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HomeMy WebLinkAbout2001-09-18 Board of Selectmen Minutes Board of Selectmen Meeting September 18, 2001 The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary, Matthew Cummings, Selectmen Richard Schubert and Gail Wood, Town Manager Peter Hechenbleikner, Police Chief Bob Silva, Town Moderator Alan Foulds, Paula Schena and the following list of interested parties: Nancy Eaton, Tom Horton, Police Officers Keith Hurley and Kevin Brown, Tom Fennelly, Peter DePesa, Fran Sansalone. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Matthew Cummings noted that the School Department is interested in having a retreat with the Board of Selectmen regarding current issues and leadership. Selectman Richard Schubert welcomed Lynn White, the new Executive Director of the Reading Housing Authority. John Hixson will be hosting a seminar on October 3rd regarding affordable housing in the suburbs. Selectman Richard Schubert noted that he attended the Downtown Steering Committee Meeting. The Community Preservation Act Study Committee is meeting tonight. The Historical Commission representative on this committee was never sworn in, so he requested that the Board of Selectmen appoint Virginia Adams in his place. A motion by Schubert seconded by Anthony to appoint Virginia Adams as the Historical Commission's representative on the Community Preservation Act Study Committee, replacing Jerry Kaper who was previously appointed to the position but never sworn in, was approved by a vote of 5-0-0. Selectman Camille Anthony asked the Town Manager to send a letter to the Ipswich River Watershed Association indicating that she will serve on the Committee. Selectman Gail Wood indicated that she will share the responsibility with Camille. Selectman Camille Anthony noted that she attended the Downtown Steering Committee Meeting, and indicated that she would like to see grass or wildflowers or something done with Gazebo Circle if it is not going to be a playground. Chairman George Hines congratulated the RMHS students for organizing the candlelight vigil. He noted that the Household Hazardous Waste Collection is in Stoneham on November 10th. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: ♦ Rosh Hashanah is today and we normally don't meet on days that are holy to our citizens. But because we had to cancel the Board of Selectmen meeting last week due to the terrorist attack, we needed to meet tonight. Apologies to those of the Jewish faith. • We are receiving calls at Town Hall regarding how people can help in the aftermath of the terrorist attack a week ago. Many people including many of our employees want to go to Board of Selectmen Meeting—September 18, 2001 —Page 2 New York to assist or want to send supplies. We have no more information at this time than - you will see on TV—and, as a general rule, New York is inundated with people and supplies. There will be a community blood drive at the Masonic Hall on October 13th, and registration will be required. We will need to, as a Nation, sustain our blood supplies so I would hope that we would have periodic drives here in Reading. As time goes by, we will all need to continue to support efforts in New York and elsewhere — the terrorism issues and the aftermath of the incidents in New York, Washington and Pennsylvania will be with us for some time. The best thing we can do as citizens is to do our civic duty, and return to as normal a situation as we can in our personal lives. ♦ We have a request for the refund of the $2,000 beer/wine liquor license fee by Bangkok Spice Thai Restaurant. They applied and were approved by the Board of Selectmen but were not approved by the State for technical reasons. I would recommend we refund 90% -- the Town spent a great deal of time on the license application. ♦ The CPA Study Committee will be making a presentation to the Board of Selectmen on 9 - 25 --before the Warrant closes. ♦ The September 12th Workshop on Comprehensive permits was very successful -- it brought together all or portions of six Boards, Committees, and Commissions of the Town to learn more about this important issue. ♦ MHD is conducting a study and review of the I-95/I-93 intersection, and the first meeting will be in Woburn in early October. ♦ RCTV has tentatively rescheduled the Selectmen's Forum from tonight to October 23, 2001? Proclamations/Certificates of Appreciation Proclamation — Disabled Veterans Forget-Me-Not Week — Tom Horton was present to receive the Proclamation. A motion by Cummings seconded by Anthony to approve the Proclamation for the Disabled Veterans Forget-Me-Not Week was approved by a vote of 5-0-0. Personnel and Appointments Badge Pinning Police Officers Keith Hurley and Kevin Brown — Police Chief