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HomeMy WebLinkAbout2011-05-02 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 2, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The Town Manager made changes to the Agenda as follows: The Ad Hoc Committee Report was postponed and adding under communications a proposed delay to Annual Town Meeting. Status Report from the Facilities Master Planning Committee Chairman of the Facilities Master Planning Committee Richard Nardella provided an update of building assessments, department space programs, site evaluations and alternative scenarios. The goals are the following: To move school administration and community development offices to new locations before their leases expire (2013 and 2016); Rehab and reuse existing building stock to the extent possible; Maintain level funding in the Capital Program; and Keep downtown active. A full presentation and report will be made at the Annual Town Meeting. Stevens Library Book Sale, May 13, 2011 The Library will be holding their annual Book Sale from May 14, thru May 15, 2011. Certification for Purchasing The Town Manager announced that Assistant Town Manager Ray Santilli has completed a state course for Certification in Purchasing. Proposed Delay to Annual Town Meeting Mark Rogers Chairman of the Finance Committee apologized that he did not realize that it was his responsibility to electronically publish the Warrant which includes the Finance Committee Report 21 days prior to Town Meeting. At the advice from Town Counsel the prudent course of action is to delay Town Meeting to be in compliance with the report deadline. The Finance Committee will use this additional time to refine our analyses and watch for changes to state aid and other revenue sources. Mark Rogers said to ensure that this does not happen again he will work closely with the Town Clerk's office to monitor this process and put in place deadlines. The Board discussed several dates to reschedule a date and location for the Annual Town Meeting. William Gordon made a MOTION, seconded by Tracy Watson, to reschedule the Annual Town Meeting from May 10, 2011 to June 7, 8, 2011 at the Middle School Auditorium starting at 7:00 p.m. Vote approved 5-0. CONSENT ITEMS: Request to Conduct Memorial Day Parade and Ceremony on May 30, 2011 The Patriotic Observance and Marching Committee requested an event permit to conduct the Memorial Day Parade on Monday, May 30, 2011 from 10:00 a.m. to 12:00 noon. William Gordon made a MOTION, seconded by Tracy Watson, to approve an event permit to the Patriotic Observance and Marching Committee to conduct a Memorial Day Parade on Monday, May 30, 2011 from 10:00 a.m. to 12:00 noon. Vote approved 5-0. Board of Selectmen Minutes May 2, 2011 2 PUBLIC HEARING Energy Services Contract Award to Ameresco, Inc. (continued from 5:00 p.m.) Assistant Town Manager said this hearing is a requirement of MGL Chapter 25A, Section 111, which governs how municipalities can enter into Energy Performance Contracting (EPC). Town representatives, including Town Counsel, have been meeting with Ameresco to finalize all aspects of the investment grade audits (IGA) and specifically an energy services agreement (ESA)to design and replace the HVAC system at the Stevens Memorial Library. An audit of the Library and replacement of the HVAC system has been completed at an estimated cost of$385,000 (budgeted at $460,000). The design and installation is scheduled to be completed by the end of July 2011. The Board was requested to make a formal acceptance of this energy performance contract with Ameresco. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve and authorize the Town Manager to sign the contract documents. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to move into Licensing and open the Public Hearing. Vote approved 5-0. Liquor Regulations Violation Hearing: The New Beijing Restaurant Licensing Chairman Tracy Watson read the notice of possible violations, dated April 15, 2011, sent to license holder Wen Jing Huang, Millennium Eatery, Inc. Beijing Restaurant, 1250 Osgood Street, North Andover, MA 01845. Possible violations on March 30, 2011 and March 31, 2011 as follows: 1. MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises" 2. 204 CMR 2.05 "No licensee shall permit any illegality to occur on the licensed premises. The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around on a licensed premises. Chairman recognized the first witness Officer Joseph Kamal and the Town Clerk administered the Oath. Officer Joseph Kamal gave testimony of the events on March 31, 2011 at 3:05 a.m. While patrolling route 125 Officer Kamal was forced into the soft shoulder to avoid a collision by an individual that was operating a vehicle that was swerving across the marked lanes and heading straight for the police vehicle. The officer eventually followed the vehicle and stopped it by Bertucci's Restaurant. The individual was an Asian man who did not speak or understand English and was identified as Can Q Liang husband of the owner Wen Jing Huang of the New Beijing Restaurant. He had a very strong odor of alcohol emanating from his breath and he failed both sobriety tests. Based on the officer's observations he was intoxicated under the influence of liquor and was placed under arrest. This was the individual's second offense. Attorney William Sullivan representing the Beijing Restaurant asked Officer Kamal several questions regarding the incident. Selectmen Gordon and Smedile asked the Officer questions if this individual could have been drinking after the Restaurant had closed for the evening and if this was a violation of the Alcoholic Rules and Regulations. Licensing Chairman recognized Detective Daniel Cronin and the Town Clerk administered the Oath. Detective Cronin said the next day he called the Beijing Restaurant to request a viewing of surveillance footage from 11:00 p.m.