Loading...
HomeMy WebLinkAbout2005-12-20 Board of Selectmen Minutes Board of Selectmen Meeting December 20,2005 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 Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Erich Schultz, Christine Brungardt, Attorney Brad Latham, Jim Boland,Bill Toppi, Scott Miller, Bruce Cerullo, Beth Klepeis, John Daly,Dana Hennigar. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Richard Schubert noted that the Board received an e-mail from Bill Carrick regarding alcohol at the Atlantic Mart. The flyer talks about one side of the issue and claims that drinking alcohol boosts the growth of brain cells. Vice Chairman Schubert also noted that Atlantic has a different audience than a liquor store and this is telling kids that it is okay to drink. He suggests that the Board write a letter to Atlantic. The consensus of the Board was to send a letter to Arnold Rubin. The Town Manager noted that in tonight's handout is a copy of a letter that the SA-PAC sent to Mr. Rubin inviting him and Chairman Camille Anthony to their next meeting. Selectman James Bonazoli handed out sample copies of a new evaluation form for the Town Manager. The status of goals will be sent to the Selectmen electronically. The Board discussed reviewing goals perhaps on a trimester basis. Chairman Camille Anthony noted that the Selectmen should do an evaluation of the Town Accountant to set goals for next year. Also, the Town Counsel review needs to be done. The Town Counsel review will be done the first meeting in May. The forms will be sent out to departments in April. Selectman James Bonazoli will be in charge of the Town Counsel's review. Public Comment — Erich Schultz presented the Board with two petitions signed by South Street residents who want the yellow line painted over and a speed study done. He noted that they want to reduce the speed from 30 mph to 25 mph but he was told that this is a State issue. The Town Manager noted that the line painting was a mistake. The New England Winter will make it fade and he will revisit it in the Spring. It is a water based paint and won't last long. He also noted that the State did a speed study in 2004, and the Board of Selectmen accepted it. The Police can do selective enforcement. Mr. Schultz asked if there is an appeals process through the State, and the Town Manager noted that legislators don't want to get involved in setting speed limits. Board of Selectmen Meeting—December 20, 2005—Page 2 The Assistant Town Manager asked if the development of Spence Farm has an input, and the Town Manager indicated that he did not know but could do a study when the project is done. I The Town Manager's Report The-Town Manager gave the following report: Arbor Day Proclamation—Required as part of the Tree City Program. o We now have a new snow dump, thanks to our colleagues at Camp Curtis Guild. We appreciate their working with us on this matter. o The Wood End School audit is complete and reimbursement will be made in early January in time to avoid us re-issuing the BAN for the school. - ♦ I have included in your packet information on a proposed street light at Hunt Park for playground security. If the Board has no objections, we will go ahead with the installation. o I would like to confirm my understanding of the Board's agreed upon process with regard to the Solid Waste Advisory Committee. I would like to have the existing committee dissolved, and to set up an ad hoc working group to work with staff on the bid for trash collection and recycling, and to make recommendations on how to improve our recycling program. The ad hoc group could include the remaining members of the SWAC as well as a representative of the FINCOM and, hopefully, a resident expert in marketing. Health Insurance bids are "on the street" with bids due back on January 3rd. The bids will then be evaluated by the consultant and with the Task Force. We will be transitioning from a March 1 st renewal date to a June 1 st renewal date. The two storms this year have been challenging. We are working with the Principal at Wood End School to make sure we are doing the appropriate sidewalk plowing and other work. We are also revising our policy regarding sanding of sidewalks so that in particularly icy situations like last week, we will be sanding or salting in the immediate areas of the schools where we can do this from a truck. Snow plowing and ice control. ♦ The RMLD has informed us of the potential for rolling blackouts due to shortages of natural gas. Town staff has put together a process to use in the event that we experience such a situation. We will not have enough notice to allow us to notify residents directly. The duration would be no more than 30 minutes per"zone." 0 Lighting Process — Walkers Brook Crossing. We have received a proposal from the developer to replace certain lights in the Jordan's parking lot with shoe-box fixtures, and to place shields on others. Out lighting consultant has reviewed the proposal and wants to conduct some field work prior to giving his opinion as to the effect of the changes. That will