HomeMy WebLinkAbout2013-05-21 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
MAY 219 2013
Bonazoli, Arena, Tafoya, Ensminzer, West LeLacheur/Hechenbleikner
3a) Move that the Board of Selectmen approve the certificate of recognition for Police
Officer Matthew Edson as a member of the Rapid Response Team who responded
to the Boston Marathon Bombing on April 15, 2013.
3a) Move that the Board of Selectmen approve the certificate of recognition for Police
Officer Michael Fitzgerald as a member of the Rapid Response Team who
responded to the Boston Marathon Bombing on April 15, 2013.
3a) Move that the Board of Selectmen approve the certificate of recognition for Police
Officer Michael Lee as a member of the Rapid Response Team who responded to
the Boston Marathon Bombing on April 15, 2013.
3b) Move that the Board of Selectmen proclaim the week of May 12 — May 18, 2013 as
National Peace Officers Memorial Week.
5a) Move that the Board of Selectmen approve the contract between the Town of
Reading and Robert LeLacheur for services as Town Manager effective June 1,
2013, and expiring June 30, 2014.
5b) Move that the Board of Selectmen close the Warrant for the State Election to take
place on June 25, 2013 from 7:00 a.m. to 8:00 p.m. at the Hawkes Field House, 62
Oakland Road.
5c) Move that the Board of Selectmen approve a proposal entitled "MORTON FIELD
STORAGE SHED PLAN PROPOSAL" undated, by the Reading Baseball Club
consisting of one page of text and 3 pages of graphics. In accordance with the
submittal, this approval shall be subject to the following conditions (shed shall refer
to the shed and the storage boxes):
1. The Reading Baseball Club shall secure a building permit at its expense, for the
proposed work;
2. For elements of the plan that do not require a permit, installation shall be
approved in advance by the DPW Parks/Forestry /Cemetery supervisor;
3. The Reading Baseball Club shall be responsible for all costs of installation,
maintenance and operation of the shed;
4. The shed shall be moved or removed upon 30 days' notice by the Town;
5. The location of the shed shall be at a site approved by the Recreation Committee;
6. The Recreation Administrator shall be provided with a key to the shed, and shall
have the right to access the shed at any time; nk
7. The shed shall be used for storage of inert materials and equipment only,
including hand tools, lime (for the field) and similar equipment and materials.
There shall be no herbicide, insecticide, fertilizer, or other similar material, and
no motorized equipment stored in the shed. There shall be no plumbing or
electric service provided to the shed;
8. The Town shall not be responsible for theft, damage, or loss of the shed or its
contents;
9.
5d) Move that the Board of Selectmen approve the issuance of a license for the use of the
public sidewalk in front of Portland Pie Company, 54 Haven Street for outdoor
dining, pursuant to Section 3.10 — Licenses for Utilizing Public Sidewalks for
Outdoor Dining of the Selectmen's policies and in accordance with the application
filed 1 -7 -13. The Board of Selectmen waives the requirement of section 3.2.2.2
(3.2.2.2 — Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal
silverware. No plastic or paper dinnerware or silverware is permitted.)
and permits service in the outdoor dining area only that would not be subject to
breakage, said dinnerware and glassware to be approved by the Town Manager
The license is valid through December 31, 2013, and is subject to the following
conditions:
1. Table, chairs and rubbish barrels will not be permitted to be located on the brick
paved areas;
2. The licensee shall provide, maintain, and empty as needed, outdoor trash
receptacles during the times that the licensed premises are open for business. All
trash receptacles shall be covered and trash removed nightly. The location of
rubbish (and recycling if appropriate) bins and an operations plan shall be
approved by the Public Health Administrator, and the locations of receptacles shall
be shown on the plan;
3. The licensee shall be responsible for keeping the portion of the sidewalk subject to
an Outdoor Dining License clean and free of dirt, dust, and other debris. If in the
opinion of the DPW Director this portion of the sidewalk needs to be power washed
from time to time, the licensee shall be responsible for doing so. In addition, the
Outdoor Dining Licensee shall be responsible for preventing and /or cleaning up
litter from the licensed establishment in areas abutting the licensed premises;
4. The Outdoor Dining area is considered as part of the restaurant and shall comply
with Board of Health Regulations. In addition to any other requirements, smoking
is prohibited in seasonal outdoor dining areas per Board of Health regulations.
5. Furniture and trash receptacles shall be supplied by the applicant and shall be
maintained in a safe and sanitary manner by the applicant.
6. All furniture and trash receptacles must be removed at the end of each season.
7. Furniture and trash receptacles shall be secured during night time hours in a
manner acceptable to the Town Manager.
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8. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter
barriers restrict pedestrian or wheelchair passage along the public sidewalk of less
than four feet in width.
9. Outdoor food preparation shall not be allowed.
10. The Outdoor Dining License shall be considered annually shall expire on December
31 of each year, subject to renewal. No facilities or furniture shall be placed on the
licensed portion of the sidewalk except for the period between April 15 and October
31 of each year.
11. Within the period from April 15 to October 31, upon notification from the
Department of Public Works or from Public Safety personnel that weather
conditions or work to be performed on the property of the Town requires removal
of the outdoor dining furniture, the applicant shall immediately remove all of its
property associated with the Outdoor Dining License from the public property.
12. The owner and operator of the restaurant shall sign a License Agreement and shall
provide a required Certificate of Insurance before issuance of the License and
before commencement of any activities under the License.
13. The Licensee shall provide evidence of insurance as required by the Town Manager
and by State Statute. Such insurance shall cover the use of all equipment related to
the premises related to the Outdoor Dining License. The Comprehensive General
Liability Policy shall insure against all claims and demands for bodily injury and
property damage with respect to the sidewalk dining facilities and services, and the
Town shall be named as an "additional insured" in all policies of such insurance. A
liquor liability insurance policy shall also be required. The Licensee (and their heirs,
successors and assigns in interest) shall hold harmless, defend and indemnify the
Town of Reading and its employees and agents from any responsibility, liability and
claims arising out of or related to the operations under the Outdoor Dining License.
14. The Licensee shall comply with all applicable laws (including the sign portions of
the Zoning by- laws), rules, regulations, and conditions of other licenses and permits.