Bob Silva introduced the new Police Officers. Keith Hurley's girlfriend pinned on his badge and Kevin Brown's wife pinned on his badge. The Board congratulated both of the Officers. Discussion/Action Item Hearing — Liquor Policy - Secretary Matthew Cummings read the hearing notice. The Town Manager noted that a copy of the policy was sent to all licensees. The new policy provides regulations for everyone. Selectman Gail Wood noted that the seating requirement in Section 3.2.3.2 is missing. The Town Manager noted that the Board had directed him not to have seating required. Selectman Gail Wood noted that if we are putting a 15% capacity at the bar and standing is allowed, why put the 15% cap. The Town Manager noted that this policy will make licensees responsible for their site including parking. A Certificate of Insurance will also be required at the time of renewal. Board of Selectmen Meeting—September 18, 2001 —Page 3 - Selectman Gail Wood noted that Section 3.2.1.3 indicates curtains cannot be in the window. The Town Manager noted that they are not prohibited -- they just can't prevent a clear view of the T interior of the premises. Selectman Richard Schubert asked about the sign restrictions. The Town Manager noted that the current license prohibits signs in the window. Selectman Richard Schubert noted that package stores need the ability to put signs in the window. Selectman Gail Wood agreed but not to illuminated signs. Selectman Matthew Cummings suggested differentiating signage for package stores and signs for restaurants. The Town Manager noted that North Side Liquors sent an e- mail indicating that they pay their rent by displaying illuminated signs. The Board discussed the issue of abandonment. The consensus was to change the number of days from 10 to 20. Tom Fennelly from Overseas Veterans noted that they are supported by Budweiser and vendors make their signs. He also noted that they use plastic cups and cutlery for safety reasons. The consensus of the Board was to differentiate for clubs and functions for plastic ware. Peter DePesa from Focaccia Restaurant noted that he has blinds in his window and he shuts them at night to blind the headlights. He requested that the abandonment number of days be pushed up to 30 days. The Town Manager noted that there are provisions to notify the Licensing Authority if it goes over 20 days. Mr. DePesa requested that the.Board allow pitchers of beer and wine carafes. He also requested that they allow a bar for beer and wine licensees. The consensus of the Board was to allow pitchers. Connie from Emperor's Choice Restaurant asked if two bars would be allowed. The Town Manager noted that they would have to submit a plan. A motion by Cummings seconded by Wood to close the hearing on amending the liquor pouring policy was approved by a vote of 4-0-0 (Selectman Richard Schubert had left the room temporarily). The Town Manager will make the changes to the policy and bring it back to the Board. Transfer of Land to Conservation—Line Road Area—Conservation Commission Member Nancy Eaton noted that the Conservation Commission was not notified that this was on the agenda this evening. A motion by Wood seconded by Anthony to table this agenda item until the Conservation Commission has been notified was approved by a vote of 5-0-0. Subsequent Town Meeting Warrant— Civil Service: Instructional Motions —The Town Manager noted that the Police Chief position has been in Civil Service since 1918. The Fire Chief position is not in Civil Service. The process for hiring a Police Chief through Civil Service is time consuming and expensive. The cost to hire our most recent Police Chief was $11,000 - $12,000 to hire the consultant. The participation of the appointing authority is not supposed to Board of Selectmen Meeting—September 18, 2001 —Page 4 be present during the process of hiring a Police Chief. The cost to hire our most recent Fire Chief was $500 for the Assessment Center and the results are immediate. Selectman Gail Wood asked if Civil Service restricts to in-house applicants. The Town Manager noted that it does not but if you go outside, there is no guarantee that we would get in-house applicants. If the position is not in Civil Service, then you can consider anybody you want. Police Chief Bob Silva indicated that Civil Service has done a lot to make the process easier. Historically, the Police Chiefs were hired by a written exam, and there is no cost with a written exam. Chief Silva indicated that the department would lose faith in the Chief because there would be more political influence if the position was taken out of Civil Service. Chief Silva also indicated that the only problem with Civil Service was with the hiring process. Selectman Matthew Cummings noted that Civil