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2016-03-22 Board of Selectmen Packet
Approve Inter Municipal Agreement with North Reading, Saugus & Wilmington for Regional Housing Services Officer Delios 7:30 Board & Committee updates 7:45 Liaison Reports 7:30 Town Accountant Quarterly Report Angstrom 7:20 Change of Manager - Anthony's Coal Fired Pizza 7:35 Hearing Alteration of Premises - Liquor Junction LeLacheur 7:45 Hearing Amend Liquor License Policy Town Counsel 8:00 Town of Reading Financial Overview Ethics - Rules for an Override; Joint Meeting with School Committee and Library Trustees Town Counsel 8:15 Calendar & next steps LeLacheur 9:15 Hearing Water, Sewer and Storm Water Rates for FY17 (effective December 2016 billing) LeLacheur 9:30 Hearing Approve Amendments to FY16 Classification (Purchasing Agent to be shared with Schools) LeLacheur 9:50 Vote Annual Town Meeting Warrant Articles LeLacheur 10:00 Office Hour 6:30 Hearing Recreation Fees - joint meeting with the Recreation Committee LeLacheur 7:30 Reading Ice Arena Liason Report 7:45 CAB Member Report 8:00 Housing Authority Report 8:15 Hearing Amend Traffic Rules and Regulations - Police Station Parking Lot Segalla 8:30 Bylaw Committee - November 2016 Town Meeting recommended Bylaw changes Review Town Manager Goals LeLacheur Approve Inter Municipal Agreement with North Reading, Saugus & Wilmington for Regional Housing Services Officer Delios 7:30 Board & Committee updates 7:45 Liaison Reports 7:30 40B (Bylaw Committee - November 2016 Town Meeting recommended Bvlaw changes Office Hour ( ( 1 6030 1 Board & Committee updates: Council on Aging; 7:30 MAPC Member Report 7:45 RCTV Report 8:00 Board & Committee updates 7:30 Climate Advisory Committee Report 7:30 Human Relations Advisory Committee 7:45 Trails Committee 8:00 Office Hour I 1 1 6:30 Board & Committee updates 7:30 I IPreview Warrant for Subsequent Town Meeting I I I Close Warrant for Subsequent Town Meeting Close Warrant for Special Election 10/18/16 Vote Warrant Articles for Subsequent Town Meeting 11/14/16 Close Warrant ft Elections 11/8/16 icier: Article 1 General Operating Procedures LeLacheur Board of Selectmen Policies: Article 2 Volunteer Boards /Committees /Commissions LeLacheur Board of Selectmen Policies: Article 3 Licenses LeLacheur Multi Board /Committee Summit Reading 2020 Communitv Meeting Downtown Parking Joint Meeting with RMLD Commissioners Strout Avenue Master Plan liiscuss forming uanie Advisory committee - cable agreements expire 11/23/18 - 3yr formal process is allowed Town Counsel Recurring Items Close Warrant: Nov TM by 9/27 Close Warrant: Presidential & State Elections by 11 /1 (Elections are 11/8) Review BOS /TM Goals Mar & Sep Semi -ann Review Customer Service survey results Feb & Aug Semi -ann Review Regionalization efforts as needed Appointments of BCCs June Annual Approve Classification & Compensation June Annual Appoint Town Counsel June Annual Tax Classification Hearing October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Semi -ann Reading Housing Authority Report Annual Reading Ice Arena Report Annual BOS Appointed Boards, Committees & Commissions NEW Annual From: Robert W. LeLacheur, Jr. CFA Date: March 15, 2016 RE: BOS Agenda for March 22nd 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Next week you will be meeting at the Pleasant Street Center. First, Town Accountant Sharon Angstrom will provide her quarterly update to the Board. As of this writing there are no issues of concern. Next the Board will be asked to approve a change of Manager at Anthony's Coal Fired Pizza. The Police have vetted the applicant and have no objections. Town Counsel will be present to review how to handle a revised paint & sip request. The current exception for this purpose was created by the previous Town Counsel and may not be adequate to do the job, so he will have some suggestions. Attached is a copy of your current policy, as well as a memo from Town Counsel dated February 23, 2016. In reviewing the liquor policies and discussing the issue with Town Counsel, it would appear a comprehensive look at the Board's policies are in order, but are likely not needed for the issue in front of the Board. That is also a topic that will be reviewed briefly. For the next series of Reading Financial Overview topics, Town Counsel will lead a discussion of ethics surrounding an Override. This is a complex area as there are two state agencies that oversee this area, and (naturally) their regulations sometimes are in conflict. While Town Counsel will prepare a brief summary for officials and members of the general public, please be aware the best formal guidance on the topic is about 30 pages long. A Hearing at 9:30pm will allow the Selectmen to set water, sewer and storm water rates for the year beginning with the December 2016 billing. Attached is a presentation that is unchanged from when you saw it about a month ago. Generally we target a combined increase below 5% and this year that is again possible by using reserves. A Hearing at 9:50pm will consider a request to upgrade the vacant Purchasing Agent position by one grade. The Superintendent has agreed to have the town oversee all procurement activities for the School department, and these additional responsibilities are the reason for the request. We have failed in our first effort to hire a qualified candidate for the position, and we heard that combined town /school procurement is becoming more common and yields more desirable candidates for the position. At any time during the meeting when convenient, the Selectmen may choose to review the Annual Town Meeting Warrant and vote on the Articles. There have been no significant changes since it was previewed at your last meeting. Office of the Town Manager rip `'-two 16 Lowell Street j6J�tNCOPpO�P� Reading, MA 01867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: March 15, 2016 RE: BOS Agenda for March 22nd 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Next week you will be meeting at the Pleasant Street Center. First, Town Accountant Sharon Angstrom will provide her quarterly update to the Board. As of this writing there are no issues of concern. Next the Board will be asked to approve a change of Manager at Anthony's Coal Fired Pizza. The Police have vetted the applicant and have no objections. Town Counsel will be present to review how to handle a revised paint & sip request. The current exception for this purpose was created by the previous Town Counsel and may not be adequate to do the job, so he will have some suggestions. Attached is a copy of your current policy, as well as a memo from Town Counsel dated February 23, 2016. In reviewing the liquor policies and discussing the issue with Town Counsel, it would appear a comprehensive look at the Board's policies are in order, but are likely not needed for the issue in front of the Board. That is also a topic that will be reviewed briefly. For the next series of Reading Financial Overview topics, Town Counsel will lead a discussion of ethics surrounding an Override. This is a complex area as there are two state agencies that oversee this area, and (naturally) their regulations sometimes are in conflict. While Town Counsel will prepare a brief summary for officials and members of the general public, please be aware the best formal guidance on the topic is about 30 pages long. A Hearing at 9:30pm will allow the Selectmen to set water, sewer and storm water rates for the year beginning with the December 2016 billing. Attached is a presentation that is unchanged from when you saw it about a month ago. Generally we target a combined increase below 5% and this year that is again possible by using reserves. A Hearing at 9:50pm will consider a request to upgrade the vacant Purchasing Agent position by one grade. The Superintendent has agreed to have the town oversee all procurement activities for the School department, and these additional responsibilities are the reason for the request. We have failed in our first effort to hire a qualified candidate for the position, and we heard that combined town /school procurement is becoming more common and yields more desirable candidates for the position. At any time during the meeting when convenient, the Selectmen may choose to review the Annual Town Meeting Warrant and vote on the Articles. There have been no significant changes since it was previewed at your last meeting. READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 Emergency Only: 911 - All Other Calls: (781) 944 -1212 - Fax: (781) 944 -2893 Web: www.ci.reading.ma.us /police/ EXECUTIVE SUMMARY Change of Manager- Anthony's Coal Fired Pizza Chief Mark D. Segalla Reading Police Department 15 Union Street Reading, MA 01867 Chief Segalla, March 4, 2016 As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an Executive Summary of the application for Change of Manager at "Anthony's Coal Fired Pizza" (48 Walkers Brook Drive). New Manger: John C. Bouche I find no reason why the Change of Manager application should not go forward. Respectfully Submitted, t. Detective Richard P. Abate Criminal Division Commander The Commonwealth of Massachusetts Print Form —= Alcoholic Beverages Control Commission -- a 239 Causeway Street – Boston, MA 02114 wwtv.rfsrraas; nv /4bcc 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 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 1101600038 LICENSEE NAME Anthony's Coal Fired Pizza of Reading LLC ADDRESS 148 Walkers Brook Drive CITY /TOWN Reading STATE MA ZIP CODE 01867 TRANSACTION TYPE (Please eheck all relevant transactionsl: ❑ Alteration of Licensed Premises ❑ Cordials /Liqueurs Permit ❑ New Officer /Director ❑ Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock ❑ New Stockholder ❑ Transfer of Stock ❑ Change of License Type ❑ Management /Operating Agreement ❑ Pledge of Stock ❑ Wine & Malt to All Alcohol ❑ Change of Location ❑ More than (3) §15 ❑ Pledge of License ❑ 6-Day to 7 -Day License ❑X Change of Manager ❑ New License ❑ Seasonal to Annual ❑ OtherI 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 WOM % TJ �? 