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HomeMy WebLinkAbout2004-07-27 Board of Selectmen Minutes Board of Selectmen Meeting July 27, 2004 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 7:35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi, Town Counsel Joan Langsam, Superintendent of Schools Pat Schettini, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: John Greichen, Tom Ryan, Detective Michael Saunders, Christ Shomos,John Cullen,Richard Stuart, David O'Sullivan. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Joseph Duffy noted that he attended the Municipal Light Board Meeting on July 21, 2004. Superintendent of Schools Pat Schettini and School Committee Member Pete Dahl were present at that meeting to discuss the decrease in rates for the schools in the Summer. Selectman Duffy noted that he is not in favor of a decreased school rate if there will be an increase to residents. Selectman George Hines noted that the Selectmen approached the Light Board for a school rate for all year. The Town Manager noted that the commercial rate is appropriate for the municipal buildings because they are open all year but the schools are not open all year. The proposal is to raise the rates 1% and would save the School Department approximately 15%. A motion by Hines seconded by Anthony to send a letter to the Reading Municipal Light Board in support of a rate study that proposes establishing a school rate was approved by a vote of 5-0-0. The letter will also be copied to the Citizen Advisory Board and Fred Van Magness. Selectman Gail Wood noted that she attended a meeting with the Town Manager, Richard Schubert and the Recreation Committee regarding what role the Selectmen want the Recreation Committee to play in modifications. The Memorial Park Committee met. She also attended a meeting of the Longwood working group. She and Vice Chairman Camille Anthony met regarding the Route 93 Risk Assessment at the Ipswich River. Chairman Richard Schubert noted that the Coolidge Middle School 21st Century Distinction Award Celebration will be held on September 28, 2004 from 5:00 p.m. to 8:00 p.m. He also noted that the Town Manager is being recognized by the ICMA for 30 years of public service. Public Comment — Tom Ryan noted that this Selectmen's Meeting was more exciting than the Democratic National Convention. Board of Selectmen Meeting—July 27, 2004—Page 2 Town Manager's'Report The Town Manager gave the following report: ♦ The extensive preparations for the DNC appear to have paid dividends. As far as impact on Reading, the Police Department reports that Monday day shift activity was very light and in the evening shift, we had back-ups on Route 129 due to an accident on I-93 at Montvale Avenue. Other than that, things were quiet. We had no requests to respond to any traffic incidents on Route 128 or I-93. We kept two DPW crews on standby Monday evening. We will not do so for the rest of the week. We had a second ambulance on duty on Monday and also Tuesday daytime, but will return to regular status and staffing Tuesday evening. We will continue to be prepared and ready to respond to emergencies, but it appears that traffic will be at a level to allow us to operate with regular staffing levels. ® We understand informally that the Downtown Improvements Program is back on the TIP for FY 2006. This will allow us to complete the 75% design review with MHD, and get the project ready to go. It is our hope that we will be able to advance the schedule of the project. ® Summerfest will begin on Thursday evening, and will conclude on Saturday night with fireworks. The venue has been changed to the Imagination Station and street softball field area because of the RMHS construction. Fireworks will be set off from the Morton Field area and are possible thanks to a donation. ® Mosquito spraying will be Wednesday night at 6:00-8:30 p.m., Willow and West. ♦ On August 17, 2004, there will be a tour of the new school projects beginning at 6:00 p.m. We will meet at the Wood End School. This tour will be with the School Committee and FINCOM. 0 On August 18t", there will be a "Board Cutting" of the new Home Depot. The Lt. Governor will be present. ® We have received our final State Aid figures as well as our State Assessments. They total an improvement to the Town of Reading of $24,774. Our budgeting within a $61 million budget was pretty close. o The Coolidge Middle School has won the 21" Century School of Distinction Award for Overall Excellence. There will a ceremony on September 28th from 5:00 `til 8:00 p.m. (Note this is a change of date). 