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HomeMy WebLinkAbout2000-06-20 Board of Selectmen Minutes Board of Selectmen Meeting i June 20,2000 The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Selectmen Camille Anthony and Matthew Cummings, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Paula Schena and the following list of interested parties: Terri Cafazzo, Kalpesh Patel, Betty Cronin, Richard Anderson, Nancy Carlson, Mary Ellen Stolecki, Ray Cabot, Robert Prince, Karen Sawyer, Susan Faye, Laurie Arsenault, Paul Matasi, Victoria Griffin, Ed Leman. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Matthew Cummings asked why the School Committee meeting was not covered by Cable TV the other night. Selectman Camille Anthony had no report. Chairman Sally Hoyt noted that she attended the joint meeting with the Selectmen, Housing Authority, ZBA and CPDC regarding affordable housing. She also attended the ZBA meeting regarding Grove Street. Vice Chairman Matthew Nestor noted that he spoke at Jean Russo-Parks Farewell Reception on z Sunday. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: ➢ The Compost Center is now open on Saturdays for the duration of the Sumner. We have received requests to have the Center open at least one week day. DPW and Elder/Human Services are working together to see if we can get Senior Tax Worker staff coverage to open Mondays during the Summer. If we are able to accomplish this, does the Board of Selectmen have any problems with our moving ahead, with notice to the residents on upper Grove Street? The Town Manager noted that the Selectmen previously held public hearings. Selectmen Camille Anthony and Matthew Cummings felt it should go on the agenda. ➢ Due to budget reductions (the General Services staff is being reduced by 11%), the Town Clerk's Office will now be open between 8:30 a.m. and 5:00 p.m., rather than opening at 8:00 a.m. as we have for the past several years. Selectman Camille Anthony asked about staying open late one day a week. The Town Manager noted that this was tried before and it wasn't worthwhile. Selectman Camille Anthony noted that was many years ago and thought it would be worthwhile to put this issue on a future agenda. ➢ The Legal Services Review Committee has met twice and will be meeting next week. We will receive proposals for legal services this Friday. Board of Selectmen Meeting_June 20, 2000—Page 2 ➢ 70 residents attended a summary session on Diversity and Inclusiveness a couple of weeks ago. We are doing a summary process, and will have this item on a Board of Selectmen agenda in the near future. ➢ Eric Blackman has been appointed as a Firefighter in the Reading Fire Department, and is a transfer from Gloucester Fire Department. He is currently at the Fire Academy and will graduate in late July. ➢ The Town Manager noted that the Substance Abuse Prevention Advisory Council has turned the survey over to the School Department. Does the Selectmen still want to have a hearing? Selectman Matthew Cummings noted that if the SAPAC will use the results, then the Selectmen should have hearings. Vice Chairman Matthew Nestor noted that the survey will be available on the website and the questions will be sent home. His concern was parental notification and this has been addressed. The Town Manager noted that the School Department is not planning on holding hearings. Selectman Matthew Cummings noted that the community would benefit from discussion. Selectman Camille Anthony felt as though the School Department should hold a public hearing. Cummings moved and Anthony seconded, that the Board of Selectmen hold joint hearings with the School Department prior to the distribution of the survey. The motion failed by a vote of 2-2-0, with Anthony and Nestor opposed. Proclamations/Certificates of Appreciation Certificate of Appreciation—Geraldine VarneX—The family of Geraldine Varney was present to - receive the Certificate of Appreciation for the late Geraldine Varney. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve a Certificate of Appreciation for Geraldine Varney's six years of service on the Sign Review Board. The motion was approved by a vote of 4-0-0. Personnel and Appointments Council on Agzing — Richard Anderson was present to be interviewed for a position on the Council on Aging. On motion by Anthony seconded by Nestor, the Board of Selectmen placed the following names into nomination for two positions on the Council on Aging with terms expiring June 30, 2003: Dorothy Foxon and Richard Anderson. Ms. Foxon and Mr. Anderson both received four votes and were appointed. Board of Health— The Board of Selectmen interviewed Nancy Carlson and Mary Ellen Stolecki for one position on the Board of Health. On motion by Anthony seconded by Cummings, the Board of Selectmen placed the following -- names into nomination for