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HomeMy WebLinkAbout2013-11-05 Board of Selectmen PacketDRAFT - BOARD OF SE=TMEN 2013 AGENDAS 2013 1013112013 Presentation Estimated Start time November 5, 2013 Office Hour Marsie West 6:30 Certificate Eloise Shannon Appointment Ad Hoc Zoning Advisory Committee 7:20 Appoint Town Counsel LeLacheur 7:25 HEARING Wine Bunker liquor license transfer, change of location and restrictions LeLacheur 7:30 Consideration of Class 2 MV license LeLacheur 7:45 Tax Classification preview joint mtg BOA 8:00 Extend Regional Assessing agreement with Wakefield LeLacheur Discuss Remote Participation for Boards, Committees and Commissions LeLacheur 8:15 Review Final Drainage studies & longer -term future of the Storm Water Ent Fund Zambouras & CONSCOM 8:30 Mailbox /snow plow policy Zager 8:50 Discuss Water & Sewer Enterprise Funds 9:00 delay rate change to December bills split water /sewer rates by usage process to exlude debt onto tax rate second meter for irrigation water relief from Beacon Hill November 12, 2013 - Subsequent Town Meeting (Tues) no meetings 7:30 November 14, 2013 - Subsequent Town Meeting (Thurs) no meetings 7:30 November 18, 2013 - Subsequent Town Meeting (Mon tentative) no meetings 7:30 November 26, 2013 Update on Johnson Woods project LeLacheur 7:20 Approve amendment to regulatory agreement for Johnson Woods (affordable housing) LeLacheur 7:35 RCASA overview McNamara 7:45 Approve Liquor Licenses LeLacheur 8:15 HEARING Tax Classification joint mtg BOA 8:30 December 10, 2013 Office Hour Marsie West 6:30 Field naming request Feudo 7:30 Birch Meadow Master Plan Feudo 7:45 Dog Park opportunity Feudo 8:15 Strout Avenue Master Plan (complete after Town Forest planning work is done) Feudo 8:30 Review BOS/TM Goals LeLacheur 9:00 December 17, 2013 Approve Other Licenses LeLacheur 7:30 Approve early openings /24 hour openings LeLacheur Technology Update 8:00 Website; Document Storage; Permits & Lic.; Assessing; new Customer Service App Town Manager Performance Evaluation 9:00 Future Agendas Regionalization of other functions LeLacheur MWRA (Feb 2014) LeLacheur Policy on Trust Fund Commissioners Heffernan Lyme Disease mitigation strategy Clay Recurring Items Town Accountant Report Jan - Apr- Jul -Oct Qtrly Review BOS/TM Goals Mar- July -Dec Tri -ann Review Customer Service survey results Jan & July Semi -ann RCTV members Report Apr & Oct Semi -ann CAB (RMLD) member Report Apr & Oct Semi -ann MAPC member Report Apr & Oct Semi -ann Review Regionalization efforts Jun & Dec Semi -ann Reading Housing Authority Report March Annual Reading Ice Arena Report October Annual Appointments of BCCs June Annual Approve Classification & Compensation June Annual Tax Classification Hearing Oct/Nov Annual Approve licenses December Annual Appoint Town Counsel IDecember Annual DRAFT - BOARD OF SELECTMEN 2014 AGENDAS 2014 1013012013 Staff Responsibility Estimated Start time January 14, 2014 Office 11(0111- lien 'hif )N a 6:30 Town Accountant Report Angstrom 7:30 Review Customer Service survey results LeLacheur 7:45 FY15 Town Budget LeLacheur 8:00 January 21, 2014 FY15 Town Budget LeLacheur 8:00 January 29, 2014 - Financial Forum February 11, 2014 Officc 111jul° lolm ,lrena b:Ili MWRA update Review BOS /TM Goals LeLacheur 8:00 February 25, 2014 March 4, 2014 Office l {our James 13onazoli fi: O HEARING Close Annual Town Meeting Warrant 8:00 March 18, 2014 informational Library "Big Read" Event Urell Appoint Town Accountant April 1, 2014 Office Ilour Dan Ensminger 0: NO April 8, 2014 Local Elections no meetings April 15, 2014 Reports 7:30 Town Accountant Report Angstrom MAPC member Report CAB (RMLD) member Report RCTV members Report Reading Bi- Weekly Update October 31, 2013 Do you ever ask yourself.. . "Who approved that ?" Note: image provided for effect, not a real house in Reading! To find out more about the mysteries and bylaws of local planning come to the November 20th Public Forum on Zoning! g WHO: Town staff, volunteers, and a planning consultant who have begun updating the Reading Zoning Bylaws. WHAT: Public Input is needed! WHEN: Wednesday, November 20 — 7:30 to 9:30 PM WHERE: Pleasant Street Center (Senior Center) 49 Pleasant Street, Reading, MA WHY: Because this is your chance to shape your community and help the Town address the land use regulations through zoning! Come on down... it's more fun than you think... and very interesting! Light refreshments will be served! lGl w Certificate of Recognition This Certificate is hereby awarded to Eloise Shannon From the Town of Reading, the Board of Selectmen, and the Council on Aging in recognition and celebration of her 100th Birthday. Mappy Birthday! Given this month of November 20, 2013 by the Reading Board of Selectmen RECEIVED TOWN CLERK FADING, MASS. APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /CONIIYIISS1044 P� Name: Calvo -Bacci Erin Kathleen Date: 10/17/13 (Last) (First) (Middle) Address: 494 Main Street Tel. (Home)__T81-9440730 Tel. (Work) 617 - 797 -3546 (Is this number listed ?) Occupation: Owner Bacci Chocolate Design # of years in Reading: 3 Are you a registered voter in Reading? yes e-mail address: erin @thechocolatetruffle.com Place a number next to your preferred position(s) (up to four choices) with #I being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee _Audit Committee _Board of Appeals _Board of Cemetery Trustees _Board of Health _Board of Registrars _Bylaw Committee _Celebration Committee _Cities for Climate Protection _Commissioner of Trust Funds _Community Planning & Development Comm. _Conservation Commission _Constable _Contributory Retirement Board _Council on Aging _Cultural Council _Custodian of Soldiers' & Sailors' Graves Economic Development Committee _Fall Street Faire Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee MBTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board _Town Forest Committee _Trails Committee _West Street Historic District Commission Y Other 3er#pw-Dpn-njuff ii P D yOL_ �"Itk C6INMi�lrt Please outline relevant experience for the osition(s)) souSht: B t b cvt jof t t px of s boe n f n cfps pgd f Sf bejoh Opsu Sf bejoh Di bn cf s pgDpn n f sdf boe b n f n cf spgd f Sf tbjnBt t pdjbypo pgN bt t bdi vt f ui - Jbn jotf sf t tf a jo wprvimf f joh hna Y irnrf hcrfi in csnh to ti f Lhcrfi dsf eicrfi iot ihi uboe f vaf sif odf / 1 �J q 0,--- LEGAL NOTICE OFRF _ - O� iy c N i t r 'INC TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will .hold a public hearing on November - 5,. 201.3 at 7:30- p.m. in the Selectmen's Meeting-Room, 16 Lowell Street,. Reading, Massachusetts on the trans- fer of Package Store Liquor License from CWI, LTD d/b/a The Wine Bunker to "al and Kevin LLC d/b /a Liquor Junction at a new location within the same plaza at 1 General Way. A copy, of the proposed document regarding this topic is available In the Town Manager's office, 16 Lowell Street, Reading, MA; M -W- Thurs from 7:30 a.m.`- 5:30 p.m., Tues from 7:30 a.m. 7:00 p.m. and is attached to the hearing ' 'notice on the website at www.readingma.gov All Interested parties are Invited to attend the hearing, or may submit their com- ments.In writing or by email prior to 6:00 p.m. . on November 5, 2013 to town-,. . manager@ci.reading.ma.us By order of Robert W.LeLacheur Town Manager 10/24 Si5LA The Commonwealth of Massachusetts IIIIIIIIIIN Alcoholic Beverages Control Commission 239 Causeway Street �0�� Boston, MA 02114 OCT ?4 Q6 www. mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER 109 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 101600034 LICENSEE NAME Kajal and Kevin LLC ADDRESS 27 Christopher Dr CITY/TOWN Methuen STATE MA ZIP CODE 01844 TRANSACTION TYPE (Please check all relevant transactions): Alteration of Licensed Premises Cordials /Liqueurs Permit New Officer /Director MX Transfer of License Change Corporate Name Issuance of Stock New Stockholder Transfer of Stock M Change of License Type Management/Operating Agreement ❑ Pledge of Stock ❑ Wine & Malt to All Alcohol QX Change of Location ❑ More than (3) §15 E] Pledge of License ❑ 6 -Day to 7 -Day License E] Change of Manager ❑ New License Seasonal to Annual Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241 -3396 s�Z Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 PETITION FOR TRANSFER OF OWNERSHIP, TRANSFER OF STOCK, NEW OFFICER(S), DIRECTOR(S), STOCKHOLDER(S) AND LLC MANAGER(S) 101600034 1 ABCC License Number Reading -� City/Town The licensee A. CWI LTP and the proposed transferee B. IKAJAL and KEVIN LLC respectfully petition the Licensing Authorities to approve the following transfer of ownership. Any Corporation, LLC or Association, Partnership, Individual, Sole Proprietor Listed in box (A.) must submit a certificate of good standing from the Massachusetts Department of Revenue (DOR). Is the PRESENT licensee a Corporation /LLC listed in box (A.), duly registered under the laws of the Commonwealth of Massachusetts? ❑ Yes ❑ No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stock or % Owned Brett Barclift President 5710 Steams Hill Road, Arlington, MA 02451 25% Peter J. Donovan Shareholder 35 Longmeadow Road, Arlington, MA 02474 65% James Danahy Shareholder 16 Alcott Street, Apt 1, Allston, MA 02134 10% Is the PROPOSED transferee a Corporation /LLC listed in box (B.), duly registered under the laws of the Commonwealth of Massachusetts? X❑ Yes ❑ No TO: (Place an * before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or % Owned *Jasmin Patel Manager and Member 34 Jackman Ridge Rd, Windham, NH 03087 100 *Gitaben Patel Manager 27 Christopher Dr, Methuen, MA 01844 0 *Virendra Patel Manager 27 Christopher Dr, Methuen, MA 01844 0 The above named proposed transferee hereby joins in this WpIllon or transfer of said license. SIGNATURE OF LAST- APPROVED LICENSEE: a Corporation/LLC, by its authorized representative) SIGNATURE OF PROPOSED TRANSFEREE: Date Signed S ,ti� (rev.3/26/13) APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Reading 1. LICENSEE INFORMATION: A. Legal Name /Entity of App Iicant:(Corporation, LLC or Individual) KAJAL and KEVIN LLC B. Business Name (if different) : Liquor Junction C. Manager of Record: Jasmin Patel D. ABCC License Number (for existing licenses only) : 101600034 E.Address of Licensed Premises 1 General Way City/Town: Reading State: MA Zip: 01867 F. Business Phone: (603) 265 -0879 G. Cell Phone: (603) 265 -0879 H. Email: ketulpatel @hotmail.com I. Website: J.Mailing address (If different from E.): 27 Christopher or City/Town: Methuen State: MA Zip: 01844 TRANSACTION: ❑ New License ❑ New Officer /Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock 0 Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6) Day to (7) -Day License ❑ Wine & Malt to All Alcohol ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the of a Manager of Record or principal representative. 3. TYPE OF LICENSE: ❑ §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) Q §15 Package Store 4. LICENSE CATEGORY: ❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials /Liqueurs Permit S. LICENSE CLASS: ❑X Annual ❑ Seasonal ��N 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Matthew Fogelman ADDRESS: 100 Wells Avenue CITY/TOWN: Newton STATE: MA ZIP CODE: 02459 CONTACT PHONE NUMBER: (617) 559 -1530 FAX NUMBER: (617) 505 -1540 EMAIL: mjf @fogelmanlawfirm.com 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. This will be a 7200 sqft premise with roughly 6700sgft of retail space. There will be roughly 500sgft of storage on back of the store. This premise will be all on ground floor, there is no basement or second floor. There will be one entrance of the store from and one exit door will be at the rear end of the store. There will 27 door display and beer cave for premium beers. Total Square Footage: 7200 Number of Entrances: 1 Number of Exits: 2 Occupancy Number: 30 Seating Capacity: 0 IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): ITrust I Other: Name: I Danis Reading Realty Trust I Phone: (978) 568 -0345 Address: 1 General Way City/Town: Reading State: MA Zip: 01867 Initial Lease Term: Beginning Date 11/30/2013 Ending Date 11/01/2018 Renewal Term: Options /Extensions at: 5 Years Each Rent: $151,200.00 Per Year Rent: $12,600.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No ❑ IMPORTANT ATTACHMENTS(4): 1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. S�-S 9. LICENSE STRUCTURE: The Applicant is a(n): LLC If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA —71. Is the Corporation publicly traded? Yes ❑ No ❑X Other: Date of Incorporation /Organization: 05/31/2013 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other individuals with any ownership in this license must complete a CORI Release Form. -7 Name All Titles and Positions Specific # of Stock or %Owned Other Beneficial Interest Jasmin Patel Member and Manager 100% Gitaben Patel Manager 0% Salary Virendra Patel Manager 0% Salary *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑X No ❑ If yes, list said interest below: Name License Type Licensee Name & Address Jasmin Patel §15 Package Store Kajal LLC DBA Quickstop 123 Nashua Rd #25, Londonderry, NH Please Select Please Select Please Select Please Select Please Select Please Select *If additional space is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: . Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes E] No QX If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated Please Select Please Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and /or §12 ever been suspended, revoked or cancelled? Yes ❑ No ❑X If yes, list said interest below: Date I License I Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A ( §15) PACKAGE STORE LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? Yes ❑ No 2. Are you a Massachusetts Residents? Yes ❑ No B.) For Corporation(s) and LLC(s) 1. Are all Directors /LLC Managers U.S. Citizens? Yes QX No 2. Are a majority of Directors /LLC Managers Massachusetts Residents? Yes X❑ No 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): Yes No 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR (§ VETERANS CLUB LICENSE ONLY: For Individual(s): 1. Are you a U.S. Citizen? B.) For Corporation(s) and LLC(s) : 1. Are a majority of Directors /LLC Managers NOT U.S. Citizen(s)? RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN,'' 2. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes [] No F Yes No Yes No E] Yes ❑ No E] 5-7 HOW: Be the first to participate at a meeting using our new technology! ➢ Electronic voting using "Turning Point" to give your input. ➢ You can cast your votes using a hand -held interactive device. ➢ No one knows your answer. ➢ Be a participant and not just a spectator! Background: In 1942 the Town of Reading adopted the Zoning Bylaw to regulate land uses. Town Meeting has adopted numerous updates since then. The Town has begun a comprehensive update of the Reading Zoning Bylaw to simplify and streamline as well as clarify these regulations. Public input is needed to guide this process and provide much needed feedback. For more information go to www.readingma.gov Questions: If you have any questions about all the activity going on around town... just ask and we will find you the answer! To subscribe to this Bi- Weekly Update: Send an email request to mknight@ci.reading.ma.us requesting that you be added to the Bi- Weekly Update. ICZ 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: $0.00 B. Purchase Price for Business Assets: 1 $260,000.00 C. Costs of Renovations /Construction: 1 $125,000.00 D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G:TOTALCOST H. TOTAL CASH I. TOTAL AMOUNT FINANCED $25,000.00 $150,000.00 $560,000.00 $280,000.00 IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash must include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (1) $325,000.00 must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Jasmin Patel (LLCMember) will provide $280,000 funds in which $245,000 will be personal funds,$42000 line of credit on primary residence. Manish Patel will provide total of $175,000 as loan to the business. Wasco Capital LLC will provide $150000 funding for fixtures, lighting and cooler. I *If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED "NOTED IN SUB - SECTIONS 16(I) WILL DERIVE: A. Name Dollar Amount Type of Financing Wasco Capital $150,000.00 Equipment and Fixtures Leasing Manish Patel $175,000.00 Personal Loan additional space is needed, please use last page. B. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under Chapter 138? Yes ❑ No QX If yes, please describe: s�zs 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? ❑ Yes Ex No 1. If yes, to whom: 2. Amount of Loan: 3. Interest Rate: 4. Length of Note: S. Terms of Loan B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes E No 1. If yes, to whom: 2. Number of Shares: C. ) Is the applicant pledging the inventory? E Yes ❑x No If yes, to whom: ORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of Corporation /LLC approving the pledge. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way? If YES, please provide a description of the work being performed on the premises: EX Yes ❑ No Landlord is providing a new space when purchase of business has been completed in same plaza. The plan and location of space has been provided in lease attachment. This premise is going to be constructed on ground floor with no basement and second floor. There will be two exit and one entrance door to the premise. There will be atleast two windows in the front of store right behind the counter. There will be all new wine, liquor and been racks. Moreover, there will be 27 door display and beer cave cooler. There will be two doors dedicated to cold wines and rest will be dedicated to premium beers. 21. ANTICIPATED OPENING DATE: Feb 28, 2014 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED s�-q The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www mass.gov/abcc PETITION FOR CHANGE OF LICENSE 1101600034 ABCC License Number Reading City/Town The licensee Kajal and Kevin LLC respectfully petitions the Licensing Authorities to approve the following transactions: ❑ Change of Manager ❑ Alteration of Premises ❑ Pledge of License /Stock ❑ Cordial & Liqueurs ❑ Change of License Type ( §12 ONLY, e.g. "club" to "restaurant ❑ Change of Corporate Name /DBA ❑ Change of Location ❑ Change of Manager Last - Approved Manager: Requested New Manager: ❑ Pledge of License /Stock Loan Principal Amount: $ Interest Rate: Payment Term: Lender: ❑ Change of Corporate Name /DBA Last- Approved Corporate Name /DBA: Requested New Corporate Name /DBA: ❑ Change of License Type Last- Approved License Type: Requested New License Type: ❑ Alteration of Premises: (must fill out attached financial information form) Description of Alteration: Description of Premises: ❑X Change of Location: (must fill out attached financial information form) Last- Approved Location: 1 General Way, Reading, MA 01867 Requested New Location: C enernl W0 t eQ& t MA ON617 Signature of Licensee Date Signed (t ?$ Corporation/LLC, by Its authorized representative) AFFIDAVIT OF NOTICE OF MAILING TO ABUTTER AND OTHERS To the Licensing Board For the Liquor Junction Date I, hereby certify that the following is a true list of the persons shown upon the Assessor's most recent valuation list as the owners of the property abutting the proposed location for an alcoholic beverages license at: that the following schools, churches or hospitals are located within the radius of five hundred (500) feet from said proposed location: If there are none, please so state: I also certify that the notice of this application /petition concerning an alcoholic beverages license was given to the above by mailing to each of them within three (3) days after publication of same, a copy of the advertisement is attached below. Also attached are the registered receiptsJreturn registered receipts bearing signatures of persons receiving said notice. Signed and subscribed to under the penalties of perjuries: Printed: Written: Date: Notary Public: My Commission Expires: Please Attach Advertisement and Receipts tea• f Additional Space Please note which question you are using this space for. Information: 114: Costs Associated with License 1. Real Property: $ 2. Business Purchase: S 601000 3. Renovations /Construction: S 125,000 4. Start up /Operating Capital: $ P5,000 5. Inventory: $ 150,000 6. Goodwill: $ 7. Furniture: $ 8. TOTAL COST: $ 60,000 9. TOTAL CASK: $ P80,000 10. TOTAL FINANCED: $ 25,000 The amounts in items 9 and 10 must total the amount reflected in item 8. IMPORTANT: Submit any and all records, documents and affidavits including loan agreements that explain the sources of money for this , a- 3 APPLICANT'S STATEMENT 1, kasmin Patel I the ❑sole proprietor;❑ partner; ❑ corporate principal; 0 LLC /LLP member Of IKajal and Kevin LLC I , hereby submit this application for ILIquor Junction I (hereinafter the "Application "), to the local licensing authority (the "LLA ") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities ") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: JI,�, _ <�,,o,� I Date: 1 101 ?Z Title: I BV.&&.6A* -5� f it The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass.gov/abcc V MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: Kajal and Kevin LLC Business Name (dba): Liquor Junction Address: 127 Christopher Dr City/Town: Methuen I State: MA Zip Code: 01844 ABCC License Number: 101600034 Phone Number of Premise: (603) 265 -0879 (If existing licensee) 2. MANAGER INFORMATION: A. Name: Jasmin Patel B. Cell Phone Number: (603) 265 -0879 C. List the number of hours per week you will spend on the licensed premises: 24 to 40 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes pX No M B. Date of Naturalization: 03/16/1999 C. Court of Naturalization: District court for Northern Dist (Submit proof of citizenship and /or naturalization such as U.S. Passport, Voter's Certificate, Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes QX No Ej If yes, please describe: I am one of members of LLC who owns a convenience store selling beer and wine in Londonderry NH. B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No XQ If yes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No QX If yes, please describe: D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): 1) 02/2005 to 07/2005 , Financial Analyst, Iron Mountain, Boston, MA (800) 935 -6966 2) 07/2005 to 11/2011, Supervisor of Accounting Operation 0 / hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature • , Date 10123 le I The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of Licensee Kajal and Kevin LLC C. Address 27 Christopher Dr E. City/Town Methuen F. Phone Number of Premise (603) 265 -0879 2. PERSONAL INFORMATION: B. Business Name (dba) Liquor Junction D. ABCC License Number 101600034 (If existing licensee) State MA Zip Code 01844 G. EIN of License A. Individual Name Jasmin Patel B. Home Phone Number (603) 265 -0879 C. Address 34 Jackman Ridge Rd D. City/Town Windham State NH Zip Code 03087 E. Social Security Number I F. Date of Birti G. Place of Employment MetroPCS 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must Include the city and state where the charges occurred as well as the disposition of the convictions FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. 1 am amember of an LLC with 100% ownership and providing direct funding of $280,000.1 am also one of managers of LLC. IMPORTANT ATTACHMENTS (8): For *If additional space is needed, please use the last page attach last (3) months of bank statements for the source(s) of this 1 hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date j Title L), ,(� M (If Corporation /LLC Representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 lug,www. mass.gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of Licensee Kajal and Kevin LLC C. Address 27 Christopher Dr E. City/Town Methuen F. Phone Number of Premise (603) 265 -0879 2. PERSONAL INFORMATION: B. Business Name (dba) Liquor Junction D. ABCC License Number 101600034 (If existing licensee) State MA Zip Code 01844 G. EIN of License A. Individual Name Gitaben Patel B. Home Phone Number (978) 394 -6218 C. Address 27 Christopher Dr D. City/Town Methuen State MA Zip Code 01844 E. Social Security Number i -_ F. Date of Birth G. Place of Employment NA 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No 0 If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I am one of the managers of the LLC and will be paid salary for management of the store. I am not providing any funds for the business. IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date 1 e aR t Title LrL C, �Wy� (If Corporation /LLC Representative) , X17 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. massgov /abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) Liquor Junction A. Legal Name of Licensee Kaja) and Kevin LLC D. ABCC License Number 101600034 C. Address 27 Christopher Dr (If existing licensee) E. City/Town Methuen State MA Zip Code 01844 F. Phone Number of Premise (603) 265 -0879 G. EIN of License _ 2. PERSONAL INFORMATION: A. Individual Name Virendra Patel B. Home Phone Number (978) 394 6218 C. Address 27 Christopher Dr D. City/Town Methuen State MA Zip Code 01844 E. Social Security Numbe, F. Date of Birth i G. Place of Employment NA 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No ❑x If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disposition of the convictions FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I am one of the managers of the LLC and will be paid salary for management of the store. l am not providing any funds for the business. IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page 1 hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature in " " Date Q 2, Title L, c ock-r' o (If Corporation /LLC Representative) s�s The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov /abee RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: IF USED EPAY, CONFIRMATION NUMBER: NO FEE A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY): 1101600034 1 LICENSEE NAME: Kajal and Kevin LLC ADDRESS: 1 1 General Way CITY/TOWN: Reading STATE ZIP CODE 01867 TRANSACTION TYPE (Please check all relevant transactions): Change of Hours Change of DBA Charity Wine License THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241 -3396 5;z+,f The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov /abcc PETITION FOR CHANGE OF LICENSE 101600034 ABCC License Number Reading City/Town The licensee Kajal and Kevin LLC respectfully petitions the Licensing Authorities to approve the following transactions: Change of Manager Alteration of Premises Pledge of License /Stock Cordial & Liqueurs Change of Corporate Name Change of Location n Change of DBA E] Change of License Type ( §12 ONLY, e.g. "club" to "restaurant ") ❑ Change of Manager Last - Approved Manager: Requested New Manager: Pledge of License /Stock Loan Principal Amount: $ Interest Rate: Payment Term: Lender: �X Change of Corporate Name /DBA Last - Approved Corporate Name /DBA: Wine Bunker Requested New Corporate Name /DBA: Liquor Junction E] Change of License Type Last - Approved License Type: Requested New License Type: Alteration of Premises: (must fill out attached financial information form) Description of Alteration: ❑ Change of Location: (must fill out attached financial information form) Last - Approved Location: F 7_71 Requested New Location: Signature of Licensee Date Signed 16 2Z113 If a Corpomdon/LLC, by its authorised representative) soQyo Change of DBA Checklist This application will be returned if the following documentation is not submitted: M Petition for Change of License E] Business Certificate Vote of Corporate Board or LLC Note: No fee is required for this transaction as ABCC approval is not necessary s-�-Z.,I OFQ r r v Town of Reading BUSINESS CERTIFICATE Certificate #: 2013/102 Original Issue: September 10, 2013 Type: New Renew: Expiration: September 10, 2017 Inconformity with the provisions of Massachusetts General Laws, Ch 110 Sec 5, as amended, the undersigned hereby declares that a business is conducted under the title of: Liquor Junction One General Way Reading, MA 01867 Said business is conducted by the following named person(s). If a corporation; include the title of each corporate officer signing the certificate. Name Address Jasmin Patel 34 Jackman Ridge Road Windham, NH 03087 Jasa Patel Type of Business: Liquor Store Appeared before me the above named person(s) and acknowledged the foregoing to be a true and accurate account, given under the pains and penalties of perjury this 10th day of September 2013. �A j Laura A. Gemme, Town Clerk In accordance with the provisions of Massachusetts Laws the business certificate shall be in effect for a period of 4 years from the date of issue and shall be renewable by the applicant every four years thereafter. In the event of discontinuance, withdrawal of partner, retirement, or amendment of the certificate in any manner it shall be necessary to file with the Town Clerk such change, under oath. Such change shall be recorded with and become part of the original filing. Copies of the Business Certificate shall be