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HomeMy WebLinkAbout1992-07-21 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting July 21, 1992 The meeting was called to order at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Dan Ensminger, Selectmen Eugene Nigro and Bill Bur- ditt - Vice Chairman George Hines arrived at approximately 7:30 p.m. - Town Manager Peter Hechenbleikner and the following list of interested parties: William C. Brown, Jim Keigley, Ben Nichols, Leslie H. York, Gary Demopoulos, Irene M. York, Joseph Giordano, Stuart LeClaire, Leo Campbell, Stephen V. Miller, Donna Cunningham, Robert Childs, Ron Wood, and Fred Conover. Public Comment Bill Brown asked the Board to consider placement .of the toilet facilities on the first floor at the Senior Center. The Town Manager reviewed his memo to the Board of Selectmen suggesting that such a facility could be located on the first floor if it could be paid for by EOCD and if waivers could be granted. Ron Wood suggested that the building be extended out the back to the south and facilities built there. Bill Burditt indicated that he had heard concerns but supports the current status. Gene Nigro indicated that he supports the change at the same time he sup- ported the work of the Committee. The consensus was to go ahead and add the additional handicap bathroom facility. Shortly afterwards, Debbie Stackpole, Bob Jones, and Jim Keigley spoke. They supported the process that had taken place whereby the program space in the Senior Center was maximized and there are adequate bathroom facilities in the building on other floors. Dan Ensminger also expressed concern about subverting the process that had been used. On motion by Hines seconded by Burditt the Board of Selectmen voted not to support any change in the design of the Senior Cen- ter at this time by vote of 3-1-0 with Nigro against. Gene Nigro indicated he felt the Center should be available to all senior citizens with the least possible restrictions. Joe Giordano spoke with the Board with respect to the placement of a scoreboard facility at Hunt Memorial Park. He felt that it went against a process that was established with the Recreation Committee, and the Recreation Committee would like an opportunity to comment. The Board of Selectmen supported the Town Manager's position that this project should not be delayed and should go ahead. Chairman Dan Ensminger indicated that the Board would discuss a policy on the issue in general. Licenses The Notice of a Public Hearing for a liquor license at 323 Main Street was read. Stephen V. Miller, Esquire was present for the applicant. The applicant, Robert L. Childs, Jr. , and the proposed manager, Donna Cunningham, were present. They indicated g that they would employ 25 to 30 people, that it would be a sit down restaurant with take out available. The letters from Fire, Police, Health, Finance and Building Inspector were read; Stu LeClaire indicated that there were some old zoning enforcement Selectmens Minutes - 7/21/92 -page 2 issues - a stockade fence and lighting and that these would be . repaired by the applicant prior to occupancy. George Hines asked if there was another occupant of the building; it was indicated that the Subway would stay but Mr. Childs has first option on that space when their lease expires. Mr. Hines asked if the ap- plicant was aware of the Town's pouring policy. He indicated that he was aware of the pouring policy in Chapter 138 of the state law. All employees will be TIPS trained. Gene Nigro asked about experience in running a restaurant. Mr. Childs indicated that he did not have experience directly but his manager has. Donna Cunningham has waitressed, has been an assistant manager, and is now the office manager of Boston Sail Restaurant. She has been the manager for four years. The question was raised as to whether or not the loan for the property is contingent on obtain- ing a liquor license. It was indicated that it was not, but that the .license would be pledged. Mr. York read a statement in opposition to granting a liquor license. Mr. Nichols indicated there were two problems - one was the liquor license and one was the Zoning Board of Appeals deci- sion. Mr. Campbell who abuts the property to the rear had previ- ously objected to the encroachment of the business into the residential area. Mr. Nichols indicated that the fence was gone on the north and south side. He wanted to know what the rush was. He asked who owns the building (Gino's Corporation owns it and Mr. Childs is subleasing from Hardees) . Mr. Nichols pointed out a discrepancy in the distance of the front footage to the back footage. He indicated that there should be 19 parking --` spaces in the rear and now there are more. He asked about the number of liquor licenses available in the Town. He suggested that the Board of Selectmen think it over. Mr. Brown indicated that he supported Mr. York in opposition to the license. The Lobster Claw is a similar restaurant in North Reading and it doesn't have a liquor license. Mr. Ensminger asked if there were any current violations of pouring policies and the Town Manager indicated that he was not aware of any. Bill Burditt indicated he had talked with the police and they indicated that they