one position on the Board of Health with a term expiring June 30, 2003: Nancy Carlson and Mary Ellen Stolecki. Ms. Carlson received four votes and was appointed. Board of Selectmen Meeting—June 20, 2000—Page_3 Cable TV Advisory Committee—There were no applicants. Celebration Committee—On motion by Cummings seconded by Nestor, the Board of Selectmen placed the following name into nomination for one position on the Celebration Committee with a term expiring June 30, 2003: Kurt Habel. Mr. Habel received four votes and was appointed. Constable — Chairman Sally Hoyt withdrew and turned the meeting over to Vice Chairman Matthew Nestor. The Board interviewed Ray Cabot and Robert Prince for positions as Constable. On motion by Anthony seconded by Cummings, the Board of Selectmen placed the following names into nomination for one position as Constable with a term expiring June 30, 2003: Thomas H. Freeman, Raymond J. Cabot and Robert H. Prince. Mr. Freeman received three votes and was appointed. On motion by Anthony seconded by Cummings, the Board of Selectmen placed the following names into nomination for one position as Constable with a term expiring June 30, 2001: Raymond J. Cabot and Robert H. Prince. Mr. Prince received three votes and was appointed. RCTV Board of Directors—The Board interviewed Karen Sawyer for one position on the RCTV Board of Directors. - On motion by Nestor seconded by Cummings, the Board of Selectmen placed the following name into nomination for one position the RCTV Board of Directors: Karen Sawyer. Ms. Sawyer received four votes and was appointed. Recreation Committee — The Board interviewed Susan Faye for a position on the Recreation Committee. On motion by Nestor seconded by Cummings, the Board of Selectmen placed the following names into nomination for three positions on the Recreation Committee with terms expiring June 30, 2003: John Winne, Susan Faye and Mary Ellen Stolecki. Mr. Winne, Ms. Faye and Ms. Stolecki all received four votes and were appointed. On motion by Cummings seconded by Nestor, the Board of Selectmen placed the following name into nomination for one Associate position on the Recreation Committee with a term expiring June 30, 2001: Catherine Kaminer. Ms. Kaminer received four votes and was appointed. Substance Abuse Prevention Advisory Council — The Board interviewed Laurie Arsenault for one position on the Substance Abuse Prevention Advisory Council. On motion by Cummings seconded by Nestor, the Board of Selectmen placed the following name into nomination for one position on the Substance Abuse Prevention Advisory Council with a term expiring June 30, 2003: Laurie Arsenault. Ms. Arsenault received four votes and was appointed. Board of Selectmen Meeting—June 20, 2000—Page4 Discussion/Action Items Approval of REAP Leases — The Town Manager noted that the School Committee had previously approved the leases. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve the lease with REAP for fiscal year 2000. The motion was approved by a vote of 4-0-0. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve the lease with REAP for fiscal year 2001. The motion was approved by a vote of 4-0-0. Continued Hearing — J.K.'s Market Package Store License — Selectman Camille Anthony read the hearing notice. The Town Manager noted that there was an issue of whether the first hearing was properly noticed. The State informs us that we cannot require the applicant to notify the abutters within 500 feet unless it is a church or school. Otherwise,just the abutting property owners need to be notified. Attorney Terri Cafazzo was present representing Kalpesh Patel, the owner of J.K.'s Market. Attorney Cafazzo noted that Mr. Patel is a Reading resident and all of his employees are over 21 years old. She noted that he had a proposal addressing the Board of Selectmen concerns about access, and that he will use the old pizza counter for the alcohol and the area will be enclosed. He will sell beer and wine only and will lock up the alcohol on Sunday. She noted that a resident was concerned about the woods in back so they will fence it in. Attorney Cafazzo noted that there were no complaints of loitering that she is aware of. Mr. Patel did call the police twice for larceny. Attorney Cafazzo noted that many convenience stores have liquor licenses. Logistically, Mr. Patel could not store and sell all alcoholic beverages. The Town Manager noted that the Board has a police report that notes six incidents from 1995 to date of when the police had to go and break up large groups of kids at this location. North Reading was contacted and during a sting operation, their convenience stores were found in violation of selling to minors. Selectman Camille Anthony noted that the convenience store that used to be Christy's in Lynnfield no longer sells liquor or beer and wine. Four of the six incidences in the police report have happened since May 1999. She requested to go on record of not being in favor of liquor being sold in a convenience store. Vice Chairman Matthew Nestor noted that if they give to one, then they will have to give to them all. He had concerns that if the store is sold, then the new owner could go with full liquor. Selectman Matthew Cummings noted that the convenience stores in North Reading have had their liquor licenses suspended in the past few years for Sunday selling in convenience stores. ......