available at the address of the business and shall be famished to any person(s), making purchases of goods or services upon request. This is not a license to do business. Necessary licenses and permits must be obtained at the Town Manager's Office or Board of Health. s- -a,42' Kajal and Kevin LLC 27 Christopher Dr Methuen MA 01844 October 23, 2013 I, Jasmin Patel, the president of Kajal and Kevin LLC, hereby authorize the LLC to apply for a liquor license transfer(package store) for Wine Bunker, located at 1 General Way, Reading MA 01867. I, Jasmin Patel, also hereby authorize the LLC to file for a change of DBA to the new name, Liquor Junction. I, Jasmin Patel, hereby also authorize the LLC to petition for a change of location for the package store, within the same plaza located at 1 General Way, Reading, MA 01867. Jasmin Patel Signed under the pains and penalties of perjury 5, 2--3 LLC Operating Agreement This is a Limited Liability Company Operating Agreement (the "Agreement ") made on October 22, 2013. The Members in this agreement are as follows: Jasmin Patel The Members to this Agreement agree to the following: Name: This Limited Liability Company will be known as KAJAL and KEVIN LLC (the "LLC" or "Company "). The LLC: a) The Members have formed a Limited Liability Company. b) The terms and conditions of their LLC will be outlined in this Agreement. c) If the Agreement is executed, the LLC Operating Agreement will be in effect on June 19, 2013. d) The LLC will only be terminated as outlined in this Agreement. e) The LLC's primary place of business will be 27 Christopher Dr, Methuen, Massachusetts, 01844. f) The LLC will be governed under the laws of the state of Massachusetts. g) The LLC's primary purpose is Liquor Store. Registered Office and Agent: The Company's registered office shall be located at 27 Christopher Dr, Methuen, Massachusetts, 01844.The Company's Managers may, in accordance with the voting authority established above, change the principal office, registered office, or registered agent of the Company, or establish additional agents, offices or places of business of the Company from time to time. ,l Contributions: The Members will make an initial contribution to the LLC as follows: Jasmin Patel : $280,000.00 in Cash 5-G�7 l Contributions will be submitted no later than November 30, 2013. All capital contributions are final unless all Members give written consent of withdrawal. All contributions will be deposited into a joint capital account. Interest• The Members' ownership interest in the LLC will be as follows: Jasmin Patel: 100% Costs: The Company shall reimburse the Managers or Members for all direct out -of- pocket expenses incurred by them in managing the Company. Profits & Losses: a) The Members will share the net profits and losses of the LLC according to the following percentages: Jasmin Patel: 100% b) The Members' profit allocation will be accounted by Jasmin Patel according to the above percentages after the costs of the LLC have been paid or calculated according to the above cost percentages. c) Profit allocations will be distributed 1 times per year. d) Each member must receive 100% of their profit allocation each year from the LLC, although percentages greater than the above listed may be distributed according to a member vote. e) The members are allowed to withdraw from their profit allocation at any time. f) All members will receive enough funds from the LLC to cover their income taxes for total profit allocation by the LLC. Members and Managers: a) The liability of the Members is limited according to the Limited Liability statutes for the state of Massachusetts. b) No Member shall be an agent of any other Member by reason of being a Member of the Company. c) All Members of the LLC, by majority vote of Member interest, will maintain 3 Manager(s) to be reelected every 5 years. All Members will vote in each election. Sa, 7,5*' d) Members that are not elected as Managers shall not have any control or vote in the operation of the Company's affairs and shall have no power to bind the Company. e) The Managers' voting authority will be defined by the following unless otherwise stated in the Agreement: All decisions for contract or otherwise will be made based on a majority vote of percent of ownership. Each Manager will have the authority based on their percent ownership outlined above in the Agreement. Proxies At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member or by his duly authorized attorney -in -fact. Such proxy shall be filed with the Managers of the Company before or at the time of the meeting. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. Filing of Notices The Managers of the Company shall be responsible for preparation, maintenance, filing and dissemination of all necessary returns, notices, statements, reports, minutes or other information to the Internal Revenue Service, the state of Massachusetts, the Members of the Company, and any other appropriate state or federal authorities or agencies. The Managers may delegate this responsibility to a single Manager in accordance with the voting authority established above. Liability of Members and Managers: All debts, obligations and liabilities of the LLC, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the LLC, and no Member shall be obligated personally for any such debt, obligation or liability of the LLC solely by reason of being a Member. However, each Member remains personally liable for payment of his, her or its Capital Contribution as set forth in the Act or as otherwise provided in this Agreement. This section does not prevent an LLC Member, should they so choose, from separately agreeing to guaranty or otherwise become liable for a debt which is also of the LLC. Indemnification• The Company will indemnify the Members, Managers, and agents for all costs, losses, liabilities and damages paid or accrued by the Member, Manager or agent in connection with the Company's business, to the fullest extent provided or allowed by the laws of Massachusetts. s�z` Accounting: a) All accounts related to the LLC, including contribution and distribution accounts will be audited upon a majority vote of the Members. b) All Members will maintain a joint contribution account. All Members will maintain a joint distribution account. Members will keep accurate and complete books of account for all accounts related to the LLC. Any Member, whether majority or minority, will be allowed to review all books of account at any time they request. c) Accounting records will be kept on a accrual basis. d) All financial records including tax returns and financial statements will be held at the LLC's primary business address and will be accessible to all members. e) The fiscal year will be complete on the last day of December of each year. All Members will present their position on the state of the LLC within two weeks of the completion of each fiscal year. f) The following Members will be able to sign checks from any joint Member account: Jasmin Patel New Members The LLC will amend this agreement to include new Members upon the written and unanimous vote of all Members. The name of the LLC may be amended if a new Member is added to the LLC upon the written and unanimous vote of all Members. Withdrawal or Death: The Members hereby reserve the right to withdraw from the LLC at any time. Should a Member withdraw from the LLC because of choice or death, the remaining Members will have the option to buy out the remaining shares of the LLC. Should the Members agree to buy out the shares, the shares will be bought in equal amounts by all Members. The Members agree to hire an outside firm to assess the value of the remaining shares. The Members will have 120 days to decide if they want to buy the remaining shares together and disperse them equally. If all Members do not agree to buy the shares, individual Members will then have the right to buy the shares individually. If more than one Member requests to buy the remaining shares, the shares will be split equally among those Members wishing to purchase the shares. If all Members agree by unanimous vote, the LLC may choose to allow a non - Member to buy the shares thereby replacing the previous Member. S�Z? If no individual Member(s) finalize a purchase agreement by 120 days, the LLC will be dissolved. The name of the LLC may be amended upon the written and unanimous vote of all Members if a Member is successfully bought out. Powers of Legal Rearesentative: If a Member who is an individual dies or a court of competent jurisdiction adjudges the Member to be incompetent to manage his or her person or property, the Member's personal representative, administrator, guardian, conservator, trustee or other legal representative shall have all of the rights of an assignee of the Member's interest. If a Member is a corporation, trust, partnership, limited liability company or other entity and is dissolved or terminated, the powers of that Member may be exercised by its legal representative or successor. Dissolution: Should the LLC be dissolved by unanimous vote or otherwise, the LLC will be liquidated, and the debts will be paid. All remaining funds after debts have been paid will be distributed based on the percentage of ownership interest outlined in this Agreement. An assignment or sale of a Members interest in the Company does not result in the dissolution of the Company. For the avoidance of doubt, the granting of a lien on any amount of Member interest is not deemed to be an assignment. Liquidation: Upon dissolution of the Company, the Managers or one of their members that they select shall liquidate the Company's assets and shall do so as promptly as is consistent with obtaining fair value for them, and shall apply and distribute the assets of the Company as follows: a) First, to the payment and discharge of all of the Company's debts and liabilities to creditors of the Company other than the Members; b) Second, to the payment and discharge of all of the Company's debt and liabilities to creditors of the Company that are Members; c) Third, to the Members in accordance with their capital accounts, after giving effect to all contributions, distributions and allocation for all periods. Amendments: a) Amendments may be made hereto upon the unanimous and written consent of all Members. b) Amendments must be expressly written and have the original signatures of all Members. Settling Disputes: All Members agree to enter into mediation before filing suit against any other Member or the LLC for any dispute arising from this Agreement or LLC. Members agree to attend one session of mediation before filing suit. If any Member does not attend mediation, or the dispute is not settled after one session of mediation, the Members are free to file suit. Any law suits will be under the jurisdiction of the state of Massachusetts. Action Without Meeting: Any action required or permitted to be taken by the Managers at a meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Managers. No State Law Partnership: The Members intend that the Company not be a partnership (including, without limitation, a limited partnership) or joint venture, and that no Member or Manager be a partner or joint venturer of any other Member or Manager, for any purposes other than federal and state tax purposes, and this Operating Agreement may not be construed to suggest otherwise. Choice of Law and Severability: This Agreement shall be construed in accordance with the internal law of the state of Massachusetts. If any provision of this Agreement shall be contrary to the internal laws of the state of Massachusetts or any other applicable law, at the present time or in the future, such provision shall be deemed null and void, but this shall not affect the legality of the remaining provisions of this Agreement. This Agreement shall be deemed to be modified and amended so as to be in compliance with applicable law and this Agreement shall then be construed in such as way as will best serve the intention of the parties at the time of the execution of this Agreement. Entire Agreement: This Agreement constitutes the entire agreement among the Members regarding the terms and operations of the Company, except for any amendments to this Agreement adopted in accordance with the terms herein. This Agreement supersedes all prior and contemporaneous agreements, statements, understandings, and representations of the parties regarding the terms and operation of the Company, except as provided in the preceding sentence. All Members signed hereto agree to the above stated Agreement Signed this cQ3— day of , bock , 201 Signature: Jasmi el S�9 Kajal and Kevin LLC 27 Christopher Dr Methuen MA 01844 October 23, 2013 I, Jasmin Patel, the president of Kajal and Kevin LLC, hereby authorize the LLC to apply for a liquor license transfer(package store) for Wine Bunker, located at 1 General Way, Reading MA 01867. I, Jasmin Patel, also hereby authorize the LLC to file for a change of DBA to the new name, Liquor Junction. 1, Jasmin Patel, hereby also authorize the LLC to petition for a change of location for the package store, within the same plaza located at 1 General Way, Reading, MA 01867. Jasmin Patel Signed under the pains and penalties of perjury Sa -3 -0 \� �) 5. --�� c-� I IIIIR(VIKAN 9rit{i}kIIIII MASSACHUSETTS DEPT. OF REVENUE PO BOX 7066 BOSTON, MA, 02204 AMY A. PITTER, COMMISSIONER ROBERT P. O'NEILL, BUREAU CHIEF 243C o CWI LTD 16A CUMMINGS PARK m WOBURN MA 01801 -2105 Notice 80619 Date 09/03/13 Bureau CERTIFICATE CERTIFICATE OF GOOD STANDING AND /OR TAX COMPLIANCE Y'SS�C� SF� v ME The Commissioner of Revenue certifies as of the above date, that the _above named individual or entity is in compliance with its tax obligations payable under M.G.L. c. 62C, including corporation excise, sales and use taxes, sales tax on meals, sales and use tax on-Boats /RV, withholding taxes, room occupancy excise and personal income taxes, with the following exceptions. This Certificate certifies that individual taxpayers are in compliance with income tax obligations and any sales and use taxes, sales tax on meals, withholding taxes, and /or room occupancy taxes related to a sole proprietorship. Persons deemed responsible for the payment of these taxes on behalf of a.corporation, partnership or other business entity may not use our automated process to obtain a Certificate. This Certificate does not certify that the entity's standing as to taxes such as unemployment insurance administered by agencies other than the Department of Revenue, or taxes under any other provisions of law. Taxpayers required to collect or remit the following taxes must submit a separate request to certify compliance: Alcoholic Beverage Excise, Cigarette Excise, International Fuels Tax Agreement, Smokeless Tobacco, or Ferry. Embarkation. THIS IS NOT A WAIVER OF LIEN ISSUED UNDER GENERAL LAWS, CHAPTER 62C, SECTION 52. Very truly yours, Robert O'Neill, Bureau Chief sa,3 L EXECUTION VERSION ASSET PURCHASE AGREEMENT This ASSET PURCHASE AGREEMENT is made this 18th day of July, 2013, by and among KAJAL AND KEVIN LLC, a Massachusetts limited liability company with its principal place of business at 27 Christopher Drive, Methuen, Massachusetts 01844 (the "Buyer "); CW I, LTD., a Massachusetts corporation with its principal place of business at 16A Cummings Park, Woburn, Massachusetts 01801 (the "Seller "), BRETT BARCLIFT, of 5710 Steams Hill Road, Waltham, Massachusetts 02451 (`Barclift "), PETER J. DONOVAN, of 35 Longmeadow Road, Arlington, Massachusetts 02474 ( "Donovan ") and JAMES DANAHY, of 16 Alcott Street, Apt. 1, Allston, Massachusetts 02134 ( "Danahy ", and collectively with Donovan and Barclift, the "Shareholders" and each individually a "Shareholder "). WHEREAS, the Seller operates a specialty wine shop d/b /a "The Wine Bunker" in Reading, Massachusetts (the "Business "); and WHEREAS, the Buyer desires to purchase and the Seller desires to sell and transfer to the Buyer the Business and substantially all of the assets owned or used by the Seller in the Business, upon the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, the parties agree as follows: ARTICLE I. PURCHASE AND SALE OF ASSETS 1.1. Purchase of Assets. Subject to the terms, provisions and conditions set forth in this Agreement, the Seller agrees to sell, assign, transfer and convey to the Buyer, and the Buyer agrees to purchase, acquire and accept from the Seller, free and clear of all Encumbrances (as defined in Section 3.1(b)) all the Seller's right, title and interest in and to all of the assets (other than the Excluded Assets) that are owned by the Seller and used or useful in the conduct of the Business (the "Purchased Assets "), including, without limitation, the following assets and properties: (a) Certain, if any, of Seller's merchandise inventory as it may exist on the Closing Date, to be determined by the Buyer at least two (2) Business Days prior to the Closing Date ( "Purchased Inventory "). "Business Day" shall mean any Monday through Friday, except for federal and Massachusetts state holidays.; ��33 (b) All of Seller's trade fixtures, machinery, equipment, furniture and supplies as set forth on Schedule 1.1(b); (c) All intellectual property used in the Business, including Seller's ownership of the name "The Wine Bunker "; (d) All business files, correspondence, documents, lists, studies and reports, including sales, advertising, promotional and marketing information and materials, customer lists and customer data, distributor information and lists, supplier information and lists, and equipment repair, maintenance, service and quality control records, whether written, electronically stored or otherwise recorded and, in each case, related directly or indirectly to the Purchased Assets or the Business (the `Books and Records "); (e) All goodwill associated with the Business; (f) All telephone, fax and pager numbers and email addresses assigned to the Seller or used by the Business; and (g) the Liquor License (as defined below). 1.2. Excluded Assets. The Seller shall retain all of the right, title and interest in and to all of the assets listed below (collectively, the "Excluded Assets "): (a) All minute books, stock records and corporate records of the Seller; (b) All accounts receivable as of the Closing Date ( "Accounts Receivable "); (c) All cash and cash equivalents; (d) All rights to refunds from customers, suppliers and other parties, and all prepaid expenses and deposits, in each case, as related to the Business as of the Closing Date; (e) Any inventory not purchased by the Buyer; (f) Any return, declaration, report, claim or refund, or information return or statement (including any form, schedule or attachment thereto and any amendment or supplement thereof) relating to any federal, state, local; foreign, income or any other tax of any kind whatsoever, including any interest, penalty or addition thereto, whether disputed or not; (g) Leases for Napa Technology WineStations, which leases shall be terminated or expire prior to Closing; (h) All contracts of the Seller; and (i) All insurance policies insuring the lives of any of the Seller's employees, officers or directors as of the date of this Agreement. 1.3. No Assumption of Liabilities. Buyer is not assuming any liabilities of the Seller including any liabilities that may arise with respect to Seller's employees unless this Agreement 2 Sk.-3 Y contains specific provisions whereby Buyer assumes Seller's liabilities. ARTICLE II. PURCHASE PRICE AND PAYMENT AT CLOSING 2.1. Consideration and Purchase Price of Purchased Assets. (a) In consideration of the transfer of the Purchased Assets, in accordance with and subject to the terms and conditions hereof, the Buyer shall pay to the Seller the amount of Two Hundred and Sixty Thousand and 00 /100 Dollars ($260,000.00), plus the value of the Purchased Inventory, which value shall be equal to the price the Seller paid for the Purchased Inventory (the "Purchase Price "). 2.2. Payment at Closing. Subject to the terms and conditions hereof, at the Closing, the Buyer shall pay by bank or certified check, the Purchase Price as follows: (a) Buyer shall establish an escrow account (the "Escrow Account ") with George A. Perry, Esq. (the "Escrow Agent ") and shall deposit $10,000 (the "Escrow Amount ") in such Escrow Account at Closing. The Escrow Amount shall be disbursed in accordance with Escrow Agreement by and among the Seller, the Buyer and the Escrow Agent substantially in the form attached hereto as Exhibit A. (b) At the Closing, the Payoff Amount (as defined in Section 4.2(g)) shall be paid to Leader Bank, N.A. (the "Bank "). (c) At the Closing, broker's fees of $20,800 shall be paid to Squizzero & Associates, LLC (the "Broker "). (d) The Buyer shall pay the remainder of the Purchase Price to the Seller on behalf of itself and the Shareholders subject to the following: At the closing Seller shall deliver to Buyer a list of any remaining accounts payable of the Business, and all such accounts, including amounts due to Danis Reading Realty Trust shall be deducted from Seller's closing proceeds and paid. (e) No less than three (3) Business Days before the Closing, the Seller shall provide the Buyer with a closing certificate specifying the proposed amount of each component of the Purchase Price indentified in this Section 2.2 prepared in good faith, and prior to closing, Buyer and Seller shall agree on the allocation of the Purchase Price as required by the Internal Revenue Service. 2.3. Deposit. (a) The Buyer, the Seller and the Shareholders acknowledge that the Buyer previously delivered $5,000 (the "Initial Deposit ") to the Broker to demonstrate the Buyer's commitment to the transactions contemplated by this Agreement (the "Transactions "). (b) On or before the third (P) Business Day following the execution and delivery of this Agreement, the Buyer shall deliver, or cause to be delivered, to the Broker an ,5-k.,3 5- additional sum of $11,000 _(such amount, together with the Initial Deposit and all interest and other income earned thereon, the "Deposit "), which amount shall be held and disbursed by the Broker to the Seller at the Closing pursuant to the terms and conditions of this Agreement. The Seller and the Shareholder acknowledge that the Deposit shall be returned to the Buyer by the Broker if the Closing does not occur. 2.4. Allocation of Purchase Price. The Purchase Price shall be allocated among the assets comprising the Purchased Assets as set forth in Bill of Sale to be delivered at the Closing. Buyer and Seller agree that any such allocation is consistent with the requirements of Code § 1060 and to complete and file Internal Revenue Service Form 8594, or a successor form, and any amendments thereto, as and when required by applicable law. ARTICLE III. REPRESENTATIONS AND WARRANTIES; COVENANTS 3.1. Representations and Warranties of the Seller and the Shareholders. Each of the Seller and the Shareholder represent and warrant to Buyer: (a) Organization and Authority. The Seller is a corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Massachusetts. Buyer has full corporate power and authority to execute and deliver this Agreement and each other Transaction Document to which it is a party and to perform its obligations hereunder and thereunder. The execution and delivery by Seller of each Transaction Document to which Seller is a party and the performance by Seller of the Transactions have been duly approved by all requisite corporate action of Seller. Upon the execution and delivery by Seller of each Transaction Document to which the Seller is a party, such Transaction Document shall constitute the valid and legally binding obligation of Seller, enforceable against Seller in accordance with the terms of such Transaction Document, subject to applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors' rights generally. (b) Title to Assets. The Seller has good and marketable title to all of the Purchased Assets to be sold and transferred'by the Seller to the Buyer hereunder, and, except for the security interest in the Purchased Assets by the Bank, which security interest will be released at Closing pursuant to the payment to the Bank of the Payoff Amount pursuant to Section 4.2(g), all such assets are free of any mortgages, pledges, liens, restrictions, security interests and encumbrances ( "Encumbrances "). The Seller is the sole owner of all the Purchased Assets used in the operation of the Business and neither any Shareholder nor any other person, firm or corporation have any interest or rights in respect of the Purchased Assets. (c) Authority. The Seller and the Shareholders have full power to sell and transfer the Purchased Assets to the Buyer pursuant to the terms of this Agreement. (d) No Conflict. Neither the execution and delivery of this Agreement nor the performance of the transactions contemplated hereby shall, directly or indirectly, with or without notice or lapse of time: (i) violate any law to which the Seller or the Shareholders or any Purchased Asset is subject; (ii) violate the Certificate of Incorporation or Bylaws of the Seller; (iii) violate, conflict with, result in a breach of, constitute a default under, result in the 4 6'w3 (a> acceleration of or give any person the right to accelerate the maturity or performance of, or to cancel, terminate, modify or exercise any remedy under, any Purchased Contracts or any contract to which a Purchased Asset is subject; (iv) result in the imposition of any Encumbrance upon any Purchased Asset or (v) conflict with or result in a breach or violation of any of the terms of any agreement, instrument, judgment, order or decree to which Seller or the Shareholders are a party or by which Seller or the Shareholders are bound or constitute a default thereunder. (e) Labor. There are no employment or union contracts or agreements between Seller and any of its employees. (f) Authorization. The execution and delivery of this Agreement by Seller, and the performance by Seller of the transactions contemplated herein, have been duly authorized by the Board of Directors and the Shareholders and will be binding upon Seller and the Shareholders in accordance with its terms. (g) Taxes. The Seller has duly prepared and filed all required federal and state income, Social Security, withholding, sales and unemployment tax returns, and all taxes in respect of said returns have been paid and to the knowledge of either the Seller or the Shareholders, no federal, state or other lien has been filed or threatened in writing against or in respect of the Purchased Assets. (h) Litigation. Except as set forth on Schedule 3.1(i), there is no proceeding pending, or the knowledge of the Seller or the Shareholders, threatened in writing or anticipated against either the Seller or the Shareholders related to or affecting the Purchased Assets or the Business. Except as set forth on Schedule 3.1(i), neither the Seller nor the Shareholders are aware of any basis for any such proceeding. (i) Compliance with Laws; Permits. The Seller is in material compliance with all local, state and federal laws, rules and regulations. All permits, licenses, franchises, approvals, authorizations, registrations, certificates, variances and similar rights obtained, or required to be obtained, from governmental authority ( "Permits ") required for Seller to conduct the Business as currently conducted or for the ownership and use of the Purchased Assets have been obtained by Seller and are valid and in full force and effect. All fees and charges with respect to such Permits as of the date hereof have been paid in full. No event has occurred that, with or without notice or lapse of time or both, would reasonably be expected to result in the revocation, suspension, lapse or limitation of any Permit. 0) Environmental Matters. (i) Compliance and Permits. To Seller's and Shareholders' actual knowledge, Seller is and has been in material compliance with all applicable laws relating to the environment, health or safety, including any law relating to the presence, use, production, generation, handling, management, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control or cleanup of any material, substance or waste limited or regulated by any governmental body (collectively, "Environmental Laws ") and, to the knowledge of the Seller and the Shareholders, there are no circumstances that may prevent or interfere with substantial compliance in the future. 