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HomeMy WebLinkAbout1991-06-11 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting June 11, 1991 Present were Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Selectmen George Hines and Russ Graham. The meeting convened at 7 : 15 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Also present were the following list of interested parties: Joseph DeCola, David Stephenson, Gary Demopoulos, Warren Smull , Diane Baum- gartner, Steve Finn, Steven Oston, Jim Nugent, Linda L. King, Regina Snyder, Gretchen Latowsky, William Murphy, Bill Brown, Gerry MacDonald, John P. Sullivan, Tom Gawrys, Cathy Bozzi, Mat- thew Bouchie, Arnold Berger, Coni Russell, Shannon Russell, Katie LeCain, Robert Bozzi, Donna Schromm, Paul Schromm, Patricia Bouchie, Karen Dauphinee, Arthur F. Bent, Jr. , Cara Undrisano, Sharyn Boornazian, Marybeth Griffin, Kirsten Manville, Richard Nelson, Ken MacKinnon, Kim Cryan, Ray Cryan, Paul F. Feely, Clark Rulison, Joseph Morello, Anthony J. Fisichella, Maria Bunten, Celeste Fitzpatrick, Bob Bennett, Ed Marchand, Kevin Patterson, Robert Flynn, William Horan, Bruce Berger, Daniel Leduc, Chris Puleo, Roger Seabury, and Ted Cohen. On motion by Graham, seconded by Hoyt, the Board voted to approve the minutes of May 21, 1991 as submitted by a vote of 5-0-0. On motion by Graham, seconded by Hoyt, the Board voted to approve the minutes of May 28, 1991 as submitted by a vote of 5-0-0. - On motion by Graham, seconded by Hoyt, the Board voted to approve the minutes of June 3, 1991 as submitted by a vote of 5-0-0. Warren Smull from the IndustriPlex Site Remedial Trust made a presentation to the Board of Selectmen and interested parties regarding their progress on cleanup of the IndustriPlex Site in Woburn. They are working with the MBTA and others regarding an MBTA station on the site, and are aware of plans for transporta- tion improvements to the site. Marketing of the site will take place when appropriate and will help to fund the cleanup. Trust funds cannot be used for intersection improvements. The trust is overseen by the EPA and the Massachusetts DEP. The Hazardous Waste Committee reviews this project on an ongoing basis. Present from TASC were President Arthur Gelb, Vice President Harry Silverman, Tom DiLello and Marvin Cohen. On motion by Hoyt, seconded by Graham, the Board approved a proclamation for TASC, celebrating their 25th anniversary, by a vote of 5-0-0. The Board expressed their congratulations on their twenty-five years of being in business, and their appreciation for all that TASC had done for the community. Dave Bunten and a large number of supporters of the RMHS Band were present to receive a proclamation congratulating them on their winning of the award at the Apple Blossom Festival. On mo- tion by Hoyt, seconded by Ensminger, the proclamation was ap- proved by a vote of 5-0-0. Dave Bunten expressed his apprecia- tion to the Town for agreeing to display the trophy for a month or so until a suitable site was available in the high school. The Board of Selectmen noted that this kind of award is not i Selectmen's Minutes 6/11/91 Page 2 likely to be repeated in the long run because of reductions in financial support for the band at the middle school level. On motion by Graham, seconded by Hines, the Board approved the award of a Certificate of Appreciation to Charles A. MacGil- livary, who is a Congressional Medal of Honor winner who will be speaking at the Desert Storm welcome home ceremonies on June 23. Liaison Reports Russ Graham indicated that he had attended the all boards meeting on June 6. Dan Ensminger indicated that he had attended a meeting of the John Carver Road neighborhood regarding the hockey rink. He also attended the FinCom meeting last night as well as the all boards meeting. George Hines attended the all boards meeting, and briefly at- tended the FinCom meeting last night. The Ice Rink Committee has been organized, and George Hines is the Chairman, with Dana Hen- nigar as Vice Chairman and Pat Keane as Secretary. They will meet on June 26, and will have a recommendation by early Septem- ber to the Board of Selectmen. Sally Hoyt indicated that the Tire and Battery Collection would be June 22. She attended the all night party given by the Senior Class. She attended the Scholarship Foundation program, and at- tended the High School graduation, and expressed concern about the anger towards the Board of Selectmen and the Finance Com- mittee. Eugene Nigro indicated that he had attended a Massachusetts DPW meeting regarding the I-93/129 intersection and Inwood Park im- provements, with the Town Planner and the Town Manager. He had attended the Reading Chamber of Commerce social event, at which Brad Latham was named the Man of the Year. He had attended the FinCom Appointment Committee Meeting and it has been rescheduled for Monday with a request that the incumbents be present. Public Comment Bill Brown suggested that we bring facts and figures on the lad- der truck repair costs to Town Meeting at their discussion. He