5e) Move that the Board of Selectmen, acting pursuant to the vote under Article 13 of
the April 22, 2013 Annual Town Meeting, approve the Settlement Agreement and
Mutual Release and authorize the Chairman to sign said Settlement Agreement on
behalf of the Town of Reading; and further, that the sum of $72,000 is authorized to
be paid to TLT Construction Corporation in full and final settlement of the pending
litigation.
5f) Move that the Board of Selectmen approve the "Confirmatory Order of Taking, Lot
A and Lot B portions of Old Pearl Street" to correct a scrivener's error on the
initial order of taking.
5g Move that the Board of Selectmen approve the signing of the quit claim deed for the
sale of a 3700 square feet of Town owned property to Peter A. Genovese and
Patricia A. Genovese; and that the Board of Selectmen approve the signing of the
quit claim deed for the sale of a 3700 square feet of Town owned property to
a,
Patricia Crowley. Both deeds correct deeds previously signed by the Board of
Selectmen for these two properties, which deeds had to be corrected because of the
scrivener's error on the taking of Old Pearl Street.
6a) Move that the Board of Selectmen approve the minutes of April 23, 2013 as
amended.
Move that the Board of Selectmen adjourn the meeting at p.m.
re
TOWN MANAGER'S REPORT
Tuesday, May 21, 2013
Administrative matters
♦ Sale of Real Estate - proceeds go into Sale of Real Estate fund for use for debt service,
capital improvements, or funding unfunded pension liability.
• The closing on the sale of the Town owned parcel of land at 50 Lothrop Road
took place last week - $305,000.
• Closings on 2 small parcels at Pearl and Audubon are scheduled for 5 -31 -13 -
$14,800
• House lot on Pearl /Audubon is out for bid — minimum bid price is $200,000. For
details and bid packet contact the Town Manager's office.
♦ The last day to register to vote for the June 25 election is June 5th at Town Hall — the
Clerk's office with be open until 8:00 PM on June 5.
♦ Memorial Day — May 27 — parade starts at 9 am. Details are on the web site.
♦ The zoning amendments approved at the Special Town Meeting in April have been
approved by the Attorney General.
♦ The Town is now taking applications for appointment to the Town's Boards, Committees,
and Commissions. The web site has all of the information on opportunities — see the lower
right hand of the front page.
Community Services
♦ The US Postal Service has d3etermined that they will move forward with the relocation of the
retail post office operations for Reading.
Library
Public Safety
♦ We are experiencing significant am and PM back -ups in the square along Salem and
Lowell Streets. Our consultant is doing counts on Main and Salem, Woburn, Pleasant,
and Haven to see if we can adjust signal timing to move traffic through better.
♦ Tomorrow night, May 22, is sponsoring a program on Teen Dating Violence at 7 PM at the
RMHS Performing Arts Center.
Public Works
• Street line painting - still have 3 to 4 more days to complete all traffic markings. All should
be completed within the next week or two.
• West Street: 100% design plans are complete, have been submitted to MassDOT, and
this project is recommended by MPO staff to be funded in FFY 2014 — which begins
October 1, 2013 (see attached portions of the draft TIP)
• Roadway paving - Contractor started on Haverhill Street and should start paving this
week.
• Batchelder Road, Boswell Road, Irving Street reconstruction is well underway.
5/21/2013 1 (P
TOWN MANAGER'S REPORT
Tuesday, May 21, 2013
• Poets corner sewer and drainage work has been completed. Reconstruction of the roads
has begun.
• Drainage /sidewalk construction at Town Hall is underway.
• The recycling and Household Hazardous Waste collections over the past couple of
weekends have been a success — approximately 500 cars each weekend.
• The Bancroft Avenue tennis court monitoring program is now in effect M -F, 5 PM to 8 PM.
Upcoming events:
May 27 — Memorial Day
June 15 — Friends and Family Day
June 25 — Special Election — US Senate seat
September 8 - Reading Fall Street Faire
5/21/2013 2
J
H �U\ C.
echenbleikner, Peter
From: Christine Hansen <hansc643 @yahoo.com>
Sent: Tuesday, May 21, 2013 8:24 AM
To: Hechenbleikner, Peter
Subject: Board of Selectman: Human Trafficking
Pete,
I noted the recent arrests and item on The Board of Selectman's Agenda relative to human trafficking.
I plan on attending the meeting this evening. I may provide additional insight into human trafficking
having conducted research, victim advocacy, published on the topic (Violence Against Women, Sage
Publications), drafted and advocated for legislation with local (New Haven, CT), state (CT & MA),
Federal (US) and international (UNICEF, ICC, et al) governments.
indicated during the interview for service on the Council on Aging that I may serve as a resource for
the town and community on other issues.
Cordially,
Christine Hansen
30 Haven, Reading
781 - 944 -7087
617- 803 -4323 (cell)
0
NIARMA COAKLEY
NTroRNEY GENERAL
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
May 16, 2013
Ms. Laura A. Gemme, Town Clerk
Town of Reading
16 Lowell Street
Reading, MA 01867
(508) 792 -7600
(508) 795 -1991 fax
www.mass.ZooviaMa
RE: Reading Special Town Meeting of April 25, 2013 - - - -- Case # 6688
Warrant Article 4 (Zoning)
Dear Ms. Gemme:
Article 4 - We approve the amendments to the Town by -laws adopted under this Article
on the warrant for the Reading Special Town Meeting that convened on April 25, 2013.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by -laws take effect unless the town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by -laws and amendments take effect on the date that these
posting and publishing requirements are satisfied unless a later effective date is prescribed
in the by -law, and (2) zoning by -laws and amendments are deemed to have taken effect
from the date they were voted by Town Meeting, unless a later effective date is prescribed
in the by -law.
Very truly yours,
Assistant Attorney General
By -law Coordinator, Municipal Law Unit
Office of the Attorney General Martha Coakley
Ten Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792 -7600
kelli.�una�4an�i- state.ma. Lis
cc: Town Counsel Gary Brackett (via electronic email)
G
Teen Dating Violence
Free Presentation of Moonshadow Productions'
Award Winning Short Film
"Love You To Death"
About teen dating violence, relationship abuse, warning
signs, and help
Following the movie, professional panel. of speakers and
Malcolm Astley, father of murdered Wayland teen
Lauren Dunne Astley
Reading Memorial High School
William Endslow Performing Arts Center
62 Oakland Road, Reading
May 22nd at 7PM
Appropriate for grades 8 and up
Adults are encouraged to attend
Hosted by Girl Scout Troop #73734
Facilities Implementation
UNI TED STLITES
A POSTAL SERVICE
May 17, 2013
The Honorable Peter I. Hechenbleikner
Town Manager, Town of Reading
Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleikner:
I
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CERTIFIED MAIL RETURN RECEIPT REQUESTED
A public meeting was held on April 9, 2013 regarding the United States Postal Service's ( "Postal
Service ") plans to relocate the retail services located at 136 Haven Street in Reading, Massachusetts.
