HomeMy WebLinkAbout2010-01-26 Board of Selectmen Minutes - Executive Session Board of Selectmen Meeting
Executive Session
January 26,2010
The meeting convened at 7:00 p.m. in the Town Hall Conference Room, 16 Lowell
Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman
James Bonazoli, Secretary Camille Anthony, Selectman Richard Schubert, Town
Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob
LeLacheur and Town Counsel Gary Brackett.
Litigation
The Town Manager reviewed the status of the Package Store Liquor License for the Wine
Nation appeal, and a proposal by Wine Nation to withdraw the appeal, file a new
application with the Board of Selectmen, agree not to lobby the Board of Selectmen, and
agree not to appeal any new decision of the Board of Selectmen.
Town Counsel Gary Brackett noted that in agreeing to any such agreement, the Town is
not conceding anything with regard to the hearing before the Alcoholic Beverages
Control Commission. The benefit in the long run would be that there would be no hearing
before the ABCC. The Town Manager noted that he has heard from Dickinson
Development with regard to this matter, and also that Busa's Liquors is very interested in
whether or not there will be any rehearing on this issue.
Selectman Richard Schubert noted that at the hearing, the Board made its determination
primarily based on community need. He asked if the Board can also consider size,
location, RCASA concerns, impact on other license holders, impact on demand for police
services and other similar concerns. He also asked if the Town is allowed to bring those
issues up in discussion: Are these valid reasons?
Town Counsel noted that the ABCC will look at community need. The other issues are
important but not major. Trying to address some of these concerns would be speculative.
There would have to be documentation' as to the impact of these concerns. The purpose
of a licensed establishment is to meet the needs of Reading. The Wine Nation project
market area as proposed is well beyond the borders of Reading. There was discussion
about whether the ABCC would consider regional need.
Selectman Richard Schubert asked, with respect to the ratio of alcohol to other products,
could the Town hold them to that? Town Counsel noted that the Town would have the
right to impose certain restrictions or requirements.
Selectman Richard Schubert asked if this appeal goes to the ABCC, what actions could
the ABCC take. Town Counsel noted that it would only be to remand to the Board of
Selectmen. If the Board of Selectmen denied the application on a remand, the appeal is a
certiorari —they would have to show an error of law, and review the matter on the record
before the court.
Board of Selectmen Meeting—Executive Session—January 26,2010—Page 2
Selectman Richard Schubert asked if the first decision of the Board of Selectmen was
sound. Was there an error of law? Town Counsel noted that he felt it was a sound
decision and there were no errors of law.
Selectman Camille Anthony noted that she was willing to hear an appeal.
Vice Chairman James Bonazoli noted that he was willing to rehear this matter — extend
the courtesy to the applicant.
Selectman Richard Schubert felt that we should just go forward with the current appeal.
Chairman Ben Tafoya felt that we should just go forward with the current appeal.
Based on these discussions, the request by Wine Nation will not be considered.
Town Counsel noted that he would represent the Town at the ABCC hearing on February
24, 20,10.
Selectman Richard Schubert gave feedback to Gary Brackett with regard to the initial
hearing. He felt that the Board of Selectmen was looking for a little more firm guidance
of reasons for denial. In the future, Brackett & Lucas can produce a report showing the
criteria to approve or deny, and they can then prepare the finding after the hearing.
Selectman Camille Anthony felt that she would like that for major issues.
Town Counsel had left the meeting at this point.
Labor Negotiations
The Town .Manager reviewed the status of negotiations with the six labor unions.
Chairman Ben Tafoya asked what the value of the steps would be for the unions, and the
estimate was approximately $100,000 per year for the union employees and
approximately the same for the non-union.
The Board gave no further direction to the Town Manager on labor negotiations other
than to point out that they would not approve any labor contract that had a cost of living
increase or steps.
On motion by Bonazoli seconded by Schubert, the Board of Selectmen voted to
adiourn the Executive Session meeting of January 26,2010 at 8:05 p.m. on a roll call
vote with all four members voting in the affirmative.
Respectfully submitted,
cre ar
Se t y