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HomeMy WebLinkAbout2010-04-13 Board of Selectmen Minutes Board of Selectmen Meeting April 13,2010 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Counsel Ellen Doucette, Fire Chief Greg Burns, Town Clerk Laura Gemme, Health Administrator Larry Ramdin, Public Works Director Jeff Zager, Public Works Business Administrator Jane Kinsella, Office Manager Paula Schena and the following list of interested parties: Mary Ellen O'Neill, Gary Connor, William Childress, Head Dispatcher Vicki Avery, Police Sergeant John McKenna, Barbara Meade, David Singer, Andrew Grimes, Peter Donovan, George Danis. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert thanked the voters for re-electing him. Selectman Camille Anthony announced that there will be a public seminar on May 6, 2010 at 7:00 p.m, at the Parker Middle School on ."Staying Safe in your Backyard" presented by Dr. Thomas Mather on ticks and bite prevention. She noted that the tickets are free. Vice Chairman James Bonazoli requested that DPW clean the Mattera Cabin roof, and he would like an alternative heat source for the Cabin. He noted that bike riding is not allowed on conservation land but it can be done at the Town Forest. Selectman Stephen Goldy thanked the voters for re-electing him. He attended a Reading/North Reading Chamber of Commerce outstanding dinner, and special honors went to. five Police Officers and a dispatcher for an accident on West Street. Also recognized as Firefighter fo the year was Rob Loring, who traveled to Haiti on his own time and at his own expense to help with relief efforts. He noted that he had Office Hours this evening and residents from Whittier and Tennyson Roads were present regarding sewerage discharge from the storm. He requested that the Town Manager set up a meeting with the residents and staff and perhaps a representative from the MWRA. Chairman Ben Tafoya noted that he attended Earth Day at the RMLD. He also noted that Walkable Reading put together a podcast with the Historical Commission. Town Manager's Report The Town Manager gave the following report: ♦ Annual Town Meeting starts April 26th—The Warrant Report is on the web site. Board of Selectmen Meeting—April 13, 2010—Page 2 ♦ Customer Service Survey—87 responses in 1st Q ♦ Town Hall four day work week—Increased hours available to the public. ♦ Governor Deval Patrick has ordered that the United States and Commonwealth flags be lowered to half-staff immediately and until further notice at all State buildings in honor of former Minority Leader of the Massachusetts House of Representatives Francis W. Hatch, Jr. who died on Thursday, April 8, 2010. ♦ Election Tuesday—Congratulations to all participants. ♦ Election for Voke School ♦ Sharps Collection Community Development ♦ Encore Consignment Shop, 159 Ash Street ♦ Application for a 40B known as Splendid Splinter at 885 Main Street was received: ♦ Application for 30 Haven Street was received. ♦ Reading Fall Street Faire Open House on Thursday, April 22nd at 7:30 p.m. at the Senior Center. ♦ Non-Conforming Signs. ♦ "Our thanks to Reading for the Town's perseverance and patience in establishing its second 40R Smart Growth Overlay District. Attached is a copy of the signed 40R Letter of Approval. Hardcopies to follow Bill Reyelt *AM DHCD. " ♦ Update re: Mattera Cabin Public Works ♦ Lighting Upgrades 1-93 ♦ There will be a ground breaking ceremony for Memorial Park on April 22nd at 3:30 p.m. ♦ The Spring Guide for recreation activities in`Reading is out to all households in Reading. ♦ The Compost Center opened Friday, April 2nd. . ♦ The Household Hazardous Waste. Collection will be in Reading on May 22nd. There is also a Fall collection in Wakefield. ♦ Sump pumps ♦ Street Sweeping has started. ♦ Hydrant Flushing starts shortly. Construction Proiects in progress or to be done this year (between now and June 30,2010): ♦ Done except for loam and seed - School Street, Lincoln Street, Sandra Lane South Street—Main to Hopkins Streets, Scotland Road. ♦ Paving to occur in mid to late Spring - Bear Hill Road, North Street, Pinevale Avenue, Juniper Circle. ♦ Micro-chip seal—Mid to late Spring - Hopkins Street (Main to Wakefield Town Line), and two to three other streets. ♦ Skim coating of local streets—Lewis Street ♦ Fishing Pier—Lobs Pound Mill—Under construction ♦ Trail Construction—Bare Meadow ♦ Memorial Park ♦ Washington Park Playground ♦ Killam School Playground Board of Selectmen Meeting—April 13, 2010—Page 3 o Master Plan for