0 Reminder: September 22, 2004—Board/Committee/Commission training at Coolidge Middle School—jointly with Stoneham, 7:00 p.m. `til 8:30 p.m. ♦ The Home Rule petition to take the Police Chief's position out of Civil Service has been signed by the Governor and is now law. o We had scheduled a Town Counsel performance review session but had to cancel it. We will re-schedule. ♦ There are a number of other traffic issues besides those on the agenda this evening that we need to consider: Heavy Vehicles Exclusion on all streets on the north side of Lowell Street from Grove to Main—at least on a temporary basis during High School construction. ♦ Speed limits on South Street—we just got the recommendation in from MHD. e Directional limitations on Emerson and Dividence recommended by neighbors o One way around the island at the end of Sunset Rock Lane. ♦ Our new Senior Van is now on the road. The van was donated by 128 Ford, and was outfitted for our use by funds from the Burbank Trust Fund. Board of Selectmen Meeting—July 27, 2004—Page 3 + The long awaited railing on the walkway to the Senior Center has been installed -- thanks to Richard Cardillo's perseverance. + We are in the process of getting the generator installed at the Senior Center so that we can fully utilize the site as an emergency shelter. * Water line construction on Pleasant Street is being done now and for the next several weeks. It will tie into Main Street in advance of our Downtown Improvements Project. + Our street paving program has been disrupted by the Democratic National Convention, initially because all area paving crews were doing work in Boston, and then because of uncertainty about traffic this week but we are beginning to get back on track. Residents who received notice of the project should be aware that we are doing the paving, and we will get it completed as soon as we can. Personnel and Appointments Telecommunications and Technology Advisory Committee — The Board interviewed John Greichen for one position on the Telecommunications and Technology Advisory Committee. Hines moved and Duffy seconded to place the following name into nomination ation for one position on the Telecommunications and Technology Advisory Committee with a term expiring June 30, 2007: John Greichen. Mr. Greichen received five votes and was appointed. Audit Committee—The Town Manager noted that the Selectmen need to appoint someone to the Audit Committee. Wood moved and Hines seconded to place the following name into nomination for one position on the Audit Committee with a term expiring June 30, 2007: Camille Anthony. Mrs.Anthony received five votes and was appointed. Discussion/Action Items Review of Water Supply Issues Re: MWRA BU- —Public Works Director Ted McIntire and Water Treatment Plant Supervisor Peter Tassi were present. The Town Manager noted that were granted a 30-day extension on the comment period, but didn't have a chance to meet with the MWRA until yesterday. He suggests asking for another 90 day extension to iron out the issues. Vice Chairman Camille Anthony asked what the concerns are, and the Town Manager noted how much water to take from where, under what conditions and when. The focus is on the restrictions that the Town will have, and he feels that the Town cannot give up their rights. The Town Manager noted that he would like to change the focus of the meeting to the Water Treatment Plant design. Ted McIntire noted that the cost differences in siding of a "L" shape building is about $500,000 more. Chairman Richard Schubert asked if the "L" shaped building is bigger, and Ted McIntire noted that it is not bigger, it is the cost of materials driving the cost up. Board of Selectmen Meeting—July 27, 2004—Page 4 Selectman George Hines suggested perhaps a combination of block and brick for the front and administration and metal for the rest. Ted McIntire noted that there are a number of options for material, and he needs to know what shape building they want. He prefers the"L"shape. Selectman Gail Wood noted that she had no problem with a rectangle building to save $500,000, and the shape doesn't affect the operation,wetlands, etc. Selectman George Hines noted that he won't buy into an additional cost just for the shape of the building. Vice Chairman Camille Anthony suggested modifying the rectangle with lines in the entry way. Chairman Richard Schubert