In accordance with the procedures set forth at 39 C.F.R. 241.4, upon further assessment and review,
the Postal Service has made a determination to proceed with the relocation of retail services. This
determination is not final and is subject to review by the Vice President of Facilities.
Your office and any member of the community may appeal this decision within thirty days of the date
of this letter. Such requests for appeal must be in writing, identify the post office by name or location,
identify the decision objected to, and state the reason for the objection. The request should be
directed to Vice President, Facilities, and addressed as follows:
Vice President, Facilities
c/o Facilities Implementation
2 Congress Street, Room 8
Milford, WA 01757
Sinc y,
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Real to Speci
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2 Congress Street, Room 8
Milford, MA 01757 100
NNW
MrA
Project Description
Do, Section 1A ! Federal Aid Target Projects
lo- STP -Surface Transportation Program
MassDOT Funding
District ♦ Source
Total Federal Non - Federal lAdditional
Programmed Funds ♦ Funds ♦ Information
Funds
600220
BEVERLY- RECONSTRUCTION & SIGNAL
4
STP
$ 3,748,818
$ 2,999,054
$ 749,764
STP +CMAQ Total Cost = $15,748,818
IMPROVEMENTS ON RANTOUL STREET (ROUTE
Total Cost = $151,333,710 ($121,166,652
1A) FROM CABOT STREET (SOUTH) TO CABOT
programmed within FFYs 2014 -17 TIP)
602984
STREET (NORTH)
4
HSIP
$ 5,399,747
$ 4,859,772
$ 539,975
AC Yr 4 of 4; STP +HSIP +CMAQ Total Cost=
602602
HANOVER- RECONSTRUCTION OF WASHINGTON
4
STP
$ 1,170,881
$ 936,705
$ 234,176
$61,723,980 ($5,399,747 programmed within
STREET (ROUTE 53) AND RELATED WORK FROM
FFYs 2014 -17 TIP
THE ROUTE 3 NORTHBOUND RAMP TO WEBSTER
HSIP Subtotal ►
STREET (ROUTE 123)
$ 6,659,772
$ 739,975
t Funding Split Varies by Project Specifications
605146
SALEM- RECONSTRUCTION ON CANAL STREET,
4
STP
$ 2,574,201
$ 2,059,361
$ 514,840
STP +HSIP +CMAQ Total Cost = $6,574,201
FROM WASHINGTON STREET & MILL STREET TO
LORING AVENUE & JEFFERSON AVENUE
601705
RECONSTRUCTION OF WEST STREET, FROM
4
STP
$ 8,090,698
$ 6,472,558
$ 1,618,140
WOBURN CITY LINE TO SUMMER AVE/WILLOW
STREET
STP Subtotal ►
$ 15,584,598
$ 12,467,678
$ 3,116,920
t 80% Federal + 20% Non - Federal
Do- NHS - National Highway System
603711
NEEDHAM- WELLESLEY- REHAB /REPLACEMENT
6
NHS
$ 27,830,281
22,264,225
5,566,056
AC Yr 2 of 5; NHS +BR +Statewide Infrastructure
OF 6 BRIDGES ON 1 -95 /ROUTE 128: N -04 -020, N -04-
Total Cost = $151,333,710 ($121,166,652
021, N -04 -022, N -04 -026, N -04 -027 & W -13 -023 (ADD-
programmed within FFYs 2014 -17 TIP)
602984
A -LANE - CONTRACT V)
4
HSIP
$ 5,399,747
$ 4,859,772
$ 539,975
AC Yr 4 of 4; STP +HSIP +CMAQ Total Cost=
NHS Subtotal ►
$ 27,830,281
$ 22,264,225
$ 5,566,056
t 80% Federal + 20% Non - Federal
Do- HSIP - Highway Safetv Imurovement Program
605146
SALEM- RECONSTRUCTION ON CANAL STREET,
4
HSIP
$ 2,000,000
$ 1,800,000
$ 200,000
STP +HSIP +CMAQ Total Cost= $6,574,201;
FROM WASHINGTON STREET & MILL STREET TO
HSIP pending Road Safety Audit
LORING AVENUE & JEFFERSON AVENUE
602984
CONCORD- LINCOLN- LIMITED ACCESS HIGHWAY
4
HSIP
$ 5,399,747
$ 4,859,772
$ 539,975
AC Yr 4 of 4; STP +HSIP +CMAQ Total Cost=
IMPROVEMENTS AT ROUTE 2 & 2A, BETWEEN
$61,723,980 ($5,399,747 programmed within
CROSBY'S CORNER & BEDFORD ROAD, INCLUDES
FFYs 2014 -17 TIP
C -19 -024
HSIP Subtotal ►
$ 7,399,747
$ 6,659,772
$ 739,975
t Funding Split Varies by Project Specifications
Draft FFYs 2014 -17 TIP
Page 1 of 30
Boston Region MPO Staff - 5/2012013
Schena, Paula
From:
Hechenbleikner, Peter
Sent:
Tuesday, May 21, 2013 4:42 PM
To:
Reading - Selectmen
Cc:
Schena, Paula; LeLacheur, Bob
Subject:
FW: Boston callout
FYI. Paula will copy and include in your material for tonight.
Peter I. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
Please note new Town Hall Hours effective June 7, 2010:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
phone: 781 - 942 -9043
fax 781 - 942 -9071
web www.readingma.gov
email town manager(a-ci.readinc ma. us
Please let us know how we are doing - fill out our brief customer service survey at http: / /readingma-
survey. virtualtownhall. net /survey /sid /l 9ab55aed08fbc96/
From: Cormier, Jim
Sent: Tuesday, May 21, 2013 4:12 PM
To: Hechenbleikner, Peter
Subject: FW: boston callout
Pete, if you want to forward this to the BOS they might get a chance to review it before the meeting. Sorry
about the delay, I thought I had forwarded it to you.