0 101600038 ABCC License Number The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 )Rib' r.pl(1,51;.V14 111 i.'C' PETITION FOR CHANGE OF LICENSE lm Reading City/Town e licensee Anthony's Coal Fired Pizza of Reading LLC respectfully petitions the Licensing Authorities to approve the lowing transactions: ❑X Change of Manager ❑ Alteration of Premises ❑ Pledge of License /Stock ❑ Cordial & Liqueurs ❑ Change of Corporate Name /DBA ❑ Change of Location ❑ Change of License Type ( §12 ONLY, e.g. "club" to "restaurant ") ❑X Change of Manager Last - Approved Manager: Cody A. Foote Requested New Manager: lJohn C. Bouche ❑ Pledge of License /Stock Loan Principal Amount: $ Interest Rate: Payment Term: Lender: I ❑ 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: ❑ Change of Location: (must fill out attached financial information form) Last - Approved Location: Requested New Location: Signature of Licensee Date Signed !_I . I amuW Wratas Vim Prrac (if a CorporattoM4LC, by Its authorized representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 MANAGER APPLICATION All proposed managers are required to complete a Le—rsqn_aj,.L"fQrMptjon For and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: 1hony-sCoa I Fi red Pizza of Reading LLrfl Business Name (dba): Anthony's Coal Fired Pizza Address; 48 Walkers Brook Drive City/Town: Reading State: MA zip Code: 01867 ABCC License Number: F10 I 1600038 Phone Number of Premise: 781 - 944 -8454 �' (if existing licensee) -- . .. ............... 2. MANAGER INFORMATION: A. Name: John E Bouche S. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises.. 160-80 hours ..... . ...... 3. CITIZENSHIP INFORMATION, A. Are you a U.S. Citizen: Yes Z No ❑ R. Date of Naturalization: C. Court of Naturalization. (Submit proof of citizenship and/or naturalization such as U.S, Passport, Voter's Certificate, Birth Certificate or Naturalization Papers) 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 ❑ No nX If yes, please describe: 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 nX If yes, please describe: C, Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No FA If yes, please descrlbe� F D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): I'leaw. see attached. I hereby swear under the pains and penalties of perjury that the information I have provided In this application is true and accurate: Signature„ ate %'. D , -' W John Bouche — Employment History Rider To MA Alcoholic Beverage License Manager Application Server, Bartender, General Manager Joe's American Bar and Grill Waterfront, 100 Atlantic Ave. Boston MA, 02110 617- 367 -8700 June 2010 - September 2015 Server The Flying Bridge Restaurant, 220 Scranton Ave., Falmouth, MA 02540 508 -548 -2700 April 2009 — September 2009 Bartender The Beach House Restaurant, 17 Nathan Ellis Hwy., Falmouth, MA 02540 508 -564 -5029 2007 -2009 Bartender The Landfall Restaurant, 9 Luscombe Ave., Woods Hole, MA 02543 508 -548 -1758 2004 —2007 �b � The Commonwealth of Massachusetts Alcoholic Beverages Control Comtnisston 139 Causeway Street Boston, MA 02114 ""ONFIDENTIAL a PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) Anthony's Coal Fired Pizza A. Legal Name of Licensee nthbny's Coal Fired Pizza of Reading L C: D. ABCC License Number 101600038 C. Address 48 Walkers Brook Drive (If existing licensee) E. City/Town Reading State MA Zip Code 01867 F. Phone Number of Premise 1781- 944 -8454 G. EIN of License v Y W 2. PERSONAL INFORMATION: A. Individual Name (John C. Bouche B. Home Phone Number C. Address I D. City/Town State MA Zip Code r E. Social Security Number r-- _ F. Date of Birth G. Place of Employment Anthony's Coai Fired Pizza of Reading LLC 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 he c arses occurred ag wel s �i�P d1,�p�sjiloLQf tbe_convictions ._... ... _ .......... a ..._ 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Manager of record. 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 ��/ Date Title Manager of record _ —_� (If Corporation /LLC Representative) ANTHONY'S COAL FIRED PIZZA OF READING LLC RESOLUTION February 9, 2016 The undersigned, being the Vice President of Anthony's Coal Fired Pizza of Reading LLC, a Massachusetts Limited Liability Company (the "Company "), acting pursuant to Section 67 of the Massachusetts Limited Liability Company Act, hereby adopts the following resolution. WHEREAS, the Company desires to prepare and file the necessary application to report a change in manger on the Restaurant Liquor License; WHEREAS, the Company desires to remove Mr. Cody Foote as the manager of record on the Restaurant Liquor License and appoint Mr. John Bouche as the new manager of record; NOW, THEREFORE, BE IT RESOLVED, that the preparation, execution and filing of an application for change in manager on the Restaurant Liquor License with the Massachusetts Alcoholic Beverage Control Commission, the Town of Reading and any other appropriate state or municipal agency be, and it hereby is, approved and authorized in all respects; and FURTHER RESOLVED, that the Mr. Foote be removed as manager of record on the License and Mr. Bouche be appointed as the manager of record on the License; and FURTHER RESOLVED, that the LLC Manager and the appropriate officers of the Company be, and each of them hereby is, authorized and empowered, in the name and on behalf of the company, to take any and all such further actions, to prepare, execute, issue, verify, acknowledge, certify, file and deliver all such other agreements, documents, certificates, instruments and filings, to incur and pay all such fees and expenses to engage such persons and in such acts as they shall determine to be necessary, appropriate or advisable to carry out fully the intent and purpose of the foregoing resolution, including, without limitation, the execution and delivery of any amendment, restatement, supplement or modification to any of the foregoing, and the execution by such officer or officers of any such agreements, documents, certificates, instruments, filings, amendments, restatements, supplements or modifications or the payment of any such fees and expenses shall, in each case, conclusively establish the authority of such officer or officers with respect thereto; and s�� FURTHER RESOLVED, that all actions heretofore taken by the LLC Manager, any officer, representative or agent of the Company or any of its affiliates, in the name or on behalf of the Company, in connection with the matters contemplated by the foregoing resolutions are hereby adopted, ratified, confirmed and approved in all respects as the acts and deeds of the Company. IN WITHNESS WHEREOF, the undersigned have duly executed this resolution as of the date set forth above. ANTHONY'S COAL FIRED PIZZA OF READING LLC Samuel G. Weiss Vice President LEGAL NOTICE 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_ March 22� 20.6 gat 7:45 p.t3iv in the Seleptri,en,s Meeti.n Room, 16 Lowell Street, Reading, Massachusetts on alteration of premises for Kajal and Kevin LLC d /b /a Liquor Junction, 1 General Way, Reading. A copy of the proposedriq ment regarding this tapib11 available in the •`fo Manager's office, 16 Low Street, Reading, MA, �M= ; Thurs from 7:30 a.m.-,- `5: p.m., Tues from 7:30 are 7:00 p.m. and is attacUi Tll the hearing notice on th4 website a'. www.readingma.gov Alf interested parties are invi ed to attend the hearing, c may submit their comments i writing or by email prior t 6:00 p.m. on March 22, 201 to townmanager@?ci.reac irla —ma.us By order of Robert W.LeLacheur Town Mana er `Y` 2.24.16 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass_gov /abec 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: $200.00 (CHECK MUST DENOTE TIfE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER 211 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: 1 General Way CITY /TOWN: Reading I STATE Ilv� l ZIP CODE 101867 TRANSACTION TYPE (Please check_all relevant transactions New License ❑ New Officer /Director Pledge of License ❑ Change Corporate Name Transfer of License Change of Location ❑ Pledge of Stock Fj Seasonal to Annual Change of Manager ❑X Alteration of Licensed Premises Transfer of Stock Change of License Type Cordials /Liqueurs Permit New Stockholder Issuance of Stock Otherl . 6 -Day to 7 -Day License Management /Operating Agreement Wine & Malt to All Alcohol 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 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 ww)v_.