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HomeMy WebLinkAbout1993-01-05 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting January 5, 1993 The meeting convened at 7: 35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, MA. Present were Chairman Daniel Ensminger, Vice Chairman George Hines, Secretary Sally Hoyt, Selectmen Willard Burditt and Eugene Nigro. Town Clerk Catherine Quimby sat in for Town Manager Peter Hechenbleikner who was ill. The following list of interested citizens was also present: Mario L. Simeola, Stavnos Natsis, Elkateomi Natsis, An- nette Flanagan, Nancy Eaton, Gary Demopoulas, Dennis Brown, and David Marsone. On motion by Hoyt seconded by Nigro the Board approved the minutes of December 15, 1992 as amended by a vote of 5-0-0. Liaison Reports and Selectmen's Comments Bill Burditt -indicated that he had attended the Friends of the Library thank you party for the staff at which time the Reading Memorial High School chorus led by David Bunten serenaded staff members. He also attended the CPDC hearing on South Street which was held January 4, 1993 . Sally Hoyt advised the Board of her call from Marjorie Claprood's radio talk show. She was quite taken back when she was called as she did not know what had previously been said and had no idea that they were going to call her. She also reviewed the upcoming activities of the Board of Health, Elder Services and Recreation. She also attended the Library Staff party and the Christmas party for town staff. Eugene Nigro advised the Board that Senator Tisei was being sworn in January 6, 1993 by Governor Weld and he had received an in- vitation to this but will be unable to attend. He also advised the Board that he had received from a second party a copy of a letter from the Board of State Examiners of Plumbers and Gas Fit- ters to Kendra J.G. Cooper, 20 Covey Hill Road, Reading, MA. dated December 22, 1992. In this letter he indicated that this board will be meeting on January 6, 1993 and he invited her to be present at 2 : 00 p.m. at which time they would give her an oppor- tunity to address her concerns with regard to the handicap facilities and the plan of bathrooms for the new Senior Center. This generated general discussion by all Board members with the Chairman specifically indicating his concern that the Chairman of the Board and the Town Manager had not been notified of this meeting. They directed the Town Clerk to pass this information along to staff and attempt to have a staff member present at this meeting on January 6, 1993. Mr. Nigro also indicated that on Christmas day he visited both the Police and the Fire Stations to extend wishes to the --- employees who were working and away from their family on this Board of Selectmen Minutes - 1/5/93, page 2 day. He noted that the Firemen were in the process of preparing a turkey dinner for those on duty and that during his discussion with the Firefighters they expressed their concern with regard to training of the Dispatchers. He requested that the Board review this training procedure to assure that all Dispatchers have proper training so that tragedies cannot occur like that which recently occured in the town of Lexington. George Hines indicated that he also attended the Library Staff Party, the Christmas Staff Party at the Town Hall, and CPDC's South Street hearing on January 4, 1993 . At this time he com- mended the CPDC and their Chairman Jonathon Barnes on their ex- cellent running of the public hearing and noted that indeed it was a very emotionally charged meeting. He also noted that CPDC member William Goodrich contributed a great deal of logic and focus at all times. George at this time commented to the Board on the letter received from Mark Quinn with regard to the recent fund raising . by the Council on Aging. He requested that the Chairman schedule the Council on Aging's quarterly review as soon as possible. He also indicated that he would like to have the Solid Waste Committee before the Board for their quarterly review. Chairman Ensminger indicated that he would schedule both of these committees as early as possible. Chairman Ensminger questioned whether the Town or the Selectmen had ever established a policy for fund raising and asked the Town Clerk to bring this to the Town Manager's attention to be placed on a future agenda for discussion. He indicated that he had at- tended several Budget and FinCom meetings and would be meeting as part of the FinCom Appointment Committee on January 12 to make an appointment to fill a vacancy on that committee. He further stated that it was his intention to appoint a citizen who is willing to make a long-term commitment for service on the Finance Committee. He noted also