__... Chairman Sally Hoyt noted that she has received phone calls against the selling of liquor in convenience stores. Board of Selectmen Meeting—June 20, 2000—Page 5 Paul Matasi, a resident, noted that it would be convenient to be able to buy beer and wine at J.K.'s instead of having to go all the way Downtown. He suggested that the Selectmen could put a condition on the license saying it is not transferable. The Town Manager noted that the Selectmen cannot restrict a liquor license. Selectman Camille Anthony noted that this is a policy decision, and feels that the Board of Selectmen should consider not issuing licenses to convenience stores. Victoria Griffin, a resident, noted that there is a liquor store one half mile down the road. Ed Leman of 12 Knollwood Road noted that he had concerns regarding the security aspects. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to close the public hearing on an application by J.K.'s Market for an all alcoholic liquor license. The motion was approved by a vote of 4-0-0. Attorney Cafazzo noted that Mr. Patel has given a proposal that limits access, and he invites the Board of Selectmen to come and see what he is proposing. She also noted that the Board of Selectmen has control of the transfer of a liquor license, and the ABCC does policing and the Police do sting operations. Chairman Sally Hoyt noted that there is no question that Mr. Patel is reputable. i Selectman Matthew Cummings noted that the Selectmen hear what Attorney Cafazzo is saying but as Ms. Anthony pointed out, it is a broader context of selling in a convenience store. Attorney Cafazzo noted that liquor stores sell convenient store items and there is not much of a difference. Selectman Matthew Cummings noted that they are considerably different. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to approve an all- alcoholic liquor license for J.K.'s Market, 212 Main Street, Reading, subject to the following conditions: 1. All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed; 2. All employees of the establishment involved in the serving of alcohol beverages shall be trained in TAMS or an equivalent program on the effective date of this license, and new employees shall be trained within three months of being hired and the operator of the establishment will certify in writing to the Town Manager that this condition has been met; 3. There shall be no video gambling machines on the premises. The motion failed by a vote of 0-4-0. Approval of Minutes On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the - minutes of their meeting of April 18, 2000. The motion was approved by a vote of 3-0-1, with Cummings abstaining. Board of Selectmen Meeting—June 20, 2000—Page 6 On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the minutes of their meeting of May 2, 2000. The motion was approved by a vote of 4-0-0. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to approve the minutes of their meeting of May 9, 2000. The motion was approved by a vote of 3-0-1, with Hoyt abstaining. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the minutes of their meeting of May 16, 2000. The motion was approved by a vote of 3-0-1, with Cummings abstaining. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve the minutes of their meeting of May 23, 2000, as amended. The motion was approved by a vote of 3-0-1, with Cummings abstaining. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to approve the minutes of their meeting of May 30, 2000. The motion was approved by a vote of 4-0-0. On motion by Nestor seconded by Cummings, the Board of Selectmen voted to approve the minutes of their meeting of May 31, 2000. The motion was approved by a vote of 4-0-0. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to approve the - minutes of their meeting of June 6, 2000. The motion was approved by a vote of 3-0-1, with Nestor abstaining. On motion by Cummings seconded by Nestor, the Board of Selectmen voted to go into Executive Session for the purpose of determining strategy with respect to negotiations regarding the purchase or sale of real estate and approval of minutes not to come back into Open Session. On a roll call vote, all four members voted in the affirmative and the Board went into Executive Session at 9:50 p.m. Respectfully submitted, Secretary x V i