Joshua Eaton Playground Proclamations/Certificates of Appreciation Proclamation - Public Safety Telecommunications Week — Head Dispatcher Vicki Avery, Fire Chief Greg Burns and Police Sergeant John McKenna were present to receive the Proclamation. A motion by Anthony seconded by Schubert to approve the Proclamation declaring the week of April 11-17, 2010 as Public Safety Telecommunications Week in Reading was approved by a vote of 5-0-0. Personnel and Appointments Ad Hoc Municipal Building Committee Selectman. Richard Schubert noted that he and Chairman Ben Tafoya interviewed Andrew Grimes for a position on the ad hoc Municipal Building Committee. He also noted that Mr. Grimes' interest is in capital planning and they recommend his appointment. Goldy moved and Anthony seconded to place the following name into nomination for one position on the ad hoc Municipal Building Committee with a term expiring December 31, 2010: Andrew Grimes. Mr. Grimes received five votes and was appointed. Discussion/Action Items Swearing in of New Selectmen— Town Clerk Laura Gemme swore in Selectmen Richard Schubert and Stephen Goldy. Highlights — Health — Health Administrator Larry Ramdin and Board of Health Members Barbara Meade and David Singer were present. Mr. Ramdin noted that new regulations go into effect on July 1, 2010 regarding the disposal of medical sharps. He is expecting the delivery of a sharps kiosk and residents can drop off their sharps to avoid disposal in the household trash. Selectman Camille Anthony asked how they will deal with housebound people, and Mr. Ramdin indicated that they are working on that with the VNA and the Senior Center. Mr. Ramdin noted that they are responsible for enforcing the new calorie posting requirement for chair! restaurants and have undergone allergen training. He also noted that the emergency response team has to be prepared to activate and operate emergency dispensing sites in emergencies, and that the Health Division is required to validate compliance with laws. Chairman Ben Tafoya suggested that the. Selectmen meet jointly with the Board of Health regarding the outdoor dining in the community. Hearing —Water, Sewer and Storm Water Rate Setting — The Secretary read the hearing notice. Public Works Director Jeff Zager and Public Works Business Administrator Jane Kinsella were present. Board of Selectmen Meeting=April 13, 2010—Page 4 The Assistant Town Manager noted that the budgets that went out use no reserves. He also noted that the Finance Committee wants reserves for water and sewer at $500,000 each and at . $100,000 for storm water, and that the need for storm water work will be high in the future. He noted that there is water conservation throughout the State and when we use less water, we pay more for debt service. Selectman Richard Schubert asked if there are any capital.expenses that would require us to keep more than $500,000 in reserves. He also asked if'we should use water reserves for the redundancy for water. Selectman Camille Anthony asked what levels are best for the consumer, and the Town Manager indicated the five year option. Selectman Stephen Goldy noted that he received an email from a resident in Precinct 2 who is annoyed with the water restrictions, and asked if they will be enforced. The Town Manager noted that the restrictions have to be enforced because Jt was part of our approval when we got into the MWRA. The consensus of the Selectmen was that the whole picture including capital items needs to be looked at before making a decision so this will be rescheduled for April 27, 2010.. Hearing,-- Package Store License — The Wine Bunker — The Secretary read the hearing notice. Town Counsel Ellen Doucette and the.applicant Peter Donovan were present. The Town Manager noted that there was a Fax from Peter Donovan and three emails in the packet from residents who are opposed to granting this license. Vice Chairman James Bonazoli noted that one email refers to the wrong site—Linens `N Things. Mr. Donovan gave a presentation to the Board. He noted that he has shipped over 100,000 cases per year in Massachusetts through the internet. He sells 99.9% wine and owns CW II Ltd, a wine wholesaler in Woburn. He also noted that the customer can order online and have the wine delivered to the store. Mr. Donovan noted that the floor area is 7,000 square feet — 9,000 square feet with the mezzanine. He will not sell wine coolers, nips, tobacco, lottery or beer. There will be no more than two stand alone coolers for champagne/wine only. There