5 ��3 7 Compliance includes possession of, and compliance with, all required permits and other governmental authorizations. The Seller is not party to any consent decree, consent order, or other agreement under any Environmental Law. (ii) Notices. Seller has not received any written communication, whether from a governmental body, citizens group, employee, or otherwise, that alleges (1) that Seller is not or was not in substantial compliance with an Environmental Law, or (2) that Seller is or was potentially responsible for any investigation or cleanup of hazardous substances at the location of its principal,place of business or any adjacent property. (iii) Liability. With respect to the Purchased Assets, to Seller's and Shareholders' knowledge, there is no: (1) environmental liability existing, pending, or threatened in writing, or (2) event, circumstance or condition that could form the basis for any environmental liability, including, but not limited to, the release, discharge or disposal of a hazardous substance at any location or site. Seller has not received any written notice that alleges that Seller's Business located at its principal place of business as currently conducted constitutes a nuisance, and no claim of nuisance has been made with respect to the Business by any adjoining landowner or other party. (k) Premises. The Seller has not been informed in writing by any governmental authority of any contemplated demand or taking with respect to the use of the Business premises. (1) Condition of Assets.—The Purchased Assets are in good condition and are adequate for the uses to which they are being put, and none of such Purchased Assets are in need of maintenance or repairs except for ordinary, routine maintenance and repairs that are not material in nature or cost. 3.2. Representations and Warranties of the Buyer. The Buyer hereby represents and warrants to the Seller as follows: (a) Organization and Authority. Buyer is a limited liability company duly organized, validly existing and in good standing under the laws of the Commonwealth of Massachusetts. Buyer has full limited liability company power and authority to execute and deliver this Agreement and each other Transaction Document to which it is a party and to perform its obligations hereunder and thereunder. The execution and delivery by Buyer of each Transaction Document to which Buyer is a party and the performance by Buyer of the Transactions have been duly approved by all requisite limited liability company action of Buyer. Upon the execution and delivery by Buyer of each Transaction Document to which Buyer is a party, such Transaction Document shall constitute the valid and legally binding obligation of Buyer, enforceable against Buyer in accordance with the terms of such Transaction Document, subject to applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors' rights generally. (b) No Conflicts. Neither the execution and delivery of this Agreement nor the performance of the Transactions shall, directly or indirectly, with or without notice or lapse 6 a,3 9 of time: (i) violate any law to which Buyer is subject; (ii) violate any the Certificate of Formation or Operating Agreement of Buyer; or (iii) violate, conflict with, result in a breach of, constitute a default under, result in the acceleration of or give any Person the right to accelerate the maturity or performance of, or to cancel, terminate, modify or exercise any remedy under, any Contract to which Buyer is a party or by which Buyer is bound or the performance of which is guaranteed by Buyer. Buyer is not required to notify, make any filing with, or obtain any consent of any Person in order to perform the Transactions. (c) Litigation or Court Orders. There is no outstanding order, judgment, injunction, award or decree of any court, governmental or regulatory body or arbitration tribunal against the Buyer and there is no action, suit, claim, arbitration, investigation or other legal proceeding actually filed and served on the Buyer enjoining or prohibiting or seeking to enjoin or prohibit the transactions contemplated hereby, or which would impair the Buyer's ability to consummate the transactions contemplated hereby. 3.3. Covenants. (a) Conduct of Business. Between the date of this Agreement and the Closing Date, the Seller shall maintain its inventory at normal historical business levels and the Seller shall conduct its business only in the ordinary course. The Seller shall use reasonable best efforts to preserve the goodwill of the business and its customers. Seller shall not remove, sell, transfer, lease or assign any of its assets, except merchandise inventory in the ordinary course of business, without the prior written consent of the Buyer. Notwithstanding the foregoing, the Seller shall not be obligated to purchase any additional inventory and Barclift shall no longer be actively involved with the operation of the Business on July 31, 2013 and shall have no obligations under this Section 33(a) after July 31, 2013. (b) Liquor License. As promptly as practicable after the execution and delivery of this Agreement, the Buyer and the Seller shall take whatever actions are necessary or appropriate in order to prepare, file or diligently pursue all authorizations, consents, licenses and approvals required in connection with the approval for the Buyer to obtain a package store license from the Massachusetts Alcoholic Beverages Control Commission (the "Liquor License "). The Seller shall cooperate with the Buyer as necessary in the preparation of this application. The Buyer shall use commercially reasonable efforts to diligently pursue and to obtain the Liquor License as expeditiously as possible. (c) Lease. As promptly as practicable after the execution and delivery of this Agreement, the Buyer and Donovan shall take whatever actions are necessary or appropriate in order to obtain from the lessor of the premises used by the Business a lease (the "Lease ") with conditions acceptable to Buyer regarding the Lease's term, rent and starting date, renovations of Business premises and signage. Donovan shall cooperate with the Buyer as necessary in the attaining the Lease. The Buyer shall use commercially reasonable efforts to diligently pursue and to obtain the Lease as expeditiously as possible. (d) Transition Services. For a period of up to thirty (30) days following the Closing Date, and for a maximum of ten (10) hours during such thirty (30) day period, each of the Shareholders and Barclift, upon the reasonable request of the Buyer, shall cooperate in good faith to sa,39 provide transition services to the Buyer with respect to current business operations, information regarding all vendors of the Business as of the Closing Date, the transition of telephone, electronic mail and other information technology utilized in conduct of the Business, and to provide introductions, as available, to vendors and customers, provided, however, that the Shareholders shall not be required to incur any out -of- pocket expense. (e) Non - Competition Each of the parties acknowledge and agree that this Section 3.3(e) is entered into by the parties in connection with and as a necessary condition to the parties entering into this Agreement and the transactions contemplated hereby. (i) During the period commencing on the Closing Date and ending on the fifth (5th) anniversary of the Closing Date (the "Non- Compete Period "), neither the Seller nor any Shareholder shall, directly or indirectly, own any interest in, manage, control, consult with, contribute to, render services to, engage in, participate in, assist or otherwise further the interests of any Person that competes, directly or indirectly, with the Business in the Restricted Territory ( "Competitor "); provided, however, neither Donovan's ownership and operation of Corporate Wines in Woburn, Massachusetts nor Barclift's non - ownership, ordinary course employment by a Competitor shall be subject to this Section 3.3(e). (ii) The "Restricted Territory" means a five (5) mile radius around the location of the Business at 128 Market Place Shopping Center, One General Way, Reading, MA .01867. (iii) During the Non - Compete Period, the Seller and the Shareholders each agree that they shall not, directly or indirectly contact, approach or solicit for the purpose of offering employment to or hiring (whether any employee, consultant, agent, independent contractor or otherwise) or hire any employee of Buyer. (iv) The Seller and the Shareholders each acknowledge that the time, scope and other provisions of this Section 3.3(e) have been specifically negotiated by sophisticated parties and agree that (i) all such provisions are reasonable under the circumstances of the transactions contemplated by this Agreement, (ii) all such provisions are given as an integral and essential part of the transactions contemplated by this Agreement and (iii) but for the covenants of the Seller and the Shareholders contained in this Section 33(e), Buyer would not have entered into or consummated the transactions contemplated by this Agreement. (v) It is specifically understood and agreed that any breach of the provisions of this Section 3.3(e) by the Seller or any Shareholder shall result in irreparable injury to Buyer, that the remedy at law alone shall be an inadequate remedy for such breach and that, in addition to any other remedy it may have, Buyer shall be entitled to seek to enforce specific performance of this Section 3.3(e) against the Seller or any Shareholder, as applicable, through both temporary and permanent injunctive relief, but without limitation of its right to damages and any and all other remedies available to it, it being understood that injunctive relief is in addition to, and not in lieu of, such other remedies. Notwithstanding the foregoing, Buyer shall give the Seller and each of the Shareholders at least five (5) Business Days prior written notice describing any breach before commencing any proceeding to enforce specific performance of this Section 3.3(e). In the event that any covenant contained in this Section 3.3(e) shall be determined by a court of competent jurisdiction to be unenforceable by reason of its extending 8 s-ayo for too great a period of time or over too great a geographical area or by reason of its being too extensive in any other respect, it shall be interpreted to extend only over the maximum period of time for which it may enforceable and/or over the maximum geographical areas as to which it may be enforceable and/or to the maximum extent in all other respects as to which it may be enforceable, all as determined by such court in such action. (f) Receivables. From and after the Closing, if Seller receives or collects any funds relating to any Purchased Asset, Seller shall remit such funds to Buyer within five (5) Business Days after its receipt thereof. From and after the Closing, if Buyer receives or collects any funds relating to any Excluded Asset, including Accounts Receivable, Buyer shall remit any such funds to Seller within five (5) Business Days after its receipt thereof. In the event Buyer receives payments from customers who owe payment to both Buyer and Seller, any such payments will be applied first to amounts owed to Buyer. ARTICLE IV. CLOSING; CONDITIONS TO CLOSING 4.1. Closing. Subject to the terms and conditions of this Agreement, the closing (the "Closing ") of the Transactions shall take place on the second (2°d) Business Day after all of the conditions to Closing set forth in Section 4.2 and Section 4.3 are either satisfied or waived (other than conditions that, by their nature, are to be satisfied on the Closing Date) or at such other time, date or place as the Seller and the Buyer may mutually agree upon in writing (the "Closing Date "). The parties shall make a diligent effort to effectuate the Closing by September 30, 2013. The sale, assignment, transfer and conveyance to Buyer of the Purchased Assets and the assumption by the Buyer of the Assumed Liabilities shall be deemed effective as of 12:01 a.m. local time on the Closing Date. 4.2. Conditions to Obligations of the Buyer. The obligations of the Buyer to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Buyer's waiver, at or prior to the Closing, of each of the following conditions: (a) The Seller shall have delivered to the Buyer the Bill of Sale in the form substantially attached hereto as Exhibit B. (b) The Seller shall have delivered a duly executed certificate of the Secretary of the Seller, certifying that attached thereto is a true, correct and complete copy of: (i) the organizational documents of the Seller, (ii) written authorization (pursuant to applicable law and Seller's organizational documents) of the performance of the Transactions and the execution and delivery of this Agreement, (iii) a certificate of good standing as of a recent date from the Secretary of the Commonwealth of the Commonwealth of Massachusetts, and (iv) the incumbency and specimen signatures of officers or other authorized persons of the Seller executing this Agreement. 2.2(e). (c) The Seller shall have delivered the closing certificate specified in Section (d) Donovan shall have paid all amounts due to the Landlord pursuant to the 9 �wIo Donovan Lease and the Landlord shall have provided written confirmation to the Buyer of such payment by Donovan; (e) The Buyer shall have successfully negotiated the Lease; (f) The Buyer shall have obtained the Liquor License; (g) The Seller shall have obtained a payoff letter from the Bank pursuant to which the Bank shall, upon payment in full of the amount stated therein (the "Payoff Amount "), file a termination statement of UCC filing number 201191610940, which financing statement was filed with the Massachusetts Secretary of the Commonwealth on November 7, 2011; and (h) The Seller have shall delivered to the Buyer a Certificate of Good Standing and Waiver of Tax Lien from the Commonwealth of Massachusetts Department of Revenue with respect to the Seller. 4.3. Conditions to Obligations of the Seller. The obligations of the Seller to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Seller's waiver, at or prior to the Closing, of each of the following conditions: (a) Buyer shall have delivered a duly executed certificate of the Secretary of the Buyer, certifying that attached thereto is a true, correct and complete copy of: (i) the organizational documents of the Buyer, (ii) written authorization (pursuant to applicable law and Buyer's organizational documents) of the performance of the Transactions and the execution and delivery of this Agreement, (iii) a certificate of good standing as of a recent date from the Secretary of the Commonwealth of the Commonwealth of Massachusetts, and (iv) the incumbency and specimen signatures of officers or other authorized persons of the Seller executing this Agreement; and (b) the Buyer shall deliver the Purchase Price pursuant to Section 2.2, and shall cause the Broker to deliver the Deposit, to the Seller as set forth in Section 2.3. ARTICLE V. INDEMNIFICATION 5.1. Survival. The representations and warranties of the Seller and the Shareholders set forth in Sections 3.1(a) (Organization and Authority), 3.1 (Title to Assets), 3.1(c) (Authority), 3.1 d (No Conflict), 3.1 (Authorization); 3.1(x) (Taxes); 3.1(i) (Environmental Matters) and the representations and warranties of the Buyer set forth in Sections 3.2(a) (Organization and Authority) and 3.2 (No Conflicts) (collectively, the "Fundamental Representations ") shall survive the Closing until the expiration of any applicable statute of limitations. Other than the Fundamental Representations, the representations and warranties of the parties hereto shall survive the Closing until eighteen (18) months after the Closing Date, provided, however, the applicable party shall be liable for any loss, liability expense and/or damage sustained in an action or claim that is commenced, or of which such party is notified in writing of the likelihood of commencement, prior to the date that is eighteen (18) months from the Closing Date even though the final determination of loss is not determined until after that 10 5��/ q date. The covenants of the parties set forth in Section 3.3 shall survive the Closing in accordance with their terms. 5.2. Indemnification by the Seller and the Shareholders. The Seller and each Shareholder agree to indemnify and hold Buyer harmless from and against any loss, liability, expense and/or damage sustained in any action commenced or claim made as a result of the failure of Seller to pay and discharge as and when due, any debt (other than any debt assumed by Buyer), tax, obligation or liability of Seller or Shareholders, or resulting from any misrepresentation breach of warranty or non - fulfillment of any obligation on the part of Seller or Shareholders under this Agreement. Seller and Seller's Shareholders Brett Barclift's and James Danahy's maximum aggregate liability with respect to the matters described in this Section 5.2 shall be limited to an amount equal to the 10% of the Purchase Price, and Shareholder Peter J. Donovan's maximum liability with respect to the matters described in this Section 5.2 shall not be limited. 5.3. Indemnification by the Buyer. Buyer agrees to indemnify and hold Seller and each Shareholder harmless against any loss liability and/or damage sustained, including reasonable attorney fees in any action commenced, or levy made by a third party as a result of the failure of the Buyer to pay and discharge as and when due any debt, tax obligation or liability of the Seller assumed by the Buyer hereunder or resulting from any misrepresentations, breach of warranty or non - fulfillment of any obligation or liability of Buyer under this Agreement. Buyer's maximum aggregate liability with respect to the matters described in this Section 5.3 shall be limited to an amount equal to the Deposit. ARTICLE VI. TERMINATION 6.1. Termination. This Agreement may be terminated at any time prior to the Closing: (a) by the mutual written consent of Seller and Buyer; (b) by Buyer by written notice to Seller if: (i) Buyer is not then in material breach of any provision of this Agreement and there has been a material breach, inaccuracy in or failure to perform any representation, warranty, covenant or agreement made by Seller pursuant to this Agreement that would give rise to the failure of any of the conditions specified in Article IV and such breach, inaccuracy or failure cannot be cured by Seller by November 1, 2013 (the "Drop Dead Date "); or (ii) any of the conditions set forth in Section 4.2 shall not have been fulfilled by the Drop Dead Date, unless such failure shall be due to the failure of Buyer to perform or comply with any of the covenants, agreements or conditions hereof to be performed or complied with by it prior to the Closing. (c) by Seller by written notice to Buyer if: 11 5G,Y3 (i) Seller is not then in material breach of any provision of this Agreement and there has been a material breach, inaccuracy in or failure to perform any representation, warranty, covenant or agreement made by Buyer pursuant to this Agreement that would give rise to the failure of any of the conditions specified in Article IV and such breach, inaccuracy or failure cannot be cured by Buyer by the Drop Dead Date; or (ii) any of the conditions set forth in Section 4.3 shall not have been fulfilled by the Drop Dead Date, unless such failure shall be due to the failure of Seller to perform or comply with any of the covenants, agreements or conditions hereof to be performed or complied with by it prior to the Closing or unless Buyer is continuing to make a reasonable effort to negotiate the Lease and obtain the Liquor License and such obligations have not been completed. 6.2. Termination Fee. (a) If the Seller terminates this Agreement pursuant to Section 6.1(c), the parties agree that the Seller shall have suffered a loss and value to the Business of an incalculable nature and amount, unrecoverable in law, and the Buyer shall pay to the Seller a fee in the amount of the Deposit (the "Termination Fee "), it being understood that in no event shall the Buyer be required to pay the Termination Fee on more than one occasion. The Termination Fee shall be payable no later than ten (10) Business Days after such termination. (b) Notwithstanding anything to the contrary in this Agreement, the Seller's right to receive payment of the Termination Fee pursuant to this Section 6.2, shall be the sole and exclusive remedy of the Seller against the Buyer for any and all losses that may be suffered based upon, resulting from or arising out of the circumstances that give rise to such termination. Upon payment of the Termination Fee, the buyer shall have no further liability or obligation relating to or arising out of this Agreement or the Transactions. 6.3. Effect of Termination. In the event of the termination of this Agreement in accordance with this Article, this Agreement shall forthwith become void and there shall be no liability on the part of any party hereto except: (a) As set forth in this Article VI and Article VII hereof; and (b) That nothing herein shall relieve any party hereto from liability for any intentional breach of any provision hereof. ARTICLE VII. MISCELLANEOUS 7.1. Expenses. The Seller, each Shareholder and Buyer each shall, whether or not the transactions contemplated by this Agreement are consummated, pay their own respective legal fees and other expenses incurred in connection with the proposed transaction. 7.2. Brokers. Except for Squizzero & Associates, LLC, whose fees of $20,800 shall be paid by the Seller, each party represents and warrants to the other that there is no broker or finder retained by such party in connection with the transaction contemplated by this 12 Agreement. Each party agrees to indemnify and hold the other harmless from and against all liabilities or claims (including, without limitation, cost of attorneys' fees in connection therewith) which may be asserted against the other by reason of a claim for compensation by any person, firm or corporation introduced by the indemnifying party in connection with the transactions contemplated hereunder. 7.3. Further Assurances. Each party shall from time to time at the request of any other party hereto, and without further consideration, execute and deliver to such other party such further documents and instruments of assignment, transfer, conveyance and confirmation, and take such other action as such party may reasonably request, to effectuate the purposes of this Agreement. 7.4. No Waiver. Failure to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver of such terms and conditions, nor shall any waiver or relinquishment of any right or power at any other time or times, absent written notice to such effect delivered by the appropriate party to the other party or parties. 7.5. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable but the extent of the invalidity or unenforceability does not destroy the basis of the bargain among the parties as contained herein, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. 7.6. Notices. All notices, requests, demands and other communications hereunder shall be deemed to have been duly given if in writing and sent by certified or registered mail, postage pre -paid, to the appropriate address indicated below or such other address as may be given in a notice sent to all parties hereto: If to Seller or Donovan CW I, Ltd. 16A Cummings Park Woburn, MA Fax: (781) 933 -9465 Phone: (781) 572 -6153 Attn: Brett Barclift, President Peter J. Donovan If to Barclift: 5710 Steams Hill Road Waltham, MA 02451 Fax: [ Phone: [ Attn: Brett Barclift With a copy to (which shall not constitute notice): Murtha Cullina LLP 99 High Street 20'' Floor Boston, MA 02110 Fax: (617) 482 -3868 Phone:. (617) 457 -4078 Attn: Michael P. Connolly, Esq. With a copy to (which shall not constitute notice): Murtha Cullina LLP 99 High Street 20`h Floor Boston, MA 02110 Fax: (617) 482 -3868 13 S�-y� If to Buyer: Kajal and Kevin, LLC 27 Christopher Drive Methuen, MA 01844 Fax: [ ] Phone: [ ] Attn: Jasmin Patel, Manager Phone: (617) 457 -4078 Attn: Michael P. Connolly, Esq. With a copy to (which shall not constitute notice): George A. Perry, Esq. Wellesley Office Park 80 William Street, Suite 200 Wellesley, MA 02481 -3705 Fax: (617) 965 -3464 Phone: (617) 320 -8018 7.7. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. 7.8. Entire Agreement. This Agreement contains the entire understanding among the parties and supersedes any prior understandings or agreements among them affecting the subject matter hereof. No changes, alterations, amendments, modifications, additions or qualifications to the terms of this Agreement shall be made or be binding unless made in writing and signed by Buyer, the Seller, and the Shareholder. 7.9. Successors and Assigns; No Third -Party Beneficiaries. This Agreement shall be binding upon, and inure to the benefit of, the parties, their heirs, legal representatives, successors and permitted assigns. No party may assign, delegate or otherwise transfer (whether by operation of law or otherwise) any of its rights, interests or obligations under this Agreement without the prior written consent of each other party. This Agreement does not confer any rights or remedies upon any Person (including any employee of the Seller or the Buyer) other than the parties, their respective successors and permitted assigns and, as expressly set forth in this Agreement, any indemnified party. 7.10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. Transmission of images of signed signature pages by facsimile, e-mail, or. other electronic means shall have the same effect as the delivery of manually signed documents in person. 7.11. Headings, Schedules; Interpretation. Each Schedule referred to herein is incorporated into this Agreement. The article and section headings in this Agreement are inserted for convenience only and are not intended to affect the interpretation of this Agreement. The word "including" in this Agreement means "including, without limitation." This Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision in this Agreement. The word "or" in this Agreement is disjunctive but not necessarily exclusive. All words in this Agreement shall be construed to be of such gender or number as the circumstances 14 S Qi V 4 require. In interpreting and enforcing this Agreement, each representation and warranty shall be given independent significance of fact and shall not be deemed superseded or modified by any other such representation or warranty. As used in this Agreement, the phrase "to the knowledge of Seller" or any similar phrase shall mean the actual knowledge and the knowledge that would be expected to be obtained after due inquiry concerning the matter at issue of the Shareholder. [SIGNATURE PAGE FOLLOWS] 15 S�� y 7 IN WITNESS WHEREOF, the parties have. signed this Asset Purchase Agreement as of the date first above written. SELLER: CW I, LTD. By: Brett Baralit President SHAREHOLDERS: kl� Breit Baraa 4egterJ. Donovan m "g, 11-114 1 Patel, Manager [Asset Purchase Agreement — Signature Page] says Schedule 1.1(b) Fixtures, Machinery, Equipment, Furniture and Supplies Black Wall Shelving - 14 Sections Large Wooden Wine Boat - 3 S rial Wooden Wine Rack - 1 Wooden End Cap Wine Rack - 28 Tall Wooden Wall Rack - 2 Stand Alone Metal Racks - 2 Wine Display Barrels - 2 Wine Display Half Barrels - 3 Wooden Bookcase Beer Display - 1 POS system with two computers Three Door Refrid erator - 1 Two Door Refrid erator - 1 One desk One four draw vertical file cabinet Schedule 3.1(i) Litigation 1. The premises upon which the Business operates are leased pursuant to a Lease by and between Donovan d/b /a Wine Bunker and Danis Reading LLC (the "Landlord ") dated February 2012 (the "Donovan Lease "). Neither the Seller nor Barclift are party to the Donovan Lease. The Landlord sent Donovan a Notice to Quit/Notice of Termination of Commercial Lease on May 7, 2013 demanding payment of rent arrearage in the amount of $35,676.12 and payment of $6,334.74 for common area maintenance. sue° EXHIBIT A Escrow Agreement CW I, LTD. ( "SELLER ") 16A Cummings Park, Woburn, MA 01801 Kajal and Kevin LLC ( "BUYER ") 27 Christopher Drive, Methuen, MA 01844 The Wine Bunker ( "BUSINESS ") 128 Market Place Shopping Center, One General Way, Reading, MA 01867 George A. Perry, Esq. ( "ESCROW AGENT") Wellesley Office Park, 80 William Street, Suite 200, Wellesley, MA 02481 -3705 WHEREAS, 1. The Seller is selling the Business to the Buyer. 