also suggested that if we do get a new ladder truck we consider putting a sander on the old ladder truck. Gerry MacDonald asked about the status of the grant for the Fire Station conversion to a Senior Center. The Board of Selectmen opened a public hearing on the Street Lighting Policy. Bill Murphy from Dividence Road asked what the effect would be on private ways, and the Board of Selectmen dis- cussed the status of the agreement with the RMLD. George Hines moved to defer final adoption to the next meeting on June 25 , giving additional time for input and allowing the revised policy to be retyped. Selectmen's Minutes - 6/11/91 - Page 3 The public hearing regarding the liquor license suspensions of Meadow Brook Country Club, Reading Liquors, P & B Liquors d/b/a Square Liquors, and Uptown Liquors was opened. Sally Hoyt read the notice of the hearing. All parties have agreed to sufficient facts regarding the circumstances in the case. Chief Marchand made a presentation as to exactly what happened. George Hines and Peter Hechenbleikner, both non-voting members of Meadow Brook, have been informed by Town Counsel that there is no con- flict of interest in their involvement with the hearing. Sally Hoyt asked if the nineteen-year-old did, in fact, look older than nineteen years old. Eugene Nigro asked who would make the deter- mination of whether or not to proceed with criminal charges on the license issue. Chief Marchand indicated that is a Police Department matter. He felt that this was the most appropriate way of dealing with the situation since it would deal with the licensee, not the employee. George Hines noted for the record that the youth in question was not present, and the estab- lishments had a choice as to have the person present. Eugene Nigro indicated that the witness was a police officer. Chief Marchand indicated that the youth is an out-of-town youth who is involved in police work through the Explorers and would be paid for his work. He indicated that the establishment has respon- sibility to check for identification. Russ Graham asked what ,the reason was for doing this operation, and Chief Marchand indicated that the Police Department has information that "alcohol could be purchased by youth in Reading. " Detective Flynn commented to the Board that he felt the individual involved was young-looking, and did not look over nineteen years of age. Jack McDonald, Vice President of Meadow Brook, had no questions, but would like to make a presentation. He introduced Daniel LeDuc, President of Meadow Brook Country Club, Roger Seabury, Manager, `and Chris Puleo, Bartender. He indicated that they have 430 members, 60% of whom are from Reading. Their function room accommodates 175 people for member and outside functions. With regard to remedial steps, they have re-instructed the staff. They have met with Chief Marchand who suggested a Police Officer detail at many functions. They have implemented this program and will continue it for events where attendance exceeds 75 people. They have had no incidents historically, and feel that a suspen- sion of one day, based on their history, would be appropriate. Gene Nigro asked if the bartenders had attended educational training programs. Bruce Berger from Reading Liquors asked the Chief if there are any incidents or complaints that may have precipitated this sting operation. Chief Marchand had not had complaints in some time. The number of arrests for operating under the influence, the num- ber of incidents with kids with alcohol, and the fact that this is graduation time of year precipitated this operation. Eugene Nigro indicated that he has heard at the high school that it is -- easy to acquire alcohol in Reading. Bruce Berger indicated that they take the responsibility seriously. They hire people who can exercise judgment, and they only hire experienced people. The youngest cash register employee is thirty-five years old, and they have instructions to "card" anyone who is under thirty years Selectmen's Minutes - 6/11/91 - Page 4 old. They will accept a Massachusetts driver's license only.. Sally Hoyt asked if they knew who had made the sale and how long they were employed. Bruce Berger indicated that they had been employed approximately one year, but had twenty years prior ex- perience. The person beside the cash register attendent was the assistant manager. They always have a management person in the store. They will check on programs of employee training. Eugene Nigro indicated that any suspension is a serious matter. There had been. one store previously suspended for one day under a previous owner. He asked what Berger thought would be a reasonable penalty. Berger felt that certainly a warning would be in order, and if the same operation was conducted again, then a penalty should be more serious. He also agreed that there should be a contribution to Substance Abuse Revolving Fund. The liquor store used to employ a detail during busy hours, but the cost is prohibitive and it doesn't relieve the liquor license holder of responsibility and liability. Bill Murphy