HomeMy WebLinkAbout1999-11-30 Board of Selectmen Minutes Board of Selectmen Meeting
November 30, 1999
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,
Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Town Manager
Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore
Cohen, Finance Director Beth Klepeis, Paula Schena and the following list of interested persons:
Bill Brown, David Santomenna, Attorney Mark Gallant, Steve Hilf, Attorney Nick Ambeliotis,
Janet Baronian, David and Susan Puopolo.
Reports and Comments
Selectmen's Liaison Reports and Comments—Selectman Matthew Cummings had no report.
Selectman Camille Anthony noted she worked with the Chamber of Commerce at the Tree
Lighting Festival. She noted that there is a tour of the RMLD facilities this Saturday, and a
meeting of the Citizen Advisory Board needs to be scheduled.
Selectman George Hiries noted that he attended the Reading Ice Arena Board of Director's
Meeting. They are ahead of schedule for paying off the Town's share of the YMCA pool, and
they also made a payment for work at Symonds Way. He indicated that he was appointed as the
Selectmen's representative on this Board and there has been no renewal process in place.
Selectman George Hines noted that he also attended the Reading Municipal Light Board Meeting
last week on the budget. The Light Department spent $500,000 to prepare for Y2K. He asked
what the Town spent to prepare for Y2K, and the Town Manager noted approximately $50,000
to $60,000.
Selectman George Hines also noted that he has received complaints about the lack of volume at
the Selectmen meetings. He also noted that there seems to be a controversy over the new school
project. He wants the residents to understand that either way the money will be spent, even if the
new school is not approved.
Chainnan Sally Hoyt indicated that she received a letter from Dry Mandell and noted that staff
will review it.
Vice Chairman Matthew Nestor noted that the Reading Memorial High School Band is selling
Christmas trees at Sanborn Hill on Route 28. He noted that this is a new location, and
encouraged everyone to support the RMHS Band fundraiser.
Public Comment—There was no public comment.
Town Manager's Report
The Town Manager gave the following report:
Board of Selectmen Meeting—November 30, 1999—Pasze 2
♦ We are awaiting the delivery of the material(slate) for the Senior Center roof.
Installation will begin as soon as the materials are delivered which should be
between the end of this week and the end of the following week. He and
staff attended a check presentation with State Reps at the State House.
♦ The Route 129 project progresses well. All pavement work except for striping
is completed East of Hartshorn Street. Curbing work West of Grove Street is
ongoing and, weather permitting, we hope to have pavement of the entire
roadway complete by mid-December except for the intersection of Grove/
Lowell/Willow. Line striping will hopefully be done by the end of the week.
♦ Contracts for a pavement management system and for water distribution models
are out to bid.
♦ Work has started on the Auburn Street Neighborhood Improvement Project.
New fencing has been installed around the Water Tower. Curbing should be
delivered late this week.
♦ The exterior work on the Police Station is coming close to completion. We hope
to have the curb on-site and paving done within the next week, and the Union and
Middle Street curbing and sidewalk started early next week.
♦ We received a violation notice from the State for removing the Auburn Street
Water Tower(the Rocket)without State approval. They have ordered us to do
a study of our water storage needs (which is ongoing).
♦ We have received the ENF for the proposed intersection improvements to I-93 -
and Route 129. The construction is entirely within the Town of Wilmington.
The effect on Reading is to provide a direct ramp from Southbound 1-93 to
Westbound 129, and to provide a direct ramp from Northbound I-93 to
Eastbound (towards Reading Square) Route 129. The Board has a letter
developed by staff under the comment period for this project. The site visit
is this Friday and will be attended by staff. This project has been on the
drawing board since 1981. The Conservation Commission wants to be able
to review.
♦ The AIDS Awareness Candlelight Ceremony is scheduled for tomorrow
night at 7:00 p.m. on the Common.
♦ There has been an outbreak of Pertussis (whooping cough) primarily at the
Reading Memorial High School. The Health Division is working with the
School Department to get information out to all affected and all potentially
affected parties. This disease is highly contagious but is very treatable.
There are 16 confirmed cases and it seems to be spreading by teams.
♦ The Board of Selectmen is meeting tomorrow night relative to the municipal
Budget. This is not a Financial Forum meeting involving the FinCom and the --
School Committee although they are obviously welcome to attend the meeting
which is open to the public.
Board of Selectmen Meeting—November 30, 1999—Page 3
- ♦ Regarding the contamination issue at Symonds way, 20 yards were removed.