05 -09 -13
Chief,
In the aftermath of the Boston Marathon Bombings, Officers Edson, Lee, and Fitzgerald as part of the NEMLEC
RRT responded to Boston to assist the Boston Police Department in any capacity.
On Tuesday through Thursday Officers Edson and Lee responded daily to the NEMLEC command post on
Tremont street in Boston at 0600 hours. They worked 12 hour shifts and were assigned and deployed to the
Financial District in Boston. They worked in 4 man teams. Their mission was to be involved in a "Police
Presence" to assure the public that it was safe to be out and put them at ease. They were also tasked with
keeping vigilant, being on the look out for suspicious packages, conduct F1O's of people at the request of
Boston Police and respond to assist to the public as needed.
0
Officer Fitzgerald also responded during the Tuesday through Thursday time period as well. He responded
daily to the NEMLEC command post on Tremont street in Boston. His hours of operation were also 12 hour
shifts working from 1800 hours to 0600 hours. On Tuesday he was assigned with a platoon of officers to
Fanueil Hall to be a "Police Presence" to assure the public it was safe to be out and make them feel
comfortable. On Wednesday He was tasked with assisting the Boston Police providing over watch security in
and around the TD Bank Garden for the Bruins game. On Thursday He was tasked with assisting BPD providing
the same duties at the TD Bank Garden for the Fleetwood Mac concert. During this mission, information was
broadcast via radio of the murder of Off. Collier of the MIT Police Department. After the concert let go and
crowds dispersed his platoon returned to the NEMLEC command post to await further orders. At this time the
call for the carjacking went out. As the information of the officer involved shooting came in from Watertown
with an Officer down and the incident escalating, his platoon was dispatched to Watertown to assist in the
search for the two terrorists. When he arrived in. Watertown his squad was then dispatched back to Boston to
the Beth Israel Hospital to provide perimeter security outside the hospital as terrorist number one was taken
there and pronounced dead. During this time period He responded with approximately 15 officers (BPD, MSP
and NEMLEC) to the Children's Hospital for a report of shots fired from the inside of the emergency room. The
report came in as an active shooter. After responding to the hospital and getting intelligence it was learned
that two hoax calls had been placed to BPD. Once Beth Israel concluded a press conference on terrorist
number 1's death, Officer Fitzgerald was then dispatched with his squad back to Watertown to assist with the
ongoing search for the remaining terrorist.
At this time Officer Fitzgerald joined Officer Edson who had arrived on scene in Watertown around 0100 hours
on Friday morning. During this time period time both officers were tasked with manning an inner perimeter in
the neighborhood where the terrorist had fled. They manned this perimeter with officers from NEMLEC, MSP,
Federal Agents from the DEA, Department of Homeland security and Military Police. On this day they were
tasked with long shifts as well. After terrorist #2 was located it was learned that the perimeter location that
they were manning was just a few hundred yards from where terrorist #2 was hiding in the boat.
On Saturday Officer Edson responded to Boston to assist BPD providing security outside the TD Bank Garden
for the Bruins game and was able to attended the candle light vigil in Wilmington for Officer Collier that night.
On Wednesday Officers Edson, Lee and Fitzgerald responded to MIT in Cambridge for MIT Officer Colliers
memorial. Their duties this day included providing perimeter security for the event that included thousands of
police officers from all around the country and Canada. They were also working in conjunction with the U.S
Secret Service providing perimeter security for dignitaries and Vice President of the United States Joe Biden as
he attended the event.
Respectfully Submitted,
Off. Matt Edson #48
Off. Mike Lee #58
Off. Mike Fitzgerald #63
0
Chief James W. Cormier
Chief of Police
Town of Reading
15 Union St.
Reading, MA 01867
JCormier @ci.readinQ.ma.us
781 -944 -1212
FBINAA 233
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(3
Wp
Certificate of Recognition
This Certificate is hereby awarded. to
Pofice Officer Matthew'
For outstanding service to the Town of Reading, the City of Boston, and surrounding
communities for his response to the Boston Marathon Bombing on April 15, 2013 and
related events over the following several days, resulting in the apprehension of suspects
in the case.
JOB WELL-DONE!
Given this 21st day of May, 2013 by the Reading Board of Selectmen
W
P�
Certificate of Recognition
This Certificate is hereby awarded to
Police Officer Wichaef Titzgerafif
For outstanding service to the Town of Reading, the City of Boston, and .surrounding
communities for his response to the Boston Marathon Bombing on April 15, 2013 and
related events over the following several days, resulting in the apprehension of suspects
in the case.
JOB WELL DONE!
Given this 21st day of May, 2013 by the Reading Board of Selectmen
�J
L
Certificate of Recognition
This Certificate is hereby awarded to
PoCice O?ffiece
For outstanding service to the Town of Reading, the City of Boston, and surrounding
communities for his response to the Boston Marathon Bombing on April 15, 2013 and
related events over the following several days, resulting iri the apprehension of suspects
in the case.
JOB WELL DONE!
Given this 21st day of May, 2013 by the Reading Board of Selectmen
L r-a-
%i
PROCLAMATION
NATIONAL PEACE OFFICERS MEMORIAL WEEK.
Whereas:
Emergencies can occur at any time that require the police; and
Whereas:
When an emergency occurs, the prompt response of Police Officers is critical to the protection of life and
preservation of property; and
Whereas:
The safety of our Police Officers is dependent upon the quality and accuracy of information obtained from
citizens who telephone the Reading Public Safety Communications Center; and
Whereas:
Reading Police Officers are a crucial contact point between our citizens and emergency services; and
Whereas:
May 15th is National Peace Officers Memorial Day honoring those men and women-who gave the 'ultimate
sacrifice; and
Whereas:
Police Officers of the Reading Police Department have contributed substantially to the prevention of crime and
the apprehension of criminals, and play an essential role in safeguarding the rights and freedoms of Reading
citizens; and
Whereas:
Members of the Reading Police department exhibit compassion, understanding and the highest standards of
professionalism in the performance of their jobs; and
Now, therefore, we,
the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of May 12 — May
18, 2013 as National Peace Officers Memorial Week in the Town of Reading in honor of the men and women
whose dedication and professionalism keep our Town and citizens safe.