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 Fxi Alteration of Premises n Pledge of License /Stock © Cordial & Liqueurs Change of Corporate Name /DBA Change of Location n 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: 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: ❑X Alteration of Premises: (must fill out financial information form) Description of Alteration Expanding back of the store by 1100sgft for storage No retail space will be added as part of this alteration. The plan is attached to the application 0 Change of Location: (must fill out financial information form) Last - Approved Location: Requested New Location: Signature of Licensee Date Signed© (I 11 or ration /LLC, by its authorized representative) Financial Information: Costs Associated with License 1. Real Property: 2. Business Purchase: 3. Renovations /Construction: 4. Startup /Operating Capital: 5. Inventory: 6. Goodwill: 7. Furniture: 8. TOTAL COST: 9. TOTAL CASH: 10. TOTAL FINANCED: $ 0 $o $ 5,000 $ 0 $0 $0 $o $ 15,000 $ 5,000 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 transaction. ;CGS' Kaja) and Kevin LLC 1 General Way Reading, MA 01867 January 13, 2016 I, Jasmin Patel, the president of Kajal and Kevin LLC , hereby authorize the LLC to apply for alteration of premise located at 1 General Way, Reading MA 01867 to increase storage area by 1100sgft. Jasmin Patel Signed under the pains and penalties of perjury K LEGAL NOTICE 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 March 22, 2016 . in the Senior Center Great Room, 49 Pleasant St.ree.t, Reading, Massachusetts on: ® • Amending Section 3.2.4 of the Board of Selectmen Liquor License Polick :.'8:00" • Set the FY17 Water, Sewer and Storm Water Rates.hffi • Approve Amendments to the . FY16 Non -U I-OP Classification Plan: 9:50 A copy of the proposed ;do ment regarding this toj l s available in the Town " Manager's office, '16 *.dw% II Street, Reading, MA, W Thurs from 7:30 a.m., - 5. 0 p.m.; Tues from 7-304 ' 7:00 p.m. and is attacl`l the hearing notice dSi° t website www.readingma.gov rj ` All interested parties ar�,iM- ed to attend the hearih ", or may submit their commLntSiih writing or by email ptiof"tb 6:00 p.m. on March 22, '-Ea16 to town managerQci:rpad= . ihp.ma.us By orderDf Robert W. LeLac tpur Town Mdnager y14 /1 -, 3.15.16 •.:-! 6 l%J.a re s and H (,l.rring (ion LLP A private law fii•ui in the public interest J. Raymond Miyares Jennie X1, AMerrill 1'homas J. 1-Iarringuon Rebekah Lacey C,7lnistophc;r H. Hcep _.._..--- _----- _.__._.__ l.vria Glass Fried Dwina M. Brewer Eric Reustle Flake N-1. Nlensin February 23, 2016 Robert LeLacheur Town Manager Town Hall 16 Lowell Street Reading, MA 01867 Re: Liquor License Policy: General On- Premises Licenses. Dear Bob: As we have discussed, Judy Barolak has filed an Application with the Town to operate "The Art Lounge" (TAL) in Reading. TAL would operate in the same space as the Atlantic Framing Company on Haven Street. In addition to providing instructional art classes, TAL would serve wine and beer. TAL does not intend to provide food to its patrons. Unlike a Section 12 Restaurant License, a General On- Premises License allows the license holder to serve alcoholic beverages without offering food to its customers. See M.G.L. c.138, §12. A General On- Premises License is a type of Section 12 Pour license and, therefore, counts as a Section 12 license for purposes of calculating the Town's quota. The Board of Selectmen's current liquor license policy is silent as to whether the Board may issue a General On- Premises license. Accordingly, the following changes may be made to the liquor license policy to allow for such service:' 1. Section 3.2 — Liquor License Policy2 In order to add a provision for General On- Premises Licenses, a new section needs to be incorporated into the Board's Policy. We advise renumbering Section 3.2.7 (violations) as Section 3.2.8 so that General On- Premises Licenses may be 1 Our review is limited to changes to the Board's Policy that would be required in order to issue a General On- Premises License. We have not reviewed TAL liquor license application. 2 The Town may also wish to consider adding another provision for Farmer's Market Licenses. M.G.L. c.138, §15F. .10 Grove Street • Suite 190 - WelloslGy; NIA 02,182 1 'Fel: 617.489.1600 I Fay: 617,4S9.1630 I www.nziyares —h u,ringt.on.coii Miyares and H arrin ton LLP Robert LeLacheur February 23, 2016 Page 2 of 3 codified under Section 3.2.7 See a proposed text below). Accordingly, the chart in Section 3.2 should be replaced with the following: Category 3::2.1 3.2.2. 3.2.3' 3.2.4 8'.2:1 5 , - 82.6. 3:2..7 3.2.8- Retail Package X X Goods Store License... Restaurant X X X X License... Restaurant X X X X License... (less than 100 seats) Club License... X X X Special License X General On- X X X Premises Licenses 2. Section 2.3.1.19 — Liquor License Fee The Town should establish a fee for General On- Premises Licenses. 3. Section 3.2.1.20 — Hours of Operation3 The Town should establish hours during which service is permitted for General On- Premises Licenses. In restricting service hours, the Board is governed by the following: Monday through Saturday (M.G.L. c. 138, §12): • 11:00 a.m. — 11:00 p.m.: Board cannot limit service of alcoholic beverages. • 8:00 a.m. — 11:00 a.m. and 11:00 p.m. —2:00 p.m.: Within the Board's discretion to permit service of alcoholic beverages. • 2:00 a.m. — 8:00 a.m.: Service of alcoholic beverages prohibited. Sunday (M.G.L. c.138; §33): • 1:00 a.m. — 10:00 a.m.: Service of alcoholic beverages prohibited, unless the Town adopts: M.G.L. c. 138, §33A, which allows sale of alcohol between 1:00 a.m. and 2:00 a.m. • 10:00 a.m. -- 1:00 a.m.: Within the Board's discretion to permit service of alcoholic beverages.` 3 I would advise the Board to change "Hours of Operation" to "Hours of Permitted Service." 4 I would hesitate to limit sale before 11:00 p.m. without finding that such limitation serves the public need and common good. Miyares and Harrington ZZP Robert LeLacheur February 23, 2016 Page 3 of 3 3. Remove Section 3.2.4.5 Currently, Section 3.2.4.5 provides that commercial establishments may hold a Wine and Malt Beverage license to serve customers who are engaged in taking instructional classes. We recommend deleting this provision. Significantly, Section 3.2.4.5 allows only for the issuance of a Section 12 Restaurant license to such establishments. Thus, the "commercial establishment" would nonetheless be required to obtain a common victualler's license and to serve food. 4. New Section 3.2.7 — General On- Premises Licenses The following may be incorporated into the Policy to permit the issuance of General On- Premises Licenses: Section 3.2.7 — Requirements for General On- Premises Licenses The Board may issue a General On- Premises License to an establishment within the Town. Such establishment is not required to obtain a common victualler's license. All General On- Premises Licensees shall comply with Section 3.2.2 of this Policy, except for Sections 3.2.2.2, 3.2.2.8 and 3.2.2.9. The Board, in its discretion, may impose additional requirements to protect public health. Section 3.2.7.1 — Commercial Establishments For commercial establishments that provide instructional classes, alcohol service shall be restricted to classes that are not more than three hours in duration. Only class members shall be allowed to purchase alcohol. 5. Renumber Section 3.2.7 to Section 3.2.8 As discussed above, Section 3.2.7 should be renumbered as Section 3.2.8. Please let me know if you have any additional questions. Sincerely, J. R ymond Miyares 5 Section 3.2.4.5 does not appear on the online version of the Board's Policy. SJ`1 Liquor License Quotas 2016 • The Town is allowed 25 On- Premises Licenses • We have issued 15 of which 14 are All Alcohol and 1 is Beer and Wine • Leaves a total of 10 available • This quota is increased by 1 with every population unit of 10,000 over 25,000 as indicated below Local Licensing Authority ALCOHOLIC BEVERAGES LICENSE GENERAL INFORMATION Alcoholic beverages retail licenses are distinguished by where a patron may consume the beverages purchased, i.e. off the premises or the on premises.Off- premises licenses include package stores, convenience stores and supermarkets. There are 5 types of on- premises alcoholic beverages licenses: restaurants, clubs (or veterans club)i hotels, taverns, and general on premises. Retail alcoholic beverages licenses fall into five categories: all alcoholic beverages licenses, wine and malt beverages licenses, wine beverages licenses, malt beverage licenses, and wine and malt with cordials and liqueurs beverages licenses. These licenses may be issued seasonally or annually. �; Licensing Procedure Quota System]'. ystem i Fire Safety Cert. .j Transportation Delivery Permit i; Pouring Permits Quota System The Massachusetts Liquor Control Act places a quota or limit on the number of alcoholic beverages licenses a city or town can issue. The quota is based on the population of the community as determined by the most recent federal census. On- Premises License (M.G.L. c. 138, §12) Each city or town may grant one on- premises all alcoholic license for each unit of 1,000 persons (or fraction thereof) with a minimum of 14. An additional all- alcoholic beverages license may be granted for each population unit of 10,000 (or fraction thereof) over the first 25,000. One wine and malt license may be granted for each unit of 5,000 persons (or fraction thereof) with a minimum of 5. Veteran's Club License The local licensing authority may grant an.all- alcoholic beverages license, outside the quota system, subject to ABCC approval, to any corporation whose members are" war veterans which owns, hires or leases a building, or space in a building, for the use and accommodation of a post of any war veterans' organization incorporated by the Congress of the United States, to sell to members of that post only, and, subject to local licensing authorities, to guests introduced by such members and to no others. Off - Premises (M.G.L. c. 138. 