This contamination was caused by the prior use as a Nike site, not the Town.
♦ The deadline for Corporex is tomorrow. The Town Manager will report to the
Board on the 14th
♦ The Thanksgiving Adopt-A-Family went very well. A total of 41 families and
45 organizations made donations, and 132 adults, 106 children and 50 senior
citizens received baskets.
Proclamations/Certificates of Appreciation
Certificate of Appreciation—Bill Hancock - On motion by Hines seconded by Nestor, the Board
of Selectmen approved a Certificate of Appreciation honoring Bill Hancock. The motion was
approved by a vote of 5-0-0.
Personnel and Appointments
Board of Cemetery Trustees — Janet Baronian was present to be interviewed for one position on
the Board of Cemetery Trustees.
On motion by Anthony seconded by Cummings, the Board of Selectmen placed the following
name into nomination for one position on the Board of Cemetery Trustees with a terns expiring
June 30, 2002: Janet Baroman. Ms. Baronian received five votes and was appointed.
Contributory Retirement Board — Elizabeth Klepeis was present to be interviewed for one
position on the Contributory Retirement Board.
On motion by Cummings seconded by Hines, the Board of Selectmen placed the following name
into nomination for one position on the Contributory Retirement Board with a term expiring
December 31, 2002: Elizabeth Klepeis. Ms. Klepeis received five votes and was appointed.
Discussion/Action Items
Approve P & S Marion Woods - The Town Manager noted that Town Meeting approved this last
Summer. Town Counsel Theodore Cohen has copies of the agreement, and David Santomenna
from the Trust for Public Lands is present.
Selectman George Hines noted that the Town did not get the full amount of the grant, and asked
if the Town had taken into consideration that we wouldn't get the full amount. The Town
Manager noted that Town Meeting voted to go forward with or without the grant. He also noted
that Reading got the largest amount of grant money.
Vice Chairman Matthew Nestor noted that Secretary Durand determined to limit the amount of
the grant at $250,000, and that it was not fair for him to change the rules in midstream. He
_suggested that the Board of Selectmen should convey their disappointment in the process.
Board of Selectmen Meeting—November 30 1999—Page 4
Selectman George Hines asked what budget this is being financed from, and the Town Manager
indicated it will be financed from the Open Space Bond Fund. It will be financed over 10 years.
Selectman Camille Anthony cautioned the Board before saying something to the State.
Selectman George Hines agreed with Vice Chairman Matthew Nestor, and noted that the Board
and Town Meeting make decisions on the concept that is presented to them.
Selectman Matthew Cummings noted that it was very clear that Town Meeting was ready to pay
the full amount and if we got a grant, then great. Most decisions are made without relying on
grant money, and the Board should use caution before saying something to the State.
Selectman George Hines noted that all of the proponents for the school project are expecting
66% reimbursement from the State.
Vice Chairman Matthew Nestor agreed that Town Meeting knew we were on the hook for the
money but the fact that one person changed the rules is unfair.
David Santomenna indicated that he shared the Board's frustration, and he commended the staff
for the great job they did on the grant.
Town Counsel reviewed the Purchase and Sales Agreement. He noted that it was to acquire 8
plus acres of land for $800,000 with a $1 deposit. It was placed in the Central Register under
unique property acquisition and the closing is scheduled for December 15, 1999. He indicated
that there is no broker involved. A default clause is put in the Agreement that would allow the
Trust for Public Land to take the Town to court if the Town defaults. Normally, the seller can
keep a deposit but the Town is only putting up $1 so this clause is put in. Town Counsel noted
there is also an agreement between the Trust and Seller to put up signs indicating Marion Woods.
Selectman George Hines asked if there was a specified period of time in which the Town can
back out. He noted that the Town could be faced with a disaster and still be forced to buy the
property. Vice Chairman Matthew Nestor noted that if the Board signs the agreement tonight,
then there is no backing out tomorrow.
The Town Manager noted that the buyer usually puts down a 10% deposit. The Town is only
putting down$1.
Vice Chairman Matthew Nestor noted that the only thing we are Iosing is 14 days. The money
will be changing hands on December 15`x', and he couldn't imagine a disastrous event happening
before then.
Selectmen George Hines noted that the Board needs to know these things ahead of time.
Board of Selectmen Meeting—November 30 1999—Page 5
On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the signing
of the Purchase and Sales Agreement and all other documents necessary to complete the
acquisition of the property on Mill Street known as Marion Woods. The motion was approved
by a vote of 4-0-1, with Hines abstaining.