THE BOARD OF SELECTMEN
James E. Bonazoli, Chairman John Arena, Vice Chairman
Ben Tafoya, Secretary
Marsie K. West
Daniel Ensminaer
EMPLOYMENT AGREEMENT
BETWEEN
TOWN OF READING
AND
ROBERT LELACHEUR
FOR SERVICES AS
TOWN MANAGER
THIS AGREEMENT, pursuant to Chapter 41, Section 108N of the Massachusetts
General Laws, made and entered into this _ day of May 2013, by and between the Town of
Reading, a municipal corporation having a principal place of business at Town Hall, 16 Lowell
Street, Reading, Massachusetts, 01867, hereinafter called the "Town," acting by and through its
Board of Selectmen, hereinafter called `Board" and Robert LeLacheur of 47 County Road,
Reading, Massachusetts, 01867, hereinafter called "LeLacheur ", as follows:
WITNESSETH:
WHEREAS, the Town desires to employ the services of said Robert LeLacheur as Town
Manager of the Town of Reading.
WHEREAS, the Board, under Chapter 41, Section 108N of the General Laws, may
contract with LeLacheur for such services;
WHEREAS, it is the desire of the Board to contract for the salary and benefits of said
LeLacheur as Town Manager;
WHEREAS, it is the desire of the Board to retain the services of LeLacheur as the Town
Manager, and to provide inducement for him to remain in such employment; and
WHEREAS, Robert LeLacheur, agrees to accept employment as Town Manager of said
Town.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
Section I, Functions and Duties of the Town Manager.
The Town hereby offers to employ said Robert LeLacheur as Town Manager of said
Town, and LeLacheur accepts said offer. LeLacheur shall perform the duties as defined
in Town of Reading Home Rule Charter.
Vq say
Section II, Term.
This Agreement shall become effective June 1, 2013, and shall be in full force and effect
until June 30, 2014. The Agreement shall be for a term of thirteen (13) months and shall
be binding on the Town and LeLacheur in each year of its duration.
Section III, Termination and Severance Pay.
A. If the Board of Selectmen wishes to terminate the services of LeLacheur prior to the
expiration of this agreement, the provisions of the Town of Reading Home Rule Charter,
Section 5 -5, shall be used.
B. In the event LeLacheur is terminated by the Town prior to the expiration of the term of
this Agreement, the Town agrees that it shall pay to LeLacheur a lump sum cash payment
equal to three (3)months aggregate salary, which amount shall be paid to LeLacheur on
or before the effective date of termination of his employment; provided, however, that in
the event LeLacheur is terminated for negligence, malfeasance, gross misconduct in
office or just cause, the Town shall have no obligation to pay the aggregate severance
sum provided for in this paragraph.
C. In the event LeLacheur voluntarily terminates his position with the Town before the
expiration of the term of this Agreement, LeLacheur shall give the Town two (2) months'
written notice in advance, unless the parties agree otherwise. A copy of the resignation
shall be filed with the Town Clerk.
Section IV, Salary.
A. The Town agrees to pay LeLacheur for services rendered under this Agreement effective
June 1, 2013, and continuing through June 30, 2014, a salary based upon an annual base
salary of $140,000, subject to applicable withholdings and deductions, payable in
installments at the same time as other employees of the Town are paid.
B. If this Agreement is extended under Section XII, the Town agrees to pay LeLacheur for
services rendered under this Agreement to be effective July 1, 2014, and continuing
through June 30, 2016, an annual base salary of $140,000, plus an annual cost of living
percentage increase equal to that given to non -union department supervisors plus an
additional annual equivalent increase for a step increase (2 %) in pay, payable in
installments at the same time as other employees of the Town are paid.
Section V, Town Manager Evaluation.
A. The Board shall review and evaluate LeLacheur no later than December of each year,
with the first evaluation taking place in December 2013. Said review and evaluation
shall be based on the goals and objectives developed jointly by the Board and LeLacheur.
Page 2 of 7
SOL,
Further, the Chairman of the Board shall provide LeLacheur with a summary written
statement of the evaluation findings of the Board and shall provide an adequate
opportunity for LeLacheur to discuss his evaluation with the Board.
B. Annually the Board and LeLacheur shall define the goals and objectives which they
determine necessary for the proper operation of the Town and the attainment of the
Board's policy objectives, and shall further establish a general priority among those
various goals and objectives, said goals and objectives to be reduced to writing. They
shall generally be attainable within the time limits specified and within the annual
operating and capital budgets and appropriations provided by the Town and the events
that have occurred during the year.
Section VI, Hours of Work.
LeLacheur will devote full time and attention to the business of the Town and will not
engage in any other business during office hours, except with the written approval of the
Board.
It is recognized that LeLacheur must devote a great deal of time outside of normal office
hours to the business of the Town, and that, as a result, LeLacheur will have the ability to
adjust his normal office hours accordingly as he deems appropriate.
Section VII, Health Insurance, Vacation, Holidays, Sick Leave, Funeral Leave,
Jury Duty and Disability Insurance.
A. The Town shall provide LeLacheur a health insurance policy identical to other Town
employees. The Town's contribution toward such health insurance policy shall be the
same as that made to other non -union Town employees in a similar plan.
B. The Town will provide to LeLacheur the same disability and life insurance policies as it
does to other non -union Town employees.
C. The Town shall provide LeLacheur with the vacation, sick leave, holiday leave, personal
leave, bereavement leave and jury duty in accordance with the Town's personnel policies
and procedures which apply to other non -union employees.
D. Should LeLacheur attend the International City Management Association's (I.C.M.A.)
Annual Conference or other professional conferences, time spent at such conferences
shall not be deducted from his vacation leave and shall be considered as professional
development leave.
Page 3 of 7 6,aV�
Section VIII, Professional Development.
A. The Town agrees to pay for the registration, travel and subsistence expenses of
LeLacheur for short courses, institutes and seminars that are necessary for his
professional development and jointly agreed to by the Board and LeLacheur.
B. The Town shall pay LeLacheur' s registration fees(s), travel and subsistence expenses to
and from the I.C.M.A. Annual Conference, Massachusetts Municipal Association Annual
Conference, and the Massachusetts Municipal Managers' Association Annual Spring
Conference.
Section IX, Dues and Subscriptions.