2. The closing for the Business is taking place on this date. 3. The Buyer and Seller have requested that the Escrow Agent hold funds in escrow to pay any claims of creditors of the Business arising prior to this date. THEREFORE, A. The Buyer and Seller agree that the Escrow Agent shall hold funds ( "Escrow Funds ") from the closing in the amount of $10,000.00. B. 1. If, during the escrow period the Buyer receives any written claim for payment from creditors of the Business based upon Seller's operation of the Business, Buyer shall present such claim to Seller with a copy to the Escrow Agent. The Escrow Period shall be forty -five (45) days in length beginning on this date. On or before the last day of the Escrow Period, Buyer and Seller shall deliver to the Escrow Agent instructions with respect to the payment of any such claims. If the Buyer and Seller agree upon payment of such claims, the Escrow Agent shall disburse the Escrow Funds to pay such claims, and pay any remaining balance to the Seller. (1 of 2) 2. If the Seller disputes any such claims, the Escrow Agent shall continue to hold funds sufficient to pay such disputed claims (or the balance of the Escrow Funds, if the amount held in escrow is insufficient to pay such claims in full) pending receipt of a) instructions mutually given by Buyer and Seller or b) the judgment of a court of law which has ruled upon such claim. ESCROW AGREEMENT - continued C. The acceptance by the Escrow Agent of its duties as such under this Escrow Agreement is subject to the following terms and conditions, which all parties to this Escrow Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of the Escrow Agent: i) The Escrow Agent is not a party to nor bound by, any agreement arising out of the foregoing instructions, other than as expressly set forth. ii) The Escrow Agent shall be protected in acting upon any written notice or any other paper which the Escrow Agent believes in good faith to be genuine and what it purports to be. iii) The Escrow Agent shall not be liable for any error of judgment or for any mistake or for anything which it may do or refrain from doing in connection with this Agreement, except its own negligence or misconduct. iv) The Escrow Agent may consult with and obtain the advice from legal counsel in the event of any dispute or question as to the construction of any of the provisions of this Agreement or its duties under this Agreement. The Escrow Agent shall incur no liability and shall be fully protected in acting in good faith in accordance with the opinion and instructions of such counsel. v) Buyer and Seller, jointly and severally agree to indemnify and hold Escrow Agent harmless from and against any losses, claims or expenses incurred by reason of Escrow Agent's performance under this Agreement or arising out of breach of any representation by any party regarding transfer of the Business. Executed under seal this day of 2013. Buyer Seller Escrow Agent (2 of 2) 2 ��Z F,XATBIT R Sill Of Sale 1. CW I, LTD., 16A Cummings Park, Woburn, MA 01801 is the seller ( "Seller "). 2. Kajal and Kevin LLC, 27 Christopher Drive, Methuen, MA 01844 is the buyer ('Buyer ") 3. The Seller hereby sells to the Buyer substantially all the assets of The Wine Bunker (the "Business ") located at 128 Market Place Shopping Center, One General Way, Reading, MA 01867, including: a. the equipment, furniture and fixtures listed on the attached Exhibit A, b. all supplies of the Business, c. the inventory of the Business selected by the Buyer, d. the right to use the trade name "The Wine Bunker ", e. the customer list and vendor list of the Business, f. the liquor license of the Business, g. the telephone numbers of the Business, h. all good will of the Business. 4. The Seller shall retain the following assets which are excluded from this sale: a. all of Seller's Business bank accounts and cash on hand, b. all of Seller's prepaid fees and deposits for utility services, insurance, licenses and other such fees and deposits, C. all inventory of the Business not selected by Buyer. 5. Consideration for this sale is $260,000.00, plus the cost of inventory in the amount of $ . Seller acknowledges that Buyer has paid Seller in full. 6. The purchase price is allocated as follows: a. equipment, furniture and fixtures b. inventory C. covenant not to compete d. good will e. (other) Total 7. The Seller warrants that a. Seller is the lawful owner of all assets of the Business, free and dear of all liens, security agreements, encumbrances, claims, demands and charges of every kind. b. Seller will defend title to the Business on behalf of Buyer against every person claiming the Business or any part of it. (1 of 2) S�,s3 BILL OF SALE - continued a. Seller will remain liable for payment of any taxes and any other obligations owed by the Seller pursuant to Seller's operation of the Business. SELLER: CW I, LTD. by Brett Barclift, President SEEN AND AGREED TO: BUYER: Kajal and Kevin LLC by Jasmin Patel, Manager Peter Donovan hereby releases to the Buyer any ownership interest in the Business he may have. Date: (2 of 2) , 2013 O� OF R�qO' Office of the Town Manager 16 Lowell Street ,sJ9r IscORPOpP� Reading, MA 01867 To: Board of Selectmen 781 - 942 -9043 townmanager@ci.reading.ma.us www.read!ngma.gov /town /town - manager From: Bob LeLacheur Date: October 31, 2013 RE: Used Car sales We have a brief agenda topic scheduled for 7:45pm next week "Consideration of Class 2 MV license ". John and Kathy Durant visited me earlier in the fall with an interest in opening a very small used car business at 360 Main Street, which requires a Class II license. The authority to grant that license rests with the Town Manager as delegated by the Board. The Durants are retired and intend to operate more as a hobby, and have one or two cars on the lot at a time in existing spaces on the lot. No changes to the building structure or the lot are proposed at this time. Within the past year another applicant was in front of the Board for a Class II license at 431 Main Street. Attorney Bill Crowley will appear to give the Board an update on the application process for Reading Petroleum. This car business will supplement the gas station business, and allow up to eight cars at one time. The two cases are quite different because of our underlying Zoning. 360 Main Street • Located in 'Business A' Zoning District which allows the sale of new or used'cars by right. • Open Storage is allowed as an Accessory Use to a Principle Use, by Special Permit from the CPDC (open storage for the outdoor sales of vehicles). • CPDC Site Plan Review (SPR): Based on preliminary information it does not appear to trigger SPR thresholds. However, this will be evaluated further upon receipt of additional information. • Signage: Simply needs to conform to the Site Bylaw and obtain a Sign Permit. At this time, it spears that the applicant will need to apply for a Special Permit from CPDC for the Open Storage. If Site Plan review is triggered, after further review this can be handled simultaneously with CPDC. It is therefore my hope that the Durants will simply submit a formal s]D i application to my office, at which point a variety of requirements will be discussed that will involve Public Safety and Community Services (Conservation has already signed off). Once the application is deemed complete and in compliance, my Office would issue the Class II license. 431 Main Street • Located in a 'Business B' Zoning District which allows the sale of new or used cars by right. • Open Storage is NOT an allowed use and therefore must seek relief from zoning with the ZBA. They are on the agenda on November 71n • CPDC Site Plan Review (SPR): Based on preliminary information it does not appear to trigger SPR thresholds. However this will be evaluated further upon receipt of additional information. • Signage: A Certificate of Appropriateness is required from the CPDC because the property is located in a Business B Zoning District. I thought it would be helpful for the Board to see these two examples for a couple of reasons. First, the Board through the Town Manager may express their opinions on conditions the Town has historically imposed on Class II license holders, such as the amount of cars allowed and how they will be located on the lot. Second, in light of the Zoning Advisory Committee's work I thought a real life example of the nuances of Zoning might be beneficial for the Board to see first -hand, and both applicants graciously agreed to appear even though this is not a formal Hearing and no decisions will be rendered. Please note that there are two more related issues that loom on the horizon — CORI checks as required one year ago for the first time, but then given a one -year waiver by the Board, and the newly enacted fingerprinting requirements. I plan to have a further conversation with the Police Chief and his staff about each before commenting further. These Class II licenses are scheduled to be renewed at a December Board meeting. Following is a list of attachments as background for the Board: 1) Zoning map with two properties (A is 360 Main; B is 431 Main) identified (1 page) 2) Licensing background — local (3 pages) 3) Licensing background — state (6 pages) 4) Reading Petroleum application to ZBA (8 pages) 5) Sample letter from last year on CORI checks (1 page) ,Sb 2 Town of Reading October 30, 2013 �� �� #•+ � a s �6::6Y:.. �• :�.7i*. ;' ," � ;A.r� `��ua m T yyy .ii�: •3i � �. :fit ,�, ', a,�:r J. K�`::^:itE�• ,,a�act =� .:x�:.::,;... a�� arc . ;o '�. '� s a r a� ,+ nl '�,� i�"* "~/`y i�: � a r' •.•�.�`•ri... . z 5 .H.- rh i � ra's •'�` i ,� , ,, r-- f •` �. F F �. � ^3�;y �•� � 'YC::�:y:.�, � - � .. � :t i�� �,�" r .'.." T' "f' r �Y 1z ; �}��,�ea RraYjt °err. Atr w- _ 1Iy f` yOS- s4 ar k °.dd- 1 t r+ fir•• 14 r, `R `. Vu S .i * rye:.,.. . - Yx: '� a► c a t t," �- - ,.4�' • yes ���. r7 •. d .7•. w . X .AF�,, Oil s� �IPR 4 c. U � • e 1" = 392 ft ' �` ,e �,i..,��•1 1" 1; Property Information Property ID 017.0- 0000 - 0020.0 Location 360 MAIN ST Owner ARGEROS NICHOLAS D TRUSTE MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated 1/1/2011 NORTH READING 28 WOBURN 12 WAKEFIELD STONEHAM IM9 3.1.5 — Con 'tio os' n Licenses The T may place reasonable conditions on the >issu a of any license issued pursuant t hes olicies to provide for public safety, health and the promotion of public o er. 3.1.6 - Delegation to the Town Manager the Authority to issue Certain Licenses The Board of Selectmen may, annually, delegate to the Town Manager the authority to issue and renew any or all licenses covered by this policy, except for the issuance and annual renewal of liquor licenses. When the Board of Selectmen chooses to delegate this authority, the Board of Selectmen will be notified of the granting and/or renewal of such licenses at their next regular meeting following the issuance or renewal. Prior to approving a renewal, the Town Manager will make certain that all conditions of the license have been met, and that all other appropri ate measures are complied with to ensure that the licensee is in compliance with all bylaws, rules, regulations and practices of the Town of Reading. If an issue has been raised by the Board of Selectmen regarding the issuance or renewal of a license, the Town Manager shall not issue or renew the license but it shall be referred back to the Board of Selectmen for their review and action. 3..7 — Sus ension Modification or Revocation of Licenses The Town may suspend, modify or revoke any license issued under these olicies for failui to meet any of the requirements of these policies, or failure to meet any c ditions placed on the 'cense. The licensee is entitled to due process as provided by law, ch may include written n1atice of any violation and a hearing. Adopted 10- 7 -86, Revised I2- 13 -94, Revised I2 -5 -95, Revised 5 -25 -04 O1MUVU .7 ­4 — i.n a yr i.ievuac rviier This policy all apply to all premi/own r the sale and/or consumption of alcoholic beverages an the issuance of all Sby the Licensing Authority (Board of Selectmen) pursuant t its authority as ththority of the Town of Reading as determined by the Reading ome Rule Charading Bylaws, and the laws, rules and regulations of the Commo ealth of Mas The following chart license: portion of these regulations applies to which type of Category 3. 1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 Retail Package Goods Stor icense for All Kinds of Alcoh Beverages o X X not to be Drunk on remises o Expose, Keep All Kinds of X X X s to be Drunk L Zemises 3 - 2 Board o ect nen Policies S6q Section 3.4 - Issuance of Class I, H and III Motor Vehicle Licenses Chapter 140, Sections 57 -69 of the Laws of the Commonwealth, provide for the regulation of Class I, II and III licenses for the sale of motor vehicles. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and riling upon applications for Class I, II and III Motor Vehicle Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of Selectmen a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and II Licenses, all the requirements of Chapter 90, Section 7N '/4 and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building/Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class I, II or III Motor Vehicle Licenses unless the Board of Selectmen shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit: ♦ The maximum number of vehicles offered to be sold at any one time shall be established. ♦ The location of vehicle(s) to be sold will be specifically stated. 3 - 15 Board of Selectmen Policies / ♦ The location of the repair facility will be specifically stated. ♦ There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other consumer information to be attached to the vehicle in a manner so as not to detract from the general appearance of the site. Adopted 12- 13 -94, Revised 5 -25 -44 3.5 - Issu This Section shall be known as the "Town of Reading Rules and Ord s for the Regul on of Carriages and Vehicles Used in the Town of Reading, promulgat pursuant to G.L.C. % Sec. 22 ". 3.5.1- A li bilitv of Rules and Orders Vehicle for hire including taxicabs and liveries (herein er referred to as "vehicles ") operating or cans to be operated by non-governmental entitie or the transportation of persons from place to place ithin the Town, or from a point in the own to another location outside the Town, other than over ular routes or between fixed to ini, shall be subject to these rules and orders to the extent urovi d below. 3.5.1.2 - Definition of Livery Livery shall mean a p: limousines which are used for fiinerals, celebrations or school , 3.5.2 - License 3.5.2.1 - License Required No vehicle shall be dri a license first having been obi shall require a separate lice96c, 3.5.2.2 - Application vehicle censed as such, including but not limited to, 'range trips for particular occasions such as weddings, operated or caused to a operated as a vehicle for hire without I for that vehicle from t1w Board of Selectmen. Each vehicle Applicationyfor a license shall be made in writing to the Bo of Selectmen and shall provide the follo g information: 1. /esses and address of the applicant, if an individual; or if a core ation, the name, orporation, address of its principal place of business and then and address ers; or if a partnership, association or unincorporated company, the mes and of the partners or associates and the addres s of its principal place of busin 2. ed place of business within the Town of Reading. 3. of the manager or principal representative. 4. Proposed hours of operation, description of proposed vehicle including the make, model, Vehicle Identification Number and age of the vehicle. 3-16 Board of Selectmen Policies r THE .COMMONWEALTH OF MASSACHUSETTS — 7-1-5 APPLICATION FOR A -LICENSE TO BUY, SELL, EXCHANGE - OR ASSEMBLE SECOND HAND MOTOR VEHICLES OR PARTS THEREOF I, the undersigned, duly authorized by the concern herein. mentioned, hereby apply for a ............... class license, to Buy, Sell, Exchange or Assemble second hand motor vehicles 'or parts thereof, in accordance with the provisions of Chapter 140 of the General Laws. 1. -'What is the name of the concern? ...... .............. Business address of concern. No.......... ............................... ........St., ........... .. ................ ............................... .City — Town. 2. Is the above concern an individual; co- partnership, an association or a corporation? ............... ................. .......................... ............................... ... .... 3. * If an individual, state full name and residential address. C�....................... .......... ................... ......... .,................ 4. If a co- partnership, state full names and residential addresses of the persgns composing it. S. If an association or a corporation, state full names and residential -addresses of the principal officers. President............. .. ........ ............................... ........ Secretary...................... .......................... 'Treasurer ........ .................................................. 6. Are' you engaged principally in the business of buying, selling or exchanging motor vehicles? ....... If so, is your principal business the sale of new motor vehicles? ..................... . ............... Is your principal business the buying and selling of second hand motor vehicles? ... ....• ................. . Js your principal business that of a motor vehicle junk dealer? ....... ............................... 7. Give a complete description of all the premises to be used for the purpose of carrying on the business. .................... ..... ............... .................... ........ .... ................... ............................... .............._ 8. Are you a recognized agent of a motor vehicle manufacturer? ....... .................. . (Yes or No) Ifso, state name of manufacturer ............. ........... ............................... . ..................................:.................... ............................... 9. Have you a signed contract as required by Section 58, Class 1? ........ .......... . (Yes or Noj 10. Have you ever applied for a• license to deal in .second hand motor vehicles or parts thereof? .......... (Yes' or No) Ifso, •iri. what city -- town ............................... ............................... . Did you receive a license? ........ ........ For what year? ............... • (Yes or Noj I L . Has any license issued to you in Massachusetts or any other state to deal in motor vehicles or parts thereof ever been suspended or revoked? ....... ... ... . • (Ya as Noj. ... .......................... . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \� ! ............................................................. ......................... ..................................................... ............................... ..................................................... ............................... Sign your name in full .... . .. ..... .... .. .. . Wuty auOwrtud to reyresext tlu coaeerx lure;. marooned) Residence............................ ....... FID' .................... IMPORTANT EVERY QUESTION' MUST BE ANSWERED WITH FULL INFORMATION; AND ' FALSE STATEMENTS HEREIN. MAY RESULT IN THE REJECTION OF YOUR APPLICATION OR -THE. SUBSEQUENT REVOCATION •' OF YOUR. LICENSE. IF ISSUED. NoTE: If the applicant has not held a license in the year prior'to this. application, he must file a duplicate of the application with the registrar. (See Sec. 59) . S68 APPLICANT WILL NOT FILL THE FOLLOWING BLANKS Application after investigation ...... .. ... ..... . . • (dppzoved or Disappro►eglj License No. ....... granted . . ..................19 .... Fee $ ................ Signed ........ ............................... CHAPTER 140 OF THE GENERAL LAWS, TER. ED., WITH AMENDMENTS THERETO (EXTRACT) SECTION 57. No person, except one whose principal business is the manufacture and sale of new motor vehicles - but who incidentally .acquires and sells second hand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but-who incidentally acquires and sells second hand vehicles, shall engage in the business of buying, selling, exchanging. or assembling second hand motor vehicles or parts thereof without securing a license as provided in section fifty -nine. This section shall apply to any person engaged U1 the business of conducting auctions for the sale of motor vehicles. SECTION 58. Licenses granted under the following section shall be classified as follows: Class 1. Any person who is a recognized agent of • a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose' authority to sell- the same is created by a written contract with such. manufacturer or with some person:'authot.ized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license; provided, that with respect to second hand motor vehicles purchased for the purpose of sale or exchange and not taken in trade. for new motor vehicles, such dealer shall be subject to all provisions of this chapter and. of rules and regulations made in accordance therewith applicable to holders of licenses of class 2. Class 2- Any person whose principal business is the buying or selling of second hand motor vehicles may be granted a used car dealer's license. Class 3. Any person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same; or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts, may be granted a motor vehicle junk license. SECTION 59. The police commissioner -an Roston and the licensing authorities in other cities and towns may crane liven :es under this section which shall expire. on January first . following the date 'of issue unless sooner revoked. The. fees for the licenses shall be fixed by the licensing board or officer. but in no case shall exceed 511111. dollars application for license shall be made in such form as shall be approved by the registrar of motor vehicles, -in sections fift.- -nine to si%ty -six, inclusive. called the registrar. and if the applicant has not held a.lfcense in the.cear prior to such application, such application shall be trade -in di+splicate, which duplicate shall be filed with the registrar. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information "which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty -tight in the clas$ifieations for which he I as applied, that said•business' is or Kill be his principal business, and that he has aQaidle a place of business suitable for -the purpose.- The license. shall specify all the premises to be occupied. by tlge licensee for the purpose of earn on the licensed' business. Permits for a chance of situation of the licensed premises or for addition thereto may be granted at any time by the licensing board or officer is writing, a copy of which shall be attached to eke license. Cities and towns by ordinance or by -late may regulate the situation of the premises of licensees •within class .3 as defined in section fifty - eight. and all licenses and permits issued hereunder to persons tthin said class 3 shall be subject to' the provisions of ordinances and by -laws which arc hereby authorized. to be ptade. No license or permit shall be issued hereunder to a person within said class 3 until after a hearing, of which seven da)-s' notice shall. have been given to the owners of property abutting on the premises. where such :icense or permit.is proposed to be exercised. All licenses granted under this section shall be revoked by the licensing board or officer if it appears, after hearing. that the licensee is nat complying with sections fifty -seven to sixty -nine, inclusive, or the rules and regulations made thereunder; and no new license shall be granted to such person thereafter, nor to any person for use on the same premises, witboyt the approval of the registrar. The hearing may be dispensed with if the registrar notifies the licensing board or officer that a- licensee is not 3o'complying.. Any person aggrieved by any ,16-n of the licensme beard or officer :efnsine }o grant. or revoking a license for-any cause may, within_ ten days after such action. appeal therefrom to any justice of the superior court In the county in which the premises sought to be occupied under the license or permit applied for Are located. The. justice shall, after such notice to the Parties as he deems reasonable, give a summary hearing on such appeal, and shall have jurisdiction in eduity to review all questions of fact or law and way affirm or reverse the-decision of the board or officer and may make any appropriate decree. The decision of the justice shall,bc final. JOI101 at tlawb. l.ntlr 1 L71X 1°iV Af Q nLtps: / /maiegisiature.gOV /LAWS /ueneralLaWS /1-ar i/ 1 HIeAAit- napLer14U/ t pp THE 100 ' GENERAL COURT OF THE COMMONWEALTH OF MASSACHUSETTS Massachusetts Laws Bills State Budget People Committees Educate & Engage Home Bills 8 Laws Laws General Laws PART I TITLE XX CHAPTER 140 Massachusetts Laws Massachusetts Constitution General Laws Rules Session Laws General Laws PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Home Glossary FAQs site search Options . Events MyLegislature Section 1 "Licensing authorities' defined Section 2 Issuance of license to be innholders or common victuallers, signing, ref al: fee, record penalty ction 3 Content of innholders licenses. governing statutes Sec on 4 Contents generally, coverage, term Sectio S Food and accommodations, availability Section 6 Conditions precedent., proposed plans, cost estim es., license as victualler or innholder Section 6A Repealed. 1941. 439, Sec 2 Section 6B Food allergy awareness Section 7 efusing to provide for travelers Section 8 Re sled, 1975, 256. Sec. 1 Section 9 Suspe ion: revocation, forfeiture Section 9A Keeping o remises open thro hout year Section 10 Liability for to of property Section 11 Fire or overwhel ing to e: liability Section 12 Fraudulently procur food, accommodations or credit. removal of property covered by lien -, evidence Section 12A 'Hotel" defin d for Secs 1 B to 12D Section 12B Remov of guest from hotel Section 12C Ref al of accommodation in hot to persons acting in disorderly manner damage deposits Section 12D rsons negligently or intentionally c sing damage to hotel: liability Section 13 Posting of statutory provisions Section 14 Sale of guests property notice Section 16 Disposition of proceeds Section 16 Sale proceeds payment to owner by state treasurer Section 17 Loss by guest: negligence and violation of regulations as fence Section 1 Signs, penalty for failure to have sign Section 9 Summary of laws for authorities and licensees Sectio 20 Unlicensed innholders or victuallers Se ion 21 Third convictions S, ction 21A City and town licenses for sale of certain non - intoxicating beverages: retail sa Section 21B Contents: coverage: expiration. fee, suspension, revocation Section 21C Unlicensed business -. penalties Print Page PREv NrXT PPEV NEXT PREV NEXT 561L9 I OPI L /101 1 A-111 AAA ,jcirciar L awa. %,nrAr f rtx li tv Section 46A Section 46B Section 46C ction 46D Secti 46E Section 6F Section 4 Section 46H Section 461 Section 46J Section 46K Section 46L Section 46M Section 46N Section 460 Section 46P Section 46Q Section 46R Section 47 Section 48 Section 49 Section 50 Section 60A /Section 3 A 5 Section 56A Section 57 Section 58 Section 59 Section 59A Section 60 Section 61 Section 62 Section 63 Section 64 Section 65 Section 66 Section 67 Section 67A l of() ntips://maiegisiamre.gOV/ Laws /ueneralLaws /rarti/ i mexx/c;napter i 4u/ Definitions Licensing of employment agency necessity: posting governing pro ' ions Application for license Investigation of applicants; hearing, grant or denial of lice e, duration of license: prohibited locations Assignment or transfer of license locations: numb of licenses Fees.. bond Claims or suits against licensee Register, contents record of receipts d income charges: monthly reports to commissioner Information furnished to applicant f employment: copy of contract: receipt for charges List of emigrant agents. necess of license transportation of applicants for employment . lodging and meals, statemen o prospective employee rohibited activities or co uct Fe restrictions on c rge or acceptance Recei of fees or p ments contrary to Sec 46L, return Contract b twee prospective employee and agency Refunds by a loyment agencies: conditions. reduction of fees, restriction on deductions from wages Posting o copy of cs 46A to 460 Inspec on of premises nd books. rules and regulations, procedure upon complaint against licen e: suspension or vocation of licenses P allies offee and tea houses Repealed, 1937, 342, Sec, 2 Lunch carts Lunch carts, fee of highway not owned b town Repealed. 1931. 173 Facial and scalp massage bath houses Massage or baths. inspection Massage or baths. penalty Junk dealers Automobile graveyards Junk dealers, penalty. exceptions Junk collector defined Shooting galleries Sale of second hand vehicles, necessity of license.. exceptions: auctions. reports Classes Licensing authorities, expiration: fees, application, prerequisites premises, ordinance regulations, revocation notice Motor vehicle junkyards. requirements Registrars rules and regulations Repealed, 1996. 429 Record book: contents Repealed, 1977, 553 Repealed. 