noted that if the plain rectangle is built to last and does the job, then it is worth considering. He suggested meeting with CDM regarding an"L" shape design. The Town Manager noted that he prefers the "L" shape and finds it hard to believe that changing the shape of the building will increase the cost$500,000. Ted McIntire noted that he will be looking for funding at a Special Town Meeting in February for S" funding. Review of Maplewood Village LIP — John Cullen, Richard Stuart and David O'Sullivan were present. John Cullen noted that there basically were no changes to the plan except for some drainage changes. The Conservation Commission has issued an Order of Conditions. The Town Manager noted that the applicant has donated$12,000 to extend the sidewalk. Richard Stuart noted that the site is clean--he is just waiting for the written report. Hearing: No Parking 10:00 a.m. to 11:00 a.m. on school dam— The Secretary read the hearing notice. Superintendent of Schools Pat Schettini was present. The Town Manager noted that the School Department has held neighborhood meetings regarding traffic issues. No parking from 10:00 a.m. to 11:00 a.m. was suggested by the neighbors so kids won't park there all day. This could be long-term or short-term. The Town Manager noted that he is asking for the restrictions on Waverly and Hillside, and Birch Meadow to Arthur B. Lord Drive. Striping will be done for parking on Oakland to Main. There will be two hour parking at Imagination Station. Pat Schettini noted that a lot of people don't know they can park on Birch Meadow but once it is striped, they will park there. Board of Selectmen Meeting=July 27,2004—Page 5 Selectman George Hines suggested delegating to the Town Manager the authority to change the parking regulations as needed in the High School area instead of adopting permanently and to use temporary paper and plastic signs. A motion by Wood seconded by Anthony to close the hearing on No Parking 10:00 a.m.- 11:00 a.m. on School Days was approved by a vote of 5-0-0. A motion by Wood seconded by Hines to delegate to the Town Manager the authority to restrict parking on Oakland Road, Longfellow Road, Hillside Road, Waverly Road, Birch Meadow Drive, Parkview Road and Imagination Station parking'lot until December 31, 2007 was approved by a vote of 5-0-0. Hearing—Stop Intersections—The Secretary read the hearing notice. The Town Manager noted that most of these are related to the schools after meeting with the neighbors. Selectman George Hines noted that the developers should be required to put in signs. The Town Manager noted that the Selectmen need to approve the stop signs first. Selectman Hines noted that the developers can pay for the cost of the sign and installation. A motion by Hines seconded by Wood to close the hearing on the stop intersections was approved by a vote of 5-0-0. A motion by Wood seconded by Hines to amend the Town of Reading Traffic Rules and Regulations adopted on March 28, 1995 by adding to Article 6, Section 6.12, the following. regulation(sl• Street Location .Regulation Parkview Road Westbound at Oakland Road Stop Hartshorn Street Eastbound at Bancroft Avenue Stop Dividence Road Eastbound at Franklin Street . Stop Sunset Rock Lane Southbound at Franklin Street Stop Emerson Street Southbound at Franklin Street Stop Fox Run Lane Southbound at Franklin Street Stop Prospect Street Southbound at Woburn Street Stop was approved by a vote of 5-0-0. Hearing;—20 m.p.h. School Zones The Town Manager noted that the access to the new school at Sunset Rock needs to be posted as a school zone. Oakland Road also needs to be made a school zone. A motion by Wood seconded by Hines to close the hearing on 20 m.p.h. school zones was approved by a vote of 5-0-0. A motion by Wood seconded by Hines to amend the Town of Reading Traffic Rules and Regulations adopted on March 28, 1995 by amending to Appendix 14 the following regulation(s): "School Zone(s)20 m.p.h." Board of Selectmen Meeting=July 27, 2004—Page 6 Street Location Franklin Street Eastbound from 300 feet east of Sunset Rock Lane to 300 Feet west of Sunset Rock Lane and westbound from 300 feet west of Sunset Rock Lane to 300 feet east of Sunset Rock Lane Sunset Rock Lane North and southbound for its entire length Oakland Road North and southbound for its entire length was approved by a vote of 5-0-0. Hearing. Package Store License—Square Liquors—The Secretary read the hearing notice. Town Counsel Joan Langsam,Police Detective