The Town agrees to pay for the professional dues and subscriptions of LeLacheur
necessary for his membership in the International City/ County Management Association
(I.C.M.A.) and the Massachusetts Municipal Management Association. The Town will
also pay for the professional dues and subscriptions of LeLacheur for any other
professional organizations both deemed necessary and desirable for LeLacheur' s
continued professional participation, growth and advancement and for the good of the
Town and jointly agreed to by the Board and LeLacheur.
Section X, Expenses.
A. LeLacheur shall be reimbursed on a quarterly basis for any expenses incurred in the
performance of his duties, or as an official representative of the Town, including
attendance by him at civic or social events, including mileage, in accordance with the
Town's policies and procedures which apply to other non -union employees. Requests for
reimbursement shall be submitted within one (1) week of the end of each quarterly
period.
Page 4 of 7
g ,7
Section XI, Indemnification.
Subject to the terms and provisions of M.G.L. c. 258, § 13 and all other applicable law,
the Town shall defend, save harmless and indemnify LeLacheur against any tort,
professional liability, claim or demand, or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of his
duties as Town Manager, even if said claim has been made following his termination
from employment, provided that LeLacheur acted within the scope of his duties. Subject
to the provisions of c. 258, § 13, the Town shall pay the amount of any settlement or
judgment rendered thereon. The Town may compromise and settle any such claim or suit
and will pay the amount of any settlement or judgment rendered thereon without recourse
to LeLacheur.
The Town shall reimburse LeLacheur for any reasonable attorneys' fees and costs
incurred by LeLacheur in connection with such claims or suits involving LeLacheur in
his professional capacity as Town Manager.
This indemnification shall also apply to LeLacheur after he leaves the employment of the
Town.
This section shall survive the termination of this Agreement.
Section XII, Non - Renewal of Agreement.
If the Board decides not to renew this Agreement at its termination, the Board. shall give
LeLacheur written notice at least six (6) months in advance of its intent not to renew this
Agreement. If the Board fails to give such written notice, this Agreement shall be
extended for an additional two year period.
Section XIII, Other Terms and Conditions of Employment.
A. All provisions of law of the Commonwealth of Massachusetts relating to retirement,
health insurance and other fringe benefits shall apply to LeLacheur as they generally
apply to other employees of the Town, in addition to said benefits enumerated herein
specifically for the benefit of LeLacheur, except as otherwise provided in this Agreement.
B. All other general provisions of the Town's Bylaws or Personnel Rules and Regulations
relating to fringe benefits shall also apply to LeLacheur as they apply to other employees
of the Town, in addition to the benefits enumerated specifically for the benefit of
LeLacheur, except as otherwise provided in this Agreement.
C. This Agreement shall prevail over any conflicting personnel provisions of the Town
Bylaws or Rules and Regulations.
Page 5 of 7 0
Ot/
Section XIV, No Reduction in Benefits.
The Town shall not at any time during the term of the Agreement reduce the salary,
compensation or other benefits of LeLacheur, except to the degree such a reduction is
across the board for all other non -union employees of the Town.
Section XV, Notices.
Notices pursuant to this Agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
1. TOWN: Chairman of Board of Selectmen
16 Lowell Street
Reading, MA 01867
2. TOWN MANAGER: Robert LeLacheur
47 County Road
Reading, MA 01867
Alternatively, notices required pursuant to this Agreement may be personally served.
Notice shall be deemed as given as of the date of personal service or as of the date of
deposit of such written notice in the course of transmission in the United States Postal
Service.
General Provisions.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of LeLacheur.
C. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected, and shall remain in full force
and effect.
D. For the purposes of the Fair Labor Standards Act, LeLacheur shall be an "exempt
employee."
E. This Agreement may be amended at any time by written amendment executed by both
parties. ' l
Page 6 of 7
��
IN WITNESS WHEREOF, the Town of Reading, Massachusetts, has caused this
Agreement to be signed and executed in its behalf by its Board of Selectmen and duly attested by
its Town Clerk, and LeLacheur has signed and executed this Agreement, both in duplicate.
TOWN OF READING
Acting by and through
Its Board of Selectmen
Chairman, Board of Selectmen
Duly authorized
DATE:
Attest to Signature:
Town Clerk
Io7:MMN
Approved as to legal form
Gary S. Brackett, Town Counsel
DATE:
TOWN MANAGER
ROBERT LELACHEUR
Robert LeLacheur
M�1is
I certify there is an appropriation in an amount sufficient to fund this contract.
Town Accountant
DATE:.
Page 7 of 7
D
Town of Reading
APPLICATION FOR OUTDOOR
DINING ON PUBLIC SIDEWALKS
Applications need to be submitted at least 30 days prior to
the commencement of outdoor seating
Outdoor sidewalk seating permitted April 15 — October 31
Licenses must be renewed yearly
1. Business Applicant
Business Name & Address j i ()q_'? i e. L -
Business Owner lR e ctj k'
Business Manager
0'N
eA
Contact information (mailing ailing address, phone number, email address)
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2. Building Owner
Contact information (name, mailing address, phone number, email address)
,o rv�
3. Do you possess a current Town of Reading Common Victualers license? YES NO A
4. Do you possess a current License for Sale of Alcoholic Beverages? YES NO X
If yes, alcohol may be served at the outdoor sidewalk seating. Z wi I need to submit a
�plan /strategy for serving alcohol at sidewalk seating. A
(turn over to continue application) f��p
5. Have you had a license revoked, suspended or been fined by the Town of Reading or the
Commonwealth of Massachusetts within the past 12 months? YES NO
If yes, please explain:
6. (a) Current indoor seating capacity I b 2
(b) Proposed seating capacity for sidewalk seating: a Q n l y rnit on .+ r�
I (a - I o "�
7. Days and Hours of operation. �� ,nAq - �. 6
I G - 1 ei
-Fvr A,/ 4 . � 11 a rv` - 1 a-a'A.
I attest that I have read and understand the Town of Reading Regula ions for Outdoor Dining
Licenses utilizing Public Sidewalks and agree to uphold these regulations.
ffa n t I Date
CHECKLIST FOR APPLICATION
Signed application form
Proof of Business Ownership
Copy of Town of Reading issued Common Victualers license
If premises are leased, copy of lease or written permission by building owner
Permit to Operate a Food Service Establishment issued by the Reading Board of Health
3 Professionally drawn plan and all supporting documents containing the information required in
order to make a decision as to the license and shall also include a plan for outdoor lighting if
any is proposed
If applicant business possesses an Alcohol License
- Alcohol control plan including Managers plan regarding service of alcohol on the
licensed premises and the sidewalk area
Two photos of location where sidewalk seating will be placed in relation to establishment
Non - refundable yearly application fee of $100 payable to Town of Reading
CHECKLIST AFTER APPROVAL OF APPLICATION
f Certificate of Insurance naming Town of Reading as additional insured
Final Photograph of approved sidewalk seating
Submit applications to:
Office of the Town Manager
16 Lowell Street
Reading MA 01867
2�
Whether it's Dine In, Delivery or Take Out...