from the audience recommended that they follow the Chief's recommendation. Mr. Horan indicated that the Police Department had done the training at Square Liquors, and the RPD, while they were doing that training, also arrested a person for buying underage. He didn't feel that a police detail at liquor stores was needed. They use the service of the Police Department for crime preven- tion, and feel that additional training is appropriate. Gene Nigro asked about unsupervised delivery of beer and Mr. Horan in- dicated that was under the control of the trucking company and there was always someone present. He felt that a donation to M.A. D. D. or local drug prevention programs would be an ap- propriate penalty. He hires mostly experienced people or postal workers. He has five employees total, most of whom have a year and one-half experience. There are no full-time employees other than himself and his wife. He trains new employees for thirty days. He is very concerned about being closed down with a suspended license, and in lieu of that would agree to community service and to speak to the kids. Arthur Bent, Jr. indicated that he had purchased the Uptown Liq- uor Store three and one-half years earlier. He had met with Chief Marchand at the time, and agreed to install a video camera. He has explored the TAM Training Program, and will meet the recommendation that 50% of the clerks attend that program when it meets in September. He has experienced help. He felt that a fair penalty would be a verbal warning for the first offense, plus a donation to Drug and Alcohol Education programs. Les York and Rob Bennett from S.A.D.D. spoke. George Hines reiterated that everybody agreed with the facts. On motion by Hines, seconded by Ensminger,, the Board moved to close the hearing at 10: 10 P.M. The motion was approved by a vote of 5-0-0. The Chief was asked why he had recommended a three-day suspen- sion. He indicated that he had spoken to the people at the Al- coholic Beverage Control Commission, and if the case went to them, they would probably get three days suspension. Russ Graham noted the problem with teen-age drinking and the potential for disaster is high. There are three groups involved in this issue: Selectmen's Minutes - 6/11/91 - Page 5 the owners of the licenses, the youth involved and the Police Department. He feels that we should support the Police Depart- ment. Ted Cohen, Town Counsel , indicated that there is no statutory provision for a fine. If the Board is looking for a fine in lieu of suspension, this could be done as a voluntary contribution and the Board could then dismiss any suspension. There was discussion as to whether there were any records on violations for package stores in the past five years, and it was indicated that Square Liquors, under a previous owner, had had a problem, and that the ABCC had a problem with another liquor store. They have not had recent problems. Dan Ensminger indi- cated that he would support a one-day suspension. George Hines indicated that he would support a one-day suspension with a com- mitment to community service and a contribution to the Drug and Alcohol Education programs in lieu of the additional days of suspension. Sally Hoyt indicated that she approved the actions of the Chief and the Police Department and would recommend a three-day suspension. Eugene Nigro felt that a three-day minimum suspension was appropriate, and Russ Graham felt the same. Chief Marchand indicated that he would look for consecutive days of suspension. On motion by Graham, seconded by Ensminger, the Board voted to impose a three-day suspension for the licenses of Meadow Brook Country Club, Reading Liquors, Uptown Liquors, and P & B Liquors d/b/a Square Liquors . The suspension for Meadow Brook Country Club will be June 18, 19, and 20 if there is no ap- peal to the ABCC taken. If there is an appeal, then it will be the Tuesday, Wednesday, and Thursday following the action of the ABCC upholding the appeal. The suspension of the Reading Liq- uors, Uptown Liquors, and P & B Liquors d/b/a as Square Liquors licenses will be Tuesday, Wednesday, and Thursday, June 18, 19, and 20 if no appeal is taken. If an appeal is taken to the ABCC, then the suspension will take place on the Tuesday, Wednesday and Thursday following the action of the ABCC. Hines moved that the suspension be for one day subsequent to a finding and that a volunteer commitment to community service of ten hours and a contribution of two hundred dollars ($200.00) to the Drug and Alcohol Task Force is made. The motion was not seconded. Mr. MacDonald indicated that Meadow Brook Country Club would make such a contribution. Bill Murphy asked whether the Board of Selectmen needs to reach conclusion this evening (the answer is no) . George Hines moved and Dan Ensminger seconded that the suspensions be modified as follows: Meadow Brook Country Club - Tuesday, Wednesday, and Thursday, June 18, 19, and 20; Reading Liquors, P & B Liquors d/b/a Square Liquors, and Up- town Liquors be suspended for June 24, 25 and 26, all subject to the