615) Each city or town may issue one off - premises (Section 15) all- alcoholic beverages license for each unit of 5,000 persons (or fraction thereof) with a minimum of 2. One wine and malt license may be granted for each unit of 5,000 persons (or fraction thereof) with a minimum of S. _5 The own may place reasonable conditions on the issuance of any It 'rise issued pursuant to th e policies to provide for public safety, health, welfare and t promotion of public order. 3.1.6 - Dele ati%to a T own Manner the Authority to issue Cert ' Licenses The Board of S ectmen may, annually, delegate to the To Manager the authority to issue and renew any or a licenses covered by this policy, excpjA for the issuance and annual renewal of liquor licenses. When the Board of Selectmen ch oses to delegate this authority, the Board of Selectmen will be n tified of the granting and /or newal of such licenses at their next regular meeting following the is uance or renewal. Prior to approving a renew , the Town M ager will make certain that all conditions of the license have been met, and that 1 other ropriate measures are complied with to ensure that the licensee is in compliance with 1 by ws, rules, regulations and practices of the Town of Reading. If an issue has been raised b the Bo rd of Selectmen regarding the issuance or renewal of a license, the Town Manager all not issu or renew the license but it shall be referred back to the Board of Selectmen for eir review and ac 'on. J.1. / — K:?"a G11.71V 11 1�1 11111G[111V11 Vl l�G♦ VGKl1VU V1 The Town y suspend, modify or revoke a license issued under these policies for failure to meet a of the requirements of these policies, or failure to meet any conditions placed on the licens . The licensee is entitled to due process a rovided by law, which may include written ice of any violation and a hearing. Adop 10- 27-86, Revised 12- 13 -94, Revised 12 -5 -95, Revised S- 04 Section 3.2 — Liquor License Policy This policy shall apply to all premises licensed for the sale and /or consumption of alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regulations applies to which type of license: Category 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 Retail Package Goods Store License for All Kinds of Alcoholic Beverages X X not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of X X X X Alcoholic Beverages to be Drunk on the Premises 3 - 2 Board of Selectmen Policies ��S Restaurant License to Expose, Keep for Sale, and to Sell Wine and X X X X Malt Beverages to be Drunk on the Premises less than 100 seats Club License to Expose, Keep for Sale, and to Sell All Kinds X X X of Alcoholic Beverages to be Drunk on the Premises Special Licenses X Amendments - Changes to this policy may be made by majority vote of the Board of Selectmen and shall be discussed at a public meeting. Notice of any change in policy shall be made to all licensees in a timely manner. 3.2.1— General Requirements for All Licensed Establishments 3.2.1.1— Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. 3.2.1.2 — Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 — Inspection The licensed premises shall be subject to inspection by the Police, the Licensing Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 3.2.1.4 — Advertisements No advertising matter, screen, curtain or other obstruction, which prevents a clear view of the interior of the premises, shall be maintained in or on any window or door. 3.2.1.5 — Automatic Amusement Devices No establishment licensed for the on- premises or off - premises sale or consumption of alcohol shall permit the use of any automatic amusement device or electronic game as defined by M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of Selectmen. 3.2.1.6 — Duty to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the 3 -3 Board of Selectmen Policies Licensing Authority. Thereafter, the licensee will continuously operate the premises in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority. Such revocation shall only be done following a public hearing. Upon application by the licensee, the abandonment Licensing Authority may waive this provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.1.7 - Establishment of Written Policies Licensees shall establish written policies regarding the sale or service of alcoholic beverages based upon the requirements of the regulations of the Alcoholic Beverages Control Commission, these regulations, and any other conditions placed on the license. 3.2.1.8 - Alcohol Policy for Staff While Serving No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty. No Manager, Alternate Manager or employee shall consume any alcoholic beverages on the premises after the official closing hour per MGL, Chapter 138, Section 12. and Section 15. 3.2.1.9 - Alcohol Management or Server Training Licensees, Managers and principal representatives of licensed establishments are required to successfully complete an alcohol management or server training course (depending on the type of license) approved by the Liquor Liability Joint Underwriting Association of Massachusetts at the time of issuance of the license. Servers of alcoholic beverages shall be required to successfully complete a server training course approved by the Hospitality Mutual Insurance Company (or any training course reviewed by and approved by the Licensing Authority) within three (3) months of becoming employed in a position where they are serving alcohol to customers. There must be a certified employee on the premises at all times. All persons required to successfully complete an alcohol management or server training course must be successfully retrained prior to the end of the certification period. The licensee shall certify annually to the Licensing Authority at the time of renewal of the license that the licensee, Manager, and all employees meet this requirement. Certificates shall be kept on file and available for inspection upon request 3.2.1.10 - Liquor Liability Insurance Requirement Licensees are required to have, or otherwise provide, liquor liability insurance in the minimum amount determined from time to time by the Licensing Authority. This requirement is applicable regardless of whether the licensee rents, or otherwise provides the licensed premises to a third party. Limited exceptions to this requirement may be granted by the Licensing Authority for reasons of hardship or upon adequate proof of inability to obtain the required insurance. There is no right to an exception, and the Licensing Authority is not required to grant 3 - 4 Board of Selectmen Policies such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. 3.2.1.11— Staffing Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor beverage sales and consumption. 3.2.1.12 - Supervision — Presence The licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license, and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative shall first have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. 3.2.1.13 — Duty to Keep Order No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore whether present or not. There shall be no indecent or immoral entertainment on the licensed premises. 3.2.1.14 — Proof of Age The Licensee, Manager, principal representative, bartender and waitress /waiter shall refuse to serve any patron under the age of twenty -one (21). When in doubt of age, they shall require the showing of an identification card or license in accordance with Chapter 138, Section 34B of the General Laws. 3.2.1.15 — Minimum Age of Employee or Server No employee of any licensed establishment who is serving, clearing or otherwise handling alcoholic beverages shall be under the age of 18. 3.2.1.16 — Prohibition of Bringing Alcoholic Beverages onto the Premises There shall be no alcoholic beverages brought onto the premises of a licensed establishment except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts. 3.2.1.17 - Information Regarding the Alleged Service of Alcohol Prior to Violation for Driving Under the Influence of Intoxicating Liquors Upon the receipt of a letter from the Office of the Attorney General or the Middlesex District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other notice regarding the alleged service or sale of alcohol to an individual who is subsequently convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or enters a disposition under Section 24D of Chapter 90, the Licensing Authority: ♦ Shall forward a copy of the letter to the licensee cited, along with a copy of these rules and regulations. 3 -5 Board of Selectmen Policies SAg ♦ May request that the licensee appear before the Licensing Authority to respond to the allegation. Upon the receipt of two or more letters in a two -year period, the licensee shall be required to appear before the Licensing Authority to respond to the allegations. Any disciplinary action taken by the Licensing Authority shall be taken in accordance with the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to allow for a finding that a licensee has committed a violation. 3.2.1.18 — Duty to Report an Attempt to Purchase by a Minor The licensee shall be required to report to the Reading Police Department any time a person attempts to purchase alcohol while being underage, or attempts to use an altered or forged identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately report to the Reading Police Department any time they suspect an adult is purchasing alcohol for a minor. These infractions must be reported even when the incident takes place off premises, such as for home deliveries. Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. 3.2.1.19 — Liquor License Fees The following fees are established for each calendar year for the categories of license available in the Town of Reading: Cateury Fee Retail Package Goods Store License for $2500 All Kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for $3700 Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose, Keep for $2700 Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises Club License to Expose, Keep for Sale, and $1300 to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 3.2.1.20 — Hours of Operation The following shall be the hours of operation for premises licensed for sale and /or service of alcoholic beverages by the Town of Reading: 3 - 6 Board of Selectmen Policies Category Hours of Operation Exceptions Retail Package Goods Store 8:00 a.m. to 11:00 p.m., except 8:00 See Sunday Sales in License for All Kinds of a.m. to 11:30 p.m. the day before a Section 3.2.1.21 below Alcoholic Beverages not to be holiday Drunk on the Premises Restaurant License to Expose, 11:00 a.m. to 12:00 midnight Keep for Sale, and to Sell All Monday through Saturday, and Kinds of Alcoholic Beverages to 12:00 noon to 12:00 midnight on be Drunk on the Premises Sundays Restaurant License to Expose, 11:00 a.m. to 12:00 midnight Keep for Sale, and to Sell Wine Monday through Saturday, and and Malt Beverages to be Drunk 12:00 noon to 12:00 midnight on on the Premises (less than 100 Sundays seats Club License to Expose, Keep for 8:00 a.m. to 2:00 a.m. except on Sale, and to Sell All Kinds of Sundays and legal holidays when the Alcoholic Beverages to be Drunk hours are 12:00 noon to 1:00 a.m. on the Premises 3.2.1.21— Sunday Sales for Package Stores Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to the following conditions: ♦ No sales may be made prior to noon on Sunday; ♦ No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday; ♦ Employees must be paid for working on Sunday at a rate not less than 1' /z of the employees' regular rate; ♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty; ♦ If a Section 15 licensee intends to close one day per week except Sundays, such licensee must notify the Licensing Authority of such licensee's intended hours of operation. 3.2.1.22 — Breech of Policy or Conditions For breach of any of the requirements, restrictions or conditions of this policy of license, the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the license in accordance with the law. 3 - 7 Board of Selectmen Policies moll 3.2.2 — Requirements for All: ♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises ♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All licensees for the service of alcohol, whether the holder of ♦ Restaurant License - All Kinds of Alcoholic Beverages ♦ Restaurant License - Wine and Malt Beverages (less than 100 seats) shall, in addition to Section 3.2.1 of this policy, adhere to the following policies: 3.2.2.1— Advertisement No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted 3.2.2.2 — Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted. ♦ An establishment that has a separate and distinct take -out area may be licensed for the sale of beer and wine on the premises. ♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.2.3 — Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.2.4 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.2.5 - Orderly Closing Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below There shall be no sale of alcoholic beverages or food after the closing hour established in the table in Section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. 3 -8 Board of Selectmen Policies Sju • All tables and service locations shall be cleared of alcoholic beverages within '/2 hour after the closing hour as established in the table in Section 3.2.1.20. • All customers shall be off the premises within 1 hour of the closing time as established in Section 3.2.1.20. 3.2.2.6 — Prohibition of taking Alcoholic Beverages from the Premises - Exceptions There shall be no alcoholic beverages taken from the premises of an establishment licensed under M.G.L. c.138, §12 except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts, and with the exception of partially consumed bottles of wine which are purchased with a meal and resealed in accordance with 204 CMR 2.18 of the Regulations of the Alcoholic Beverages Control Commission. 3.2.2.7 — Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.2.8 — Service of Alcoholic Beverages Limited to Hours that Food Services is Provided The hours during which sales of alcoholic beverages may be made in a licensed premise is further limited to the times when a full menu of food service is available. No alcoholic beverages may be sold or served in a licensed premise before food service is available, nor after the food service has been suspended. 3.2.2.9 - Service Bar In the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served directly to the public at such service bar, and no stools or chairs are to be placed at said service bar. 3.2.3 — Requirements for All: Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this policy: 3.2.3.1- Minimum Seating Requirement A Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to allow for All Alcoholic service in restaurants with fewer than 100 seats. This legislative action was confirmed by the voters of the Town in the Election of April 7, 2009. At its sole discretion, the Licensing Authority may allow all alcoholic service to any or all restaurants with less than 100 seats. No more than 15% of the seats shall be at a bar. 3 - 9 Board of Selectmen Policies 3.2.4 — Requirements for: Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All Restaurants Licensed to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) shall adhere to the following policies in addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy: 3.2.4.1— Purpose and Intent A Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number (currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats. This legislative action was confirmed by the voters of the Town in the Election of March 24, 1998. This policy is established pursuant to that vote. The intent of this policy is to encourage the development and retention of smaller specialty restaurants in the Downtown area of Reading in order to enhance the economic vitality of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of the customers' dining experience. 3.2.4.2 — Maximum Seats A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than 100 customers. All seats shall be at tables -- there shall be no seating at a bar. 3.2.4.3 — Service Bar Only a service bar is permitted. Its function is to serve to restaurant employees who serve the customers and can be used to serve drinks to those customers waiting to dine. There will be no seats at this bar. 3.2.4.4 - SeatinE Requirement There shall be no service of alcohol to anyone unless they are seated at a table. 3.2.4.5 Commercial Establishments The Board of Selectmen may issue a "Wine and Malt Beverage" license to a commercial establishment to serve customers who are engaged in taking instructional classes as part of the business of the establishment. Such sales shall be restricted to classes that are not more than three hours in duration. Only class members shall be allowed to purchase wine or malt beverages. The commercial establishment must provide food, from a menu approved by the Board of Selectmen or designee, in conjunction with the service of wine and malt beverages. The Selectmen may also impose additional conditions upon any such license. 3.2.5 — Requirements for Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1 of this policy: 3- 10 Board of Selectmen Policies 3.2.5.1 - Minimum Seating Requirement There shall be no minimum seating for a club license. No more than 15% of the seats shall be at a bar. 3.2.5.2 — Advertisements No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted. 3.2.5.3 — Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ There is no requirement for service of food in clubs. ♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.5.4 — Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.5.5 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.5.6 - Orderly Closing Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below There shall be no sale of alcoholic beverages or food after the closing hour established in section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. All tables and service locations shall be cleared of alcoholic beverages not later than 30 minutes after the closing hour established in Section 3.2.1.20. All customers shall be off the premises not later than one hour after the closing hour established in Section 3.2.1.20. 3.2.5.7 — Prohibition of taking Alcoholic Beverages from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment. 3.2.5.8 — Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3- 11 Board of Selectmen Policies --Oly 3.2.5.9 - Service Bar In the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and no stools or chairs are to be placed at said service bar. 3.2.6 — Requirements for Special Licenses under Section 14 3.2.6.1 Special liquor licenses may be issued by the Town for commercial establishments or for non - profit organizations. 