Portland Pie Worksl
Alcohol Control Plan for Portland Pie Company 54 Haven Street
Portland Pie Company is a full service pizza restaurant that offers customers a full
complement of pizzas, sandwiches, pastas, salads, appetizers, and desserts along with a full
selection of beer, wine, and liquor. Portland Pie Company intends to offer all food and alcoholic
beverage options to its customers who opt to dine outside. Portland Pie Company has always
approached the service of alcohol at its establishment with a deep sense of responsibility and
accountability, and the service of alcohol that will accompany the outdoor seating experience at S4
Haven Street will be approached in the same manner.
There are three primary considerations regarding the service of alcohol in our outdoor
seating area: Compliance, Safety, and Security. In regards to compliance considerations, Portland
Pie Company will follow all local and state laws as they relate to the service of alcohol. Portland Pie
Company's staff will ensure that any and all alcoholic beverages are served legally to unimpaired
individuals of legal drinking age. Portland.Pie Company will ensure that all beverages are served in
a safe manner. To this end Portland Pie Company will not serve alcohol beverages in glassware in
the outdoor seating area, and all service staff will take special care to ensure that all product is
brought to and cleared from the outdoor seating area with full awareness of the sidewalk's right of
way traffic. Portland Pie Company also understands the importance of security as it pertains to the
service of alcoholic drinks in the outdoor seating area and will take all necessary measures to
ensure that matters of security are addressed. To this end, Portland Pie Company will create
separation between the public right -of -ways / spaces and the outdoor seating area. The separation
will be partially defined by the large, concrete planters and completely accommodated by a chain or
rope line that will encompass the entire service area. In addition, Portland Pie will devote vigilant
monitoring of this service area via the attentiveness of the service and management staff along with
the installation of a security camera on the exterior of the building.
5 Lincoln Avenue Scarborough, ME 04074 (T) 207.510.1565 (F) 207.750.7504 www.portlandpie.com
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Open Meeting Law (OML) Summary
OML Law: Remote Participation
Section 20. Meetings of a Public Body to be Open to the Public; Notice of Meeting; Remote
Participation; Recording and Transmission of Meeting; Removal of Persons for Disruption
of Proceedings
(a) Except as provided in section 21, all meetings of a public body shall be open to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body
shall post notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays,
Sundays and legal holidays. In an emergency, a public body shall post notice as soon as
reasonably possible prior to such meeting. Notice shall be printed in a legible, easily
understandable format and shall contain the date, time and place of such meeting and a listing of
topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in
a manner conspicuously visible to the public at all hours in or on the municipal building in which
the clerk's office is located.
For meetings of a regional or district public body, notice shall be filed and posted in each city or
town within the region or district in the manner prescribed for local public bodies. For meetings of
a regional school district, the secretary of the regional school district committee shall be
considered to be its clerk and shall file notice with the clerk of each city or town within such district
and shall post the notice in the manner prescribed for local public bodies. For meetings of a
county public body, notice shall be filed in the office of the county commissioners and a copy of
the notice shall be publicly posted in a manner conspicuously visible to the public at all hours in
such place or places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a
website in accordance with procedures established for this purpose and a duplicate copy of the
notice shall be filed with the regulations division of the state secretary's office.
The attorney general shall have the authority to prescribe or approve alternative methods of notice
where the attorney general determines such alternative will afford more effective notice to the
public.
(d) The attorney general may by regulation Dr letter ruling, authorize remote participation
by members of a public body not present at the meeting location; provided, however, that
the absent members and all persons present at the meeting location are clearly audible to
5/16/2013 E�
each other; and provided, further, that a quorum of the body, including the chair, are
present at the meeting location. Such authorized members may vote and shall not be
deemed absent for the purposes of section 23D of chapter 39.
(e) After notifying the chair of the public body, any person may make a video or audio recording of
an open session of a meeting of a public body, or may transmit the meeting through any medium,
subject to reasonable requirements of the chair as to the number, placement and operation of
equipment used so as not to interfere with the conduct of the meeting. At the beginning of the
meeting the chair shall inform other attendees of any such recordings.
(f) No person shall address a meeting of a public body without permission of the chair, and all
persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a
meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the
proceedings, the chair may order the person to withdraw from the meeting and if the person does
not withdraw, the chair may authorize a constable or other officer to remove the person from the
meeting.
(g) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a
form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations
promulgated pursuant to section 25 and a copy of the educational materials prepared by the
attorney general explaining the open meeting law and its application pursuant to section 19.
Unless otherwise directed or approved by the attorney general, the appointing authority, city or
town clerk or the executive director or other appropriate administrator of a state or regional body,
or their designees, shall obtain such certification from each person upon entering service and shall
retain it subject to the applicable records retention schedule where the body maintains its official
records. The certification shall be evidence that the member of a public body has read and
understands the requirements of the open meeting law and the consequences of violating it.
5/16/2013
3�
ShZ
OML Regulations: Remote Participation
29.10: Remote Participation
(1) Preamble. Remote participation may be permitted subject to the following procedures
and restrictions. However, the Attorney General strongly encourages members of public
bodies to physically attend meetings whenever possible. By promulgating these regulations, the
Attorney General hopes to promote greater participation in government. Members of public bodies
have a responsibility to ensure that. remote participation in meetings is not used in away that .
would defeat the purposes of the Open Meeting Law, namely promoting transparency with regard
to deliberations and decisions on which public policy is based.
(2) Adoption of Remote Participation. Remote participation in meetings of public bodies is not
permitted unless the practice has been adopted as follows:
(a) Local Public Bodies. The Chief Executive Officer, as defined in M.G.L. c. 4. sec. 7, must
authorize or, by a simple majority, vote to allow remote participation in accordance with the
requirements of these regulations, with that authorization or vote applying to all subsequent
meetings of all local public bodies in that municipality.