condition that if any of the parties files an appeal to the ABCC, that the suspension will be for the Monday, Tuesday, and Wednesday for the three package stores, and the Tuesday, Wednes- day and Thursday for the Meadow Brook Country Club, following the action of the ABCC. The amendment was approved by a vote of 3-2-0, with Graham and Nigro against. On the main motion, the motion was approved by a vote of 5-0-0. Tom Gawrys of MWRA spoke to the Board of Selectmen. Reading is ones of twenty-five communities that he is assigned to as a public Selectmen's Minutes - 6/11/91 - Page 6 information officer. He reviewed the Hayes Pump Station odor problem. They have installed a new ventilation system connected to the stack of the old station, and have had no complaints. He indicated that rate increases initially projected at 42% for Reading, with a system-wide average of 40%, may be reduced slightly on final adoption of the budget. This is mostly capital construction. The average water and sewer bill is $400 per year, by 1996 it will probably be $800 per year for a family of four, and by the year 2000 will be $1000 per year. If the MWRA can get the judge to relax the schedule past 1996, they may be able to meet all of their requirements for water pollution control and stop at an expenditure of $4 billion, rather than $6 billion as projected. They want to build for dry weather secondary treat- ment as opposed to wet weather secondary treatment. The metering system is in place and is in the process of being revised and. tested. The preliminary readings are being reviewed by the, local departments of public works to see if they are ac- curate. Gene Nigro asked if we can get into the MWRA water sys- tem, and the comment was that it was unlikely. MWRA is spending a great deal of effort in ensuring that non-MWRA water supplies continue to be protected. The Town Manager asked for an ex- pedited rate setting schedule. Mr. Gawrys did not know what per- centage of the communities have a full enterprise accounting sys- tem. Mr. Gawrys indicated that about two percent of the total project cost is federally funded. The MWRA Board is made up of three members appointed by the Mayor of Boston, three members of the Advisory Board, one-'representative from Winthrop and Quincy each, one representative of the Merrimack Valley River Basin, ap- pointed by the Governor, one member of the Connecticut River Basin, appointed by the Governor, and the Secretary of Environ- mental Affairs also appointed by the Governor. The concern about the Advisory Board having decision making authority would be that the weighted vote would have all decisions controlled by Boston- Cambridge. Celeste Fitzpatrick of Medford appeared before the Board to request a Peddler's License to rent a piece of sidewalk in front of the Registry. She runs another concession in Beverly, and is considering Framingham and is going to try to get a Peddler's License in Boston. She feels that it would not interfere with Pedestrian Traffic because there are no pedestrians. She indi- cated that everything was negotiable. On motion by Hines, seconded by Graham, the Board moved that the Peddler's License to Celeste Fitzpatrick, waiver of Item 3 of the Policy, and subject to a license of $200 per month be approved. The motion failed on a vote of 1-4-0, with Hines voting in the affirmative. Dan Ensminger suggested that the Board review the policy to permit this kind of a situation. The Board of Selectmen discussed the appointment of Town Counsel. On motion by Ensminger, seconded by Hoyt, the Board placed the names of the three finalists for Town Counsel position into nomination for a one-year term, expiring 6-30-92, with renewal each year up to three years. Koppelman & Paige received one vote, Murphy, Hesse, Toomey & Lehane received no votes and Tyler Selectmen's Minutes - 6/11/91 - Page 7 & Reynolds received four votes. Tyler & Reynolds was appointed to Town Counsel for a term from July 1, 1991 through June 30, 1992 . The Board members commented that all three firms were qualified, that the Search Committee did an excellent job, and that much of the decision had to do. with a total capped expense .versus a more flexible arrangement. The majority of the Board members felt that there would be no significant cost savings. George Hines pointed out that most firms felt that they could do it cheaper than we are having it done now, and thought it was time to try a different, financial arrangement. He felt, though, that Tyler & Reynolds would do an excellent job as Counsel. George Hines left the meeting at this time. On motion by Ensminger, seconded by Hoyt, the Board voted to ap- prove the Summerfest Carnival by a vote of 3-0-1, with Graham abstaining. The Board specifically directed attention to safety concerns regarding the fireworks. The Board supported the placement of a preamble in the motion on the FY92 Budget to avoid further delay in its implementation. On motion by Graham, seconded by Hoyt, the Board voted to adjourn at 12:30 p.m. by a vote of 4-0-0. Res ctfully submitted, SXecretZr