3.2.6.2 Holders of special licenses shall provide the liquor to the attendees of any event -- "bring your own liquor (or beer or wine)" will not be permitted. The license holder is required to comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must purchase their alcohol from a licensed Massachusetts wholesaler, in compliance with M.G.L. Chapter 138, Section 14. Alcohol may not be purchased out of state, from a caterer, or from a Section 15 package store. The Town will provide to licensees a list of licensed Massachusetts wholesalers, or the method by which a licensee may obtain such a list. 3.2.6.3 Holders of special licenses shall provide a bartender and /or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees (reference 3.2.1.9). There shall be no self service of any alcoholic beverage at an event approved as a special license. 3.2.6.4 Applicants for special licenses shall provide proof of insurance to the Licensing Authority with the application for the one day license. 3.2.6.5 — Limitations A person or entity may only be issued a maximum of 30 Special Licenses in any calendar year. 3.2.6.6 - Exceptions: In the case of events held by private residents, outside of their private residence, the Licensing Authority shall not require a special license where: (1) the event is by invitation only, (2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or solicited, or (5) an entrance fee is not charged. 3.2.7 — Enforcement 3.2.7.1 Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or regulations of the Alcoholic Beverage Control Commission, and /or of the Town of Reading Liquor Policies shall be subject to the following range of penalties: 3- 12 Board of Selectmen Policies s The term "Offense" is defined as one violation of Massachusetts General Law, Chapter 138, and /or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules and Regulations 204CMR, and /or Town of Reading local licensing regulations and any other law or regulation of the Town of Reading. Examples of criteria to invoke penalties are based on the following: • Severity and type of offense • Number of prior offenses The penalties are only a guide. The Licensing Authority may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or severe than that suggested by the guidelines. The penalties shall not be construed as to limit the Licensing Authority's ability to consider alternative dispositions or further conditions on a license, or even alternative penalties (e.g. rolling back of the licensees operating hours, suspension of the licensee's Common Victualers license, and /or suspending the licensee's entertainment license.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. 3.2.7.4 - Agents of the Licensing Authority The Licensing Authority hereby appoints the Chief of Police and the Police Department Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees. 3- 13 Board of Selectmen Policies �di� Offense Penalty 1St Offense Warning to three days suspension 2" d Offense Three days to six da s suspension P Offense Six days to 12 days suspension 4 th Offense Show cause hearing for license revocation The term "Offense" is defined as one violation of Massachusetts General Law, Chapter 138, and /or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules and Regulations 204CMR, and /or Town of Reading local licensing regulations and any other law or regulation of the Town of Reading. Examples of criteria to invoke penalties are based on the following: • Severity and type of offense • Number of prior offenses The penalties are only a guide. The Licensing Authority may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or severe than that suggested by the guidelines. The penalties shall not be construed as to limit the Licensing Authority's ability to consider alternative dispositions or further conditions on a license, or even alternative penalties (e.g. rolling back of the licensees operating hours, suspension of the licensee's Common Victualers license, and /or suspending the licensee's entertainment license.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. 3.2.7.4 - Agents of the Licensing Authority The Licensing Authority hereby appoints the Chief of Police and the Police Department Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees. 3- 13 Board of Selectmen Policies �di� 3.2.7.5 - Compliance Operations The Licensing Authority shall from time to time review with the Police Chief guidelines for compliance operations by the Police Department. The Licensing Authority hereby assigns the responsibility of conducting annual inspections of liquor license holders to the Town Manager. These inspections will serve the purpose of reviewing and checking compliance with the Licensing Authority's liquor policies. Revised 2- 10 -09: Revised 9 -22 -09 Section 3.3 - Issuance of Peddler's Licenses Chapter 101, Sections 12a through 33 of the Laws of the Commonwealth, provide for regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local rules and regulations for the granting of such licenses. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Peddler's Licenses: Each application will be dealt with on a case by case basis. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant. 1. Approval will be granted within a commercial or industrial zoning district only. 2. No peddlers will be permitted to operate within the public right of way including a roadway or sidewalk area. 3. Written approval of the property owner and any tenants on the property will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 4. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other than traffic that is routine to the premises, then designated parking spaces will be required that will not be detrimental to the principle use on the premises. 5. The Board will require evidence that the peddler's use will have minimal effect on the neighborhood adjacent to the site. 6. The peddler's use will not take away existing parking spaces from those required on the site. 7. The peddler's use may have no negative impact on retail or commercial activities within the Town of Reading. 8. Peddler's uses will only be permitted where there is another principal use on the site and the peddler's use is related to the principal use of the property. No peddler's uses will be permitted on vacant or unused land. 9. The applicant must show that adequate controls are in place and insure public safety and cleanliness, and a condition of approval of any peddler's license will be that all of the required licenses will be received. 10. Prior to the issuance of a Peddler's License, the Board may require a review by the Health Division and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Adopted 10- 18 -88, Revised 12- 13 -94, Revised 5 -25 -04 3- 14 Board of Selectmen Policies Town 7.3% School 12.5% OVERRIDE $4.5 million Roads $300k Delft Service and Capital Far less debt is crowding out the operating budgets - prior school projects were done inside the levy. A much better capital plan is in place that has reduces some operating budget costs This net reduction of infrastructure costs inside the levy has paid for the growth in Health Insurance, but there seems little room for that to continue - therefore the 3% town & school budgets are at risk. Debt Service 3,897,129 s +i 4,178,178 6,790,140 6,898,508 4,900,000 Capital Projects 25,000 442,063 14,700 793,288 2,070,000 Emalovee Benefits Contributory Retirement Spending Since the last Override Non- Contrib. Retirement 99,183 Unemployment Benefits 78,167 Medicare / Social Security 436,765 Workers Compensation 171,068 Police / Fire Indemnification 36,985 192,804 223,650 Since 66,147 Pre - Override Mid Override After Override 3,334,719 3,428,847 3.6% 2.9% Override 2.0% 100,000 Actual Actual Budget Recommended Recommende vs 03 vs 04 vs 05 vs 06 Expenditures Expenditures (Revised) Budget Budget FY - 2003 FY - 2004 FY - 2005 FY - 2006 FY - 2017 General Fund 3.2% 3.1% TOWN 15,161,804 ''' 16,386,972 17,317,246 18,126,090 25,350,650 3.7% 3.4% Schools Debt Service and Capital Employee Benefits TOTAL 24,891,038 3,922,129 6,839,667 50,814,638 25,705,383 4,620,241 7,421,349 '" 54,133,945 28,130,066 8,260,140 8,044,049 61,751,501 28,712,503 7,691,796 9,178,809 63,709,198 40,697,666 6,970,000 15,988,500 89,006,816 3.6% 4.2% 6.3% 4.1% 3.6% 3.2% 6.1% 3.9% 3.1% -1.4% 5.9% 3.1% 3.2% -0.9% 5.2% 3.1% Town 7.3% School 12.5% OVERRIDE $4.5 million Roads $300k Delft Service and Capital Far less debt is crowding out the operating budgets - prior school projects were done inside the levy. A much better capital plan is in place that has reduces some operating budget costs This net reduction of infrastructure costs inside the levy has paid for the growth in Health Insurance, but there seems little room for that to continue - therefore the 3% town & school budgets are at risk. Debt Service 3,897,129 s +i 4,178,178 6,790,140 6,898,508 4,900,000 Capital Projects 25,000 442,063 14,700 793,288 2,070,000 Emalovee Benefits Contributory Retirement 2,136,600 Non- Contrib. Retirement 99,183 Unemployment Benefits 78,167 Medicare / Social Security 436,765 Workers Compensation 171,068 Police / Fire Indemnification 36,985 Benefits excluding Health Ins. 2,958,768 2,186,300 2,407,094 2,463,851 93,745 97,625 99,257 47,685 75,000 60,000 493,385 495,350 530,211 192,804 223,650 225,528 66,147 36,000 50,000 3,080,066 3,334,719 3,428,847 3,673,000 3.9% 4.1% 3.6% 3.7% 0 - 100.0% - 100.0% - 100.0% - 100.0% 100,000 1.8% 5.9% 2.4% 4.8% 750,000 3.9% 3.3% 3.5% 3.2% 280,000 3.6% 2.9% 1.9% 2.0% 100,000 7.4% 3.2%1 8.9% 6.5% 4,903,000 3.7% 3.60/6 3.3% 3.3% Group Health / Life Ins. 3,880,899 ?ii 4,341,283 4,709,330 5,749,962 10,560,500 7.4% 7.1% 7.0% 5.7% Total Employee Benefits 6,839,667 7,421,349 8,044,049 9,178,809 15,463,500 6.0% 5.8% 5.6% 4.9% Enterprise Funds Water Ent. Fund 2,746,997 ! 