negative. Selectman Camille Anthony suggested a.site visit on July 9, 2008 at 5:00 p.m.
Board of Selectmen Meeting-June 24, 2008-Page 2
Town Manager's Report
The Town Manager gave the following report:
• Zip Trip was a success.
• Friends and Family Day—This event went very well this year. It was better than any other
year, as I remember. There were tons of people with lots of great stuff going on. I wanted
to recognize some of the people who really helped to make the day go smooth:
• John Davis and Skip Mansfield worked the hardest parts of the day setting up and
breaking down. This year they set up seven tents for Town departments, and
helped with chairs and pretty much anything else that was needed.
• The Water Department helped make water service happen for the-carnival which I
understand went well. .
• Our DPW crew for getting the grounds looking great, and getting all the great new !.
equipment out for people to check out.
• RMLD gave us all the electricity that we needed, and were very accommodating to
getting it up on temp poles.
• Reading Friends and Family Day Committee for their coordination of the event.
• Friends of Reading Recreation for paying for.the rental of a portable stage so all the
performers could be in the shade of the trees!
• Reading United Soccer Club for letting us borrow their liner to line the field.
• Dummy Demolition—Thanks to Maureen Knight for pulling this event together.
• Downtown Improvement Project
• Comcast Hearing—June 18th
• Paving—Sunnyside and Fairview Avenue, Colburn Road
• Birch.Meadow Drive Parking Regulation .
• Lightening Policy for recreation events
• Proposed Regulations—Conservation Commission
• Review of development status
• Tennis Courts
• Mosquito Spraying-Wednesday
• We have done a number of streets with a skim coat of pavement to help hold those roads
together for additional years until full and proper treatment.
• Finance Committee Appointments
• MMA Action-Alert
• Feedback on Trail
• News on Medicaid reimbursement to municipalities
Dates and Events
•Special Town Meeting—June 30th
•Next Board of Selectmen's Meeting—July 8th
•Site Walk—Birch Meadow—July 9th at 5:30 p.m.
Personnel and Appointments
Animal Control Appeals Committee—There were no applicants.
Board of Selectmen Meeting_June 24 2008—Page 3
Board of Cemetery Trustees—The Board interviewed Olive Hecht for one position on the Board
of Cemetery Trustees.
Tafoya moved and Anthony seconded to place the following name into.nomination for one
position on the Board of Cemetery Trustees with a term expiring June 30, 2011: Olive
Hecht Ms Hecht received four votes and was appointed.
Community Planning and Development Commission — Tafoya moved and Anthony seconded
to place the following names into nomination for two positions on the Community Plannin
and Development Commission with terms expiring June 30 2011: John Sasso and David
Tuttle Each candidate received four votes and were appointed.
Tafoya moved and Anthony seconded to place the following name into'nomination for one
Associate position on the Community Planning and Development Commission with a term
expiring June 30 2009: George Katsoufis. Mr. Katsoufis received four votes and was
appointed.
Conservation Commission — Selectman Ben• Tafoya noted that Will Finch is leaving the
Commission after serving 10 years.
Schubert moved and Tafoya seconded to place the following name into nomination for one
position on the Conservation Commission with a term expiring June 30 2011: William
Hecht Mr. Hecht received four votes and was appointed.
Cultural Council — The Board interviewed Alice Armstrong for one position on the Cultural
Council.
Tafoya moved and Anthon seconded to place the following name into nomination for one
position on the Cultural Council with a term expiring June 30, 2011: Alice Armstrong.
Ms Armstrony,received four votes and was appointed.
Recreation Committee— Mary Anne Kozlowski indicated that she wants to be reappointed as a
full non-school member since her children are no longer in school. The Board directed the Town
Manager to send a letter to the School Committee requesting that they appoint Beth Claroni as
their representative on this Committee.
Anthony moved and Tafoya seconded to place the following names into nomination for two
positions on the Recreation Committee with terms expiring June 30, 2011: Christopher
Cam bell and Mary Anne Kozlowski. Each candidate received four votes and were
appointed.
Anthony moved and Tafoya seconded to place the following names into nomination for two
Associate positions on the Recreation Committee with terms expiring June 30,2009: Beth
Claroni and Eric Hughes Each candidate received four votes and were appointed.
Board of Selectmen Meeting—June 24, 2008—Page 4
RMLD Citizens Advisory Board — The Board interviewed Richard Junker and Tracy Sopchak
for one position on the RMLD Citizens Advisory Board.
Tafoya moved and Schubert seconded to place the following names into nomination for one
position on the RMLD Citizens Advisory Board with a term expiring June 30, 2011:
Richard Junker and Tracy Sopchak. Ms. Sopchak received four votes and was appointed.
Town Counsel — A motion by Tafoya seconded by Anthony to reappoint the firm of
Brackett & Lucas as Town Counsel with a term expiring June 30, 2009 was approved by a
vote of 4-0-0.
