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HomeMy WebLinkAbout2009-07-14 Board of Selectmen Minutes Board of Selectmen Meeting July 14, 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 7:11 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Library Director Ruth Urell, Town Counsel Ellen Doucette, Police Chief James Cormier, Office Manager Paula Schena and the following list of interested parties: Thomas Ryan, Bill Brown, Sally Hoyt, Connie DeBenedetto, Carol Patterson, Paul Kelley, Paul Dustin, Corrine Fisher, Attorney Gregory Demakis, Kathi Spurr, Sheila Clarke, John Douglass, Michelle Williams, Jack Russell. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that the Board received a letter regarding the tennis courts. He also noted that Oaktree is moving forward with their application to get 25% affordable units. He asked if there was any way to make the affordability in perpetuity instead of the 30 years that the State requires. The Town Manager noted that as long as the base zoning is in place and the property does not conform, then the affordability continues. Selectman Stephen Goldy apologized to the community for not being able to have the tennis event in Reading. He noted that Reading Baseball has the money for the scoreboard in Morton Field, and the Selectmen need to adopt a master plan so they can move forward with installation. The sense of the Board is to have staff work with Reading Baseball on the scoreboard, and the Selectmen will approve the master plan later. Vice Chairman James Bonazoli sent out a challenge to the Police, Fire and School Departments to join the 5K Road Race on July 23, 2009. Chairman Ben Tafoya noted that he and staff attended a meeting at the State House regarding the proposed water tanks. He also noted that the MWRA is offering us this issue again. Public Comment — Sally Hoyt asked the Selectmen for their support of Bill 3710 that increases the damages amount from $2,500 to $25,000 for Constables to serve process. She noted that cities and towns will gain more revenue from this if it passes. The consensus of the Board was to support this Bill. Tom Ryan of 87 Dana Road remarked on the signs on Main Street going south at Birch Meadow regarding no turn on red. He noted that the one hour parking/handicap sign is illegal because there is no time limit for handicap parking. Board of Selectmen Meeting—July 14, 2009—Page 2 Town ManalZer/Assistant Town Manager's Report The Town Manager gave the following report: • Farm Stand is now in operation—Tuesday afternoons at the Depot on High Street. • The MSBA audit on the RMHS project is progressing, with a goal of trying to get another major MSBA reimbursement in time to be able to reduce property taxes from the Debt Exclusion for the Reading Memorial High School project. • The West Street Historic District Commission is in need of new members — they do not have enough people on the Commission to constitute a quorum. • Tennis Court painting should commence this week—weather permitting. • Main Street at Birch Meadow - Illuminated "no turn on red" southbound Main Street sign is installed, • The HC ramp on Birch Meadow Drive is being installed. • The intersection of Washington and Prescott is being revised through sidewalk and curb construction. • The Town has received another $20,000 for the Water Division from the MTBE settlement, for a total to date amount of almost $740,000. • Brick crosswalks are now being installed in the Downtown. The Lowell Street lot in front of Town Pizza should be open to traffic and parkers tomorrow. • The Board of Selectmen has received an email response re: 127 Howard Street drainage ditch and the upcoming West Street project from the Town Engineer. The Assistant Town Manager noted that the performance contracting was officially approved by the School Committee—it is an 18 month project. Proclamations/Certificates of Appreciation Certificates of Appreciation for Boards Committees and Commissions members who are retiring and have served for five years or more — Paul Kelley, Carol Patterson and Paul Dustin were present. A motion by Schubert seconded by Bonazoli to approve the Certificate of Appreciation for Paul Kelley was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli to approve the Certificate of Appreciation for Kathleen Kelly was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli to approve the Certificate of Appreciation for Barbara Powers was approved by a vote of 4-0-0. Discussion/Action Items Highlights — Library — Library Director Ruth Urell and Children's Services Director Corrine Fisher were present and gave an excellent update to the Board regarding the Library. Hearing—Transfer of Stock — Bertucci's Italian Restaurant— Selectman Stephen Goldy read the hearing notice. Board of Selectmen Meeting—July 14, 2009—Page 3 The Town Manager noted that this is happening throughout the State, and the ABCC has sent a letter indicating that they have approved this transfer of stock. Attorney Gregory Dernakis who was representing Bertucei's Italian Restaurant was present. He noted that this effects all the Bertucci's throughout the country. He also noted that they entered into an. agreement and they got stock in exchange for money. There will be no change of manager — everything remains the same. Attorney Demakis noted that the d/b/a on the application was wrong and should be corrected to Bertucci's Italian-Restaurant. A motion by Goldy seconded by Schubert to close the hearing on the transfer of stock for Bertucci's Restaurant Corp. d/b/a Bertucci's Italian Restaurant was approved by a vote of 4-0-0. A motion by Goldy seconded by Bonazoli to approve the transfer of stock for Bertucci's Restaurant Corp d/b/a Bertucci's Italian Restaurant at 45 Walkers Brook Drive, Reading, MA, subject to the same terms and conditions of the existing license, was approved by a vote of 4-0-0. Continue Hearing—Policy on Use of Sidewalks for Outdoor Dining—The Town Manager noted that the issue was to allow alcohol or not allow alcohol. Andover does not allow alcohol. Bill Brown had written a letter regarding the Town's bylaw which does not give Selectmen control over public sidewalks,just public buildings. Selectman Stephen Goldy asked about the alcohol plan in #8. The Town Manager noted that if the applicant has a liquor license and serves outside, then the licensed premise has changed. Selectman Goldy suggested striking#8 from the policy. Selectman Richard Schubert indicated that he was in favor of keeping #8.. He feels that it is in the best interest of the Selectmen to make sure the policy isn't being