Michael Saunders and Christ Shomos were present. Joan Langsam suggested that the Police put forward their evidence. She noted that the minor was not available but hearsay is allowed. She then suggested that the Selectmen and licensee question the Police and then allow the licensee to give his rendition. Selectman Gail Wood asked if an appeals process was available, and Joan Langsam indicated that there was to the ABCC. Detective Saunders noted that on June 22, 2004,he and Detective Flynn.conducted an inspection of three local package stores--Northside Liquors,Reading Liquors and Square Liquors. They gave a minor $10.00 to.purchase alcohol at Northside Liquors but the cashier refused the sale when he couldn't produce identification for proof of age. The underage person attempted to purchase alcohol at Reading Liquors but was refused the sale when he couldn't produce identification for proof of age. At approximately 7:55 p.m., the underage person purchased a 12 pack of Pabst Blue Ribbon beer at Square Liquors, exited the store and turned over the alcohol, change and receipt to the Detectives. The Detectives then approached the cashier James Burns and identified themselves as Reading Police Officers. They informed him of the underage sale he had made. He was informed that the local Licensing Authority (Town of Reading) would be notified and that criminal charges may be filed in Woburn District Court. Vice Chairman Camille Anthony noted that there was a discrepancy on the receipt regarding time. Detective Saunders indicated that this was noted. Chairman Richard Schubert asked how often the inspections took place and if the ABCC conducted inspections. Detective Saunders noted that this was his first time, and he knows that the ABCC does check on clubs but he wasn't sure if they did package stores. I Board of Selectmen Meeting—July 27, 2004—Page 7 Selectman George Hines asked what the extent of underage drinking was, and Detective Saunders indicated that it is out there. Joan Langsam asked if the individual who sold the liquor was an owner of the store. Detective Saunders indicated that he was a co-owner. Chairman Richard Schubert asked Christ Shomos if he wanted to question the Police, and he indicated that he did not. The Town Manager made note of the material in the Selectmen's packet as being the following: A copy of the hearing notice; letter served to Christ Shomos by a Constable; email dated July 2, 2004; investigative report dated July 7, 2002; email to Chief Silva dated July 2, 2004; email from Town Counsel dated July 6, 2004; memo from Lt. Patterson dated July 15, 2004 noting material supplied by licensee; letter from Christ Shomos regarding notifying Police of minors attempting to purchase alcohol; Police log from August 23, 1993; updated letter to Board of Selectmen; memo from Lillian Marino; letter to the previous licensee; June 11, 1991 Board of Selectmen Minutes. Christ Shomos noted that this should not have happened -- it was a lapse of memory. He also noted that he has notified the Police many times of minors trying to purchase. Vice Chairman Camille Anthony asked how long Mr. Burns has been a co-owner, and Mr. Shomos indicated four years. Mrs. Anthony noted that there was a lot of activity on the Police log report during a certain period, then a long break. Mr. Shomos indicated that was due to the fact that they built up a reputation for not selling to minors. Mrs. Anthony asked if Mr. Burns was trained, and Mr. Shomos indicated that he receives training every three years. Selectman George Hines asked if there were other cases not on the report, and Mr. Shomos noted that he had a couple of phony licenses and he also turns down out of state licenses. Selectman Gail Wood noted that Mr. Shomos purchased the business in 1996 and changed location in 1998. Mr. Shomos indicated that was incorrect, that he purchased the business in 1993. Selectman Wood asked what was his procedure for carding, and Mr. Shomos indicated that if they don't look at least 35 years of age;then they card. Joan Langsam asked why the cashier didn't card this person. Mr. Shomos indicated that he had no explanation. The cashier was working a 13 hour shift and it must have slipped by him. Selectman Gail Wood asked if the Police had any recommendations. Detective Saunders indicated that they did not, and noted that they never have any problems at that location and didn't expect this to happen. Selectman Gail Wood asked Detective Saunders how often checks