Trails Committee — Tafoya moved and Schubert seconded to place the following name into
nomination for one position on the Trails Committee with a term expiring June 30, 2011:
Alan Rosh. Mr. Rosh received four votes and was appointed.
Tafoya moved and Anthony seconded to place the following name into nomination for one
Associate position on the Trails Committee. with a term expiring June 30, 2009: Susan
Giacalone. Ms. Giacalone received four votes and was appointed.
West Street Historic District—There were no applicants.
Discussion/Action Items
Review Warrant for Special Town Meeting— The Town Manager reviewed the Warrant for the
Special Town Meeting. He noted that Article 5 will be postponed, and Article 7 is clarification
of a Zoning By-Law.
A motion by Schubert seconded by Tafoya to recommend the subject matter of Article 3 of
the 2008 Special Town Meeting Warrant was approved by a vote of 4-0-0.
A motion by Anthony seconded by Tafoya to recommend the subject matter of Articles 4,
6, 8, 9, 10 and 11 of the 2008 Special Town Meeting Warrant was approved by a vote of 4-
0-0.
Engineering Study—Bancroft Avenue and Hartshorn Street—Town Engineer George Zambouras
reviewed the engineering study that was done on Bancroft Avenue and Hartshorn Street. He
noted that there is a problem with the stopping sight distance, and the stop sign is set back too
far. There are also hedges that restrict the sight distance.
Selectman Camille Anthony noted that there is a tot lot with small children crossing the street,
and she asked why there was not a crosswalk. The Town Engineer noted that crosswalks and
stop signs do not control speed, only enforcement does, and he proposes to relocate the stop sign,
Vice Chairman Ben Tafoya noted that he would like a recommendation on traffic calming before
putting a stop sign. The Town Manager indicated that he will come back to the Board with
recommendations.
Board of Selectmen Meeting—June 24 2008—Page 5
Chairman Stephen Goldy suggested moving the stop sign forward and adding a crosswalk. Police
Chief Jim Cormier noted that there are crosswalks all over Town without stop signs and they are
effective.
The Town Manager suggested a high visibility warning sign. Chairman Stephen Goldy directed
the Town Manager to give notice to the home owner that the Town will trim the hedge if they
don't.
Hearin_gWater, Sewer and Stormwater Enterprise Rate—The Secretary read the hearing notice.
Public Works Director Ted McIntire was present. He reviewed the water and sewer reserves. He
noted that we must bill $5.5 million for water and $5.294 million for sewer, and he recommends
$36.88 for stormwater.
Chairman Stephen Goldy asked about the history of abatements, and Ted McIntire noted that
they were fess than$5,000 per year.
A motion by Anthony seconded by Schubert to close the hearing on setting the Water
Sewer and Stormwater Enterprise Rates was approved by a vote of 4-0-0.
A motion by Anthony seconded by Schubert to set the utility rates effective with the first
billing after July 1,2008 effective with the first billing on September 10 2008 as follows.
Water Rates: $7.65 per 100 CF with a quarterly minimum of$15.30
Sewer Rates: $7.59 per 100 CF of water used with a quarterly minimum of
$15.18
Stormwater Management Rates: $36.88 per one and two family dwellings
and'per 2552 SF of impervious area for
all properties other than one and two
family dwellings
The motion was approved by a vote of 4-0-0.
Hearing—Liquor License Infraction—The Secretary read the hearing notice.
Town Counsel Ellen Doucette was present. Also present were Police Officer Richard Abate,
Sgt. Detective Mark Segalla, Lt. Detective Richard Robbins, Attorney Rubin representing Busa's
Liquors, Inc., owner Daniel Busa and Assistant Manager Dan Busa.
Notary Paula Schena swore in all of the witnesses.
Lt. Detective Richard Robbins indicated that this was a special assignment on May 31, 2008.
The Officers were patrolling for youths trying to purchase or get someone to buy for them. They
concentrated on three stores— Busa's Liquors, Northside Liquors and Square Liquors. The
Officers observed in unmarked vehicles. From 4:25 p.m. to 6:00 p.m., 40 people entered Busa's
Liquors and two motor vehicles were stopped. From 6:30 p.m. to 7:15 p.m., one vehicle was
stopped that had the 19 year old from Maine.
Board of Selectmen Meeting—June 24, 2008—Page 6
Sgt. Mark Segalla noted that at 7:15 p.m., a green Ford Explorer with Maine plates and six
youths pulled into the parking lot. One person jumped out and the vehicle passed by and parked.
Wh en the young man came out of the store, Sgt. Segalla stopped him to check his ID. It was a
California driver's license so he asked him the zip code for California and the young man did not
know the zip code. He showed his real ID which indicated that he was 19 years old and lives in
Maine. The young man indicated he purchased the ID on the internet. Sgt. Segalla then spoke
.with Assistant Manager Dan Busa,who indicated that he scanned the ID and it came out okay,
Attorney Rubin asked if the young man has been summonsed to court yet, and Sgt. Segalla
indicated that he has but he has not appeared yet.
