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HomeMy WebLinkAbout1996-04-23 Board of Selectmen Minutes Board of Selectmen Meeting April 23, 1996 The meeting convened at 7:00 p.m. Present were Chairman Sally Hoyt, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Dan Ensminger and Bruce MacDonald, Town Manager Peter Hechenbleikner and the following list of interested parties: Mr. Van Horn, Paul Silvo, Representative Brad Jones, Representative Paul Casey, Senator Tisei, Richard Moore, Stewart Chipman, Gail Wood, Shielah Griffin, Ted McIntire, Mike Enos, Peter Tassi, Pat Connelly, Steve Chapman, Gina Snyder, Emerson Tucker, Indira Balkisoon, G. Gay Williams, Timothy Kelley, Mary Connors. Approval of Minutes: On motion by MacDonald seconded by Hines, the Board approved the minutes of their meeting of April 9, 1996 by a vote of 5-0-0. Town Manager's Report: Awards - On motion by Anthony seconded by Hines, the Board approved a Certificate of Appreciation for the Unitarian/Universalist Church of Reading for their donation to the Human Services Revolving Fund. The motion was approved by a vote of 5-0-0 and Ann Mark was present to receive the award. On motion by Anthony seconded by Hines, the Board voted to approve a Certificate of Appreciation for the Coolidge Middle School Science Olympiad Team. The motion was approved by a vote of 5-0-0 and the group of Coolidge Middle School Science Olympiad team members were present to receive the award. On motion by Anthony seconded by MacDonald, the Board approved a Proclamation for Fanfare for Parker Day - Seventy Years of Service by a vote of 5-0-0. Susan Kalmakis was present to receive the award. On motion by Anthony seconded by Hines, the Board voted to approve a Proclamation for Community Day. The motion was approved by a vote of 5-0-0, and Miss Anthony spoke on Community Day. On motion by Anthony seconded by Ensminger, the Board voted to approve a Certificate of Appreciation for Andrew P. Samalis for his Boy Scout Eagle Award: The motion was approved by a vote of 5-0-0, and the Town Manager will present the award at the Court of Honor. Liaison Reports/Selectmen's Comments: The Board passed over Liaison Reports and Selectmen's Comments. Chairman Sally Hoyt noted that the Board will take up the issue of Special Employee Status for Board, Commission and Committee members on May 7. MacDonald noted that he wanted to take it up tonight and was not aware that it would not be taken up tonight. Camille Anthony noted that Town Counsel Board of Selectmen Meeting- April 23 1996 -page 2 recommends taking it up on May 7, 1996 and we give notice to all interested parties for purpose of due process. Ensminger urged the Board to wait until the 7th for the same reason. Hoyt and Hines agreed. Sally Hoyt noted that there may be an issue of Leo Kenney being a Consultant versus being an Associate, and the advice of Town Counsel is needed for that information. Camille Anthony noted that if Leo Kenney is a Consultant and therefore does not need Special Employee Status, she does not want to grant Special Employee Status to all Conservation Commission members or all associates. George Hines noted that the Board dealt with Special Employee Status for the Board of Library Trustees, and it was done graciously. Public Comment: Steve Chapman, Vice Chairman of the Conservation Commission, spoke and indicated that he has been in touch with the Ethics Commission. They have also consulted a private attorney. He noted that Special Employee Status can be granted for Associates only. George Hines noted that he did not support Special Employee Status because Associates are not appointed by the Board of Selectmen. Selectmen's Comments/Liaison Reports: Dan Ensminger received a call from an applicant before the Conservation Commission who strongly supported the Board of Selectmen's refusal to give Special Employee Status to Associates. He also received a call from Bill Griset regarding the same issue. Camille Anthony noted that she had received calls regarding Article 18 -Nature of the easement, concerns about the voltage and transformers, and on what the installation would look like. George Hines had no report. Bruce MacDonald had no report. Sally Hoyt had no report. Public Comment: Gina Snyder of 11 Jadem Terrace thanked the Selectmen for all their hard work. With regard to water supply, she supports continued restrictions on outdoor water use. She is a hydro-geologist and notes that benzene is one of the more dangerous contaminants. She will not be able to be here on May 7 but thinks that all Boards, Committees and Commissions are very professional and that Special Employee Status should be granted. Emerson Tucker of 14 Kensington Road noted that he thought the hours of watering should be changed -- he lost a lot of his lawn during the last drought. It was suggested that he talk with the Water and Sewer Advisory Committee. Indira Balkisson of 12 Wakefield Street had sent the Board a letter regarding Special Employee Status for Conservation Commission Associates. She also shares Gina Snyder's concerns with regard to the water supply. i Board of Selectmen Meeting- April 23 1996 -page 3 George Hines noted the closing of Berson's Pharmacy and was sorry to see them close but thanked them for their past services to the community. He also noted that the Town has a policy regarding conflicts with Town Meeting and school activities and hoped that we would not have that problem again. Town Manager's Report The Town Manager reported on the progress of Town Meeting and the fact that it will meet on its fourth session on the 29th. He also noted and recommended modifications to the budget that were made to the Finance Committee. Included were a reduction in the parks salaries budget to $22,000, an increase in the Vocational Educational School Budget to $92,000+, and an elimination of Line K-44 for the Woburn Street parking lot. He noted that there are still a number of vacancies on Boards, Committees and Commissions. The Town Clerk's office is now open from 8:00 a.m. to 5:00 p.m. using flex time. The Civil Service Exam has been posted by the Police Department Sergeants and Lieutenants. The Downtown Steering Committee Second Step was March 2nd, and the group was disappointed with the attendance. The Town submitted a Transportation Enhancement Grant application for engineering work needed to resignalize the Downtown and make other improvements. There are several business moves related to Downtown including the Chapter One Bookstore and the opening of Bathrooms, Etc. on Main Street. The Compost Center opened April 6, 1996, and is open Saturdays and Sundays. The Town will not be picking up branches curbside unless they are from Town owned trees. Street sweeping has begun on the northeast section of Town. The Town Manager reported on discussions relative to the Parker Middle School Soccer Field improvements. An appeal on a denial of Square Liquors relocation has been received. The Rena Mirken and Pat Schittini Retirement Dinner has been scheduled. Personnel and Appointments Cable TV Advisory Committee - The Board interviewed applicants. The applicant for the Cable TV Advisory Committee was not present. Council on Aging - The Board interviewed G. Gay Williams for a term on the Council on Aging, and on motion by Ensminger seconded by Anthony, the Board appointed G. Gay Williams for a position on the Council on Aging for a term expiring June 30, 1998 by a vote of 5-0-0. Housing; Authority - Timothy Kelly and Mary Connors were present to be interviewed for two positions on the Housing Authority. William Gray had previously been interviewed. On motion by Ensminger seconded by MacDonald, the names Gray, Kelly and Connors were placed into nomination for a position on the Housing Authority for a term expiring June 30, 1999. Kelly received four votes and was appointed to that position. On motion by MacDonald seconded by Anthony, the Board placed the names of Gray and Connors into nomination for a position on the Housing Authority for a term expiring June 30, 1997. Connors received five votes and was appointed. Board of Selectmen Meeting-April 23, 1996 - page 4 Licenses,Permits and Approvals Hearin on n Liquor License for Mecom, Inc. d/b/a/ Capri Pizza- Sheila Griffin and Michael Enos were present. Enos is the owner/manager of the Capri Pizza. They are proposing to enlarge Capri Pizza. The construction process would be three months, there is no financing and, therefore, no pledge of the liquor license. All current employees will be required to be trained in TIPS, and then all new employees will be trained as they come on board. The name will be changed to Cafe Capri. Initially they will limit the alcohol sales to beer and wine. Dan Ensminger reviewed the alcohol awareness training program submitted as part of their application. He appreciated that every employee would be trained. He asked about the hours of operation which would be Monday through Saturday, 11:00 a.m. to 11:00 p.m., and Sunday, noon to 10:00 p.m. Camille Anthony asked about the size of the current facility and how much would be expanded. There are currently 76 seats, and the facility would be expanded to 104 seats. Parking is adequate - the site plan waiver has been received. She reminded the applicant that there is a sewage/drainage problem on the property. Enos noted that the property owner is working with the Town to solve this, and the Town Manager noted that it was unlikely that the Town would be involved in the solution since the realignment of the intersection of Ash and Main Street is probably not feasible and that was the method that was going to be used to solve the problem. Bruce MacDonald noted that the current business seems to be primarily for young people - this seems to be a change of business. He wondered about physical separation, and the applicant reviewed the plan to show the physical separation. The applicant noted that this is to be a family restaurant. Hines and Ensminger both felt that it looked like a good proposal and Ensminger noted that this is a better solution than allowing "brown bagging". MacDonald noted that it was good to see a restaurant expand in Town and know that it could be done even with the Town's Smoking Policy in place. There were no public questions or comments. On motion by Ensminger seconded by Anthony the Board voted to close the hearing on an application for an all alcoholic liquor license for Mecom, Inc. d/b/a Cafe Capri at 355 Main Street, Reading, Massachusetts. All five members voted in the affirmative and the motion was carried. On motion by Ensminger seconded by Anthony, the Board voted to approve an all alcoholic liquor license for Mecom, Inc. d/b/a Cafe Capri at 355 Main Street, Reading subject to the following conditions: 1) adherence to the liquor serving policy as provided with the requirement that current staff receive liquor training prior opening, and new staff would receive such training as soon as possible. The motion was approved by a vote of 5-0-0. Discussion/Action Items Water Supply Issues - Ted McIntire, Director of Public Works; Peter Tassi, Supervisor of the Water Treatment Plant; Pat Connelly from Weston and Sampson; Richard Moore and Stewart Chipman from the Water and Sewer Advisory Committee were present. Ted McIntire's memo of December 23, 1995, was reviewed regarding the'status of the wellfields and their cleanup. A very good meeting was held with DEP earlier on Tuesday: DEP is working hard with the Town to set certain deadlines and see that they are met. The Board reiterated its commitment to seeing that i Board of Selectmen Meeting-April 23, 1996 - page 5 the clean up proceeded as