had "never had a problem with a licensed facility in Town. " He doesn't think an additional license will create a problem. It will give an additional option for dining in the community. George Hines indicated that Mr. Childs said he would fix the fence - there are four to five sections missing. He will try to get the owners to do it but if that is not possible he will. Mr. Childs indicated that he would limit consumption - the alcoholic license is to enhance the dining experience. All employees will be trained in TIPS. Leo Campbell from Avon Street was concerned about the proposal, but after looking at the plan for the res- taurant felt that it would be OK. Mr. York indicated that the population is going down and having a license there is a tempta- tion to serve alcohol. The letters from the Health Director, Police Chief, and Building Inspector were read into the record. On motion by Nigro seconded by Hines the Board voted to close the hearing at 8:30 p.m. by vote of 4-0-0. On motion by Hines seconded by Burditt the Board voted to approve a Common Victuallers license expiring 12/31/92 by vote of 4-0-0. Selectmens Minutes - 7/21/92 - page 3 Mr. Nigro indicated that Reading has only a short history of -, granting liquor licenses. He will be weighing the input from the public. He felt that there was little experience with this ap- plicant with the restaurant business. He would like to see them try it as a restaurant without a liquor license. He enumerated the opportunities to buy alcoholic beverages on Main Street. On motion by Hines seconded by Burditt the Board voted to approve a restaurant all alcohol liquor license including pledging of the license, and including the name of Donna Cunningham as the manager for Rugdale Corporation for a license at 323 MainStreet expiring 12/31/92 . Bill Burditt indicated that he didn't feel that we could judge the restaurant without a liquor license - it would be a different clientele. Gene Nigro indicated that urban centers have problems where more liquor establishments are avail- able. Mr. Hines indicated that he shared the concerns about liq- uor serving establishments. He indicated that the Town has acted responsibly in establishing guidelines in the pouring policy. He indicated that the applicant is a responsible individual. He also indicated that the burden of enforcement of drunk driving for kids is based on the parents and the adults who participate. Mr. Nigro reminded the Board that in recent years there were some infractions of serving to minors. He indicated that it was easy to give out a license but difficult to take it back. George Hines indicated that the Board takes the responsibility very seriously, and if there are violations they will be dealt with swiftly and harshly. Dan Ensminger indicated that we have not had problems in restaurants. On the motion, the vote was 3-1-0 ' with Nigro against and the motion was approved. Discussion/Action Items The Board of Selectmen reviewed the Town Manager's evaluation and the summary comments. . George Hines indicated that work needed to be done on the relationship with the Board and employees. He would have preferred to see a different approach for issues like reorganization. Team building with long-term upper staff is im- portant. Gene Nigro indicated that he had reviewed some of the material from the Board regarding their direction to the Town Manager to preserve services at any cost. The Board therefore must bear some of the responsibility for some of the problems related to the reorganization proposals. However, he was concerned that not much advance notice was given to the Board. The Town Manager needs to be careful that he understands what the Board is saying, and should mirror what the Board says periodically. communica- tion skills need to be improved. Some Saturday morning sessions may be helpful. Dan Ensminger indicated these were tough times. He notes the Town Manager "settling back into his old self" and doing a good job. We should revisit some of the issues of reorganization. We should make sure we are clear on lines on communication and direction. He felt the Town Manager is someone who is decisive and responsible and that is important in the position. Selectmens Minutes - 7/21/92 - page 4 Bill Burditt felt that the Town Manger is accessible, and help- ful. He can't comment on personnel issues since he doesn't see daytime government. George Hines indicated that Gene Nigro's comments were insight- ful. It is difficult for public employees in these times - they are stressed and challenged and feel the burden. From what he knows of the Town Manager he is someone who cares deeply about employees and human concerns. Ron Wood asked to have the employment agreement changed and brought up to date. He indicated that these are the past Selectmen's signatures. Mr. Ensminger indicated that through the evaluation process the Board is agreeing to a continuation of that agreement. On motion by Burditt seconded by Hanes the Board voted to go into Executive Session for the purpose of real estate negotiations and labor relations not to come into Open Session. All four members present voted in the affirmative and the motion was carried. The regular meeting adjourned at 9:30 p.m. Respectfully submitted, Secreta