be arranged within the next couple of weeks. Additionally, we have received the materials from Jordan's regarding their fagade and its illumination, and have sent that to our code review company for them to make a determination on whether the existing situation meets code. ® If the Board of Selectmen has questions for the DEP re: Water supply, it would be helpful to get those questions soon so we can get the necessary agencies together to review the situation. The Assistant Town Manager noted that he contacted the MSBA regarding the High School reimbursement, and the MSBA was more than flexible. We borrowed $35 million and need another$20 million. They will pay us the money they owe us in early January so we won't need to bond for the $20 million. Board of Selectmen Meeting—December 20, 2005 —Page 3 Selectman James Bonazoli reminded the Board that the Solid Waste Advisory Committee is not functioning due to a lack of membership and suggested that the Committee be disbanded. A motion by Schubert seconded by Bonazoli to dissolve the Solid Waste Advisory Committee effective December 20, 2005 was approved by a vote of 5-0-0. Proclamations/Certificates of Appreciation Proclamation — Arbor Dav — Chairman Camille Anthony requested a report from the Tree Warden as to the number of trees taken down and replanted. She suggested having Bob Keating do the highlights in April. A motion by Duffy seconded by Schubert to declare April 29, 2005 as Arbor Day in the Town of Reading was approved by a vote of 5-0-0. Discussion/Action Items Review Action Status Re ort— Chairman Camille Anthony asked that each Selectmen highlight their action status at the January 9, 2006 meeting. Resolution in Support of Debt Service Funding for Sewer S ste — The Town Manager noted that Joseph Favoloro did a presentation regarding sewer debt relief and how State Aid has eroded. Selectman Ben Tafoya noted that on Page 4b3 of the packet was a fact sheet and indicates that 10% of the rate is what the government used to pay. A motion by Tafoya seconded by Schubert to approve the resolution in support of increased funding for the Commonwealth Sewer Rate Relief Fund was approved by vote of 5-0-0. Review Audit Management Letter—The Town Manager noted that he received the management letter from the Audit Committee and this will be put on a future Selectmen's agenda. Chairman Camille Anthony noted that the auditors remarked that the Town of Reading is a well run town. Hearing— Liquor License — Fuddruckers — The Town Manager noted that this is an application for an all alcoholic restaurant license, and it is the only license available to a restaurant of this size. Attorney Brad Latham was present representing The Boland Group. He noted that this is a limited liability company that is family owned. They have experience in running an establishment. The restaurant is not designed to have a sit down bar. An ID for age for alcohol will be asked for, and then the alcohol will be served at the table. One of the conditions of his franchise is to have a liquor license. Attorney Latham had a letter of recommendation from the Chairman of the North Andover Board of Selectmen that he requested be read into the record. He also noted that there will be an on floor Dining Manager on each shift. There will be a lockable cage for alcohol in the walk-in refrigerator. There will be no .draft beer, carafes or pitchers. They see the openness to Jordan's as a positive feature. Board of Selectmen Meeting—December 20, 2005 —Page 4 Vice Chairman Richard Schubert asked if Jim Boland is the Manager. Mr. Boland was present and indicated that he supervises the restaurant Manager, and will be at this restaurant around three days per week. Vice Chairman Schubert also asked if any of his other restaurants have an open area, and Mr. Boland indicated that they do not. Chairman Camille Anthony asked if the side door will always be locked, and Mr. Boland indicated that it will. The side door will be used as an exit door. Selectman James Bonazoli asked if the beer and wine will be in containers, and Mr.-Boland indicated that he will use a stanchion for the beer and wine. The alcohol will be taken out of the fridge and then delivered to the table. All alcohol will be locked up at night. Selectman Ben Tafoya asked about the Fuddruckers in North Andover, and asked if it was a stand alone restaurant. Mr. Boland indicated that it is an end cap on a strip mall. Selectman Tafoya asked if Mr. Boland had any interest in getting a front door for the Reading restaurant, and Mr. Boland noted that Was designed to be open and available. Barriers will be put up when the restaurant is closed and the guests will leave through the side door. Selectman James Bonazoli asked if alcohol will be left out on the floor, and Mr. Boland indicated that it will not. Selectman Ben Tafoya asked if he allows people to buy just alcohol, and Mr. Boland indicated that he does but it doesn't happen very often. Selectman Tafoya asked if the customer who is drinking must be seated, and Mr. Boland indicated that they do. Selectman Tafoya asked