1996, 429 Repealed, 1961, 45.. Sec. 2 Entering premises, investigation: examination of vehicles, parts, books, papers and inventories Obstruction of entrance or examination by officers. refusal to exhibit items demanded Junked motor vehicles. registration and identification plates removal and forwarding to registrar, penalty S 01 10/10/101 2 A -1 1 PAA JGttGrat t_.aws: t r_1tXr 1 Cm trill ntTps:iimaiegisiature.gOV /Laws /tjeneralLawsirarti/ i itieAA/Cnapter14U/ I -IF O 1 0111 AI'I A -11 DNA w �b Section 68 Section 69 Unlicensed business Violation of statutes. rules or regulations i Section 70 Licensing of pawnbrokers governing statutes. revocation Section 71 Retention of articles, sale, disposition of proceeds: notice. other disposition, personal apparel Section 72 Interest rate, penalty Section 73 Entry upon premises, investigation, examination of articles, books and inventories t Section 74 Obstruction of entrance or examination by officer, failure to exhibit items demanded Section 75 Unlicensed business i Section 76 Loans on personal property: purchases on condition of reselling, exceptions Section 77 Fee: bond Section 78 Regulations: interest rate t Section 79 Record book information furnished to authorities 1 Section 80 Memorandum for pawner, charge Section 81 Inspection of books Section 82 Penalty Section 82A Violations of Sec 79. liability of pawnbroker s t Section 83 Tools: purchase or pawn, record book, signature of seller or pawner Section 84 Nkong name or address of seller or pawner Section 85 Statutes not applicable Section 86 Household. personal use or ornament articles as security or purchased on condition of f reselling or redemption . record book, memorandum for borrower Section 87 Inspection of record book exhibition of property Section 88 Stolen articles detention, producing in court Section 89 Obstruction of inspection or examination violation of statutes Section 90 Less than $1000 statute not affected waiver or release Section 90A Home mortgages, interest rates definitions. application ¢ Section 90B Home mortgages.. application of consumer credit cost disclosure provisions . prerequisites to 3 foreclosure i _ Section 90C Home mortgages receipt for payment penalty t Section 90D Loans in violation of Sec. 90A, discharge: jurisdiction Section 90E Penalty 's Section 91 Less than $1000 mortgage or pledge Y a Section 92, 93 Repealed, 1957, 765, Sec. 2 3 Section 94 Return of evidence of loan. discharge of mortgage restoration of property: refusal or neglect Section 95 Applicability of Secs 90 to 94, effect on statutes Section 96 Small loan business Section 96A Securities public sale permit necessity revocation Section 97 Regulations. preservation of records relating to compliance Section 96 Annual report to file, amend. fine Section 99 Examinations by commissioner penalty Section 100 `Licensee" defined, investigations by regulatory board charges, prepayments, establishment of rates. effective date of order: more than one cornract Section 100A Repealed, 1975, 401, Sec 2 Section 101 Term of license contents: posting l Section 102 Fees; more than one business: multi -state licensing system Section 103 Penalties, voidable loans Section 104 Applicant's statement, power of attorney., changes in names, addresses or personnel, revocation of license ' i Section 105 Repealed, 1969. 221 Section 106 Illegal interest: order of commissioner. recovery in action or suit, costs I -IF O 1 0111 AI'I A -11 DNA vos\ Town of Reading 16 Lowell Street Reading, MA 01867 -2683 ZONING BOARD OF APPEALS TOWN OF READING LEGAL NOTICE CASE # 13 -20 RECEIVED i OWN CLERK <;EADING, MASS. 2013 OCT 10 P 12- Sb Zoning Board of Appeals Phone: (781) 942 -6610 Fax: (781) 942 -9071 Website: www.readingma.gov The Zoning Board of Appeals will hold a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 Lowell Street, Reading, Massachusetts on Thursday, November 7, 2013 at 7:00 PM on the petition of Reading Petroleum Inc. who seeks a Variance under Section(s) 4.0 / 4.2.2 of the zoning bylaws in order to have "open storage" of used cars for sale in a Business B District on the property located at 431 Main Street in Reading, Massachusetts. Damase Caouette Chairman Sbi 3 LAW OFFICE OF WILLIAM F. CROWLEY TEL.. (781) 942 -2.233 159 HAVEN STREET. SURE 1 FAX (781) 942 -0292 READING, MASSACHUSETTS O 1 867 WFCESQ @VERIZON.NET September 23, 2013 Glen Redmond Building Inspector Town Hall 16 Lowell Street Reading, MA 01867 RE: Reading Petroleum, Inc., 431 Main Street, Reading Dear Mr. Redmond: As discussed, please be advised that I represent Reading Petroleum, Inc. This letter is to request that a permit be issued to Reading Petroleum, Inc. to conduct the sale of used cars on the lot at the location of the busyness at 431 Main Street. We have an application pending for a license with the Town Manager. Thank you for your attention to this matter. Since ly, William F. Crowley �614 Date: 10/7/2013 Town of Reading 16 Lowell Street Reading, MA 01867 -2683 BUILDING PERMIT REVIEW Date of Application: 10/3/2013 Owner of Record: Applicant/Agent: Location of Property: Charles W Gray Reading Petroleum Inc 431 Main St Community Development (781) 942 -9010 Fax (781) 942 -9070 Your request to conduct the sale of used cars on the lot at 431 Main St is denied. This property is located in a Business "B" district and a Variance is required for "open storage" see section 4.0/4.2.2 Zoning By -laws Town of Reading Town of Reading zoning by -law's You are hereby notified of your rights of appeal under section 7.4 Reading Zoning by- law's C. Glen Redmond Commissioner of Buildings SbiS Town of Reading 16 Lowell Street Reading, MA 01867 -2683 ZONING BOARD OF APPEALS TOWN OF READING LEGAL NOTICE CASE # 13 -20 Zoning Board of Appeals Phone: (781) 942 -6610 Fax: (781) 942 -9071 Website: www.readingma.gov The Zoning Board of Appeals will hold a Public Hearing in the Selectmen's Meeting Room at the Town Hall, 16 Lowell Street, Reading, Massachusetts on Thursday, November 7, 2013 at 7:00 PM on the petition of Reading Petroleum Inc. who seeks a Variance under Sections) 4.0 / 4.2.2 of the zoning bylaws in order to have "open storage" of used cars for sale in a Business B District on the property located at 431 Main Street in Reading, Massachusetts. Damase Caouette Chairman Please run this notice on And Please send bill to October 15, 2013 October 22, 2013 William Crosby 159 Haven Street — Suite 1 Reading MA 01867 781- 942 -2233 s�1 e Town of Reading CASE # ZONING BOARD OF APPEALS APPLICATION FOR PUBLIC HEARING Location of Property: Name lican Agent Gad ; &c,. t' 'nj P c.c Phone # �7 *'JJ g ` ° q"-7 os-- pplican gent Address: q v /Va -A Email: 't'.ew t-s b w y � o �?6 �� P,.-- Applicant is: ❑' Owner ❑ Agent Tenant ❑ Prospective Owner Owner (If not applicant): O'XoVleles GLJ Phone # �?,Ri —76 6 y� Owner Address/ :Xn/!✓Fi e 1 h)P-57 Email:- 6 4 /f 49c&zeW, AM Application is for: Variance from Section v� ❑ Special Permit in accordance with Section 19 Appeal from Decision/Order of Building Inspector (Attach Building. Inspector's:hetter) ❑ Accessory Apartment Special Permit, Section 4.3.2.8 ❑ Other (please specify):. Detailed reason for request (attach extra pages if necessary): 5;7V RAA-6 Lis i AS S 7 T' , I hereby request a hearing before the Zoning Board of Appeals. (Application requires signatures of both owner and agent if agent is applying for hearing): Signature of Owner: Signature of Agent: i aw oQke of WY!!!M 199 Hafee.�ite ! Reading, MA 01867 (r7 ill) R 4-0- -x.33 �4 i? VARIANCE CRITERIA: A variance may only be granted when all of the four criteria are met: 1). Describe the circumstances relating to the soil conditions, shape or topography which especially affect the land or structure (s) in question, but which do not affect generally the Zoning District in which the land or structure is located that would substantiate the granting of a variance. 2). Describe how the literal enforcement of the provisions of the zoning ordinance relating to the circumstances especially affecting the land or structure in question would involve substantial hardship, financial or otherwise, to the petitioner. 77�t -e f}-4q7> -iE ¢-6 (Note that 2, hardship, must relate to the circumstances of the lot described in 1. For example a stone outcrop prohibits development consistent with zoning.) 3). Describe how desirable relief may be granted without substantial detriment to the public good. 4). Describe how desirable relief may be granted without null wing or substantially derogating from the intent or purpose of the zoning ordinance of the Town of Reading. State law (MGL Ch. 40A) specifies that the ZBA must find that all four criteria are met in order to be authorized to grant a variance. If one of the standards is not met, the ZBA must deny the variance. 51,18' 1). Describe the circumstances relating to the soil conditions, shape or topography which especially affect the land or structure in questions, but which do not affect generally the Zoning District which the land or structure is located that would substantiate the granting of a variance. The shape of the lot, especially with the existing repair garage on it, does not easily allow for the construction of an addition or another building large enough to store several automobiles without creating a significant negative visual impact on the neighborhood. 2). Describe how the literal enforcement of the provisions of the zoning ordinance relating to the circumstances especially affecting the land or structure in question would involve substantial hardship, financial or otherwise, to the petitioner. If the Applicant is required to construct a building large enough to store several vehicles in order to comply with the prohibition of open storage, the cost of such a project would be substantial. Since he leases the property, any cost of construction would be borne by the Applicant, with the risk that he may never recover his costs when his lease expires. 3). Describe how desirable relief may be granted without substantial detriment to the public good. The area where the site is located (at the corner of Washington and Main Streets) has several auto repair facilities within a few hundred yards, the closest being directly across Washington Street. Autos at these facilities which are being repaired are parked in open sight. If a variance is granted to allow for display of autos which are for sale on an open lot would not change the historic and current scenery at this intersection. In fact, the open display of attractive vehicles for sale on a neatly -kept lot, as opposed to vehicles that are there for repairs, might actually improve the visual impact at this intersection. 4). Describe how desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the zoning ordinance of the Town of Reading. Section 2.2.24 of the Zoning Bylaw defines Open Storage as: "The storing of retail goods outside of a structure on a lot for the purpose of display and/or sales." When the Bylaws, and particularly the Table of Uses were written, the prohibition of "open storage" in the Business B District may not have contemplated the sale of large items such as automobiles. It is extremely rare that a used car sales facility would be an enclosed structure wherein all of the vehicles are stored. Within a short distance of this site there are several used car sales businesses, each of which has many more vehicles on an open lot that what the Applicant seeks a permit for. The granting of a variance would not substantially derogate from the intent or purpose of the zoning ordinance, as the activity sought would be consistent with the historic, current and common use of this area. �611 ® f _'i Z -4% Z- 431 0 Q r o SSERV t DS } F9 4z '2 78.26' ' MAi R c TM MORTGAGE INSPECTION WAS PREPARED SPEC IRCALLY FOR MORTGAGE PLMOSES AND IS NOT TO BE RELIED UPON AS A SURVEY. NOR IS WS PLAN TO BE USED TO OBTAIN BURMNG tTSWTS� VARIMCM OR THE Lam" I CERTIFY THAT THE STRUCTURE $3 I SFioWN ON INS _ IN WiFORMANCE WITH THE LOCAL ZONING SETBACKS IN EFFECT AT THE TIME OF CONSTRUCRON OR IS EXEMPT FROM VtOLATIOM ENFORCEMENT ACTION UNDER MASS. G.L. TITLE VO, CHAPTER 40A SEC 7. I CERTIFY THAT THE PARCEL SHM is N OT LOCATED V MM A ROOD HAZARD AREA AS 0811M ON . FEMA FLOOD ( RATE MAPS FOR CONY= t ' DAM-7- i _ FLOOD HAZARD AREA HAS BEEN DETERMINED BY SCALE ACCURATE DE I MINA IMN CANNOT BE MADE UNLESS A VERTICAL- CONTROL SURVEY IS PERFORMED. • • • r t H1001 FSEX PLAN RWER"CF-- A9-5F'RS0Rfj MAP HOMELAND SURVEY SET VICES, INC. LAND SURVEYORS Sb-vv 78 LEXINGTON ST., WOBURN, MA. 01801 November 20, 2012 128 Tire, Inc. 459 Main Street Reading, MA 01867 Dear Licensee: Your Class II Motor Vehicle License expires December 31, 2012. Attached is an application form for renewal of your license. Please submit the completed application form and the applicable fee of $75.00 no later than December 18, 2012. You must also provide the following: ♦ proof of Worker's Compensation insurance ♦ a bond in accordance with Massachusetts General Laws, Chapter 140, Section 58 c. (1) ♦ your driver history (dated within the last 30 days) from the Registry of Motor Vehicles ♦ [CORI criminal history (complete attached CORI application and send to the indicated address with a check for $25.00) The CORI needs to be submitted to the Town with all of the above Your renewal license will then be submitted to the Board of Selectmen for their approval. Failure to submit your application by December 18th could jeopardize your license status and your ability to operate your Class 11 Motor Vehicle License effective January 1, 2013. You should be aware that we will also be reviewing your license application with the Zoning Officer, Police Department, and the Collector's Office. All fees, fines, taxes and any other moneys owed to the Town of Reading must be paid prior to consideration of renewal of your license. Please contact me if you have any questions Sincerely, Peter I. Hechenbleikner Town Manager PIH:ps Attachment � b M FY 2014 Preliminary Classification Information Presented by the Reading Board of Assessors November 5. 2013 �p Required Actions by BOS • Selection of a Minimum Residential Factor. • Selection of a Discount for Open Space. • Granting of a Residential Exemption. • Granting of a Small Commercial Exemption. r Minimum Residential Factor • Reading has never adopted a split tax rate. • The IVIRF will be 1. The anticipated tax rate is $56,536,797 / $3,829,312,775 = 0.01476 x 1000 = $14.76 • Single Tax Rate $14.76 est. v'1 W For your information, the average single family home value for fiscal year 2014 is $446,100. In consideration of that value, the table below summarizes the anticipated FY 2014 average tax bill amounts at various shift intervals. CIP SHIFT MRF RES % RES TAX RATE EST 2014 BILL 1 100 90.8536 $14.76 $6,584 1.1 98.9933 89.939 $14.62 $6,522 1.2 97.9866 89.0243 $14.47 $6,455 1.3 96.9799 88.1097 $14.32 $6,388 1.4 95.9731 87.1951 $14.17 $6,321 1.5 94.9664 86.2804 $14.02 1$6,,254 Average single family tax bill history from 2003 to present. �l Fiscal Year Single Family Assessed Values Single Fam parcel Single Family Avg Value Residential Tax Rate Avg Single Family Tax Bill percent Change 2003 25,29552075400 61473 3545582 11.49 41074 2004 2553254355800 69470 391,412 12.23 4,787 17.50% 2005 2572255995400 69483 4199960 12.57 5,279 10.28% 2006 2,912,273,100 6,490 4489732 12.08 59421 2.69% 2007 29994,7599900 65487 4615656 12.07 55572 2.79% 2008 2593319099900 65490 452,066 12.6 55696 2.23% 2009 2188257879600 65501 443,438 13.21 55858 2.84% 2010 29816,2705800 65505 4325939 13.75 55953 1.62% 2011 2988057965500 65508 4425655 13.8 65109 2.62% 2012 205,47500 65514 4449500 14.15 6,290 2.96% 2013 25816,6759700 61516 4325300 14.94 69459 2.68% 2014 2991095959200 6,524 4469100 14.76 65584 1.93% The average commercial property valuation for fiscal year 2014 is $1,439,700. The table below summarizes the anticipated FY 2014 average commercial tax bill amounts. CIP SHIFT MRF CIP % CIP TAX RATE EST 2014 BILL 1 100 9.1464 $14.76 $21,250 1.1 98.9933 10.061 $16.24 $23,381 1.2 97.9866 10.9757 $17.72 $251511 1.3 96.9799 11.8903 $19.19 $27,628 1.4 95.9731 12.8049 $20.67 $29,759 1.5 94.9664 13.7196 $22.15 $31,889 100 90 80 70 60 50 40 30 20 10 0 Commercial Property Value Breakdown for FY 2014 98 properties < $500K 65 from $500K - $1M 39 from $lm to 2M 22 from 2M to 10M 6 Properties above $ l OM <500K 500K -1 M 1M-2M 2M - 10M > 10M Average commercial tax bill history from 2003 to present. Fiscal Year Total Commercial Value Comm. Parcels Average Commercial Value Tax Rate Average Commercial Tax Bill Percent Change 2003 1565623,500 175 $894,991 11.49 109283 2004 15595609000 176 $88311864 12.23 109810 5.12% 2005 18693395900 178 $190469853 12.57 139159 21.73% 2006 219,005,200 179 $1,223,493 12.08 149780 12.32% 2007 2365516,816 198 $151945529 12.07 14,418 -2.45% 2008 256,582,400 203 $152639953 12.6 155926 10.46% 2009 262,9199463 206 $192769308 13.21 1600 5.87% 2010 270165033 205 $193219054 13.75 181,164 7.74% 2011 319,506,376 204 $195669208 13.8 219614 18.99% 2012 320,481,055 205 $155639322 14.15 225121 2.35% 2013 300039400 199 $195071,856 14.94 221527 1.84% 2014 28590689700 198 $1,4395700 14.76 219250 -5.7% Discount for Open Space • MGL C59, sec 2A defines class 2 open space as: "land which is not otherwise classified and which is not taxable under provisions of Chapters 61A or 61 B, or taxable under a permanent conservation restriction, and which land is not held for the production of income but is maintained in an open or natural condition and which contributes significantly to the benefit and enjoyment of the public." • An exemption of up to 25% could be adopted for property classified as Class 2 Open Space. • Reading has never adopted a discount for Class 2 Open Space. Residential Exemption • BOS may adopt a Residential Exemption for residential properties in town that are owner occupied. • Amount up to 20% of the average assessed value of ALL residential properties, including vacant land. • Adopting this would raise the res tax rate to $18.03 for the $14.76 est. This would apply to all res properties before the exemption which is estimated to be approx. $1500 off for all owner occupied residential properties. The est. break -even point is $470,100 and a tax amount of $6940. • Adopted by only 13 communities including Boston, Chelsea, Cambridge & Waltham. • Since the shift is only in the res class, higher valued homes will pay for the exemption to those homes of lower value. 0 Small Commercial Exemption • Up to 10% of prop value for commercial properties only. (No industrial or personal property). • Total Property Value less than $1,000,000 • Not more than 10 employees as certified by the Dept. of Employment & Training. • One business in a building of several would qualify only if all other businesses qualified. • Exemption goes to the real estate owner and not the business owner. • Less than a dozen communities in the Commonwealth have adopted this exemption. Neighboring Communities / FY 2013 Community Res% Split Shift Avg. S. F. Tax Bill Tax Rate /$1000 Lynnfield 91.54 Yes 1.09 $75573 14.82 No. Reading 87.10 No 1.0 $75257 16.04 Stoneham 88.13 Yes 1.50 $45970 13.06 Wakefield 84.39 Yes 1.75 $45935 12.29 Wilmington 74.44 Yes 1.75 $4,756 13.61 Woburn 69.70 Yes 1.75 $3,553 10.40 READING 89.88 No 1.0 $65458 14.94 Only Lynnfield has a CIP sector less than 10 %. Middlesex League / FY2013 Community Res% Split Shift Avg. S.F. Tax Bill Tax Rate /$1000 Arlington 93.74 No 1.0 $6842 13.61 Belmont 94.33 No 1.0 $109359 13.33 Burlington 63.93 Yes 1.67 $49536 11.85 Lexington 86.62 Yes 1.70 $109906 15.20 Melrose 93.99 Yes 1.48 $59212 13.03 Stoneham 88.13 Yes 1.50 $49970 13.06 Wakefield 84.39 Yes 1.75 $49935 12.29 Watertown 81.18 Yes 1.75 Res Ex 14.68 Wilmington 74.44 Yes 1.75 $41,756 13.61 Winchester 94.65 No 1.0 $99839 12.77 Woburn 69.70 Yes 1.75 $3,553 10.40 READING 89.88 No 1.0 $69458 14.94 Largely Residential Comparable Communities Fiscal Year 2013 Data Community Res% Split Shift Avg. S.F. Tax Bill Tax Rate /$1000 Arlington 93.74 No 1.0 $6842 13.61 Belmont 94.33 No 1.0 $10,359 13.33 Concord 90.68 No 1.0 $115802 14.07 Lincoln 96.23 Yes 1.3 $13,742 14.41 Lynnfield 91.54 Yes 1.09 $71573 14.82 Melrose 93.99 Yes 1.48 $59212 13.03 Milton 95.83 Yes 1.50 $7,471 14.70 Sudbury 92.93 Yes 1.28 $119205 17.99 Wakefield 84.39 Yes 1.75 $49935 12.29 Winchester 94.65 No 1.0 $9,839 12.77 READING 89.88 No 1.0 $69458 14.94 Reading had the third lowest average single family tax bill of those listed. All communities except Wakefield had a 1.5 shift capacity. o� OF RFgoI �c y Office of the Town Manager �0 16 Lowell Street ,S�9INCORO�pP� Reading, MA 01867 To: Board of Selectmen From: Bob LeLacheur Date: October 31, 2013 RE: Regional Assessing with Wakefield 781 - 942 -9043 townmanager @ci.readine.ma.us www.readingma.gov /town /town - manager Over a year ago we entered into an agreement with Wakefield to share their Appraiser, Victor Santaniello, until December 31, 2013. Prior to that date we would then decide whether to formalize that relationship through votes of both Town Meetings in November as is required by current state law, or to abandon the arrangement and find another solution. The key to any regional arrangement is flexibility of all parties concerned. In that spirit I ask the Board to approve a third option we had not foreseen — to simply renew the existing agreement for one more year. As I have previously mentioned to you, at the advice of the MA DOR the very old legislation that treats regional assessing arrangements differently is under review by the state and is likely to change. If it becomes similar to other regional agreements, we will not need the approval of our Town Meetings. Thus renewing the agreement for an additional year will allow us all to evaluate any new options that arise. In the strongest terms I want to express our gratitude to Wakefield Town Administrator Steve Maio and the Reading Board of Assessors (Frank Golden, Fred McGrane and Bob Quinn), and our appreciation for the excellent work done by Victor Santaniello, Pat Sullivan, Joanne Fitzpatrick and Theresa Galasso over these past 16 months. They have completed large home inspection projects on time and under budget; a major financial systems conversion; and at your next meeting will preview the results of the strenuous DOR triennial revaluation. I would ask in your motion to approve the agreement as presented but to give the Town Manager the right to make minor changes, depending on further input from Wakefield Town Counsel, as we have done in our other regional arrangements. This regional Assessing arrangement has worked out well for both communities! �-; I INTER- MUNICIPAL AGREEMENT BETWEEN THE TOWN OF READING AND THE TOWN OF WAKEFIELD DIRECTOR OF THE ASSESSING DEPARTMENT THIS AGREEMENT dated as of this day of , 2013 ( "Agreement ") by and between the Town of Reading, a Massachusetts municipal corporation having a usual place of business at Town Hall, 16 Lowell Street, Reading MA 01867, acting by and through its Board of Selectmen ( "Reading "), and the Town of Wakefield, a Massachusetts municipal corporation having a usual place of business at 1 Lafayette Street, Wakefield, Massachusetts 01880, acting by and through its Board of Selectmen ( "Wakefield "). WITNESSETH THAT: WHEREAS, Reading and Wakefield desire to share the services and costs associated with a Director of the Assessing Department; and WHEREAS, each of the parties has obtained authority to enter into this Agreement pursuant to G.L. c. 40, s 4A; NOW, THEREFORE, in consideration of the premises set forth above and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree under seal as follows: 1. Director of Assessing: During the Term of this Agreement, Reading and Wakefield shall assume their respective shares of the costs associated with a shared Director of Assessing. Notwithstanding any other provision of this Agreement to the contrary, Reading and Wakefield shall maintain separate Boards of Assessors which shall be vested with the authority for setting policy within their respective communities. 2. Term. The term of this Agreement shall commence on the date of execution hereof, and shall expire on January 1, 2015, unless earlier terminated as set forth herein. The parties shall review their contractual relationship every 12 months, the terms of which are set forth herein, to ensure that this Agreement continues to satisfy the needs and objectives of each community. 3. Identity of Director of Assessing. The parties shall share the services and costs of the incumbent Director of the Assessing Department of Wakefield, Victor Santaniello, or a successor hired through the standard personnel practice of Wakefield in consultation with Reading. 4. Compensation. Wakefield shall pay the salary and benefits of the Director of Assessing. Reading shall contribute its share of the associated costs for this position by paying to Wakefield a variable sum, as required by the terms and conditions of this Agreement in Appendix I (and as amended from time to time), per fiscal quarter during the Term, each payment to be due and payable within fifteen (15) days after the commencement of such fiscal quarter (i.e., after 7/1, 10 /1, 1/1 and 4/1). Wakefield shall adjust the compensation it pays said position as it may be required to do in accordance with any collective bargaining agreements and standard personnel practices and shall give prompt written notice to Reading of any such adjustment. Reading shall adjust its quarterly payments accordingly. In the event that any collective bargaining agreement requires Wakefield to make a lump sum payment to any of the aforesaid position reflecting a retroactive salary increase during the Term, Wakefield shall promptly give written notice thereof to Reading and Reading shall, within sixty (60) days thereafter, pay Wakefield one -half (1/2) such amount to the extent that the retroactive pay period includes any part of the term hereof. 5. Other Collective Bargaining_ Agreement Benefits. Wakefield shall provide the Director with all benefits to which he is entitled under standard personnel practices. Both parties agree to allow the Director to enjoy such vacation, sick days, personal days and other leave as he may be entitled to receive under such _<�v agreement and under standard personnel practices of Wakefield. Neither party shall make any demand on the Director or take any action with respect to the Director that is in violation of his rights under standard personnel practices of Wakefield or under any applicable legislation. 6. Retirement and Workers Compensation Benefits. The Director will remain a member of the Wakefield Contributory Retirement System. Upon retirement, Reading will be assessed a share of the cost of pension plans reflecting any concurrent time the Director spent working for Reading hereunder pursuant to applicable Massachusetts General Laws. At the end of each fiscal year, Reading shall reimburse Wakefield for its workers' compensation costs associated with the employment of the Director, such reimbursement to be equal to the product of Reading's contribution to the Director's salaries during such year multiplied by the rate paid by Wakefield for workers' compensation insurance for the Director for such year. Reading shall also reimburse Wakefield for its health insurance, life insurance, and Medicare costs associated with the Director, said reimbursement to be equal to the proportion of Reading's contribution to the Director's compensation. 7. Duties. The Director shall perform his duties as required by the respective local laws and regulations of Wakefield and Reading. Attached as Appendix I1 to this document is a "Assessing Employee Task List - Date: June 18, 2012; Position: Director of Assessing" to provide guidance as to the expectations of the duties as they pertain to Reading. Also attached as Appendix III is the Organizational Chart for Reading which details the administrative structure within which the Assessing Division falls within Reading. This organizational chart may be changed by Reading from time to time. Wakefield and Reading shall provide the Director with office space and office equipment for work within their respective communities. The Director shall work primarily in the office space provided by Wakefield and shall maintain regular, public office hours in Reading, such office hours to be mutually agreed upon by the parties. 8. Car. The Director will be reimbursed for any mileage used during the performance of services hereunder directly by the community in which said services are performed. All mileage reimbursement shall be paid at the rate then governing in the community receiving said services. 9. Indemnification. Wakefield shall hold Reading harmless from any and all claims related to employment or employee benefits, collectively bargained or otherwise, made by the Director prior to the commencement of the term of this Agreement. Reading shall indemnify and hold harmless Wakefield and each and all of its officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the Director of his duties in or for Reading including, without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the Director while in or performing services for Reading. Similarly, Wakefield shall indemnify and hold harmless Reading and each and all of its officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the Director of his duties in or for Wakefield, including without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the Director while in or performing services for Wakefield. Such indemnification shall include, without limitation, current payment of all costs of defense (including reasonable attorneys fees, expert witness fees, court costs and related expenses) as and when such costs become due and the amounts of any judgments, awards and/or settlements, provided that (a) Wakefield and Reading shall each have the right to select counsel to defend against such claims, such counsel to be reasonably acceptable to the other party and its insurer, if any, and to approve or reject any settlement with respect to which indemnification is sought; (b) Each party shall cooperate with the other in all reasonable respects in connection with such defense; and (c) neither party shall be responsible to pay any judgment, award or settlement to the extent occasioned by the negligence or intentional misconduct of any employee, agent, official or representative of the other party other than the Director. By entering into this Agreement, neither of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law including, but not limited to, G.L. c. 258 the Massachusetts Tort Claims Act. �✓ 10. Termination. This Agreement may be terminated by either party for any reason or no reason on thirty (30) days written notice to the other. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. The parties shall equitably adjust any payments made or due relating to the unexpired portion of the Term following such termination. 11. Assignment. Neither party shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of the other. 12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision were not contained herein. 13. Waiver. The obligations and conditions set forth in this Agreement may be waived only by a writing signed by the party waiving such obligation or condition. Forbearance or indulgence by a party shall not be construed as a waiver, nor limit the remedies that would otherwise be available to that party under this Agreement or applicable law. No waiver of any breach or default shall constitute or be deemed evidence of a waiver of any subsequent breach or default. 14. Amendment. This Agreement may be amended only by a writing signed by both parties duly authorized thereunto. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. 16. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 17. Notices. Any notice permitted or required hereunder to be given or served on either party by the other shall be in writing signed in the name of or on behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3) business days after the date of any properly addressed notice sent by mail as set forth below. a. To Reading. Any notice to Reading hereunder shall be delivered by hand or sent by registered or certified mail, return receipt requested, postage prepaid, to: Robert W. LeLacheur, Jr. CFA Town Manager Town Hall 16 Lowell Street Reading MA 01867 or to such other address(es) as Reading may designate in writing to Wakefield. b. To Wakefield. Any notice to Wakefield hereunder shall be delivered by hand or sent by registered or certified mail, return receipt requested, postage prepaid, to: Steve Maio 5d q Town Administrator Wakefield Town Hall 1 Lafayette Street Wakefield, Massachusetts 01880 or to such other address(es) as Wakefield may designate in writing to Reading. 18. Complete Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the parties concerning the subject matter hereof. Each party acknowledges that it has not relied on any representations by the other party or by anyone acting or purporting to act for the other party or for whose actions the other party is responsible, other than the express, written representations set forth herein. 19. Financial Safeguards. Wakefield shall maintain separate, accurate and comprehensive records of all services performed for each of the parties hereto. Wakefield shall maintain accurate and comprehensive records of all costs incurred by or on account of the Assessing Department, and all reimbursements and contributions received from Reading. Periodic financial statements must be issued to each party. On an annual basis, the parties' Financial Officers shall jointly audit the accounts of the Director of the Assessing Department for accounting consistency and reliability. WITNESS OUR HANDS AND SEALS as of the first date written above. Approval as to legal form Town Counsel SJ TOWN OF WAKEFIELD By its Board of Selectmen Certificate of available appropriation Town Accountant Approval as to legal form Town Counsel TOWN OF READING By its Board of Selectmen Certificate of available appropriation Town Accountant Approval as to legal form Town Counsel SJ o� OF RFgOi tic r Office of the Town Manager `tea j�o 16 Lowell Street ,6�9fNCO RP��P� Reading, MA 01867 To: Board of Selectmen From: Bob LeLacheur Date: October 31, 2013 RE: Remote Participation 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov/town-manager Remember that the BOS is the local authority that approves this practice, and it must be done on an all -or -none basis for all Boards, Committees and Commissions in Town (this does not include Town Meeting or the Retirement Board). Enclosed is some background material for you to review as you consider adopting Remote Participation for Town public bodies: 1.) BOS policies, Article 2 Volunteers, Boards, Committees and Commissions — I would propose adding #9. Remote Participation at the end of this section (1 page); 2.) Past BOS Minutes from 3/13/12 and 5/21/13 (2 pages); 3.) Attorney General Martha Coakley information: 940 CMR 29.00 Open Meetings, specifically 29.10 Remote Participation (3 pages); 4.) Background information from other MA communities (15 pages). There are mixed opinions on adopting Remote Participation. Neither the MMA nor the AG's office formally track adoption rates, but it is thought to be about 5% of all cities & towns since this practice was allowed over three years ago. Reasons for adopting the policy are limited to the five reasons allowed by the AG's office: personal illness, personal disability, emergency, military service or geographic distance. BCCs across the Commonwealth that have regularly travelling members and /or those that have had a member with a temporary medical disability are anecdotally the reasons most cited to adopt. Reasons for not adopting vary, but the most apparent one is that it is a low priority and has not been discussed by many communities. However some communities have discussed and rejected adopting this policy. Reasons include the cost associated with outfitting all public meeting space with proper technology, the notion it is a volunteer's responsibility to be at meetings, the nuances of communication in person versus remotely, the potential for abuses when something more interesting is on TV, and so forth. "-561 If the Board wishes to adopt Remote Participation, I will make the following suggestions which are in addition to the AG's requirements under 940 CMR 29.10: (1) Remote Participation is adopted on a trial basis through December 31, 2014, so a future Board must reconsider the matter; (2) During the trial period, feedback is solicited from all Boards, Committees and Commissions on the pros and cons of the Participation experience; (3) Remote Participation is limited to be audio only as that will be far easier and cheaper to provide for all public meeting spaces in the short run. During the trial basis the Town will prepare an inventory of all public meeting spaces and the technology available. It is preferable that all spaces have the same capabilities, but this will be expensive to provide. For example, there are public meetings held in Matera Cabin. (4) If technical difficulties arise and persist during a meeting, the remote participant will be declared to have left the meeting and the specific BCC Chair may decide to continue with the Agenda if there is a quorum still physically present; (5) All votes must be by roll call if there is a remote BCC participant; (6) Any costs associated with remote participation are born entirely by the remote participant; (7) In order to participate remotely all handouts or presentations must be made available to all remote participants in advance. I have prepared a sample Policy for the Board to review and make improvements to. Town Counsel is also reviewing the draft version and will have his comments available prior to your meeting. S6 -z- 0� OF I? �c Office of the Town Manager { b 16 Lowell Street 639:IMORp0pP Reading, MA 01867 To: Board of Selectmen From: Bob Lel-acheur Date: October 30, 2013 RE: DRAFT Remote Participation Policy 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Insert bold language below in Selectmen's Polices section 2.1 as item # 9. 9. All appointed and elected Boards, Committees and Commissions (hereinafter `public body') are hereby authorized to conduct Remote Participation subject to the requirements of The Massachusetts Open Meeting Law, G.L. c30A, §20(d) and 940 CMR 29.00 section 29.10 and the Additional Regulations listed below. This authorization is on a trial basis and expires on December 31, 2014 if not renewed. Additional Regulations (1) Remote participation is limited to members of a public body and not available to the general public; (2) A member of a public body requesting remote participation must notify the Chair or acting Chair in writing and in advance of the meeting, stating the reasons why; (3) Remote participation is allowed as audio only. The remote audio must be clearly heard in the public meeting space to all participants; (4) The Chair or acting Chair will announce the presence of any remote participants at the start of the meeting; (5) If technical difficulties arise and persist during a meeting, the remote participant will be declared to have left the meeting and the Chair of the public body may decide to continue with the Agenda if there is a quorum still physically present; (6) All votes must be by roll call if there is a remote public body participant; (7) All handouts or presentations must be made available to all remote participants in advance; (8) Any costs associated with remote participation are born entirely by the remote participant. 53 ARTICLE 2 — VOLUNTEERS, BOARDS, COMMITTEES AND COMMISSIONS Adopted/Re- adopted March 30,1004 Section 2.1- General Provisions for all Boards, Committees and Commissions The Board of Selectmen may establish from time to time, standing and/or ad hoc Boards, Committees or Commissions. This section shall apply to any Board, Committee or Commission established as a standing committee by Charter, or established in accordance with Article 4 of the Reading Home Rule Charter, and any applicable Bylaw or State Statute. The process used will be to establish such a body through the formal process established by Section 4.11 of the Town Bylaws for the development of a policy, rule or regulation. A Board, Committee or Commission may be established to deal with a short term or an ongoing issue or concern of the Town, and the following conditions shall apply to all such bodies: 1. The Department within which the Board, Committee or Commission falls shall be determined by the policy establishing the body. 2. The number of members of the body shall be established by the policy establishing the body. 3. Every member of each Board, Committee or Commission established and/or appointed by the Board of Selectmen shall physically reside in Reading at the time of his/her appointment and for the duration of his/her term, unless the policy establishing the Board, Committee or Commission specifically waives the residency requirement for one or more members. Every member shall be a registered voter of the Town of Reading, and shall maintain that status during the full term of his/her appointment. The requirement of being a registered voter may be waived by the Board of Selectmen when the Board decides to establish a position and/or appoint an individual to a Board, Committee Commission or Task Force where the individual is or may be less than the legal voting age. 4. In conducting its work, all Boards, Committees and Commissions shall be bound by all of the rules and regulations of the Town of Reading and the Commonwealth of Massachusetts, including but not limited to the Open Public Meetings law. 5. Each Board, Committee and Commission shall report to the Board of Selectmen periodically as required but no less often than once per year. 6. A member who misses three consecutive meetings may be recommended for removal by a majority vote of the Board, Committee or Commission. 7. Members of all Boards, Committees and Commissions are required to act with the highest level of integrity, business ethics and objectivity in all matters. No member of any Board, Committee or Commission may misuse the authority or influence of their position. 8. All members of Boards, Committees and Commissions shall operate in a courteous, respectful, businesslike and efficient manner in all aspects of their duties. Adopted 11- 13 -94, Revised 1 -1 -96, Revised March 30, 2004 V � r Ud 2 -1 Board of Selectmen Policies SAN Board of Selectme inut s — March 13 2012 — Rage 8 Ben Tafoya noted that the inventory sheet needs additional plain language description. Mark Cardono noted it's pretty straight forward. Robert Sullivan noted that everything they are talking about tonight will be in the future. John Arena asked if this will deal with people who did not receive notification in the past because they feel trapped. Roberta Sullivan indicated this does not do that. Ben Tafoya asked if this was done in public meetings and Mark Cardono noted that the meetings were posted open meetings with this topic on the agenda. The Town Manager noted this is at a good point to do a broader outreach and solicit opinions. Karen Herrick, Precinct 8, noted there is a petition article on this issue and asked who can table the issue. The Town Manager indicated only the petitioner can table the article. Elaine Webb noted that since the notification of the hearing was to put the building on the inventory, did she miss the hearing to not have to be protected by the demo delay. Roberta Sullivan noted that a homeowner came to the hearing and gave reasons why the house should not be on the list and the demolition delay was removed. Elaine Webb noted that the process was not clear that there was an option. Ben Tafoya noted there needs to be a clearer transition from 3, 4 and 5. Review Ootion/Opoortunity for Remote Participation.— The Town Manager noted that the Open Meeting Law provides regulations that allows for remote participation. If the Board approves it, then rules and regulations need to be developed. This would include the School Committee, Library Board of Trustees, Board of Assessors and Light Board. Votes would need to be a roll call vote and there must be a quorum of the committee physically present. The member would have to notify the chairman as soon as possible and the chairman needs to announce the reason at the meeting and it must be recorded in the minutes. Richard Schubert indicated he would not want to impose any additional_ cost for technology. He noted that remote participation loses the personal touch. John Arena noted that you also cannot read a person's body language over the phone. Marsie West noted that she has participated in many teleconferences and it is important to check in with the person on the phone to see if they have something to say. Ben Tafoya indicated it's a nice idea but is skeptical unless someone wants to give us the money to do it right. He noted if it's a Board, Committee or Commission who meets quarterly then it is no big deal. Richard Schubert asked if there was a need for this in Reading and the Town Manager noted that he didn't see any need in Reading — he believes in physical presence at a meeting. Board of Selectmen M' utes — Mav 21 2013 — v4gq 8 Review Remote Participation for Public Meetings (per Open Meeting_ Law} —James Bonazoli noted that this topic was previously discussed. The Town Manager reviewed some of the requirements including the person needs to be well heard and cannot be chairing the meeting. There must be a quorum physically present and all votes are done on a roll call vote. Also, there are five reasons why remote participation is allowed. If the Board adopts then a policy will need to be established that will cover all the Boards, Committees and Commissions. Marsie West noted that this is a standard in the business environment and feels this is a good idea. Daniel Ensminger noted this would be a good recruitment tool. Approval of Minutes A motion by Tafova seconded by West to approve the minutes of April 23, 2013 was approved by a vote of 4 -0 -0. James Bonazoli noted that this is Peter Hechenbleikner's last meeting and he thanked him for 26 years of hard work. A motion by West seconded by Ensmineer that the Board of Selectmen adjourn the meetnns at 8:53 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary se� y,+v t_ivitc zy.vv: open ivieettngs 0 The Official Website of the Attorney General of Massachusetts Attorney General Martha Coakley Home Government Resources Open M Attomey General's Regulations 940 CMR 29.00: Open Meetings Open Meetings 29.01 Purpose. Scope and Other General Provisions 29.02 Definitions 29.03 Notice Posting Requirements 29.04 Certification 29.05 Complaints 29.06 Investigation 29.07 Resolution 29.08 Advisory Opinions r Enforcement Actions 29.10 Remote Participation 29.01: Purpose. Scope and Other General Provisions 1) Authority. The Attorney General promulgates 940 CMR 29.00, relating to the Open (2) ur se. The purpose of 940 CMR 29.00 is to interpret, enforce and effectuate the Law, M.G.L. c. 30A sec. 18-25. / pursuant to M.G.L. of the Open Meeting (3) Seve III . If any provision of 940 CMR 29.00 or the application of such pr ision to any person, public body, or circumstanc s shall be held invalid, the validity of the remainder of /very, .00 and the applicability of such provision to other perso , public bodies, or circumstances shall not be affec (4) Mailing . All co plaints, notices (except meeting notices) and os that must be sent to another party shall be sent by one of the Ilowing means: first class mail, email, hand y any other means at least as expeditious as first Gass mail. To To 29.02: Definitions As used in 940 CMR 29.00, the follow) terms shall, nless the context clearly requires otherwise, have the following meanings: Commission means the Open Meeting Law sory Commission, as defined by G.L. c. 30A. sec. 19(c). District Public Body means a public body w ju ' diction that extends to two or more municipalities. Emergency means a sudden, generally nexpected rience or set of circumstances demanding immediate action. Intentional Violation means an act o omission by a publl body or a member thereof, in knowing violation of M.G.L. c. 30A sec. 18 -25. Evidence of an intenti nal violation of M.G.L. c. "30A. sec. 18 -25 shall include, but not be limited to, that the public body or public body me er (a) acted with sperc inte t to violate the law; (b) acted with deliberate ignorance of the law's requirements; or (c as previously informed by receip f a decision from a court of competent jurisdiction or advised by the Attorney G eral, pursuant to 940 CMR 29.07 or 9 CMR 29.08, that the conduct violates M.G.L. c. 30A. sec. 18 -25. Where a pu c body or public body member has made a cod faith attempt at compliance with the law, but was reasonably mists n about its requirements or, after full disclosure, clad in good faith compliance with the advice of the public body's le I counsel, such conduct will not be considered an int tic violation of M.G.L. c. 30A, sec. 18 -25. Person means I individuals and entities, including governmental officials and ployees. Person does not include public bodies. Post noti means to place a written announcement of a meeting on a bulletin board, ctronic display, website, cable ;televisi channel, newspaper or in a loose -leaf binder in a manner conspicuously visible the public, including persons sabilities, at all hours, in accordance with 940 CMR 29.03. lic bod has the identical meaning as set forth in M.G.L. c. 30A. sec. 18, that is, a muKiple -me ber board, commission, mittee or subcommittee within the executive or legislative branch or within any county, district, c region or town, however created, elected, appointed or otherwise constituted, established to serve a public purpose; pr 'ded, however, that the governing board of a local housing, redevelopment or similar authority shall be deemed a local pub body; rage i of _�-e 8 httn: / /www.mass. gov /ago /government- resources /oven - meeting -law /940- emr- 2900.htm1 10/30/2013 Y,+v umtc /-y.vu: open meetings Page 6 of 7 Nothing in 940 CMR 29.06 or 29_0 all limit the omey General's authority to file a civil action to enforce M.G.L. c. 30A, sec 18.25 M.G.L. c. 30A sec. 18- want to M.G.L. c. 30A. sec. 23(f). To To 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 a way 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 Ssimple 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 emote 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. 10 Retirement Boards. A retirement board created pursuant to M.G.L. c. 32. sec. 20 or M.G.L. c. 34B. 4 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) 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 Reguirements 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, intemet, or satellite enabled audio or video conferencing; &q httn:H w,r w. mass.gov /agn /aovemment- remurces /nnen- meetincr- law /940 -cmr -2900 html ni�ni2n� 7,ry k,ivin- /-7.vv: open ivieetings Yage 7 of 7 (ii) any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another. (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 fads 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. (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. /� x9) Remedy for Violation. If the Attomey General determines, after investigation, that 940 CMR 29.10 has been � violated, the Attomey General may resolve the investigation by ordering the public body to temporarily or permanently discontinue its use of remote participation. To To O 2013 Commonwealth of Massachusetts. Site Policies Contact the Attorney General's Office Mass.GovO is a registered service mark of the Commonwealth of Massachusetts. �WD httn: / /www.mass. eov /aizo /izovemment- resources /oven- meetiniz-law /940- cmr- 2900.html 10/30/2013 rarcuaru urcarb ucw gtvuiiu ivcaify wnn remote participation I you p Wednesday, October 30, 2013 1� 37° Forecast I Radar nup:uwww.souincoasttouay.com /apps /pt)cs.alUart]Cle7Atll = /2U j 3U8... Q Search SouthCoast'roday.com NEWS- SPORTS- OPINION- ENTERTAINMENT- LIVING, SPECIAL REPORTS- SIGHTS & SOUNDS- YOUR TOWN- MARKETPLACE- SERVICES- Wareham breaks new ground locally with remote participation 1 of 3 clicks used this month LOGIN I REGISTER I SUBSCRIBE By By CHRIS SHOTT ITER August 07, 2013 12:0 M A policy adopted last week by the Wareham Board of Selectmen permitting remote participation during meetings of town bodies is largely unparalleled on SouthCoast, according to a survey of local communities. While remote participation has been permitted in all 351 Massachusetts cities and towns by order of Attorney General Martha G) Coakley since 2011, fewer than 5 percent have legally adopted it. In v SouthCoast, Wareham stands alone in officially allowing government committees, commissions and boards to grant members the right to participate in meetings through remote technologies (including telephone and Internet services), although one other community experimented with it recently. Text Size: A I A I A J Print this Article Email this Article ShareThis POPULAR TODAY 0-- 'Puppy Doe' suspect also wanted in connection with New Bedford church thefts O-- Fall River man charged in child assaults C►— Acushnet board springs a billing leak 0— Incumbents Saunders, Gomes fail to turn in campaign finance report in at -large race In Acushnet, Christine Amaral, administrative assistant to selectmen, said the town has no official policy in place regarding remote participation, but actually implemented it during a meeting of its Board of Selectmen. "At a meeting, I think it was in June, the selectmen allowed it when the chairman was seriously injured in an accident and could not attend a meeting," Amaral said. "Another member took over as interim chairman for the meeting while the chairman was allowed to participate by speakerphone." Elsewhere in SouthCoast, remote participation has attracted little attention or interest. In New Bedford, City Council President Bruce Duarte said the council has never voted on the issue. "We talked about it at a meeting about six months ago, but no vote was taken," Duarte said. "Personally, I'm not in favor of it because I think its your responsibility to be at meetings." Duarte also said he objected to remote participation because of potential abuses. "I think at times it could be used just for convenience," he said. "I think it's very important for people to be at meetings." Dartmouth Town Administrator David Cressman said the town does not allow remote participation. "In my tenure, coming up on four years, I don't recall it ever being discussed," Cressman said. Fairhaven Town Administrator Jeffrey Osuch said the Board of Selectmen disapproves of remote participation. "The issue came up I believe it was last year, and the selectmen decided not to approve it," Osuch said. WesteortTown Administrator John F. Healey said selectmen presently disapprove of remote participation because of logistical and security concerns. "The board thinks it is problematic in many respects," Healey said. "The board has been hesitant to implement it because of potential problems associated with it." Fr tog&o Town Administrator Richard Brown said the town "doesn't have a provision" for remote participation anc that he could not recall discussion on the topic during his nearly two years in that position. A town official in Marion confirmed that town does not have a policy allowing remote participation, but adopted Chapter 39, Section 23D of the Massachusetts General Laws at its Annual Town Meeting in 2011 for its Planning Board. The law grants board members the right to vote on matters discussed at an adjudicatory hearing even if they are absent, provided "that certain conditions as established by said statute are met." Katie McCue, legislative analyst for the Boston -based Massachusetts Municipal Association, said that her �\ organization does not maintain formal records on communities sanctioning remote participation. "WP do not have a complete list here at the MMA of all the communities that have adopted remote participation," 1 of 3 Premium Clicks used this month rr_AKE: FREE ONLINE COURSES F�(, 11,x THE IN ..C..rj VIEW THE LATEST COURSES AT EDX.ORG >> 6d[K a; Current Price: $48 Turquoise String Beads Learn the Craft of Beading - -3 Boot Camp Classes Just $48 6.1 - 1 1' � 1G11ti� . Deal Expires: 2d:17h:24m view More Deals COUPON OF THE WEEK October Doorbusters are here! i Savings up to 40% OFF. Hurry because supplies are limited. First come,... 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Local Media Group, Inc. All Rights Reserved. Already a or Lft4 l Now! 1 of 3 Premium Clicks used this month `S SUBSCRIBE of 2 10/30/2013 R-44 AM ,�...� 1v 1 uuu.ua uar „S rcrnUtc pall ,1lJaUU11 - rramingnam, Ivies - I... nr[ p:ii www.metrowestclallynews.com/news /x1531247406 /Some - loca... rh�"OWtST DAII.Y NEVUS 65\1 Some local boards using remote participation Thomas Mercer said it felt almost like a regular meeting as the Franklin town councilor took votes and participated in discussions. But, instead of sitting in his seat in the council chambers, Mercer was halfway around the world. "It was unbelievable,” Mercer recalled this week, of joining his fellow councilors via a Skype phone while traveling in China last spring for work. "It was like I was sitting in the room. I could hear the audience speak and could hear everything." Thanks to changes to the state Open Meeting law that allow remote participation under certain circumstances, board members such as Mercer can join in on discussions even if they are away on business. 