violated. He also noted that #6 indicates approval is up to the discretion of the Board of Selectmen and will be considered case by case. He feels that applicants should know up front that just because they have sidewalks doesn't mean it will get approved. The Town Manager indicated that he will move #6 to #1. Selectman Richard Schubert indicated that the insurance policy should indemnify the Town. Vice Chairman James Bonazoli noted that #20 indicates that by signing off on the application indemnifies the Town. Selectman Schubert indicated that he approves the policy and recommends moving ahead to modify the bylaw. Vice Chairman James Bonazoli noted that Selectman Camille Anthony had previously requested that the date be extended to October 31 st. He recommends including the use of alcohol and if it doesn't work out, then it can be removed. He also noted that four feet of clearance is needed, and there are only a few places in Town where this can take place. Town Counsel Ellen Doucette noted that the Town can allow outdoor seating but no alcohol. Board of Selectmen Meeting—July 14, 2009—Page 4 Kathi Spurr from the Danvers Chamber of Commerce suggested taking out #8 because new restaurants may view it as a negative. Sheila Clarke noted that anything that can be viewed as flexible is positive. John Douglass, President of the Reading/North Reading Chamber of Commerce, indicated that this is a great initiative and outdoor dining is an incentive. He noted that alcohol would be positive, and urged the Board to move forward,to change the bylaw. There was much discussion about whether or not to leave in #8. Chairman Ben Tafoya recommended keeping #8 because the first time someone gets caught serving alcohol outside, they will lose their license for three days. Police Chief James Cormier noted that the establishment needs to provide a detailed plan as to how this will be controlled. Vice Chairman James Bonazoli noted that he wants to see the application before it is released, Selectman Stephen Goldy noted that he will vote to approve the policy with the intent to move forward with the bylaw amendment. A motion by Goldy seconded by Schubert to close the hearing on the Policy on Use of Sidewalks for Outdoor Dining was approved by a vote of 4-0-0. A motion by Goldy seconded by Schubert to approve the Policy on Use of Sidewalks for Outdoor Dining with the amendments that #6 becomes #1 and the timeline be extended from October 15th to October 31st was approved by a vote of 4-0-0. Overview — Fall Street Faire — Michelle Williams and Sheila Clarke were present. Michelle Williams gave an over-view of the proposed Fall Street Faire scheduled for September 13, 2009. Selectman Richard Schubert asked about parking, and Jack Russell noted that they have identified 800 parking spaces, and they will do satellite parking for the handicapped only. Chairman Ben Tafoya suggested that the Committee find a'place to sell the At Woods End books. Proposal(s) for Special License(s) for Beer — Fall Street Faire — Sheila Clarke noted that the Oktoberfest would be an event for adults and it will be a fundraising tool. It would be located at the lot next to the M.F. Charles building pending the owner's approval. This would include six to eight craft brewers. It would be $20.00 per ticket for six, four ounce samples. Chainnan Ben Tafoya asked Chief Cornier if he was okay with the Oktoberfest, and he indicated that he is not opposed but there are.controls in place by the ABCC so he would need to talk with'them before the license is issued. The event would also have to be held on private property. Board of Selectmen Meeting—July 14, 2009—Page 5 The Town Manager noted that the Venetian Moon Restaurant would not be able to serve alcohol on public property. Review Liquor Policy re: Process of Revocation — Town Counsel noted that the Board of Selectmen could establish guidelines for the procedural process such as giving 14 days notice and details on how the hearing will be held. She also noted that cancellation for non-use still .requires a hearing. The ABCC's policy is to give the licensee time to restart or transfer the license. The ABCC feels three months is an appropriate time to give the licensee to transfer. The Selectmen can hold the hearing and revoke on a date three months later. Discussion — Board of Selectmen Intent with Respect to Issuance of Package Store License — Town Counsel noted that Town Meeting's action regarding all alcohol licenses for restaurants with less than 100 seats means that the number of seats on the All Alcoholic Licenses has been lowered. The question as to on what grounds the Board can deny a package store license depends on the public need and to protect the public good, i.e,, does the Town really need it. The Board's decision cam-lot be arbitrary or capricious. Location is another factor. Town Counsel noted that the Town of Pittsfield got special legislation to add two more licenses for their Downtown only. She also noted that when the Town is down to one license, it is more important to decide where the Board wants it to be located. Selectman Richard Schubert asked about transferring a license to a new owner at a new location. Town Counsel noted that the Board can deten-nine if there is a need in the new area. The Town Manager asked if the Board can be proactive, and Town Counsel noted that Town Meeting can vote to decide that a certain percentage of licenses are for the Downtown area. Discussion — Board of Selectmen Intent with Respect to Issuance of Package Store License — The Town Manager noted that at least one party is interested in the license. Town Counsel indicated that the Board should not prejudge but should wait until they receive an application. The Board can, however, ask the ABCC for more licenses as other cities and towns are doing. Liaison Assignments — It was decided that liaison assignments would remain the same as last year. Approval of Minutes A motion by Goldy seconded by Bonazoli to approve the Minutes of June 16, 2009 was approved by a vote of 4-0-0. A motion by Goldy seconded by Bonazoli to approve the Minutes of June 23, 2009 was approved by a vote of 4-0-0. Board of Selectmen Meeting—July 14 2009—Page 6 Executive Session Approval of Minutes - A motion by Goldy seconded by Bonazoli to approve the Executive Session Minutes of June 23, 2009, as written, was approved on a roll call vote with all four members voting in the affirmative. A motion by Goldy seconded by Bonazoli to adiourn the meeting of July 14, 2009 at 10:28 p.m. was approved by a vote of 4-0-0. Respectfully submitted, i Se retary