will be no walk in coolers. The hours are Monday—Saturday from 10:00 a.m. to 8:00 p.m. and they will be closed on Sunday. They will charge more than other wine stores for a single bottle of wine —but their case price is much less expensive. He noted that this is not a chain store and not a large discount store. This is different than what was offered before. He reviewed the results of a survey he did on the need for selling wine by the case. Selectman Camille Anthony asked how his business functions. Mr. Donovan noted that he will Have two to three registers, and deliveries are on Tuesday and Thursday. His business is 95% internet based and 100% retail. Selectman Anthony also asked if there will be inventory on site, Board of Selectmen Meeting=April 13, 20 L0—Page 5 and Mr. Donovan indicated that there will be and if they don't have what the customer wants, they can order it. Selectman Richard Schubert asked how many other stores Mr. Donovan had and their size. Mr. Donovan indicated that he has one other store and it is 2,500 square feet. He noted that 10% of his business is walk in business. There will be no flashing signs out front. Selectman Stephen Goldy asked Mr. Donovan about his thoughts on grocery store customers looking for beer. .Mr. Donovan indicated that his focus is on wine. He won't have walk in coolers, and he feels that beer is a waste of money from a retail viewpoint. Vice Chairman James Bonazoli asked how many employees he will have, and Mr. Donovan noted probably six but no more than 10 with maximum of four on a shift. He will not need more than 20 parking spaces at one time. Vice Chairman, James Bonazoli noted that the survey was done in Reading but some of the people who answered did not live in Reading. Mr. Donovan indicated that is because he sent the surveys to businesses. Vice Chairman Bonazoli asked if he will be selling food, and. Mr. Donovan indicated that he will not. He also indicated that at his other store, he does carry some small bottles of liquor for people at the hotels. Vice Chairman Bonazoli commented that the customer does dictate what he sells. Bill Childress of 105 Main Street inquired about the number of licenses that Mr. Donovan had, and also noted that there were a number of complaints by customers regarding his Woburn location. Mr. Donovan noted that in 2008-2009, he was shipping a lot and there were many delays because the wine cannot be shipped if the temperature is over 70 degrees or under 30 degrees. Mr. Childress indicated that he is not in favor of the Selectmen approving this license. Mary Ellen O'Neill noted that this application is different from the others regarding the hours and what is being offered. She asked if there was any way to put a condition on the license prohibiting beer, and Town Counsel indicated that it is an All Alcohol license. Ms. O'Neill noted that the survey was not well done or scientific, and she feels that there is no need for this store. George Danis, Manager of 128 Market Place, and his co-worker thanked the Board.of Selectmen for considering this application. Town Counsel asked to see the lease, and Mr. Donovan gave her a copy of the lease outline. There is no lease at this point Chairman Ben Tafoya asked about the mezzanine area, and Mr. Donovan indicated that it is 1200 square feet above the 7700 square foot first floor area. Selectman Richard Schubert noted that this business requires a customer base much bigger than Reading—it is more regional. He feels that it doesn't satisfy the public need in Reading. Board of Selectmen Meeting=April 13, 2010—Page 6 Selectman Camille Anthony asked if the public need has to be just in Reading, and Town Counsel noted that it does, but if there is nothing similar to it in this area such as internet sales,, then it may meet the public need. Town Counsel noted that the memo from Community Services Director/Town Planner Jean Delios indicates that the property owner is supposed to submit an inventory of parking spaces and building area in use by type of use. It is to be submitted the Town every year but the owner has not done that. She also noted that the trucking access from Route 128 conditions on the site plan should be on the license. The Town Manager noted that there is a limit on retail space at that site because of limited parking. Vice Chairman James Bonazoli noted that if the non-Reading residents were removed from the survey, there would be no need. Selectman Camille Anthony told Mr. Donovan that she doesn't appreciate his comments in the