Town Counsel Ellen Doucette asked Sgt. Segalla if he confiscated the license, and Sgt. Segalla
indicated that he did and he ran a check that came back expired to someone else.
Selectman Camille Anthony asked if that information shows up on the liquor store scanner and
Sgt. Segalla indicated that it does not. Lt. Detective Richard Robbins noted that only four forms
of ID are acceptable and if the liquor store relies on them, then they avoid the risk of selling to
underage. Town Counsel noted that the ABCC requests that out of state ID's not be accepted.'
Vice Chairman Ben Tafoya asked if the liquor store scanner is just reading the strip and not
hooked up to a computer. Sgt. Segalla indicated that was correct.
Attorney Rubin noted that there are four forms of ID that they have to accept but do not have to
accept others. He also noted that Dan Busa relied on the scanner report. They have since
changed their policy on selling to people with out of state licenses. He is requesting that a report
of the incident be put in their file but that there be no reprimand because it was the error of the
machine.
Selectman Camille Anthony asked if it was their policy to ask for a Massachusetts license?
Attorney Rubin noted that only the Manager can make the determination for out of state licenses
and a second form of ID. Vice Chairman Ben Tafoya asked if the forms of ID will be the ABCC
e.
rquirements, and Attorney-Rubin noted that it is - anything other than that would be at their own
peril.
Owner Daniel Busa noted that he tries not to discriminate against people from out of state. The
Town Manager noted that to have a defense, it would have had to be one of the four acceptable
ID's. If not, then there is no defense. Attorney Rubin noted that this is a college state and most
package stores accept out of state ID's.
Vice Chairman Ben Tafoya indicated that he was stumped that the owner accepts out of state
licenses. If he was in Boston or Cambridge, he would understand but not here in Reading.
Attorney Rubin noted that there are colleges in the local area. He also noted that with the
exception of one other time, this is the first time that this has happened to Busa—they got fooled
by technology.
Board of Selectmen Meeting—June 24 2008—Page 7
Selectman Richard Schubert asked Town Counsel if they should wait until the criminal
proceeding. Town Counsel noted regardless of the scanner, they sold to a minor and the
Selectmen should not wait because the criminal proceedings can go on forever.
Chairman Stephen Goldy asked if there was any public comment and there was none.
A motion by Anthony seconded by Tafoya to close the hearing on the possible modification
of the All Alcholic Off Premises License for Busa's Liquors,Inc.was approved by a vote of
4-0-0.
The Town Manager noted that in the past 20 years, there have been three sales to minors in
Reading. The standard action was to suspend the license for three days.
Selectman Richard Schubert noted that he is leaning towards a short-term suspension. He also
noted that the ABCC puts out guidelines, and this would be the consequence of not doing an
adequate job as difficult as it is.
A motion by Tafoya seconded by Anthony that Busa's Liquors,Inc. be found in violation of
M.G.L. Chapter 138 S34 the sale of alcoholic beverages to a person under 21 years of age
on May 31, 2008 was approved by a vote of 4-0-0.
'Anthony moved and Tafoya seconded that Busa's Liquors,Inc be penalized with a two day
suspension for sale of alcoholic beverages to a minor on May 31, 2008. The motion passed
by a'vote of 3-1-0,with Goldy opposed.
Selectman Camille Anthony noted that the license looks altered, and is an out of state license—it
would have been easy to deny the sale.
Selectman Richard Schubert noted that he supports the motion but feels that three days would be
better.
Chairman Stephen Goldy noted that Busa's Liquors has stepped up and taken the RCASA Pledge
but he is a RCASA member and wants to send a message.
Vice Chairman Ben Tafoya noted that Busa's Liquors didn't do all that they could have. They
should have had a policy of not selling to people with out of state ID's. He also noted that the
out of state TD showed the young man was only 22 years old—he supports the motion.
_A motion by Schubert seconded by Anthony to amend the main motion to a three day
suspension failed by a vote of 2-2-0,with Tafoya and Goldy opposed.
Attorney Rubin noted that Busa's Liquors takes this very seriously. He also noted that the
message is only being sent to the owner, not the public. He noted that July 4t" would be the
worse time for a financial impact, and they are willing to give a donation to the Town.
Board of Selectmen Meeting—June 24, 2008—Page 8
A motion by Tafoya seconded by Anthony that the two day suspension take place on July
14th and July 15, 2008 and placement of a placard on the premises during the period of
suspension indicating the business is "closed due to a suspension of the liquor license for
sale of liquor to an underage person" was approved by a vote of 4-0-0.
Approval of Minutes
A motion by Tafoya seconded by Anthony to approve the Minutes of May 6, 2008 was
approved by a vote of 4-0-0.
A motion by Tafoya seconded by Anthony to adjourn the meeting of June 24, 2008 at 10:40
p.m. was approved by a vote of 4-0-0.
Respectfully submitted,
Secretary