quickly as possible, and Dan Ensminger noted that he felt the pressure put on staff and thereby put on DEP has gotten some response. No action was required on this matter. Indira Balkisoon suggested that the Town should push Cumberland Farm to clean the site up to the level of prior levels of contaminate. Second Water Meters - The Board revisited the issue of second water meters. Present were Public Works Director Ted McIntire and Water and Sewer Advisory Committee members Gail Wood, Steward Chipman and Richard Moore. Chipman made a presentation on the Water and Sewer Advisory Committee recommendations with regard to this issue. The Water and Sewer Advisory Committee recommended by a two to one vote that second water meters be permitted. They made a recommendation by a 3-0 vote that if second meters are permitted that the rate for second meters be 20% higher than initial meters. There was discussion on part of the Board and staff with regard to a number of issues. The Water and Sewer Advisory Committee recommended the second meters because some second water meters have already been given - approximately 150 in Town. The majority of the Water and Sewer Advisory Committee felt that it was only fair to allow the second meter for everyone. It was noted that in order to reduce the impact on Town staff the cost of installing second water meters could be bid and the customers could be charged the actual costs of the installation. Bruce MacDonald noted that this may be "a bad idea whose time has come". George Hines noted that he agreed with the Water and Sewer Advisory Committee with regard to consistency, but would not be supporting their recommendation. The Board asked for public comments. Mr. Van Horn of Beaver Road and Paul Silvo of Autumn Lane spoke in favor of permitting the second meters. Camille Anthony noted that she thought the administrative costs would be high and wanted to know what the additional costs for monitoring, enforcement, fines, etc. would be. George Hines noted that he would not vote to allow second water meters for the reasons expressed in the Water and Sewer Advisory Committee memo. Bruce MacDonald agreed. He feels the Town should not compound its mistakes and that allowing second water meters was not good for water conservation. Dan Ensminger felt that he might give conditional support to second water meters, but would need additional information. Camille Anthony noted that the Ipswich River is stressed and it doesn't make sense to provide for more water usage. Sally Hoyt felt that we should allow the second water meters, even on a limited basis, for reasons of fairness. Hines moved and Ensminger seconded a motion that the Board, of Selectmen approve the installation of second water meters for single family homes for all outdoor water use. On a 1-4-0 vote the motion failed. Hoyt voted in favor. Policy on KENO - Representatives Brad Jones and Paul Casey and Senator Tisei joined the meeting. The Board asked for an update on regulations with regard to KENO. It was noted that House 5886 has gone through the House unanimously and the Senate has also approved a Bill. It is in Conference Committee and Senator Tisei is on the Conference Committee. The proposed Bill basically provides communities would be allowed to reject KENO and they would have 21 days notice. Some communities would ban it altogether, and they would get less revenue Board of Selectmen Meeting- April 23, 1996 -page 6 growth from KENO. Others may allow it everywhere. Tisei noted that this is the first time in Massachusetts Lottery history that local input has been provided. Tisei noted that he would like to see no KENO anywhere in the state. George Hines asked if Lottery distributions are currently based on volumes of sales. If they are not based on sales then why should KENO be based that way. He suggested that Tisei get someone to cosponsor a Bill with him to eliminate KENO. Bruce MacDonald agreed. He would like to shut the door on KENO and wondered about retroactivity with the regulations. He also asked if there was some way under this Bill that the Town could permit KENO on an annual renewable basis, and it was noted that would not be permitted. Tisei suggested that every town should come up with regulations and criteria to be equitable about having KENO or not having KENO. Jones noted that if KENO is abolished then businesses should have the ability to amortize the costs of improvements to their establishments. Jones noted that Lottery and KENO sales to Reading residents represented $6.615 million, of which $59,000 was from KENO. Camille Anthony wondered what would happen if the Lottery Commission approved KENO over the Town of Reading's objections. Sally Hoyt asked about allowing KENO in service clubs and Representatives Jones and Casey and Senator Tisei noted that they have not seen that. The Board took advantage of having their State Senator and State Representatives present and asked about the status of Police and Fire facilities construction, reauthorization of SBAB, and the Transportation Bond Bill. It was noted that it was most likely to have some public safety equipment covered under a reimbursement basis rather than facilities at this time. SBAB reauthorization looked positive and there may be an increase. The Transportation Bond Bill would include sidewalks on Main Street. The Board of Selectmen thanked Senator Tisei, and Representatives Casey and Jones for attending, especially at this late hour. They felt that this dialogue was very worthwhile. The Town Manager asked if the Board wanted to have any further discussion on the KENO Policy and they deferred this to a future meeting. On motion by Hines seconded by Ensminger, the Board voted to adjourn their meeting of April 23, 1996, at 11:22 p.m. by a vote of 5-0-0. Respectfully submitted,, Secretary ....._......