(b) Regional or District Public Bodies. The regional or district public body must, by a simple
majority, vote to allow remote participation in accordance with the requirements of these
regulations, with that vote applying to all subsequent meetings of that public body and its
committees.
(c) Regional School Districts. The regional school district committee must, by a simple majority,
vote to allow remote participation in accordance with the requirements of these regulations, with
that vote applying to all subsequent meetings of that public body and its committees.
(d) County Public Bodies. The county commissioners must, by a simple majority, vote to allow
remote participation in accordance with the requirements of these regulations, with that vote
applying to all subsequent meetings of all county public bodies in that county.
(e) State Public Bodies. The state public body must, by a simple majority, vote to allow remote
participation in accordance with the requirements of these regulations, with that vote applying to
all subsequent meetings of that public body and its committees.
(f) Retirement Boards. A retirement board created pursuant to M.G.L. c. 32, sec. 20 or M.G.L.
c. 34B, § 19 must, by a simple majority, vote to allow remote participation in accordance with
the requirements of these regulations, with that vote applying to all subsequent meetings of that
public body and its committees.
3
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(3) Revocation of Remote Participation. Any person or entity with the authority to adopt remote
participation pursuant to 940 CMR 29.10(2) may revoke that adoption in the same manner.
(4) Minimum Requirements for Remote Participation.
(a) Members of a public body who participate remotely and all persons present at the meeting
location shall be clearly audible to each other;
(b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to
chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c.
30A, sec 20(d);
(c) Members of public bodies who participate remotely may vote and shall not be deemed
absent for the purposes of M.G.L. c. 39, sec. 23D.
(5) Permissible Reasons for Remote Participation. If remote participation has been adopted in
accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate
remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the
chair or, in the chair's absence, the person chairing the meeting, determines that one or more of
the following factors makes the member's physical attendance unreasonably difficult:
(a) Personal illness;
(b) Personal disability;
(c) Emergency;
(d) Military service; or
(e) Geographic distance.
(6) Technology.
(a) The following media are acceptable methods for remote participation. Remote participation
by any other means is not permitted. Accommodations shall be made for any public body
member who requires TTY service, video relay service, or other form of adaptive
telecommunications.
(i) telephone, internet, or satellite enabled audio or video conferencing;
(ii) any other technology that enables the remote participant and all persons present at the
meeting location to be clearly audible to one another.
4 shy
5/16/2013
(b) When video technology is in use, the remote participant shall be clearly visible to all persons
present in the meeting location.
(c) The public body shall determine which of the acceptable methods may be used by its
members.
(d) The chair or, in the chair's absence, the person chairing the meeting, may decide how to
address technical difficulties that arise as a result of utilizing remote participation, but is
encouraged, wherever possible, to suspend discussion while reasonable efforts are made to
correct any problem that interferes with a remote participant's ability to hear or be heard clearly
by all persons present at the meeting location. If technical difficulties result in a remote
participant being disconnected from the meeting, that fact and the time at which the
disconnection occurred shall be noted in the meeting minutes.
(e) The amount and source of payment for any costs associated with remote participation shall
be determined by the applicable adopting entity identified in 940 CMR 29.10(2).
(7) Procedures for Remote Participation.
(a) Any member of a public body who wishes to participate remotely shall, as soon as
reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person
chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or
her request.
(b) At the start of the meeting, the chair shall announce the name of any member who will be
participating remotely and the reason under 940 CMR 29:10(5) for his or her remote
participation. This information shall also be recorded in the meeting minutes.
(c) All votes taken during any meeting in which a member participates remotely shall be by roll
call vote.
(d) A member participating remotely may participate in an executive session, but shall state at
the start of any such session that no other person is present and /or able to hear the discussion
at the remote location, unless presence of that person is approved by a simple majority vote of
the public body.
(e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall
distribute to remote participants, in advance of the meeting, copies of any documents or exhibits
that he or she reasonably anticipates will be used during the meeting. If used during the
meeting, such documents shall be part of the official record of the meeting, and shall be listed in
the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22.
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hS
(8) Further Restriction by Adopting Authority. These regulations do not prohibit any person or
entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) from enacting
policies, laws, rules or regulations that prohibit or further restrict the use of remote participation by
public bodies within that person or entity's jurisdiction, provided those policies, laws, rules or
regulations do not violate state or federal law.
(9) Remedy for Violation. If the Attorney General determines, after investigation, that 940 CMR
29.10 has been violated, the Attorney General may resolve the investigation by ordering the public
body to temporarily or permanently discontinue its use of remote participation.
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5/16/2013
3S
�h �
OML FAQ: Remote Participation
Remote Participation
If the practice of remote participation has been authorized in a municipality, may an individual
public body adopt a policy prohibiting or further restricting its use?
No. Only the adopting authority specified in 940 CMR 29.10(2) may establish restrictions on the use
of remote participation. The adopting authority can authorize the practice for all public bodies within
its jurisdiction but give all public bodies the opportunity to opt out of the practice, however.
To Top
What types of restrictions may an adopting authority place on remote participation?
An adopting authority, such as the Board of Selectmen in a town, may decide to adopt the practice of
remote participation, but place restrictions on its use. Just as the adoption of remote participation
must apply to all public bodies within the adopting authority's jurisdiction, however, any restriction on
remote participation, other than on the amount or source of payment for any costs associated with the
practice, must apply uniformly to all public bodies within the adopting authority's jurisdiction.
For instance, a Board of Selectmen may choose to adopt a policy saying that no member of any town
board may participate remotely in more than three meetings each year. Or the Board may adopt a
policy stating that a last minute lack of childcare shall be considered a personal emergency justifying
remote participation under 940 CMR 29.10 (5)(c). However, the Board may not authorize the practice
but say that only the Board of Selectmen can utilize it. The Board can say that funds for the purchase
of necessary equipment will only be allocated for the Board's use, though.
An adopting authority also may not adopt a policy that violates state or federal law. Thus, it is not
permissible for an adopting authority to say that no member may participate remotely due to personal
disability or geographic distance, since these are allowable reasons for remote participation under the
Attorney General's regulations. But the adopting authority can adopt a policy saying, for instance,
that a public body member who wishes to participate remotely due to geographic distance must be a
certain distance from the meeting location for his or her physical attendance to be considered
unreasonably difficult.
7
5/16/2013
3�
Stiff