Service is a whole package. The Board of Selectmen did not want a process that relied strictly on a written exam. He has a problem with the Civil Service methodology and feels the community should be more in control. He feels the department will not lose faith in their Chief, if the Chief has leadership abilities. Both Chairman George Hines and Selectman Richard Schubert feel that Civil Service is archaic and takes control away from the community. Selectman Gail Wood indicated that she has a problem with political influence on the Police Department. She noted that the Police Chief has to be above politics and follow the law. She questioned whether a contract could make sure the position was not affected by politics. The Town Manager noted that the employment agreement with the Fire Chief puts him on leave from Civil Service. He also noted that the former Police Chief gave two years notice to properly plan. Fran Sansalone, Town Meeting Member, asked who else is in Civil Service. The Town Manager noted all of the Fire Department except the Chief and Assistant Chiefs and all of the Police Department. Ms. Sansalone asked if the current Chief could be grandfathered. A motion by Cummings seconded by Anthony to support putting an Article on the Subsequent Town Meeting Warrant to remove the Police Chief position from Civil Service effective with the next Police Chief appointment was approved by a vote of 5-0-0. Chairman George Hines reviewed reasons for having an Article on instructional motions. Town Moderator Alan Foulds indicated he does not want to sponsor the Article and be the person to break tradition. He sent a letter to 20 Town Moderators and 19 of them do not allow instructional motions. Only one allows instructional motions and those cannot be debated. Selectman Matthew Cummings noted that Town Meeting does not do the community any service by taking up instructional motions at late hours with no research. He suggests making the motion available in written form the first night of Town Meeting and taking it up when the Article is taken up. Board of Selectmen Meeting— September 18, 2001 —Page5 Selectman Gail Wood noted that instructional motions are a reaction to a debate and a person cannot anticipate a debate. Town Meeting Member Nancy Eaton noted that Town Meeting should not have a"gag order" on them. She indicated that instructional motions let the Board of Selectmen know how they feel. She also indicated that she feels the Selectmen are the "gatekeepers" to what goes on the Warrant. Selectman Matthew Cummings noted that he resents the insinuation that the Selectmen are trying to put a"gag order" on Town Meeting. He also noted that the Selectmen are not "gatekeepers -- 10 members of the community can put an Article on the Warrant. Selectman Matthew Cummings also noted that there needs to be order at Town Meeting and he suggested crafting language with the condition that the instructional motion pertains to the Article being debated. Chairman George Hines indicated that his intent is to help prepare Town Meeting. He noted that Town Meeting expects the Warrant Articles in advance. Selectman Camille Anthony asked if the Bylaw Committee has discussed this, and Bylaw Committee Chairman Phil Pacino indicated they have not because it is a Rules Committee issue. A motion by Wood seconded by Cummings to put an Article on the Warrant to effectuate a Charter change to make the Town Moderator a nonvoting member and Chairman of the Rules Committee was approved by a vote of 5-0-0. A motion by Hines seconded by Cummings to put the language of Article 15 on the Warrant failed by a vote of 2-3-0, with Cummings, Wood and Anthony opposed. The Town Manager noted that Bangkok Spice Thai Restaurant beer and wine license was not approved by the ABCC and they have requested a refund. He suggests retaining a 10% filing fee because of all the time and effort that went into this application. A motion by Wood seconded by Anthony to refund the money for the beer and wine license to Bangkok Spice Thai Restaurant retaining a 10% filing fee to be credited if the application is refiled before the end of the year was approved by a vote of 4-1-0, with Cummings opposed. Approval of Minutes A motion by Wood seconded by Schubert to approve the minutes of their meeting of August 21, 2001 was approved by a vote of 4-0-1, with Anthony abstaining. A motion by Wood seconded by Cummings to approve the minutes of their meeting of September 11, 2001 was approved by a vote of 5-0-0. Board of Selectmen Meeting— September 18, 2001 —Page 6 A motion by Cummings seconded by Anthony to adjourn their meeting of September 18, 2001 at 11:00 p.m. was approved by a vote of 5-0-0 and the meeting was adjourned. Respectfully submitted, Secretary ..........._