Approve Purchase and Sales Agreement — 75 Pleasant Street - The Town Manager noted that
Town Meeting appropriated$1 for the purchase of 75 Pleasant Street and the purchase rights will
go to the Reading Housing Authority. The closing is scheduled for January 21, 2000.
Negotiations have been between the Reading Housing Authority and the seller. A 30 day notice
requirement has been placed in the Central Register. This Purchase and Sales Agreement is
similar to the previous one except that a broker is involved and will be paid by the seller.
Selectman Camille Anthony asked if the Purchase and Sales Agreement has been seen by the
seller's attorney, and Town Counsel noted that it has not. Selectman Camille Anthony indicated
she wanted to wait on approving it so that everyone can review the information. Town Counsel
noted that the attorney for the Reading Housing Authority has been communicating with the
seller's attorney and he is trying to accommodate everyone's schedule.
Selectman Matthew Cummings asked where in the contract it states that the Reading Housing
Authority is purchasing the property. Town Counsel noted that Paragraph 4 indicates that the
Reading Housing Authority is the nominee. Vice Chainnan Matthew Nestor noted that
Paragraph 22 indicates that the default damages to the Town is $1.
Selectman Matthew Cummings indicated that Paragraph 1 indicates the buyer is the Town for
$233,750. Town Counsel indicated that Town Meeting only appropriated $1. Selectman
Matthew Cummings asked why the Reading Housing Authority is not the buyer. Town Counsel
noted that this is to accommodate the seller because of the terms of the contract that the seller has
with the real estate broker regarding commission.
On motion by Hines seconded by Nestor, the Board moved to approve the signing of the
Purchase and Sales Agreement and all other documents necessary to complete the acquisition of
the property at 75 Pleasant Street. Selectman Hines withdrew the motion until Selectman
Anthony's concerns are taking care of. The Board will reconsider this at their meeting on
December 7, 1999.
Town Counsel noted that there are two conservation restrictions that the Conservation
Commission is meeting about tomorrow. They are waiting to hear from the Secretary of
Environmental Affairs Office and the Selectmen will need to approve these. This is regarding
parcels A and B off of Salem Street. They are two new houses adjacent to Timberneck Drive
and the closing is on Friday. The Conservation Commission will present this to the Board of
Selectmen on December 1, 1999 for their approval.
Close Warrant — Special Election - Town Counsel noted that the language used is what was
-- taken to the voters for signature.
Board of Selectmen Meeting—November 30, 1999—Page 6
Selectman George Hines asked if the Selectmen put a question on the ballot would it be binding.
Town Counsel responded that generally there is Town Meeting action first. He would
discourage putting a question on the ballot that challenges the school question. Vice Chairman --
Matthew Nestor noted that the unintended consequence could confuse people. Selectman
George Hines noted that the Town is spending $9,000 on an election, and the result may not take
care of the problem. Selectman Matthew Cummings noted that he shares George's concerns but
noted that we shouldn't suggest alternatives if there is no possible solution.
On motion by Anthony seconded by Cummings the Board of Selectmen voted to close the
Warrant consisting of one Article for a Special Election to be held on January 11, 2000 from
7:00 a.m. to 8:00 p.m. at the Hawkes Field House, 62 Oakland Road, Reading, Massachusetts.
The motion was approved by a vote of 5-0-0.
Approval of Liquor Licenses — The Town Manager noted that there are three sets of liquor
licenses up for renewal. All license application have been reviewed by the Police Department,
verification of TIPS or TAMS training has been received and all taxes have been paid.
On motion by Hines seconded by Cummings, the Board of Selectmen voted to approve the All
Alcoholic Club Liquor Licenses for:
Reading Overseas Veterans, Inc., 575 Main Street
Meadow Brook Golf Club, 292 Grove Street
Knights of Columbus, 11 Sanborn Street
Reading Veteran's Association, 37 Ash Street
for a term expiring December 31, 2000, subject to the following conditions:
I. 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 alcoholic
beverages shall be trained in TIPS, 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 was approved by a vote of 5-0-0.
The Town Manager noted that the package store applications have all been reviewed and the
requirements have been met.
On motion by Cummings seconded by Nestor, the Board of Selectmen voted to approve the All
Alcoholic Package Store Liquor Licenses for:
Reading Liquors, 345 Main Street
Square Liquors, 1 I High Street
North Side Liquors, 1349 Main Street
for a tern expiring December 31, 2000, subject to the following conditions:
Board of Selectmen Meeting—November 30, 1999—Page 7
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 alcoholic
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 was approved by a vote of 5-0-0.