-3:00 a.m. timeframe of the video cameras. Arrangements were made for Detective Cronin and Officer Barter to view the videos. The video observes Can Q Liang staggering around the bar area around 2:00 a.m. drinking from a long neck beer bottle. Detective Cronin had a copy of the video and asked the Selectmen if they wanted to watch the video. Selectmen, the Town Manager and Attorney William Sullivan viewed the video footage. Board of Selectmen Minutes May 2, 2011 3 Licensing Chairman recognized Detective Robert Barter and the Town Clerk administered the Oath. Detective Barter gave testimony that he accompanied Detective Cronin to the restaurant and viewed the video tape of the intoxicated individual on March 31, 2011. On April 7, 2011, Detective Barter met with bartender Christina Bonefant and questioned her about the evening of March 31, 2011. He testified that the bartender said that it was not unusual for the owner's husband to help himself to alcohol behind the bar or take it from the downstairs function hall. She saw him drinking from a long neck beer bottle and he appeared to be intoxicated from his mannerisms. She observed him to be unsteady on his feet while trying to put on his jacket just before 3:00 a.m. when he was leaving the building. On previous occasions he would have his son drive him home or sleep in the building if he was too intoxicated to drive himself. Attorney Sullivan asked Detective Barter several questions regarding the bartender as to whether she served him any alcohol that evening or where the liquor was stored other than the bar. At this time Chairman Tracy Watson asked if Attorney Sullivan had any witnesses to come forward. Witness Christina Bonefant was recognized and the Town Clerk administered the Oath. Christina Bonefant testified that she has been a bartender for seven years and was on duty on March 31, 2011. She stated that she did not serve him any liquor that evening. She did see him drinking from a long neck beer bottle and considered him to be intoxicated. She had a hard time communicated with him because he did not speak much English. Mr. Can Q Liang was the owner's husband and he is also cook in the kitchen and has access to liquor elsewhere. The kitchen closes at 12:30 a.m. and he was still in the restaurant drinking until 3:00 a.m. Attorney Sullivan stated that the bartender did not serve or deliver any alcohol to the individual. Town Counsel Thomas Urbelis stated within the realm of 204 CMR 2.05 "No licensee shall permit any illegality to occur on the licensed premises."The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around the licensed premises". The Licensing Chairman Tracy Watson asked for a MOTION to close the Public Hearing. Rosemary Smedile made a MOTION, seconded by William Gordon, to close the Public Hearing. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by William Gordon, to determined that there was a license violation on March 30, 2011 and March 31, 2011 of MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises" and 204 CMR 2.05 "No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee allowed an intoxicated person to consume alcohol on the premises, Chapter 138, Section 69. A violation of Section A (12) of the Licensing Commission Regulations adopted November 19, 2007 states that the licensee shall not allow a manager or alternate manager or an employee to consume alcoholic beverages while on duty or after closing hours The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around the licensed premises". Vote approved 5-0. The Licensing Commission discussed the history of prior violations found by the Commission as well as by the ABBC and said they tried to work with the owners and management of the Beijing Restaurant for years and this is a continued history of violations Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to revoke the liquor license effective immediately. Vote approved 5-0. Board of Selectmen Minutes May 2, 2011 4 You have the right to file an appeal to the Alcoholic Beverages Control Commission within 5 days. MGL Chapter 138, Sec. 67 states in part"Pending a decision on the appeal, the action of the local licensing authorities shall have the same force and effect as if the appeal had not been taken. Rosemary Smedile made an AMENDMENT to the MOTION, seconded by Daniel Lanen, to revoke the liquor license effective tomorrow May 3, 2011. Vote approved 5-0. The License holder will be notified of the Licensing Commission's decision in writing tomorrow on May 3, 2011. Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Preparation for Annual Town Meeting The Town Manager said if Town Meeting votes in the Meals Tax, the Finance Committee voted on April 28, 2011, an alternate budget allocation contingent of revenues collected the school department to receive 71.2%, municipal department to receive 14.2% and the stabilization fund to receive 14.5%. Decisions were made based on "point of need". The Town Manager suggested the Board approve changes to the Municipal Budget based on this. Selectmen discussed why the Finance Committee changed the split of 68.75% and 31.26%. Selectmen cannot support this split and what if the meals tax does not bring in the projected revenue. What happens then? There was a lengthy discussion regarding the Meals Tax and its revenue. Constellation Energy Contract Assistant Town Manager Ray Santilli answered questions pertaining to the Constellation Energy Contract. This contract pertains to an emergency generator at the Water Treatment Plant during extreme peak energy needs. The Water Treatment Plant would go "off line" of the electrical grid and activate their emergency generator. As a result, the Water Treatment Plant would be paid a monthly stipend to be available and then extra revenue during such an event. There have only been two events in the past five years that lasted approximately three hours and four hours. If the WTP did not participate in an event for whatever reason, the WTP would not receive any additional revenue. NEW BUSINESS: Resolution in Support of Updating the Massachusetts Bottle Bill The Board was asked to support an updating of the Massachusetts Bottle Bill. A Resolution example was enclosed for the Board's review. The Board recommended forwarding this Bottle Bill Resolution to the Sustainability Committee, which Selectman Donald Stewart is, a member. TOWN MANAGER'S REPORT: The Town Manager said the next meeting would be on May 9, 2011, starting at 7:00 p.m. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 9:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board