letter to the Board that he will take the Town to court and it will cost thousands of dollars. SelectmanRichard Schubert noted that the Selectmen have a sense of need and nobody says we need another wine store. He also noted that the Selectmen support the Reading Coalition Against Substance Abuse and it is the Board's job to understand the community. Reading was a dry town until about 30 years ago. Nobody is banging on the door asking for more liquor stores, and buying by the case doesn't make it any different. Chairman Ben Tafoya noted that Reading has four existing licenses all of who are happy to sell by the case if preferred. He hasn't heard of any great need for another package store. Selectman Camille Anthony noted that this is not a gigantic store like Wine Nation, and she is inclined to support the application. Vice Chairman James Bonazoli noted that this hearing was publicized in the paper, and the room is not filled with people against the license. Mr. Donovan offered to lower the square footage, and indicated that he was willing to do another survey if need be. A motion by Schubert seconded by Bonazoli to close the hearing for a Package Store Liquor License applied for by Peter I Donovan d/b/a the Wine Bunker at 128 Marketplace Shopping Center, One General Way,was approved by a vote of 5-0-0. With the Board finding that the applicant's proposal was not a traditional package store, and the basis for the Board's finding of public need was the unique business concept proposed by the applicant with respect to focusing on sales of cases or half cases of wine, the sale of wine comprising more than 99% of its business with little or no emphasis on the sale of beer or spirits the following motion was made. Board of Selectmen Meeting=April 13, 2010—Page 7 A motion by Anthony seconded by Bonazoli to approve the application for a Package Store Liquor License applied for by Peter J. Donovan d/b/a The. Wine Bunker at 128 Marketplace Shopping Center, One General Way, for a term expiring December 31, 2010 subject to the following conditions: a All Bylaws, Rules and Regulations of the Town of. Reading and of the Commonwealth of Massachusetts shall be followed, and, subject to a satisfactory inspection of the establishment by the Town Manager; a Retail space be limited to a total of 5,000 square feet; a No wine coolers, nips, V2 pints,tobacco or lottery; a No walk in cooler; a A maximum of 10 linear feet for wine refrigerator units; • Windows need to be installed in front to give full visibility of the retail area; a Deliveries from Route 128 will be to Walkers Brook Drive to General Way, and deliveries from Route 28 will be to Goodall Sanford Road. The motion was approved by a vote of 3-2-0,with Tafoya and Schubert opposed. Hearing—Outdoor Dining Policy—This hearing was rescheduled for May 11, 2010 at 8:30 p.m. Change of Officer— Longhorn Steals House —A motion by Bonazoli seconded by Anthony to approve the Change of Officer for RARE Hospitality International, Inc. d/b/a Longhorn Steak House located at 39 Walkers Brook Drive was approved by a vote of 5-0-0. Review Annual Town Meeting Warrant — A motion by Bonazoli seconded by Goldy to support the subject matter of Article 11 of the Annual Town Meeting Warrant failed by a vote of 1-4-0,with Tafoya,Anthony,Schubert and Goldy voting in the negative. A motion by Goldy seconded by Anthony to support the subject matter of Article 13 of the Annual Town Meeting Warrant was approved by a vote of 3-2-0, with Goldy and Bonazoli voting in the negative. Progress Report on Goals—This item was rescheduled for May 11, 2010. Review Customer Service Survey Results—This item was'rescheduled for April 27, 2010. Approval of Minutes A motion by Anthony seconded by Bonazoli to approve the Minutes of March 16, 2010 was approved by a vote of 5-0-0. A motion by Anthony seconded by Goldy to approve the Minutes of March 30, 2010 was approved by a vote of 5-0-0. A motion by Anthony seconded by Bonazoli to approve the Executive Session Minutes of March 16,2010, as written,was approved on a roll call vote with all five members voting in the affirmative. Board of Selectmen Meeting—April 13, 2010—Page 8 A motion by Anthony seconded by Bonazoli to approve the Executive Session Minutes of March 30, 2010, as written,was approved on a roll call vote with all five members votinjz in the affirmative. A motion by Goldy seconded by Anthony to adjourn the meetinLy of April 13, 2010 at 11:20 p.m.was approved by a vote of 5-0-0. Respectfully submitted, i Jam; Secretary