The Town Manager noted that all of the restaurant applications have been reviewed. Harrow's is
now a catering business but still falls under this category. The Station House Restaurant still
owes water and sewer fees and it will be paid by December 15, 1999. The license will not be
issued until all fees are paid. Selectman Camille Anthony noted that Emperor's Choice and the
Station House haven't sent in their training certification. The Town Manager will follow up on
this.
On motion by Cummings seconded by Hines, the Board of Selectmen voted to approve the All
Alcoholic Restaurant Liquor Licenses for:
Mandarin Reading Restaurant, 296 Salem Street
Mecom, Inc. d/b/a Cafe Capri, 355 Main Street
Station House Restaurant, 32 Lincoln Street
Harrow's Poultry Products, Inc. d/b/a Harrow's Restaurant,
126 Main Street
Emperor's Choice Restaurant, 530 Main Street
for a term expiring December 31, 2000, 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 alcoholic
beverages shall be trained in TIPS, 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.
Selectman George Hines asked if the Station House Restaurant could be removed from the
motion and voted on separately.
On motion by Cummings seconded by Hines, the Board voted to remove the Stationhouse
Restaurant from the motion. The motion was approved by a vote of 5-0-0. The main motion as
amended was approved by a vote of 5-0-0.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the All
Alcoholic Restaurant Liquor License for: Station House Restaurant, 32 Lincoln Street, for a
term expiring December 31, 2000, subject to the following conditions:
Board of Selectmen Meeting—November 30, 1999—Paye 8
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 alcoholic
beverages shall be trained in TIPS, 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;
3. All tennis and conditions of the Deed be adhered to.
The motion was approved by a vote of 4-0-1, with Anthony abstaining.
On motion by Nestor seconded by Hines, the Board of Selectmen voted to approve the Wine and
Malt Liquor License for: Focaccia, Inc. d/b/a Focaccia Restaurant, 601 Main Street, for a tern
expiring December 31, 2000,subject to the following conditions:
1. That Section 3.3 of the Board of Selectmen's Policies—Sale of Beer and
Wine in Restaurants; 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 alcoholic
beverages shall be trained in TIPS, 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 was approved by a vote of 5-0-0.
Approval of 24 Hour Operation — Reading Texaco — Secretary George Hines read the hearing
notice. The Town Manager noted that the Town has a Bylaw that does not allow 24 hour
operation so a hearing is needed. This is the only station in Town that is allowed to operate 24
hours a day.
Attorney Mark Gallant was present to represent Motiva LLC which is Texaco and Shell working
together. T.T. & E. was the previous owner and sold the business in April to Motiva. The store
manager Steve Hilf was present. Abutters have been notified. Motiva has donated to the
Reading Park Department, Food Pantry and is a drop off location for Toys for Tots.
On motion by Nestor seconded by Cummings, the Board of Selectmen voted to close the hearing
on an application for 24 hour sale by Motiva Enterprises, LLC d/b/a Reading Texaco Station at
87 Walkers Brook Drive. The motion was approved by a vote of 5-0-0.
On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve an
application for 24 hour sales by Motiva Enterprises, LLC d/b/a Reading Texaco Station at 87
Walkers Brook Drive, upon a finding that in accordance with Section 5.10.1 of the General
Bylaws, the Board finds that it is in the interest of the public health, safety and welfare to permit
such operation; and that there is no detrimental effect of such operation on the Town or the
immediately abutting neighbors, and subject to the following conditions:
Board of Selectmen Meeting-November 30, 1999-Page 9
1. The approval expires at midnight, December 31, 2000;
2. All signs shall conform with the Zoning By-Laws of the Town of Reading;
3. The menu of food to be covered by the Common Victualler's License
shall be limited to those items specified in the license application;
4. The gasoline service station shall, in fact, be open 24 hours'a day, seven
days a week;
5. The operator will ensure that there is a supply of gasoline available at the
station during all hours that the station is open;
6. The operator will provide gas cans for motorists who run out of gasoline
on the road;
7. The operator will prepare and post a list of local 24 hour towing and repair
shops that are open 24 hours a day for those who need it;
8. Bathroom facilities shall be open 24 hours a day.
The motion was approved by a vote of 5-0-0.