that the Board had a meeting scheduled with RMLD for January 25, 1993 . Public Comment Chairman Ensminger asked for Public Comment and determined that there was none this evening. He also noted that in the absence of the Town Manager there would be no Town Manager's report. Personnel and Appointments There was no action taken. Chairman Ensminger indicated appoint- ments to the Cemetary Advisory Committee would take place on January 19 , 1993 . He further advised the Board that he had received a letter of resignation from Carol Edwards from the Solid Waste Committee. He noted her past exemplary service to the Solid Waste Committee. Board of Selectmen Minutes - 1/5/93 - page 3 Public Hearing Attorney Mario Semiola and applicant Stavros Natsis were present. The Secretary read the notice of the hearing for application for a liquor license at the premises located at 530 Main Street, Reading, MA. Attorney Semiola gave a brief history of the property formerly known as the Reading Diner, indicating that it was owned and operated by Mr. Natsis from 1977 through 1988; that the premises had then been leased and later destroyed by fire in 1989. They have now rebuilt the area and plan to open a res- taurant that is 1,500 square feet seating 100 diners. He indi- cated that Mr. Natsis will be the owner and operate the res- taurant. He also submitted proof of notification to all abutters of this Public Hearing. Mrs. Quimby reported to the Board that she had spoken with Chief Marchand and he- had indicated that he had no problem with the granting of this license. The Chief ad- vised that the applicant had held a license for some 11 years with no complaints. At this time the Chairman read a letter from Les York, advisor to SADD. Mr. York's letter basically stated his opposition to the granting of an additional liquor license in the Town of Reading. Responding to questions from Mr. Nigro, Attorney Semiola indicated that the hours of operation would be from 6 a.m. to 9 pm. , that there will be 32 parking spaces available and two of the three areas for business in the building presently are leased out. Attorney Semiola and the owners believe that the restaurant will have no impact on these businesses or vice versa. George Hines welcomed the applicant back to the community and re- quested that those employees who will be serving alcoholic beverages recieve proper training in this area. Responding to a question from Sally Hoyt, Attorney Semiola indicated that it was his understanding that a package store license could be granted for every 5, 000 citizens of the community but there was no limit on restaurants serving alcoholic beverages. Bill Burditt also welcomed Mr. and Mrs. Natsis back to the community. There was no comment from the public with regard to this application for a liquor license. Sally Hoyt, in response to Mr. York's letter, indicated that she felt all the Selectmen were very aware and concerned with the drunk driving issue presented by Mr. York. She stated that her vote in favor of granting the license would reflect her con- fidence in the applicant. On motion by Burditt seconded by Hines the hearing was closed. On motion by Burditt seconded by Hoyt the Board voted to ap- prove a restaurant all alcoholic liquor license for Stavros Nat- sis doing business at 530 Main St. , Reading, MA for a period to expire December 31, 1993 . The motion was approved by a vote of 5-0-0. Board of Selectmen Minutes - 1/5/93 - page 4 Discussion/Action Items Town Counsel Ron Kaczynski presented the Board with a draft recommendation from the State Ethics Commission. Selectmen Sally Hoyt excused herself from the forum at this time. Town Counsel advised that he had spoken with Mr. Belmonte and had reviewed this draft recommendation with him. He directed the Board's at- tention to page 3 of the presented material which clearly out- lined four areas of action that would be necessary to satisfy the apparent conflict between the Constable position and Mr. Belmonte's employee status. Board members attempted to get clarification from Town Counsel on the suggested remedies to the situation. Town Counsel reiterated that the Ethics Commission did agree that there was a conflict but there was a way to con- firm the previous appointment of Mr. Belmonte by the Board. Chairman Ensminger indicated that he would not be asking the Board to take a position at this time as they had all just received the Ethics Commission letter and felt more time was needed for them to review it. He asked the Board if they could support items #2 or #3 outlined in the recommendation. At this time George Hines stated that before he made a decision on items #2 and #3 he would want the Police and Fire Chief's response to item #4. Town Counsel reviewed the process of special employee designation indicating that if the Board did this the designation would be for all Dispatchers. He was not sure if the part-time Dispatchers could be singled out. He further stated that the Board did not have the ability to designate Constables as spe- cial employees because one of the present Constables also serves on the Board of Selectmen. Under the statute, Board of Selectmen are not eligible to be designated special employees. Mr. Belmonte confirmed for the Chairman that he had suspended himself from Constable duties until this issue is resolved. Chairman Ensminger indicated that hopefully that would take place at the January 19, 1993 meeting. Sally Hoyt rejoined the Board at 8: 45 p.m. Mrs. Quimby advised the Board that Chief Marchand was in full support of the proposed stop sign at the intersection of Lowell and Salem Streets to replace the existing yield sign. He indi- cated that this area had a very high accident rate and he felt a new stop sign as well as the. restriping along the street would improve this intersection. The restriping will be done as soon as weather conditions allow. On motion by Burditt seconded by Hines the Board voted to amend the Traffic Rules and Orders adopted by the Board of Selectmen on April 16, 1948, for the Town of Reading by adding to Article VI, Section II the following: Street - Lowell Street, Location - at Salem Street - Regulation - Stop. The motion was approved by a vote of 5-0-0. Board of Selectmen Minutes - 1/5/93 - page 5 Mrs. Quimby. asked the Board to endorse the special speed regula- tion #7565 for the Town of Reading which had been approved by the Massachusetts Highway Department and the Registry of Motor Vehicles. This special speed regulation allows the Board of Selectmen to adjust the speed limits on Birch Meadow Drive and John Carver Road as recommended by the Birch Meadow Area Traffic Task Force. License The Chairman advised that he would address the request for a license for Foreign Cars of Reading! Inc. 34 Salem Street. David Marone, president of Foreign Cars was present as was John Cann, the owner of the property. Mr. Cann addressed the Board in response ,to the letter that Foreign Cars of Reading, Inc. received from the Town Manager which indicated why the license had not been renewed. Mr. Cann explained to the Board the present use of the property and advised the Board that the sec- tion of his property utilized by Salem Street Garage was inactive at the time and would be for the next three months. He felt that the unsightliness of the property was due to the owner of Salem Street Garage having left cars on the site even though he presently was not working from the site. Members discussed with Mr. Cann utilization of the entire property by both businesses indicating that there appeared to be a conflict between the two tenants as to what area of the property they each could utilize. The Board agreed that there was too much congestion for both lots to service the type of businesses presently there. Mr. Nigro specifically referenced the past performance of Foreign Cars of Reading indicating that there never had been a problem when it was operated by Mr. Cann, but the two present tenants were caus- ing too much congestion. He indicated to Mr. Cann that as the owner, he had a responsibility to maintain the area satisfac- torily. Mr. Hines indicated to the owner of Foreign Cars of Reading that should they grant the license this evening he wanted them to understand it could be revisited at any time during the year if the Board's concerns were not addressed properly. On motion by Hines seconded by Hoyt the Board of Selectmen voted to approve a Class II license for Foreign Cars of Reading, Inc. , 34 Salem Street, Reading, MA. subject to the con- dition that (1) the number of cars offered for sale be limited to two (2) and all parking of cars be on property designated for use by Foreign Cars of Reading Inc. ; (2) all Zoning and other Bylaws and Rules and Regulations of the Town of Reading and all previous conditions of approval are adhered to; and (3) subject to the condition that each motor vehicle for sale have posted on it only one sign, in letters no larger than 2 inches in height, the price of the vehicle. The motion was approved by a vote of 5-0-0. Mr. Nigro commended the Town Manager and the Department of Public Works on the excellence of the draft proposal for the Policy on the Installation and Construction, and Reconstruction of Curbs and Sidewalks, Town of Reading and noted his only additions to the draft would be to more clearly identify their intent regard Board of Selectmen Minutes - 1/5/93 - page 6 ing sidewalks repaired or replaced. He