if customers will bring their drink to the Automatic Amusement Devices, and Mr. Boland noted that he couldn't guarantee that. A resident of 28D Carnation Circle asked what is the difference between the full license and a beer and wine license. The Town Manager noted that beer and wine is only for restaurants that have under 100 seats. Bill Toppi of 14C Carnation Circle noted that he went to the Fuddruckers in North Andover and his impression was it is a sports bar serving hamburgers. He also noted that Jordan's has a big parking lot'and there are many children coming in and out. He doesn't see the need for a liquor license. Attorney Brad Latham noted that there is no television planned for this facility. It is not a sports bar. Mr. Boland noted that there isn't a television in the North Andover Fuddruckers. Scott Miller asked how many Jordan's facilities serve alcohol, and Chairman Camille Anthony indicated that she did not know. Mr. Miller noted that he feels this will be a clear and present danger for the community and asked if there is any regulatory oversight. Attorney Latham noted that there is no other license inMassachusetts that has more regulations and oversight than the liquor licenses. Board of Selectmen Meeting_—December 20, 2005 —Page 5 Selectman Ben Tafoya noted that there are outstanding issues with Dickinson and Jordan's. He read the lease and Jordan's gets a percentage of the proceeds from Fuddruckers so he will not support. He also doesn't like the openness of the restaurant that is serving alcohol. He only sees alcohol in closed facilities. Attorney Latham noted that Mr. Boland is a tenant and has no affiliation with Jordan's. Selectman Tafoya noted that the lease is in the packet and it states that Jordan's gets a percentage. Attorney Latham indicated that it is not right to make Mr. Boland pay the consequences for the landlord. He suggests testing for one year with conditions. Chairman Camille Anthony noted that Jordan's is receptive to the concerns, and Dickinson knows he is responsible for the parking lot lights. Selectman James Bonazoli noted that the delay in lighting is held up by our consultant and that the Board should look at this company on its own merits. He also noted that it is important to have lighting in the parking lot if alcohol is being served. Vice Chairman Richard Schubert noted that he had concerns about the open environment and asked if they looked at a restricted entry. Mr. Boland noted that his first reaction was that it needed to be opened up. He's trying to draw people into the restaurant.. It has never been an issue of children hanging out in the restaurant. Chairman Camille Anthony requested that he do landscaping in front of the main entrance as more of a barrier. Mr. Boland indicated that he will talk to Jordan's regarding planter boxes. Chairman Anthony noted that they could take out the tables or move them back if they don't waist to put up a barrier. A motion by Duffy seconded by Bonazoli to close the hearing for an all alcoholic license for The Boland Group, III, LLC &b/a Fuddruckers at 50 Walkers Brook Drive was approved by a vote of 5-0-0. A_ motion by Schubert seconded by Bonazoli to approve the "Alcoholic Beveraize License for Retail Sale of All Alcoholic Beverages as a Restaurant" for The Boland Group, III, LLC d/b/a Fuddruckers at 50 Walkers Brook Drive effective January 1, 2006 and expirinj . December 31, 2006 with the conditions that: All Bylaws, Rules and Regulations of the Town of Reading and the Commonwealth of Massachusetts will be followed; ♦ All alcohol is delivered to the seat by the employee; e No televisions or similar devices; s No carafes, pitchers—single serving only; ♦ Patron must be seated; ♦ There be no bar; e There be a barrier between the seating area and the main entrance or remove the tables; ♦ There will be no alcohol on the counter top. was approved by a vote of 4-1-0 with Tafoya opposed. Board of Selectmen Meeting—December 20, 2005 —Page 6 Request for Automatic Amusement Devices — Fudduckers — Chairman Camille Anthony noted that there are no Automatic Amusement Devices in Town except in private clubs. Mr. Boland indicated that the devices would be children's games. He is requesting 12 devices. He noted that every Fuddruckers in the country has amusement for children, except for the Fuddruckers at the airport. Chairman Camille Anthony noted that this issue will be put on an agenda in February. Report from Hospital Development Committee — Bruce Cerullo, Chairman of the Hospital Development Committee, was present. He noted that the Committee had previously presented to the Board that building a hospital is not feasible, and the Committee had also agreed that no bricks and mortar solutions are feasible. The Selectmen asked the Committee to go back and look at needy citizen versus all citizens, the definition of needy, and the cost of an assessment. Mr. Cerullo noted that the Committee feels that it is important to preserve the "principal" of the trust fund by spending the interest income earned except for extreme emergency like an outbreak of