4 C) But, almost a year after the regulations took effect, Patricia Mikes of the Massachusetts Municipal Association said she is aware of less than a dozen communities using remote participation. A community s chief executive officer, typically selectmen in a town and the mayor in a city, must adopt remote participation for other boards in the community to use it. A regional school committee must adopt it for a regional school district, according to Open Meeting Law regulations. Locally, Franklin, Natick, S orou h, and Wayland are among local communities that have adopted it. The Mendon -Upton Regional School Dts'Tn —&s School Committee has also approved the practice. "It's a great tool to increase participation statewide," said Mikes, a spokeswoman for the association. "It certainly opens up a whole new world." Mikes said remote participation is not widespread in part because municipal leaders have been focused on financial or other more pressing issues. In selectmen considered adopting the regulations in January but ultimately rejected them. Chairman Jason Smith said board members should attend meetings in persons ey vote in front o t e pu tc. s ar er to fully participate in discussions when board members are not looking at each other face -to -face, Smith said. "I think there's a lot to be said for someone that sits in the public eye," he said Natick Selectman Joshua Ostroff, president of the Massachusetts Selectmen's Association, said it is a good tool to allow members to join in when they are out -of -town for legitimate reasons. The regulations allow remote participation when physical attendance is unreasonable because of personal illness, disability, emergency, military service or geographic distance. Boards must have a quorum physically present and can use teleconferencing or videoconferencing. "I think it's a great tool if a local community wants to adopt it to help ensure board members can participate when they have to be away from town for legitimate reasons," Ostroff said. "Anything we can do to encourage citizen involvement is good for our communities.... It should not be the norm, but government needs to recognize the busy lives of volunteers by occasionally participating remotely." Natick selectmen Chairman Paul Joseph said he has remotely participated twice while traveling for work. Joseph said board members participating remotely have to be more focused since they may only be listening to voices. "I think it works great," Joseph said. "My support for adopting the rule was basically to allow a broader citizen engagement." Selectmen are seeking feedback from other committees about how often it has been used, he said. Natick officials were already upgrading communication technology, so did not need to spend extra money on equipment. Southborough, however, is planning to buy equipment to facilitate remote participation, Acting Town Administrator Vanessa Hale said. Hale said she does not anticipate a significant cost for the equipment. Mendon -Upton Regional School District committees have used remote participation twice, including once when one member of a three - person policy subcommittee could not attend, Superintendent Joseph Maruszczak said. Back in Franklin, Councilors Mercer and Jeffrey Roy — who have attended meetings remotely - said one of the biggest hassles is that all votes must be taken by roll call, a sometimes tedious process when the council has more than a dozen votes. But, they said that does not outweigh the positives. "I absolutely was thrilled to have the opportunity to participate remotely," Roy said. "One of the things that was always important to me is that I have too percent attendance at meetings." (Brian Benson can be reached at 5o8- 626 -3964 or bbenson @wickedlocal.com.) of i Q-10 AAA vu11%,11 %.Jnb ICILIUM paluclpat1vu» rnavern,u» nag,einoune.com, ... nup:u www .eagieinDune.com/naverniii/xi /40u5s0Dz /Uouncu- Ut1.s -... HAVERHILL — It's now just a matter of time until City Councilor John Michitson calls in his vote or opines on a local matter from some far -flung locale. The council unanimously approved an ordinance last night allowing councilors to participate in meetings via by telephone or video — making Haverhill one of a handful governmental bodies in Massachusetts that has adopted a new state law allowing officials to telecommute to municipal meetings. The council began planning to allow telecommuting in December, primarily because Michitson took a position at his company that requires extensive travel to the Middle East. Michitson, the top vote -getter in the last council election, resigned the council presidency three months ago due to his new work schedule at MITRE Corporation, where he is an electrical engineer. Last night, Michitson said he has no immediate travel plans, but that he expects his work will dispatch him to the Middle East sometime in March. "I'm all set to call in," Michitson said. "All I need is an international phone." Councilors will be allowed to participate and vote by phone at council meetings up to six times per year under the ordinance. Communication infrastructure was recently installed in the council's City Hall meeting room to allow councilors to receive and transmit an audio signal via a speaker phone in the room. Under rules established by the Attorney General's Office, elected officials are allowed to attend meetings remotely in instances where they cannot be present due to personal illness or injury, geographical distance, military service or an emergency. According to Haverhill's rules, Mayor James Fiorentini can rescind the ordinance at any time by notifying the city clerk in writing. [and ther telecommuting rules include: A quorum of the body, including the chairman or the person running the eeting, must be physically present at the meeting location; members of a public body who participate remotely all people at the meeting location must be clearly audible to each other; and all votes taken during a meeting in which a member participates remotely must be by roll call vote. Any costs incurred by the city in allowing remote participation must be paid by the councilor who ecommutes. ShareThis Facebook Tweet LinkedIn Email 1§ Text Only I Photo Reprints Haverhill • City council supports dog park plan HAVERHILL -- Mayor James Fiorentini gained the City Council's support last night to apply for a grant to build a dog park in the city. Fiorentini proposed having two fenced -in areas at the rear of Riverside Park. One area would be for small to large Continued Updated Oct 30, 2013 12:54 am 1 Comment • Haverhill Councilor's proposal could save city, taxpayers millions HAVERHILL -- A proposal to have the new Hunking Middle School built off site could result in millions of dollars in savings to Haverhill's taxpayers according to one City Councilor. At last night's meeting, Councilor Colin LePage said there is no que /if of 11 10/100011 R-17 AM — Falm ipauin, iv, u,ccuug „> i ucai ivews» N... nttp:ii www. newbUryportnews .com /locaUx1472215116 /Selectmen -0... WEST N WE,R =UJ1Y — The ability for residents to participate on municipal boards and committees just got a little bit easier. At a meeting this week the Board of Selectmen adopted a state provision that allows for members of a town panel to participate from a remote location in a meeting that is being held locally. The idea arose during a discussion with the two newest members of the Board of Fire Engineers, Bob Janes and Mary Ann Fowler. Janes noted that — in what appears to be a violation of the state Open Meeting Law — the previous three - member panel occasionally held meetings with fire engineer Mark Hemingway on speakerphone while he was out of town on business. Because selectmen had yet to adopt the remote participation provision, under state Open Meeting Law regulations, those meeting should not have taken place. According to Town Counsel Michael McCarron, minutes of the Board of Fire Engineers' meetings reflect those times when Hemingway participated by telephone. "It showed that he did so a couple of times over the last year,” noted McCarron. According to the Open Meeting Law, some very specific requirements must be met before remote participation can occur. A member who wishes to participate remotely must notify the chairman as soon as possible and provide a reason for and facts supporting the request. Permissible reasons, as determined by the chairman, include personal illness or disability, emergency, military service or geographic distance. "You can't just stay home because you want to watch the Bruins game," Kemper quipped. At the start of the meeting, the chairman must announce the name of the member who is participating remotely and the reason. This information must be included in the minutes of the meeting. (�AII votes for that meeting must be taken by roll call. If the board goes into executive session, the member who is participating remotely must state at the start of the closed session that no one else is present in the room, unless that person is approved to participate by a simple majority vote of the public body. When feasible, the member participating remotely should be provided in advance with copies of documents or exhibits to be used at the meeting. The documents and their use should be included in the minutes. All people present at a meeting where membership is participating remotely must be able to clearly hear each other. The remote participant may vote on motions and should not be deemed absent. But the meeting may only occur if a quorum of the board is physically present at the local site. The only permissible media methods for remote participation are telephone, Internet or satellite- enabled audio or video conferencing or any other technology that allows clearly audible and visual participation from everyone. The public body decides which of these methods is acceptable. If technical difficulties result in the disconnection from the meeting of a person participating remotely, the time Yof disconnection must be noted in the minutes. Ultimately, it's the chairman's call on how to deal with the technical problem, but the attorney general's office encourages suspending the discussion until the technical '!- problems are resolved and the person in the remote locale can clearly hear and be heard by everyone at the meeting. of 19 ani AAA V1V%,,,,V,, .Jn , V,,,V►o Na,►,c,pa►wu ►v, u►eeungs » LOCa„vews » ,v... mip :iiwww.newourypormews.comnocavx 14Izz i D i lbiseiectmen -U... The provision must be adopted by a simple majority of the selectmen and be applied to all local public bodies in that municipality. Selectmen can also revoke this provision in the same way and are authorized to add further restrictions on this practice as long as they don't run contrary to the statute. The regional school committee must take its own separate vote in order to conduct meetings with remote participation. The state attorney general's office "strongly encourages" members of public bodies to attend meetings in person whenever possible and to do everything they can to "promote transparency with regard to deliberations and decisions on which public policy is base . Sele en also discussed with t engineers an apparent mistake in how the clerk of the Board of Fire Engineers has be paid. Since 2006, t clerk has been receiving pay at a grade 3 level when he should have been receiving ay at grade 4. cCarron explained that the town's compensation schedule is "only a guide, not a guarantee." does no constitute a contract and the employee already accepted the lower rate, so the town is not legally require ay him back for past earnings, McCarron said. However, selectmen agreed to rectify the mistake going f r d. Accordin o Finance Di for Warren Sproul, in 2006, the pay range under grade 3 was $12.03 - $15.64, while I de 4 it was $14.42- 8.04. In fiscal year 2014 the range for grade 3 is $14.31- $18.60 and for grade 4 is $17.1 - $21.46. ShareThis Facebook Tweet LinkedIn Email 1§ Text Only I Photo Reprints • Busy 'roundabout' to be closed to all traffic Friday / NEWB PORT -- The Spofford Road roundabout will be c sed to all traffic Friday to allow for contracto to conduct a final paving that day, weather per tting. The roundabout will continue to be closed to 11 vehicles larger than pickup trucks toda Continued ... Posted 5 hours a 2 Comments • Coaklev. DeLeo in mesbury to discuss domestic violence AMESBURY -- Looking to s engt n state domestic violence laws, Attorney General Martha Coakley and House Speaker Ro DeLeo yesterday visited the Jeanne Geiger Crisis Center, known nationally for its effort o p tect victims of domestic abuse an Continued ... Posted 5 hours ago 2 P otos • Holadgy leads in ca Daign funds NEWBURYPO T -- Mayor Donna Holaday continues lead the candidates in fundraising, according to ampaign finance forms filed with the city cl this week. Holaday, running for her third term, aised $9,009 between Sept. 8 and Oct. 26, accords to Posted S hours ago • Vogel seeks to'help my communityagain' 0 -� a� of 17 10/30/2013 8:21 AM FOR JULY 10, 2013 A Special Meeting of the Board the Board of Selectmen was held on Wednesday, July 10, 2013 in the Conway Hearing Room at 7:00 p.m. Present were Selectman David Gagliardi, Chairman, Selectman Robert Accomando, Vice Chairman, Selectman Michael Rosa, Secretary, Selectman Andrew Deslaurier, Member, Selectman George Simolaris, Member, Assistant Town Manager Cathleen O'Dea. Absent was Town Manager John Curran. CALL TO ORDER Chairman David Gagliardi called the meeting to order at 7:00 p.m. and stated all were present except for Selectmen George Simolaris. NEW BUSINESS APPOINTMENT — BOARD OF SELECTMEN RE-AePOINTMENT OF TOWN ACCOUNTANT Secretary ' hael Rosa stated that the first item on t Agenda was the reappointment of the Town Accountant. Selectman Michael Ro seconded �by S ectman Andrew Deslaurier, made a motion that the Billerica Board of Selectmen reapp t Tow ccountant Paul Watson. It was voted: 4 —In Favor 0 — Opposed (Selectman Simolaris absent) MEETING MINUTES JULY 10, 2013 PAGE 2 EMOTE PARTICIPATION ADOPTION Selectman George Simolaris entered the Meeting. Selectman Michael Rosa stated that the next Agenda item was Remote Participation Adoption. Assistant Town Manager Cathleen O'Dea stated that this was an authorization for the Town's Boards, Committees and Commissions to use Remote Participation. It allows members, for five (S) specific reasons, to participate remotely. Ms. O'Dea explained that the five reasons were for illness, disability, geographic constraints, military service and emergencies. Ms. O'Dea further elaborated on the methods by which members could participate and passed out material prepared by Town Counsel beginning with the motion and procedures, rules and regulations pertaining to Remote Participation. Ms. O'Dea pointed out to the Board that per the CMR, they could put their own policies and procedures in place regarding Remote Participation. She further stated that the Town Manger's Office had done a survey of other communities who have adopted Remote Participation. % A discussion then took place among Board members as they stated their opinions and concerns on the matter. Selectman Michael Rosa, seconded by Selectman Andrew Deslaurier made a motion that the Billerica Board of Selectman adopt: Authorization of Remote Participation by Town Board, Commission and Committee Members MOTION: I move pursuant to the provisions of the Massachusetts Open Meeting Law, G.L. c.30A, §20(d), and the Regulations promulgated thereunder, 940 CMR §29.10, that the Board authorize the use of remote participation at public meetings of all Town multi- member bodies, subject to the terms and conditions set forth below. ��,o MEETING MINUTES JULY 10, 2013 PAGE 3 In accordance with the requirements of the Massachusetts Open Meeting Law, G.L. c.30A, §20(d) and 940 CMR 29.00, section 29.10, The Board of Selectmen hereby authorizes remote participation for all appointed and elected Town Boards, Commissions, Committees and other "public bodies" as defined by the Open Meeting Law (hereafter, a "public body "), subject to and in accordance with the following terms and conditions. The Selectmen emphasize that pursuant to the requirements of the Remote Participation provisions of the above - referenced Regulations issued by the Attorney General, a quorum of the public body, including the chair or, in the chair's absence the person authorized to chair the meeting, must be physically present at the meeting location, as required by G.L. c. 30A, sec 20(d); and members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of G.L. c. 39, sec. 23D. 1) Reasons Warranting Remote Participation: • Personal illness • Personal disability • Emergency • Military service • Geographic distance 2) Approved Technology for Remote Participation The following media are acceptable methods for remote participation. Remote participation by any other means is not permitted. (Accommodation shall be made for any public body member who requires TTY service, video relay service, or other forms of adaptive telecommunications). Telephone, internet, or satellite enabled audio or video conferencing. Any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another. • When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location. • 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. �dq MEETING MINUTES JULY 10, 2013 PAGE 4 The public body using remote participation may determine which of the foregoing acceptable methods will be used by its members. 3) Procedure for Utilizing Remote Participation: Step 1: 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. Step 2: 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. The chair's statement need not contain any detail about the reason for the member's remote participation. This information shall also be recorded in the meeting minutes. Step 3: All votes taken during any meeting in which a member participates remotely shall be by roll call vote. Step 4: 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 the presence of that person is approved by a simple majority vote of the public body. Step 5: 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 G.L. c. 30A, sec. 22. The Board of Selectmen reserves the right to revoke Town Board remote participation at any time under 940 CMR 29.10(3). MEETING MINUTES JULY 10, 201 PAGE 5 This authorization shall be reviewed by the Selectmen one year subsequent to the date of its implementation. 4) EFFECTIVE DATE: Pursuant to the vote of the Board of Selectmen (-3— in favor, 2_ opposed, _0_ abstaining) on July 10, 2013 this authorization shall become effective on upon passage. It was voted: 3 — In Favor a 2—Opposed V Se5 b ADJOURNMENT Selectman Michael Rosa, seconded by Selectman Robert Accomando made a motion to adjourn. It was voted: 5 — In Favor 0 — Opposed Chairman David Gagliardi adjourned the meeting at 7:30 p.m. A TRUE COPY ATTEST Sue Aker, Recording Secretary s �vt ctcutttcu vvtc INVIL w ntww I\e1ln)te rantc,patton - vvvermnent - ... nttp:niramingnam.paicn.com/ groups /poimcs -ana- elections /p /DOara -o... Framingham 37° Nearby Get the newsletter Join Sign In Home News Blogs Conversations Events Real Estate Buy /Sell /Trade Weekender Jobs Business Listings News I Government Selectmen Vote Not to Allow. Remote Participation After a presentation by Town Counsel on the state's new Open Meeting Law and a recent addition allowing the possibility of remote participation, Selectmen decided not to allow remote participation in Framingham. Posted by Tiffany Reevior , January 25, 2012 at 06:47 AM I Like 0 Tweet :0 With little further discussion, the Selectmen voted unanimously Boards h1ore » Got a question? Something on your mind? Talk to your community, directly. Post something Post Town Square Vocal Competition Deadline Nears Speak Out Hair Cuttery Offers to Spray Red Sox Fans... Halloween Costume Contest American Laser Skincare in Framingham is Town Square Raise Money for the Richard Fusco Foundation ... Business Updates Social skills groups /building friendships pla... Business Updates Openbay Launches First - Of- Its -Kind Online... Buy I Sell I Trade Hamilton Beach Espresso Machine Town Square found dog Town Square Chowder Cook Off 2 Town Square Flyers Host Braintree in Final Home Game of Advertise on Patch Call us today t 508.875.9600 Iks r1 Framingham, MA SG�2 of 6 10/30/2013 8:22 AM Framingham Board of Selectmen voted Tuesday night not to allow remote participation at meetings of town boards and committees, despite a new state law allowing Popular Stories the possibility of remote a Big Changes Coming to participation under certain Mass Pike circumstances. a Framingham Firefighter "I firmly believe as an elected Out of Coma and public official that you should be in Recovering From the room to make that vote," said a Vietnamese Restaurant Board of Selectmen Chair Jason Wants to Open Smith. Downtown, 2013 Boston... Selectman Dennis Giombetti said a Wayland Selectman he has never heard anyone in town Resigns express a wish for a remote participation option. He noted the Town of Framingham has more boards and committees than many other towns, so he did not believe remote participation would be practical. With little further discussion, the Selectmen voted unanimously Boards h1ore » Got a question? Something on your mind? Talk to your community, directly. Post something Post Town Square Vocal Competition Deadline Nears Speak Out Hair Cuttery Offers to Spray Red Sox Fans... Halloween Costume Contest American Laser Skincare in Framingham is Town Square Raise Money for the Richard Fusco Foundation ... Business Updates Social skills groups /building friendships pla... Business Updates Openbay Launches First - Of- Its -Kind Online... Buy I Sell I Trade Hamilton Beach Espresso Machine Town Square found dog Town Square Chowder Cook Off 2 Town Square Flyers Host Braintree in Final Home Game of Advertise on Patch Call us today t 508.875.9600 Iks r1 Framingham, MA SG�2 of 6 10/30/2013 8:22 AM ♦Vw 11V, w �uvw ,XcucVto rat ut tpattVtl - vvyalwllout - ... representatives from town boards and committees, let out a collective cheer when the vote was announced. Before the vote, Selectmen heard a presentation by Town Counsel Christopher Petrini and Heather White on the new Open Meeting Law, which is not so new, having gone into effect on July 1, 2010. A recent addition to the Open Meeting Law by Massachusetts Attorney General Martha Coakley added an option to allow remote participation in public meetings under certain circumstances. The decision on whether or not to exercise the remote participation option rests with each local executive body of government, which is the Board of Selectmen in the Town of Framingham. Remote participation could not have applied to Town Meeting, but could have applied to subcommittees of Town Meeting, as well as other board and committee meetings. In the end, the Board of Selectmen voted not to allow remote participation at all in the Town of Framingham. In addition to discussion of the remote participation option, Town Counsel gave an overview of the new Open Meeting Law and how it has changed the way some committees should operate. Among the changes are requirements for minutes taken at meetings, changes to the content of minutes, and the use of documents at meetings. Despite the fact the law has been on the books for over a year, there were many questions from various town board and committee members about the practical implications of the law. I ttp:n I 1411 utgnan►.patcn.comi groupsi ponrlcs- ana- elecrlonsip /Doara -o... Town Square Mommy /Daddy & Me Brick - Builders Class Buy I Sell I Trade Barbieri Indoor Yard Sale 10/26,9-2 Speak Out Little Shop of Horrors at Amazing Is BUY I Sell i Trade Garage sale 10/26 in Sherborn Speak Out LOOKING TO WORK FROM HOME? NO Business Updates Google Business Photos - A Virtual Tour Of... Buy I Sell I Trade MOVING SOON I have a few things for sale air... Town Counsel answered questions during public comments, Buy I Sell I Trade clarifying the new Open Meeting Law as it related to executive overhead projector session, for example, including when executive sessions should be called and how much information on them should be conveyed in the agenda. speak out More Treats for a Happy Many public comments expressed frustration with the new law Marriage and additional hassles it created. Some committees have met in private homes, but under the new Buy I Sell I Trade law are required to hold meetings at public buildings that are Large $ CASH $ reward handicapped accessible. for vintage bicycles Interim Valerie Mulvey said minutes for standing committees and subcommittees, as well as for boards like the Board of Selectmen, Business updates must be submitted to the Town Clerk within 45 days of the public Framingham Real Estate meeting. Agent... Mulvey said the minutes don't have to be posted on the town website, but will be put there if submitted electronically. Buy I Sell 1 Trade Twin Size Bed from This 16 Comments Recommend Like 0 Tw"t 0 End Up From the Web Sponsored Content by Taboola Buy I Sell I Trade King Size Sleigh Bed � riy 1 Speak Out CA Technologies Employees Volunteer 101 Year Old Marathon Homeowners Are In For What Kids Who Don't Town Square Runner Shares His A Big Surprise... Eat Vegetables Look Secret to Never Endin... Smart Life weekly Like When They Grow... Open House, Saturday HealthFirst Nick Mom October 26 2013, 1:00 - ... More from Patch More from the Web Business Updates Carol Landry Joins • Framingham Breakfast Eatery • Make $1000's Per Day with Penny Hammond Residential... Has Closed Stocks? (Invests.com) • UPDATED: 20- Year -Old • Gran Turismo 6 Will Be Incredible Motorcyclist Injured on Route 9 (Playstation) 5 213 of 6 10/30/2013 8:22 AM iris. wwwunnics test new remote paruc,pauon provision in open... nt tp:ii www. norEneastem. eawrirstamenamenicenterizp =iuss Mass. communities test new remote participation provision in Open Meeting Law Posted by admin on 26 September 2012, 12:43 pm By Richard Lodge, editor, MetroWest Daily News of Framingham, Mass. Almost a year after a change to the Massachusetts Open Meeting Law allowing remote meeting participation by city or town officials - under special circumstances - fewer than a dozen Bay State communities have adopted the idea. In MetroWest, Franklin, Natick, Southborough, Wayland and the Mendon -Upton Regional School District have approved the idea of board or committee members who might be traveling, or otherwise unable to make a meeting, taking part by phone or via Skype. MetroWest Daily News reporter Brian Benson wrote recently about the remote participation idea, citing Franklin Town Councilor Thomas Mercer as one big proponent. Last spring, Mercer was in China on a business trip, when he joined the discussions at a Franklin Town Council meeting via a Skype connection. "It was unbelievable," Mercer told Benson. "It was like I was sitting in the room. I could hear the audience speak and could hear everything." The idea isn't without detractors, though. Hudson selectmen this week (Sept. 24) heard from chairmen from the town Finance Committee, Planning Board, Economic Development Commission and Zoning Board of Appeals, who all spoke against remote participation in meetings. FinCom Chairman John Parent cited concern over having to buy new technology to allow remote participation and problems that could arise if the audience couldn't hear the board member on the speaker phone or computer connection and vise versa. "I see absolutely zero benefit in approving this," Parent told Hudson selectmen. As the regulation is written, remote participation is allowed when physical attendance at a public meeting is unreasonable because of personal illness, disability, emergency, military service or geographic distance (such as Mercer's business trip to China). In addition, the regulation requires remote participation to be approved by a community's chief Q2� of 7 10/10/7011 920 AM »��. ��...........�� I— lvjijuLV Fulumnpalltill p,vv,nwu u, vpcu... nup ✓ /www. nor[ neastem .eawrirstamenamentcenter /'!p =12583 executive, typically a board of selectmen or mayor. It also requires a quorum of a board be physically present and allows either teleconferencing or videoconferencing. One booster of the remote participation option is Natick Selectman Josh Ostroff, president of the Massachusetts Selectmen's Association. "Anything we can do to encourage citizen involvement is good for our communities. ...It should not be the norm, but government needs to recognize the busy lives of volunteers by occasionally participating remotely," Ostroff told the Daily News. Contact: rlodge @wickedlocal.com; on Twitter: RichardKLodge Filed under Massachusetts, Open Meeting Law Tagged Brian Benson, Franklin Town Councilor Thomas Mercer, Hudson Finance Committee Chairman John Parent, Massachusetts Selectmen's Assocation, MetroWest Daily News, Open Meeting Law, Richard Lodge Permalink �-k zS of 2 10/30/2013 820 AM Schena, Paula From: Gemme, Laura Sent: Wednesday, October 23, 2013 10:41 AM To: LeLacheur, Bob Cc: Schena, Paula Subject: RE: Remote participation .- The text below is the process for adopting remote participation from the AGs office information. There does not need to be a public hearing... Remote participation may be used during a meeting of a public body if it has first been adopted by the chief executive officer of the municipality for local public bodies, the county commissioners for county public bodies, or by a majority vote of the public body for retirement boards, district, regional and state public bodies. The chief executive officer may be the board of selectmen, the city council, or the mayor, depending on the municipality. See G.L. c. 4, § 7. If the chief executive officer in a municipality authorizes remote participation, that authorization must apply to all public bodies in the municipality. 