Hearing on Transfer of Stock - Square Liquors - Secretary George Hines read the hearing
notice. Attorney Nick Ambeliotis was present representing Square Liquors. He noted that James
Burns was buying 100 shares, and is seeking the Selectmen's approval of transfer from John
Levantakis to James Burns.
On motion by Cummings seconded by Anthony, the Board of Selectmen voted to close the
- hearing on the transfer of stock by Square Liquors. The motion was approved by a vote of 5-0-0.
On motion by Cummings seconded by Nestor, the Board of Selectmen voted to approve the
application for a transfer of stock by Athens Liquors, Inc. d/b/a Square Liquors, 11 High Street.
The motion was approved by a vote of 5-0-0.
Hearing on Stop Sign-Union/Hamden Street- Secretary George Hines read the hearing notice.
The Town Manager noted that the Parking, Traffic and Transportation Task Force recommends
approval of a stop sign on Union Street westbound at Hamden Street.
Selectman Camille Anthony asked if Hamden Street was considered and the Town Manager
noted that it wasn't because there is a yield sign there. Selectman Camille Anthony indicated she
didn't think Union Street was the best place for the stop sign. Selectman George Hines agreed
with Selectman Camille Anthony that Hamden Street should be stopped.
On motion by Hines seconded by Cummings, the Board of Selectmen voted to close the hearing
on the installation of"stop" signs at Union/Hamden Street.
On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve the
installation of a "stop" sign westbound on Union Street at Hamden and northbound on Hamden
Street at Union. The motion was approved by a vote of 5-0-0. -
Board of Selectmen Meeting—November 30, 1999—Page 10
Hearing on "Do Not Enter" Sign at Police Station Driveway on Middle Street — Secretary
George Hines read the hearing notice. The Town Manager noted that at a Police Station
Building Conunittee meeting a neighbor suggested putting up a sign at the driveway on Middle
Street.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to close the hearing on
the "Do Not Enter Emergency Vehicles Exempt" sign at the Police Station driveway on Middle
Street. The motion was approved by a vote of 5-0-0.
On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve the
installation of a"Do Not Enter Emergency Vehicles Exempt" sign at the Police Station driveway
on Middle Street. The motion was approved by a vote of 5-0-0.
Approval of License on Beacon Street—Puopolo—The Town Manager noted that Town Meeting
approved the issuance of the license, and now the Board of Selectmen need to give the go ahead
to draft up a license. The Town Manager suggested that the minimal are to be licensed should be
defined; the property is to be returned to the Town in the original condition at the expiration or
revocation of the license; liability insurance must be carried and the Town must be indemnified.
The Puopolo's had asked that the license be able to be transferred in the event that they sell their
home but Town Counsel said no -- it would become an easement not a licenser
Selectman George Hines asked if the Town had some use for the property in the future, could it
take it back and the Town Manager responded yes -- the license would have termination
conditions.
Mrs. Puopolo asked if the license would automatically renew, and the Town Manager noted that
no renewal would be required. Mrs. Puopolo asked if a 90 day notice of termination clause
could be put into the license, and the Town Manager indicated yes.
The Puopolo's indicated that they want to have a driveway in by December 15th but they need
the Board's permission. Vice Chairman Matthew Nestor noted that they could pave at the risk
that the license would not be approved. Mrs. Puopolo asked if there was any financial
obligations, and Vice Chairman Matthew Nestor noted that the Town requires them to carry,$1
million in liability insurance. He suggested that they get a quote on the insurance before paving
the driveway. Mrs. Puopolo asked that the property be defined in the agreement.
The Town Manager will reschedule this for December 14, 1999.
Approval of Minutes
On motion by Hines seconded by Cummings, the Board of Selectmen voted to approve the
minutes of their meeting of September 18, 1999. The motion was approved by a vote of 4-0-1,
with Anthony abstaining.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes
of their meeting of October 7, 1999 as amended. The motion was approved by a vote of 4-0-1,
with Anthony abstaining.
Board of Selectmen Meeting=November 30, 1999—Page�
On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes
of their meeting of November 9, 1999 as amended. The motion was approved by a vote of 3-0-2,
with Cummings and Anthony abstaining.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes
of their meeting of November 10, 1999 as amended. The motion was approved by a vote of
4-0-1, with Cummings abstaining.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes
of their meeting of November 16, 1999 as amended. The motion was approved by a vote of
3-0-2, with Nestor and Hoyt abstaining.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to adjourn their
meeting of November 30, 1999 at 10:15 p.m.
Respectfully submitt d,
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Secre ry