the Avian Flu. The Committee has not been able to agree on what the definition of needy is. Needy could be financially or need could be for drug rehab program in Reading. The Committee would like to invite the Selectmen into the process and consult with an attorney on how to make that determination. He suggests reforming the Committee and revising the mission. He noted that there needs to be 'a better mix of talent on the Committee. He also noted that Hallmark, Winchester Hospital, etc. were very helpful and the Board should not rule them out. He feels. that the Town would get more good from them then conflicts. Selectman James Bonazoli noted that they all saw no satellite need in Reading. Mr. Cerullo noted that they claim they are already in Reading and that urgent care and emergency stand alones are money losers. The Assistant Town Manager noted that the health care professionals were a great help, and he feels that we need to bring them into the group somehow. Chairman Camille Anthony noted that Commissioner of Trustees Members Beth Klepeis, John Daly and Dana Hennigar were present. Chairman Anthony asked when the Reading Response contract ends. Beth Klepeis noted that it is open ended until another contract is written. Chairman Anthony asked if they have gone out to bid, and Beth Klepeis noted that they did fairly recently and they stayed with the same vendor. She also noted that $25,000 was left to the Trust within the past couple of years by a person whose father was served by Reading Response. Extension4A pointment of Hospital Development Committee - The Town Manager noted that the Committee has already expired, and he suggests putting this on a future agenda with a revised mission. Review Potential Acquisition of Land—North Main Street—The Town Manager noted that there was a map in tonight's packet. The property owner of 1481 Main Street approached him regarding selling the property to the Town. The property abuts Bare Meadow and Open Land Board of Selectmen Meeting—December 20, 2005 —Page 7 Trust. The heirs are not financially well off to donate to the Town. He noted that the property has hills and is wooded. The value is $1.2 million and there are urban self help programs that could contribute 50% -70%. Chairman Camille Anthony asked about the timeline. The Town Manager responded that it would have to be considered at the Annual Town Meeting and then he would start the grant process. The property is suitable for open space and passive recreation and has a cabin on it. It would be good for cross country skiing and also make a good Boy Scout and Girl Scout facility. If we did this as a debt exclusion, then it would have to go on the ballot. If it was done as a capital exclusion,that would be a one time cost of$40 - $50 per household. Chairman Camille Anthony had concerns that the Town doesn't have enough money to put into the roads, etc., and noted that the Selectmen need to set priorities. The consensus of the Board was to conduct a site visit on Saturday, January 21, 2006 at 8:30 a.m. Review Addison — Wesley Process — The Town Manager noted that if a formal request for zoning comes in, then the Selectmen will send it to CPDC. He recommends making the meeting on January 17th a meeting for CPDC and the public to speak. He asked if the Selectmen want to discuss just the traffic or open it up to other things. Chairman Camille Anthony suggested starting with traffic, have Town's consultant present and be prepared to comment, and to get additional information that was requested. Selectman Ben Tafoya asked for a copy of the tax impact study. He also suggested drafting a letter to the developer asking them to withdraw their proposal because it is not acceptable to the Town. The consensus of the Board was to focus the meeting on the traffic study. Vice Chairman Richard Schubert noted that he is interested in the access and how it plays out for the Town. He would also like to know what other possibilities there are for the site. Selectman Joseph Duffy noted that the proponent is the same one that manages the Redstone Plaza and he is bothered by that. He feels that there are better uses for Addison-Wesley. Selectman Ben Tafoya noted that the Hingham facility has three means of egress and a truck route. When he visited there, the Police were directing traffic to the back of the mall for parking. The detail officer indicated that Hingham needs two more points of egress. Approval of Minutes A motion by Schubert seconded by Bonazoli to approve the Minutes of November 8, 2005, as amended,was approved by a vote of 5-0-0. Board of Selectmen Meeting—December 20, 2005—Page 8 A motion by Schubert seconded by Tafova to approve the Minutes of November 15, 2005 was approved by a vote of 5-0-0. I A motion by Schubert seconded by Tafova to approve the Executive Session Minutes of November 15, 2005 was approved on a roll call vote with all five members voting, in the affirmative. A motion by Schubert seconded by Tafova to adiourn the meeting of December 20, 2005 at 10:55 p.m. was approved by a vote of 5-0=0. Respectfully su ed, S�eivy %�� `