are done, and Detective Saunders indicated approximately every six years. Board of Selectmen Meeting_July 27, 2004—Page 8 Selectman George Hines noted that the Minutes from the 1991 Selectmen's hearing indicated that the sting was initiated because the word was out that.liquor could be bought in Reading. Detective Saunders noted that this was not the case this time—it was just routine. Joan Langsam asked how old the minor was, and Detective Saunders indicated that the minor was 19 years of age. Christ Shomos noted that he spoke with the ABCC and they noted that if the licensee has been in business for a long time and this was the first offense, they would just give a warning. Then if it happened again, they would suspend the license. The Town Manager noted that the Town has not had many of these incidents but all that we have had resulted in a three day suspension. The Board can discuss.what three days to suspend. Mr. Shomos indicated that Uptown Liquors sold to a minor and they didn't lose their license. Detective Saunders indicated that this was not a sting operation — it was a matter of an Officer being in the store and seeing a minor purchase alcohol, and was handled through the courts. The Town Manager noted that in 1991, Meadow Brook Golf Club, Reading Liquors, P & B Liquors d/b/a/ Square Liquors and Uptown Liquors all sold to minors and their licenses were suspended. Selectman Joseph Duffy asked how old is Mr. Burns, and Mr. Shomos indicated that he is 37 years old. Vice Chairman Camille Anthony noted that she is concerned that clerks are working 13 hour shifts. She also noted that everyone who has a liquor license knows that they have to be responsible. She further noted that it is a criminal offense to sell liquor to minors and she suggests a three day suspension. .Selectman George Hines noted that back in 1991; the Chief of Police spoke with the ABCC and they suggested a three day suspension for selling to minors. He doubts that the ABCC has changed their outlook since then. The Town Manager asked Mr. Shomos what days he was open and what were his busiest days. Mr. Shomos indicated that Monday and Tuesday were his slowest days. A motion by Hines seconded by Anthony to close the hearing oii the possible modification suspension or revocation of the package store license for Square Liquors, 13 High Street was approved by a vote of 5-0-0. A motion by Hines seconded by Anthony to suspend the liquor license for Square Liquors on August 10, 11 and 12, 2004 was approved by a vote of 5-0-0. A motion by Wood to propose a Monday,Tuesday or Wednesday was not seconded. A motion by Haines seconded by Anthony that if the suspension is appealed, it will take place the Tuesday, Wednesday and Thursday immediately following action by ABCC was approved by a vote of 5-0-0 Board of Selectmen Meeting—July 27, 2004—Page 9 Election Location—The Town Manager noted that at the last Selectmen's meeting, he suggested using Building E at Addison-Wesley for the next three elections. He went through the building with the Town Clerk and it is well suited. We will have to do some work but it has adequate parking, lighting, etc. We will need to get air conditioners for the September Election. A motion by Hines seconded by Anthony to approve the location of the E building of Addison/Wesle �jongman on Jacob Way as the voting place for the following Elections: State Primary—September 14,2004 Presidential Election—November 2 2004 Town Election—April 5, 2005 subject to the conditions that a handicap route be established, a traffic and pedestrian access plan be submitted showing how traffic flow and overflow will be handled and that the sign holder area be designated was approved by a vote of 5-0-0. Approval of Minutes A motion by Wood seconded by Anthony to approve the Minutes of June 29, 2004 was gpproved by a vote of 5-0-0. A motion by Wood seconded by Hines to approve the Minutes of July 10, 2004 was approved by a vote of 5-0-0. A motion by Wood seconded by Anthony to approve the Minutes of July 13, 2004, as amended,was approved by a vote of 4-0-1,with'Hines abstaining. A motion by Wood seconded by Anthony to approve the Executive Session Minutes of July 13,2004 as submitted was approved on a roll call vote with Schubert, Anthony, Wood and Duffy voting in the affirmative and Hines abstaining. A motion by Hines seconded by Anthony�journ the meeting of July 27, 2004 at 10:55 p.m. was approved by a vote of 5-0-0. Respectfully submitted,At, "x _� Secretary