940 CMR 29.10(2)(a). However, the chief executive officer determines the amount and source of payment for any costs associated with remote participation, and may decide to fund the practice only for certain public bodies. See 940 CMR 29.10(6)(e). In addition, the chief executive officer can authorize public bodies in that municipality to "opt out" of the practice altogether. See 940 CMR 29.10(8). Laura A Gemme, CMMC Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781 - 942 -6647 (F) 781 - 942 -9070 (E) Igemme(&ci. reading. ma. us (W) http• / /www.readinama.aov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 AM to 5:30 PM Tuesday - 7:30 AM to 7:00 PM Friday - CLOSED When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. From: LeLacheur, Bob Sent: Wednesday, October 23, 2013 10:00 AM To: Gemme, Laura Cc: Schena, Paula Subject: Remote participation I'd like to add this to the 11/5 BOS agenda. Does it need to be a Hearing if they might approve this all in one night? I& Robert W. LeLacheur, Jr. CFA Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 townmanager @ci.reading. ma. us (P) 781 - 942 -9043 (F) 781 - 942 -9037 www.readingma.gov Please fill out our brief customer service survey at: http• / /readinsma -survey virtualtownhall net /survey /sid /8cebfd833a88cd3d/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED Memo To: Robert W. LeLacheur, Jr., Town Manager From: George J. Zambouras, Town Engineer CG: Board of Selectman Date: October 23, 2013 Re: Saugus River & Aberyona River Drainage Study Attached please find the executive summary for the Drainage Study prepared by our consultant AECOM. The full Drainage Study Report will be available electronically for distribution by Monday. e Page 1 S EXECUTIVE SUMMARY Aberjona River and Saugus River Drainage Study Summary Report for Town of Reading, Massachusetts View of Walker's Brook by Track Road Neighborhood October 2013 Prepared by A=COM 5/,2 V EXECUTIVE SUMMARY Introduction and Background At the request of the Town of Reading, AECOM performed a study to analyze localized flooding and drainage issues within portions of the Aberjona River and Saugus River watersheds. The objectives of this study were to: • Evaluate existing conditions along sections of Walkers Brook (tributary to Saugus River) and the Aberjona River; • Develop alternatives for improvement of the existing channels and conduits; • Provide an estimate of construction costs for recommended alternatives; • Identify recommended alternatives; and • Develop a proposed implementation schedule for the recommended alternatives. The focus of investigations was the four study areas that comprise the project limits defined by the Town, as shown in Figure ES -1. Areas 1, 2, and 3 are located within the Saugus River watershed, and Area 4 is located within the Aberjona River watershed. AECOM performed a comprehensive site walk of the four study areas with several Town of Reading officials to identify the major problem areas and developed possible alternatives to improve the flooding and drainage issues for each problem area. The Town's general goal for its drainage system is to provide capacity for up to the 25 -year flood event (i.e. 25 -year level of service). AECOM then performed a hydrologic and hydraulic analysis of the study areas to evaluate existing conditions and develop a refined list of possible alternatives, and applied additional evaluation criteria to the alternatives. The following sections provide an overview of the methodology used to perform this analysis, the results of the analysis, and AECOM's conclusions and recommendations. Additional detail is provided in the Final Aberjona River and Saugus River Drainage Study Summary Report. Hydrologic and Hydraulic Models Modeling was conducted to estimate hydrologic and hydraulic conditions for the four study areas. Modeling was previously conducted for portions of the project area as part of Federal Emergency Management Agency Flood Insurance Studies. The available models were reviewed, and updated hydraulic models were created for the four study areas. As part of the model development, AECOM conducted extensive review of available record information, conducted supplemental survey, and performed field investigations. The Saugus River model (which covers Areas 1, 2, and 3) was run to simulate design storms under existing conditions. The only instances of flooding for the 25 -year flood include the areas of Minot j Main Street, some residential backyards at Sunnyside Avenue, and Fairview Avenue. The Aberjona River model (which covers Area 4) was also run to simulate design storms under existing conditions. The model does not predict any roadway flooding at the crossing locations in the model for the 25 -year design storm (despite ponding occurring in adjacent low lying areas), which meets the Town's level of service requirement. A third model was developed for the Bond Street neighborhood within Area 4. This model indicates that the drainage system capacity for this neighborhood is exceeded for the 2 -year design storm and localized flooding is experienced. ES -1 � 3 S , Re - Tw ! To C4 71 rA , =[a 0 N Development and Evaluation of Alternatives Twenty -three alternatives and /or sub - alternatives were developed and evaluated by AECOM to address the major problem areas determined through coordination with the Town. As identified in the scope of work for this study, the following items were considered for each alternative as part of the evaluation process: • Hydrologic / hydraulic impacts (i.e. flooding) • Wetland resource areas and wildlife impacts • Regulatory/ permitting requirements • Impacts to abutting properties • Aesthetics • Maintenance requirements • Potential for passive recreation • Construction cost The most important criterion for each alternative is whether it meets the project need (e.g. mitigates flooding). If an alternative did not meet this criterion, then it was dropped from further consideration and all of the evaluation categories identified above were not assessed. Based on the evaluation results, the following alternatives are recommended for further consideration by the Town to alleviate flooding and other drainage - related concerns: Alternative Al -la: Stabilize Walkers Brook Bank with Biodegradable Erosion Control Blanket and Plantings of Native Vegetation. This alternative is recommended to stabilize approximately 100 linear feet of the Walkers Brook channel bank located downstream of Line Road that exhibit signs of erosion. If desired, the Town could perform a more comprehensive bank restoration project for Walkers Brook that stretches approximately 1,500 linear feet from the Reading j Wakefield town line to the wetland located upstream of the Track Road neighborhood (a total of approximately 3,000 linear feet of bank). Alternative A24a: Replace Bolton Street Open Channel with Precast Culvert. An existing open granite block wall drainage channel in the backyards of Bolton Street residential lots poses a safety and liability concern. The recommended alternative would replace the existing deteriorated granite block walls with an enclosed pre -cast box culvert and establish lawns over the top of the culvert. Alternative A3 -1a: Mitigate Flooding at Sunnyside Avenue and Fairview Avenue. Flooding in the Sunnyside Avenue and Fairview Avenue area is due to undersized pipes. The recommended alternative involves increasing the size of the undersized pipes to provide a 25 -year level of service for this residential area. A gate structure would be integrated at the downstream end that would mitigate adverse downstream impacts due to the upsizing of the pipes. Alternative A3 -2b: Mitigate Flooding at Minot Street / Main Street. Flooding in the Minot Street / Main Street area is due to undersized pipes. The flood flow travels overland through the Enterprise Car Rental facility into the Percy Avenue / Main Street wetlands. The recommended alternative consists of adding a new outfall in the vicinity of Minot Street / Main Street and increasing the size of the pipes above the Minot Street / Main Street connection to provide a 25- year level of service for this area. A gate structure would be integrated at the downstream end that would mitigate adverse downstream impacts due to the upsizing of the pipes. E_, Sys Alternative BS -6: Second Outfall at Bond Street Overtopping Manhole and Limited Removal of Sediment. Flooding in the Bond Street area is due to undersized pipes and a partially blocked outfall. The recommended alternative involves limited removal of sediment in the vicinity of the outfall pipe that discharges to the nearby wetland and creating a second outfall above the ground surface at a manhole that has historically overtopped during flood events to provide a stormwater overflow relief. Drainage overflow would exit the manhole through the opening without lifting the manhole cover, and the flow would be directed toward the wetland in a defined channel designed to prevent erosion. The model results indicate that the second outfall and limited removal of sediments is able to eliminate flooding at the overtopping manhole and the next manhole downstream for the 100 -year design storm. Alternative BS -7: Mitigate Flooding at Lower Bond Street. Alternative BS -6 is focused on controlling the overflow at the overtopping manhole near Bond Street. Another problem is the overland flow in the driveways at lower Bond Street. The source of water flowing over the driveways in lower Bond Street is the gutter flow from Lowell Street and upper Bond Street. In other words, flow that is not able to enter the Lowell Street or upper Bond Street drainage systems is flowing overland through the gutter system to lower Bond Street, where it is contributing to flow overtopping the driveways of the private residences. This alternative represents a longer -term, comprehensive approach to achieve the Town's desired 25 -year level of service for this area and includes the work described for Alternative BS -6 as well as upsizing significant portions of the drainage system in the Bond Street / Lowell Street / High Street area. While several of the Aberjona River alternatives that were assessed for this study are predicted to alleviate flooding conditions for events greater than the 25 -year design storm, none of these alternatives is recommended at this time since the existing conditions meet the Town's level of service requirement that was established for this study. If the Town desires to provide a greater level of service for Area 4, then these alternatives should be revisited and further developed. The additional suggested improvements for the Aberjona River summarized in Table ES -1 were not evaluated in detail as part of this current study. However, since they provide beneficial improvements to the drainage system, they are noted in the event the Town chooses to address them as part of future stormwater management. Table ES -1. Aberjona River Improvements for Future Consideration Improvement Description Drainage maintenance activities between Lowell Street and the MBTA Maintenance of Aberjona railroad crossing with the assistance of the Eastern Middlesex Channel Mosquito Control Project are recommended to provide localized drainage benefits and minimize mosquito breeding habitat. Replace Reading High School If and when the athletic field is reconstructed, it is recommended that Athletic Field Culvert the Town consider replacing the existing pipe with a larger pipe to improve existing conditions. It is recommended that the Town consider replacing the culvert under Replace Culvert Under the walkway to Whittier Road with an open span crossing to eliminate Walkway to Whittier Road this restriction and potentially alleviate flooding conditions in the area. Optimize Operating Procedures It is recommended that an operating policy be developed to optimize for the Castine Field Area use of the Castine Field weir to aid in flood mitigation efforts. ES -4 (� (p �p S `� At the request of the Town, AECOM performed a visual inspection of three bridges spanning Walkers Brook at Track Road and Harvest Road. This inspection is separate from the Town drainage issues that are the focus of this study; however, the results of the inspection have been incorporated into the drainage study summary report. Based on the results of the inspection, AECOM recommends replacement of the Track Road (West) bridge to address deficiencies in structural capacity of the bridge. Concept Level Construction Costs and Preliminary Schedules for Recommended Alternatives Concept level cost estimates were developed for the recommended alternatives. The costs reflect estimated construction costs only, and do not include costs associated with design, permitting, easements, or land acquisitions. These additional costs could be significant, particularly for recommended alternatives that would require multiple permits and approvals due to the type and extent of the proposed work (such as the comprehensive version of Alternative Al -1a, Alternative BS -6, and Alternative BS -7). These estimates are intended only for relative screening and prioritization of the alternatives and should not be used for design or budgeting purposes. More refined cost estimates would need to be developed as part of conceptual or preliminary design efforts. All construction cost estimates include 20 percent for Contractor's overhead and profit plus 30 percent contingency allowance. The construction cost estimates are summarized in Table ES -2. Table ES -2. Summary of Estimated Construction Costs for Recommended Alternatives Recommended Alternative Estimated Construction Cost' Alternative Al -1a: Stabilize Walkers Brook Bank with Biodegradable Erosion Control Blanket and Plantings of $5,000 - $150,000 Native Vegetation Alternative A2 -1a: Replace Bolton Street Open Channel with Precast Culvert $320,000 Alternative A3 -1a: Mitigate Flooding at Sunnyside Avenue and Fairview Avenue $1,150,000 Alternative A3 -2b: Mitigate Flooding at Minot Street / Main Street $1,220,000 Alternative BS -6: Second Outfall at Bond Street Overtopping Manhole and Limited Removal of Sediment $40,000 Alternative BS -7: Mitigate Flooding at Lower Bond Street $1,300,000 Replace Track Road (West) Bridge $1,400,000 1. Reflects estimated construction costs only, and does not reflect costs associated with design, permitting, easements, or land acquisitions. 2. Estimated construction cost range reflects limited bank stabilization (100 linear feet) vs. comprehensive bank stabilization (3,000 linear feet). Preliminary project schedules for the recommended alternatives were also developed. The projects could be combined into a comprehensive drainage capital improvement program if desired by the Town, or implemented individually as funding permits. The preliminary project schedules account for five main elements to consider when implementing the projects: preliminary design, permitting, design, bidding and award, and construction. The greatest variable in the project schedules for the recommended alternatives is the anticipated duration of construction, ranging from 3 or less months for the smaller scale projects (such as Alternative Al -la and Alternative BS -6) to 12 months for the more intensive, complex projects (such as Alternative A3 -1a , Alternative A3 -2b, and Alternative BS -7). ES -5 50' Community Do you have a Water 11 Abatement Program? if yes, what are the 2; guidelines? !What kind of documentation is 3( required? Do you have a specific 41 form? i Can a household receive 5i more than one? Specific Abatements for: _+ _ _ -------- -------- ____ I Pool Initial Fill? Refill? i Peer Communties Survey DPW Issues 10/31/2013 READING Andover(1) 1 Bedford(2) Belmont(3) Burlington(4) Yes, however, since No formal written our radio read policy to request program we do very 1 yes- documented abatement for high Yes few. leaks i bill Yes In riot ears Resident must submit abatements were I I request to Collectors Office; they review for done to adjust prior abatements and conformance to estimated readings to actual readings, both 1 state your case, Decisions are made on Only for documented approved criteria in $ and usage. g hardship p_ case-by-case a case -b -case basis y leaks — - - - -- Resident sends a - letter requesting an abatement to 3- (None. We review An actual reading by 1 person Water 1 meter data in the Repair documentation the meter reader. 1 history, etc Advisory Board office No No 1 yes No ( No _ Only once for a leak. Repair leak before No No potentially i No adjustment made i - - - - - - - One -time sewer only abatement per address at rate in effect on building permit date Yes Only if abatement wa: not recd on initial fill 0 a IR •7 a No 0 T' Peer Communties Survey DPW Issues 10/31/2013 Community READING Andover(1) Bedford(2) Belmont(3) Burlington(4) We abate water Toilets and /or sewer; repair 7 documentation req'd No potentially No Yes Sprinkler leaks We abate only sewer 8 for excess volume No No No Yes - they also check We review Do your water personnel as a result of High- information collected check when reported? Low report during for meters in the 9 Yes---- No yes qtrly billing office If no, did you ever have a ,water abatement 10 program in the past? n/a No n/a or considering one in the 111 future? n/a No n/a I Frequency of I water /sewer bills 12 Quarterly Bi- annual Bi- annual quarterly Bi- annual What month do you Normally start of the 13 adjust your rates? beginning of FY ? beginning of FY July 1st fiscal year yes block rates. 0 -3000 = 5.68 hcf Do you have different 3000+ = 6.53 hcf rates by usage? Qtrly meter charge = 17.95 Lifeline 14 No No yes - 2 tiers rate =3.98 hcf yes Do you allow second meters for irrigation? Yes, at the same rate; yes - they are billed at yes, at a separate 15 No no sewer charge yes, premium rate 6.85 hcf water only rate Peer Communties Survey DPW Issues 10/31/2013 Community READING Andover(1) Bedford(2) Belmont(3) Burlington(4) Do you have a process for excluding debt onto tax rate? 16I No - enterprise fund No no - enterprise fund No What are your thoughts about the debt relief legislation proposed by Sen. Clark? 17 no knowledge don't know the details Great Mailboxes damaged during snowstorms Do you have a mailbox We replace in -kind; no may be replaced by a Yes, we repair or replacement policy? If standard issue by our yes, please detail. dollar limit Highway Dept or replace with standard replace with standard mailbox. We do not residents may be mailbox -value up to no have few repair or replace 18 reimbursed up to $75. $75 mailboxes custom mail boxes v l t..A S W Q\ T Peer Communties Survey DPW Issues 10/31/2013 Community READING Canton(S) Danvers(6) Dedham(7) Lynnfield(8) Do you have a Water Abatement Program? Yes yes No No Never abate water; Resident must submit occasionally abate request to Collector's Office; they review for sewer if can prove prior abatements and water did not go If yes, what are the conformance to through system; case - guidelines? approved criteria nothing specific by -case basis f What kind of documentation is required? Repair documentation Do you have a specific form? No Yes No Can a household receive more than one? No potentially - Specific Abatements for: One -time sewer only abatement per Pool address at rate in effect on building permit date Initial Fill? Yes No Yes - Refill. Only if abatement was No, only if a repair; not rec'd on initial fill No doc. needed Peer Communties Survey DPW Issues 10/31/2013 Community READING Canton(5) Danvers(6) We abate water lets and /or sewer; repair documentation req'd No No inkier leaks We abate only sewer for excess volume No Do your water personnel Dedham(7) i Lynnfield(8) check when reported? Yes with an initial Yes Yes meter test if no, did you ever have a water abatement ;Program has been in program in the past? n/a place for several years, or considering one in the future? n/a l Frequency of water /sewer bills What month do you adjust your rates? Do you have different rates by usage? 11-^� Do you allow second LA meters for irrigation? 1 r j Quarterly for Residential /Monthly Quarterly quarterly for Commercial ginning of FY beginning FY uy oseaea _ � — July Fiscal Year, !Tiered Rate Structure: 0 -20 hcf = 5.42 20 -24hcf = 6.02 No yes- 4 tiers >24 hcf =7.71 Yes at same rate yes - separate structure as primary No irrigation meter meter l Bi- annual I beginning of FY tiers No Peer Communties Survey DPW Issues 10/31/2013 Community READING Canton(5) Danvers(6) Dedham(7) Lynnfield(8) No -all costs are Do you have a process for charged to rate excluding debt onto tax (including debt) or rate? No - enterprise fund No retained earnings. No Supportive as long as What are your thoughts it is appropriated about the debt relief annually. Sewer Rate legislation proposed by relief needs to be Sen. Clark? funded to previous no knowledge levels no knowledge Do you have a mailbox We replace in -kind; no replacement policy? If dollar limit yes, please detail. replace in kind- no replace mailbox up to dollar limit Yes $50 limit T 1 L9 C._\ J Peer Communties Survey DPW Issues 10/31/2013 Community READING Mansfield(9) Marshfield(10) Milton(11) Natick(12) no - rare, hardship Do you have a Water only /selectmen Abatement Program? Yes No No No decide Resident must submit request to Collector's Office; they review for letter to director in prior abatements and extreme If yes, what are the conformance to circumstances - very guidelines? approved criteria rare What kind of documentation is required? Repair documentation Do you have a specific form? No Can a household receive more than one? No Specific Abatements for: One -time sewer only abatement per Pool address at rate in effect on building permit date Initial Fill? Yes yes- initial fill/ one yes- initial fill /1 -time yes- initial fill - sewer Yes- # times flexible time sewer only swr only only Refill? Only if abatement was not rec'd on initial fill v LSA Peer Communties Survey DPW Issues 10/31/2013 Community READING Mansfield(9) Marshfield(10) Milton(11) Natick(12) We abate water Toilets and /or sewer; repair documentation req'd Sprinkler leaks We abate only sewer for excess volume Do your water personnel check when reported? Yes yes Yes Yes Yes If no, did you ever have a water abatement program in the past? n/a no No No No or considering one in the future? n/a no No No No Frequency of quarterly quarterly water /sewer bills residential /monthly residential /monthly Quarterly commercial commercial quarterly quarterly What month do you adjust your rates? beginning of FY i Do you have different rates by usage? No yes -4 tiers yes -4 tiers i yes- 4 tiers yes - 4 tiers Do you allow second meters for irrigation? No Yes Yes Yes Yes Peer Communties Survey DPW Issues 10/31/2013 Community READING Mansfield(9) Marshfield(10) Milton(11) Natick(12) Do you have a process for excluding debt onto tax rate? No - enterprise fund No No No No What are your thoughts about the debt relief legislation proposed by Sen. Clark? Do you have a mailbox replacement policy? If yes, please detail. —\ QA N r We replace in -kind; no dollar limit will be on needs basis -' knows about the bill, thinks MWRA towns doubts smaller town penalized due to no knowledge will benefit other programs no knowledge yes - replace if hit by yes- replace up to $50 , plow - no replacement non issue - mail yes- replace up to value. if from plowed snow doorstop delivery only, limit- approx $60 a Peer Communties Survey DPW Issues 10/31/2013 Community READING North Andover(13) North Reading(14) Shrewsbury(15) Stoneham(16) no- water, only sewer Do you have a Water no- very rare on a case by case Abatement Program? Yes Yes NO basis Resident must submit request to Collector's Office; they review for prior abatements and Must provide proof If yes, what are the conformance to that a leak was guidelines? approved criteria repaired. What kind of documentation is required? Repair documentation Receipt - - Do ou have a specific Y P form? No Yes Can a household receive more than one? No Yes Specific Abatements for: One -time sewer only abatement per Pool address at rate in effect on building permit date Initial Fill? Yes no- stopped few years yes- initial fill /1 -time Yes ago _- repair /swr only Only if abatement was T Refill? not rec'd on initial fill Yes C. T1 T Peer Communties Survey DPW Issues 10/31/2013 Community READING North Andover(13) North Reading(14) Shrewsbury(15) Stoneham(16) We abate water (Toilets and /or sewer; repair Yes with proof of documentation req'd repair Sprinkler leaks We abate only sewer Yes with proof of for excess volume repair Do your water personnel check when reported? Yes Yes If no, did you ever have a (water abatement program in the past? n/a NO or considering one in the future? n/a would like to Frequency of water/sewer bills Quarterly quarterly quarterly What month do you adjust your rates? beginning of FY July beginning of FY Do you have different rates by usage? Yes, anything over 20 units gets a higher No rate 3 tier Do you allow second meters for irrigation? No Yes NO quarterly quarterly ;inning of FY August billing (es- 3 tiers NO no - 10 yr moratorium yes- ended sept 2012 1 Peer Communties Survey DPW Issues 10/31/2013 Community READING North Andover(13) North Reading(14) Shrewsbury(15) Stoneham(16) Do you have a process for excluding debt onto tax enterprise fund, self no enterprise, but full rate? No - enterprise fund sustaining cost accounting NO What are your thoughts about the debt relief legislation proposed by Sen. Clark? no knowledge Do you have a mailbox replacement policy? If We replace in -kind; no yes, please detail. dollar limit yes, $50 max yes basic setup - max yes- up to approx Yes reimbursement $50 $150. 1 L..D r Peer Communties Survey DPW Issues 10/31/2013 Community READING Tewksbury(17) Wakefielcl(18) Walpole(19) Westborough(20) i no - requests Do you have a Water reviewed case by case' Abatement Program? Yes Not for water No basis No Resident must submit request to Collector's Office; they review for prior abatements and If yes, what are the conformance to guidelines? approved criteria Sewer to ground What kind of I documentation is required? Repair documentation Repair Invoice Do you have a specific form? No No /require letter Can a household receive more than one? No Sewer yes Specific Abatements for: One -time sewer only abatement per Pool address at rate in effect on building permit date Initial Fill? Yes yes - initial fill sewer yes initial fill sewer yes- initial fill sewer sewer only (1x) only only only Refill? Only if abatement was not rec'd on initial fill S- W 1 Peer Communties Survey DPW Issues 10/31/2013 Community READING Tewksbury(17) Wakefield(18) Walpole(19) Westborough(20) We abate water Toilets and /or sewer; repair No /neither water or documentation req'd sewer We abate only sewer Sprinkler leaks for excess volume Sewer only Do your water personnel check when reported? Yes No Yes Yes �— Yes If no, did you ever have a - water abatement program in the past? n/a No No No No or considering one in the future? n/a No possibly Frequency of water /sewer bills Quarterly Tri- annual quarterly every 70 days quarterly What month do you adjust your rates? beginning of FY March beginning of FY beginning of FY beginning of FY Do you have different rates by usage? No Yes - attached NO NO Yes Do you allow second billed meters for irrigation? Yes- at separate No Yes - attached NO seasonal rate no- moratorium 10 yrs S Community READING Do you have a process for excluding debt onto tax rate? No - enterprise fund What are your thoughts about the debt relief legislation proposed by Sen. Clark? Do you have a mailbox replacement policy? if We replace in -kind; no yes, please detail. dollar limit Peer Communtles Survey DPW Issues 10/31/2013 Tewksbury(17) { Wakefield(18) Walpole(19) Westborough(20) Sewer yes N/A NO I no 1 no i i aware of it- waiting no knowledge more details no knowledge selectmen policy - no yes- exact replacement unless yes- with standard yes - Attached replacement damaged by accident box up to $60 value �1 Peer Communties Survey DPW Issues 10/31/2013 Community READING Westford (21) Wilmington(22) Winchester(23) Do you have a Water Abatement Program? Yes No Resident must submit request to Collector's Office; they review for prior abatements and If yes, what are the conformance to guidelines? approved criteria What kind of (documentation is required? Repair documentatior Do you have a specific form? No Can a household receive more than one? No Specific Abatements for: One -time sewer only abatement per Pool address at rate in effect on building permit date Initial Fill? Yes Refill? Only if abatement wa: not rec'd on initial fill No _ - No CIN r -�J Peer Communties Survey DPW Issues 10/31/2013 Community READING Westford (21) Wilmington(22) I Winchester(23) We abate water Toilets and /or sewer; repair documentation req'd Sprinkler leaks We abate only sewer for excess volume Do your water personnel check when reported? Yes Yes Yes If no, did you ever have a water abatement program in the past? n/a No No No or considering one in the future? n/a No No No Frequency of water/sewer bills quarterly (Water Quarterly - Only) quarterly quarterly What month do you beginning of FY- last adjust your rates? beginning of FY beginning of FY rate increase FY 09 -- - - -- - -- -- - - — _ -- ---- --- _7 Do you have different Yes (3 Blocks, rates by usage? Different Rate for Residential and Non - No Residential) Yes Yes Do you allow second for meters for irrigation? es- still charge Y g No Yes NO sewer Community I READING Do you have a process for excluding debt onto tax rate? No - enterprise fund What are your thoughts about the debt relief legislation proposed by Sen. Clark? Do you have a mailbox We replace in -kind; replacement policy? If yes, please detail. dollar limit r-- Peer Communties Survey DPW Issues 10/31/2013 Westford (21) Wilmington(22) �, Winchester(23) yes - 865 water debt no in tax rate( chpt 110) i no knowledge no knowledge yes- with standard box up to $50 value � yes- replace in kind VETERANS DAY gfonofing af(who served.. . 11.11.13 11:00 AM Ceremony on the Common Veterans Day Breakfast — All are welcome! 9:00 AM — Pleasant Street Center