was concerned with the existing sentence which said they would be repaired or replaced with the same type of material as previously existed. He used as an example, if a block of concrete that abutted hot top needed to be repaired, the repaired part should be concrete not hot top. He asked Mrs. Quimby to request that this paragraph be reworded to incorporate his concerns on repair of existing sidewalks. Chairman Ensminger indicated that further discussion and action on this policy would take place at the January 19, 1993 meeting at which time public works input could be received. Regarding consolidation of voting places. Mrs. Quimby reviewed with the Board her memo to them dated December 31, 1992 which outlines the reasons for moving voting to one central location. She felt it would provide improve service to the voter and elec tion workers. It would be less disruptive to the school system, disrupting only one school versus the present four. She indi- cated the extreme crowding at all but the Killam School not only inside the voting location but outside. She further stated that if the Board did not vote to move all the voting locations to one school that further consideration would be needed to move those precincts presently voting at Eaton and Birch Meadow as those two locations were not satisfactory to handle voting. Referencing the cost savings this would allow, she noted that although it is a small amount, approximately $1600 per election in the total Town budget, when mutiplied by three or four elections in one year it has a significant impact on her budget. She further ad- vised the Board that she had several discussions with Chief Mar- chand and he seemed confident that traffic flow could be control- led to allow for smooth operation at the Field House on election days. Mrs. Quimby indicated that Dr. Munnelly had discussed this proposal with the School Committee at their October 19, 1992 meeting and the School Committee and he were anxious to work together to accomplish this move. He felt it would be beneficial to the school system as a whole and is prepared to work with her to do whatever is necessary in the Field House area to implement the change. He noted that without question the present teacher/student parking in this area would have to be eliminated on Election Day and that additional lighting on the backside of the Field House was also necessary. Mrs. Quimby advised the Board that should they vote this move in the affirmative, she plans to put a notice of such action in the water bill going out February 1, 1993 , thereby notifying all residents of the change. She further stated that around the first of March, an additional letter would be going to residents whose precincts have been changed. On motion by Burditt seconded by Nigro the Board of Selectmen voted to approve the consolidation of Reading's polling places to one polling location at the Field House 62 Oakland Road, Reading, MA effective with the March 23 , 1993 local election. The Board Board of Selectmen Minutes - 1/5/93 - page 7 of Selectmen will hold a mitigation/scoping meeting with the Birch Meadow area residents to review traffic impact in that area on election days. The motion was approved by a vote of 5-0-0. Licenses On motion by Nigro seconded by Hoyt the Board of Selectmen voted to approve the granting of a license to operate a taxi vehicle for Acura Industries to Wayne Lewis, 166 Woburn Street, Reading, MA to expire April 30, 1993 . The motion was approved by a vote of 5-0-0. Discussion ensued with regard to the granting of a license to operate a taxi to Edward C. Cagnina, 81 Winn Street, Woburn, MA at this time. The Town Clerk reported that Chief Marchand had indicated his concern over the applicant's unpaid parking tickets and requested that the Board refrain from granting this license until that was taken care of. The Board members agreed to hold action on this application. On motion by Hines seconded by Hoyt the Board of Selectmen voted to approve the granting of taxi vehicle licenses to Acura In- dustries for the following vehicles: 1987 Oldsmobile Station Wagon VIN 1G3BP81YXH9005480 and 1987 Chevy Wagon VIN 1G1BL81Y4HX187337. The motion was approved by a vote of 5-0-0. During discussion of the above motions, Board members had several questions/concerns with regard to the number of licenses being granted to Acura possibly generating commercial business in a residential area. They also questioned the ownership of the vehicles. Both Mr. Nigro and Mr. Hines were concerned with pos- sible congestion in the residential area due to this business. On motion by Hines seconded by Burditt the Board voted to adjourn at 10: 10 p.m. by a vote of 5-0-0. Respectfully submitted ecret y