2,791,647 2,909,731 3,187,133 6,240,274 6.0% 6.4% 6.6% 6.3% Sewer Ent. Fund 3,883,379 ;i 3,942,101 4,066,823 3,975,906 5,706,390 2.8% 2.9% 2.9% 3.3% Storm Water Ent. Fund 0 0 0 0 530,430 100% 100.0% 100% 100% 5.0% 5.2% TOTAL 6,630,376 6,733,748 6,976,554 7,163,039 12,477,094 4.6% 4.9%1 3/17/2016 1 2016 Town of Reading - Town Financial Calendar Courtesy of WinCalendar 27 28 29 30 - 131 1 2 Dec HOLIDAY 2015 3 4 5 6 7 8 9 10 11 12 13 14 15 .... ......... _ 16 SC FY17 budgets BOS FY17 budgets SC FY17 budgets �17 1$ 19 20 21 22 23 Jan HOLIDAY BOS FY17 budgets Fin'I Forum SC FY17 budgets 2016 at Sr Ctr 29 30 SC FY17 budgets 31__ 1 2 3 4 5 6 7 8 9 10 ...... __ 11 ........ ---- .......... ... ....... .._. 12 13 FINC overview 14 16 16 17 18 19 20 HOLIDAY Feb i _ _____ _ _._ _ t _____...__ . 2016 _21 _�_._.. _.22 a..._._.... _ _- _ 23 24 25 26 27 BOS overview at Parker MS 28 ._..._� _29 _ w 1 2 3 4 Elections FINC FY17 bdgts 6 7 ..N$ 9w_�w__.. � 10 11 12 BOS revslexps FINC FY17 bdgts 13 14 15 16 17 18 19 FINC FY17 bdgts Mar 2016 _e. 20 �_ 21 22 23 �._�,_ .. 124 N... 25 _.__ 26 BOS ethics FINC FY17 bdgts j at Sr Ctr f( _27__ 28 �� 30 31 1 2 3 4 5 6 7 v�.8__ �A9 BOS a. ._..__ . _._...� 12 ..._..._ 13 __111-4 -_� _.. 14 15 Apr_ 2016 17 ._W_. _wa .._ 1 -8 -. 19._. _ _ ._ ... _..�... 20 ..._. _.._ . _. _ 21 22 23 HOLIDAY BOS 24.�_ _ 25 26 _...._, _.__...... 28 29 130 Town Meeting Town Meeting S�� 5-�z - •. • • • e -• • • • •. 4 5 6 7 _.w. 8 9 _ w._ 10 HOLIDAY BOS Fin'I Forum State Election 11 12 13 14 15 16 17 Spec Town Mtg Notify Town Clerk Spec Town Mtg Sep of Special Election _._.. ............ _. ._.. , . ------ .,_ _...._.__ _..__._.._.. 2016 ..._ 18 19 20 21 22 24 BOS ......_..,� 25 26 27 28 29 30 1 2 3 4 5 6 7 8 BOS 9 10 11 12 13� �.... 1 ......... _ ....__ 15._.w __ ..a.. HOLIDAY - FINC regular 16 17 18 19 20 21 - - 22 Oct Spec Election 2016 23 24 25 26 27 28 29 BOS Fin'[ Forum _30_...__.__..__......__.31 1 2 3 4 5 6 7 kC $ 9 10 11 12 jElections FINC regular HOLIDAY 13w_ _._. 14 15 16 17�- 18 19 Town Meeting BOS Town Meeting Novel 2016 20 21.a._ 22�..e 23 24 25 26 Town Meeting HOLIDAY 27 28 29 30 1 2 3 Town Meeting BOS 4 5 6 7 8 .... 9 10 11 12 13 14 15 16 17 BOS FINC regular Dec_ ..... _._...__.. __ _ ..... 2016 18 19 20 21 22 23 24 25 26 27 28 29 30 31 HOLIDAY S LEGAL NOTICE 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 March 22, 20.16 in the Senior Center Great Room, 49 Pleasant Street, Reading, Massachusetts on: Amending Section 3.2.4 of the Board of Selectmen Liquor License PQIick :.11:00` E • Set the FY17 Water, Sewer nd Storm Water Rates • Approve Amendments to the FY16 Non -U [� 4.1 Classification Plan: 9:50 0 . A copy of the proposed ;dQ- ment regarding this tort s available in the Town Manager's office, '16 �,dw, II Street, Reading, MA,''W. Thurs from 7:30 a. M. - $. 0 p.m., Tues from 7 :30 7:00 p.m. and is attacli the hearing notice 6W t o website www.readingma.gov All interested parties ar6jir = .ed to attend the hearih', or may submit their i6 commLntS4 writing or by email priol" `b 6:00 p.m. on March 22,',f.-E01,6 to townmanagerRci ream= . ina.ma.us By orderef Robert W. LeLac4(aur Town MdWger 3.15.16 ,- 6-- y m 800,000 780,000 760,000 740,000 720,000 700 ,000 680,000 660,000 640,000 620,000 600,000 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 MEN I ffd UA 3 G,/ C) . '6 fl S &t z- �� -i 3 LEGAL NOTICE 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 March 22, 20.16 in the Senior Center. Great Room, 49 Pleasant Street, Reading, Massachusetts on: • Amending Section 3.2.4 of the Board of Selectmen Liquor License Policls :.1:04 • Set the FYI Water, Sewer and Storm Water Rates • Approve Amendments to the . FY16 Non- UPIA4.1 Classification Plan: 9:50 v.. A copy of the proposed-do. - .ment regarding this to�iis available in the down " Manager's office, '16 jow II Street, Reading, MA, W Thurs from 7:30 a.m. -5. 0 p.m.; Tues frpm 7 :30 7:00 p.m. and is attaZ, the hearing notice 6 It website www.readingma.gov rjr:`ri All interested parties ar �404- ed to attend the heariftg, or may submit their commant�iki writing or by email pfiof" id 6:00 p.m. on March 22,`tO �6 to townmanager@ci:resil= . ina.ma.us By order Hof Robert W. LeLaohb.ur Town Mdneger 3.15.16 FY 2016 TOWN OF READING CLASSIFICATION PLAN effective March 2s, 2016 Srhedide A -1 SRS Parking Enforcement A Officer Van Driver B Clerk Library Associate Administrative Senior Library C Secretary Associate Administrative Animal Control RCASA Youth Senior Center D Assistant Officer Coordinator Coordinator Office Manager /Public RCASA Outreach Recreation Program Regional Housing Senior Administrative E Assistant Town Clerk Case Manager Computer Technician Librarian Services Coordinator Coordinator Services Coordinator Assistant Zoning Enforcement Inspector Plumbing/Gas Veteran's Service F Assistant Assessor Assistant Collector Assistant Treasurer Health Inspector Senior Case Manager Inspector Officer Wiring Inspector Library Children's Library Information Library Technical G Conservation Administrator Head Public Safety Dispatcher Human Resources Generalist Services Division Head Library Circulation Division Head Services Division Head Services Division Head Nurse Advocate Public Health Nurse Recreation Senior Computer Water Supply Administrator Technician Coordinator Elder/Human Services H Administrator Executive Assistant GIS Administrator Assistant Library I Director RCASA Director Health Agent Town Clerk Purchasing Agent Treasurer - Assistant Facilities Business Community Community Services Human Resources Collector /Assistant J Assessor Director Building Inspector Administrator Development Director Director Director Finance Director Assistant DPW K Director Assistant Fire Chief Deputy Police Chief Technology Director Town Administrative Accountant/Finance L Services Director Library Director Director Assistant Town M IManager DPW Director Facilities Director Fire Chief Police Chief SRS TOWN WARRANT OFRp,,' � tiC Nf r �O 639;INCOR40RP0 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in the Local Elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1, 2, 3, 4, 5, 6. 7 and 8 Reading Memorial High School, Hawkes Field House, Oakland Road TUESDAY, the FIRST DAY OF MARCH, A.D., 2016 from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz: ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; Two members of the Board of Selectmen for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; and Sixty -Nine Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; Precinct 2 Eight members for three years; One member for two years; One member for one year; Precinct 3 Eight members for three years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; One member for two years; One member for one year; Precinct 7 Eight members for three years; One member for two years; and Precinct 8 Eight members for three years. it and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY -FIFTH DAY of APRIL A.D., 2016 at seven - thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 2 To hear and act on the reports of the Board of Selectmen, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen Background: This article appears on the Warrant for all Town Meetings. At this Subsequent Town Meeting, the following reports are anticipated: ➢ Board of Selectman Chair "State of the Town" ➢ Finance Committee Chair "FY17 Budget Report & Financial Overview" ➢ TBA "Library Building Committee Project Update" ➢ Permanent Building Committee Chair "Cemetery Garage Project Update" ➢ CPDC Chair "Comprehensive Zoning Project Update" ARTICLE 3 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend the FY 2016 -26 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw (section 6.1.3) states "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. The following changes are proposed to the FY2016 — FY2026 CIP (current year plus ten years): General Fund FY16: - $151000 $65,000 DPW: Replace Dump Truck C3 (1999; moved up from FY17) $35,000 Fac: Fire & Police station carpet/flooring $25,000 Fac: Replace batteries for emergency UPS units for schools & town buildings ($15,000) DPW: Dump Truck surplus ($25,000) Fac: Generator project surplus ($50,000) Fac: Fire station technology infrastructure ($50,000) Fac: Town Hall roof project surplus FY17: - $85,000 ($20,000) Police AEDs pushed back two years to match Fire dept. replacement cycle ($65,000) DPW Dump Truck C3 (moved up to FY16) FY18+ Various other changes made r-merprise runas - water FY16: None FY17: +$610,000 $575,000 Grove Street water main (1500 ft) $ 30,000 Unidirectional Water Main flushing 4 -year program +$ 5,000 add to Car #2 Replacement (now $35,000) FYI 8+ Various changes made enterprise ll-uncis - Sewer FY16: None FY17: +$35,000 $35,000 Replace Car #1 (2006 — moved up from FY18) $3 million debt for Charles & Sturges sewer stations moved back to FYI (reduces debt service for FY17 by $420, 000) FYI 8+ Various changes made ,�, 3 tnterprise runas — storm water FY16: None FY17: +$155,000 $150,000 Grove St. drainage repairs (new) $ 80,000 Bond St. outfall and drainage repairs (new) ($ 75,000) generic drainage projects reduced from $125k to $50k FYI 8+ Various changes made Finance Committee Report: The Finance Committee recommends the proposed amendments to the FY 2016 — FY 2026 Capital Improvements Program by a vote of x -0 -0 at their meeting on March 23, 2016. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report. By Charter, both the Finance Committee and Bylaw Committee are advisory to Town Meeting and their votes must be reported to Town Meeting, preferably in writing in advance when possible. Other volunteer Boards and Committees also vote on Warrant Articles, and when possible those votes are noted herein with an asterisk ( *) next to their name. *Board of Selectmen Report: The Board of Selectmen on March 22, 2016 voted x -0 -0 to support this Article. ARTICLE 5 'To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town Meeting of April 27, 2015 and amended under Article 5 of the Subsequent Town Meeting of November 9, 2015; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee Background: General Fund — Wages and Expenses Account Line Description Decrease Increase B91 — Benefits Disability Retirement (One Firefighter — $75,000 Wages cost shifted from department to central location) $75,000 B99 — Benefits Health Insurance premiums - $135,000 $135,000 expenses C99 — Capital DPW: Replace Dump Truck C3 (1999; $15,000 Expenses moved up from FY17) $65,000 r Fac: Fire & Police station carpet /flooring $35,000 Fac: Replace batteries for emergency UPS units for schools & town $25,000 DPW: Highway Dump Truck - $15,000 Fac: Generator project - $25,000 Fac: Fire Sta tech infrastructure - $50,000 Fac: Town Hall roof project - $50,000 E99 - Vocational Reduced for actual enrollment (Minuteman $70,000 Education & Essex North) - $70,000 F99 - FINCOM Not needed for modular classrooms $75,000 Reserves - $75,000 (remaining balance $150,000) G91 - Administrative Vacant positions during the year - $70,000 $70,000 Services Wages G92 - Administrative HR - Hiring Process expenses $22,000 $42,500 Services Expenses Technology - software for elder /human services to tie into state system $7,500 Technology - emergency repairs for engineering hardware $6,000 Technology - software for HR to streamline Personnel Reviews $4,000 Town Clerk - Vital Records project $3,000 G91 - Public Services Economic Development planner* $10,000 $10,000 Wages 191 - Finance Wages Finance Vacation /Sick buybacks $20,000 $20,000 J91 - Public Safety Police Vacation /Sick buybacks $75,000 $75,000 Wages K91 - Public Works DPW Vacation /Sick buybacks $30,000 $65,000 Wages Town Engineer overlap $35,000 K92 - Public Works Fuel - $50,000 $50,000 Expenses K93 - Public Works Snow & Ice Removal - $32,500 $32,500 Snow & Ice K94 - Public Works Street Lights - $25,000 $25,000 Street Lights K95 - Public Works Rubbish Disposal - $80,000 $80,000 Rubbish M91 - Core Facilities Consulting Services for Security System $125,000 Evaluation $125,000 U99 - School First year funding for new K -12 Science $150,000 Department Curriculum materials $150,000 Subtotals $552,500 $562,500 Net Operating Expenses $10,000 From Free Cash $0 *From Inspections Revolving Fund $10,000 Enterprise Funds — Wages and Expenses Account Line Description Decrease Increase Water - expenses Specialty tools for utility truck #5 $45,000 Hydrants for new water mains $25,000 $70,000 Subtotals $0 $70,000 Net Operating Expenses $70,000 From Water Reserves $70,000 Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen on March 22, 2016 voted x -0 -0 to support this Article. ARTICLE 6 To see what sum the Town will appropriate to the irrevocable trust for "Other Post - Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen Background: As part of the FY16 budget the town voted $500,000 in the general fund, $50,000 in the water fund, $20,000 in the sewer fund and $6,000 in the storm water fund for the Other Post Employment Benefit (OPEB) contributions. This Article will therefore move the total $576,000 of all these OPEB contributions to the irrevocable trust for Other Post Employment Benefit liabilities. The most recent OPEB valuation shows the Town's OPEB liability at $67.2 million. The three Enterprise Funds and the Light Department are on an aggressive fully funding twenty year schedule, and the General Fund is on a partial funding schedule projected over thirty years. The latter will transition to a full funding schedule as soon as possible, as is required by law or after the Pension Fund is fully funded in FY29. Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen on March 22, 2016 voted x -0 -0 to support this Article. ARTICLE 7 To see if the Town will vote to delete Section 8.8 Animal Control of the General Bylaw and insert the following in its place: s il / 8.8 Animal Control Pursuant to the authority set forth in MGL Chapter 140 Sections 136A -174E, inclusive, and any other relevant statutes and regulations issued pursuant thereto, the following requirements are adopted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions The definitions of words and terms set forth in MGL. Chapter 140 Section 136A are incorporated into Section 8.8 and shall be applicable to the interpretation thereof. In addition, unless the context clearly indicates otherwise, the following words and terms, as used in Section 8.8, shall have the following meanings: 8.8.1.1 Animal Control Appeals Committee (ACAC) The "Hearing Authority," as that term is defined in MGL Chapter 140 Section 136A, charged with the responsibility of handling dog complaints for the Town of Reading, pursuant to MGL Chapter 140 Section 157. 8.8.1.2 Animal Control Officer (ACO) A person appointed by the Town Manager who is authorized to enforce this Bylaw and MGL Chapter 140 Sections 136A -174E. 8.8.1.3 Effective Voice Control An animal shall be deemed to be "under effective voice control" if it is within the owner's or keeper's sight, the owner or keeper is carrying a leash, and the animal refrains from illegal activities. 8.8.1.4 Running at Large A dog is running at large if it is not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control. 8.8.2 Licensing and Fees 8.8.2.1 License and Vaccination Requirements In accordance with MGL Chapter 140 Section 137, the owner or keeper of a dog(s) six months of age or older, while residing in the Town of Reading, shall obtain a license for the dog from the Town Clerk, which shall be affixed to the dog's collar. To obtain or renew a license, each dog owner or keeper shall annually present proof of a current rabies vaccination or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 145B. 8.8.2.1.1 New Dogs and Puppies Within thirty (30) days of either (a) acquiring a dog six (6) months of age or older or (b) a puppy's six -month birthday, each dog owner or keeper in Reading shall present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 8.8.2.1.2 Lost Tags and Replacement Tags Dog owners and keepers shall replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. �J 8.8.2.1.3 Tag Exemptions for Dog Events While actually participating in an official dog sporting or dog fancy event, a dog may, if the event sponsors do not allow participants to wear tags, be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its collar; provided, however, that the dog owner or keeper shall have the tag at the event and available for inspection by the ACO. - 8.8.2.1.4 Tag Exemptions for Medical Reasons During any period when a veterinarian has determined that a dog cannot wear a collar for medical reasons, the dog shall be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its collar; provided, however, that its owner or keeper shall have the tag in his or her possession and available for inspection by the ACO. 8.8.2.1.5 Annual Renewal Dog owners and keepers shall renew each dog license annually. The annual licensing period runs from January 1 through December 31. 8.8.2.1.6 License due Date and Late Fee Application forms for obtaining, renewing or transferring a license shall be made available annually no later than December 31 each year. Dog owners and keepers shall return forms and fees to the Town Clerk by March 31 or, if such date is not a business day, by the first business day thereafter. Any license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license renewal fee. The license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to MGL Chapter 40 Section 58. 8.8.2.1.7 License Fees Fees for licensing each dog shall be determined by the Town Meeting; provided, however, that the fee for neutered or spayed dogs shall be less than the fee for non - neutered or non - spayed dogs. No dog license fee shall be charged for any service dog as defined by the Americans with Disabilities Act or regulations issued thereunder; or for a license for a dog owned by a person 70 years of age or older. 8.8.2.2 Kennel Licenses No person may own or board four or more dogs within the Town of Reading without first obtaining a Kennel License from the Town Clerk, in accordance with MGL Chaper 140 Section 137A; provided, however, that this requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading. To obtain or renew such kennel license, the owner or keeper of the dogs shall: (a) Present proof of current rabies vaccinations for each dog older than six months in the kennel or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 1456; and / (b) Pass an inspection by the Animal Control Officer pursuant to MGL Chapter 140 Sections 137A and 137C. 8.8.2.2.1 New Dogs and New Puppies A kennel licensee who is also the owner or keeper of dogs shall report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition; shall show proof of current vaccination; and shall obtain a kennel tag for that dog. The kennel licensee shall show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 8.8.2.2.2 Periodic Inspections The Town may perform an inspection of any kennel at any time pursuant to MGL Chapter 140 Section 137C. 8.8.2.2.3 Annual Renewal Each kennel licensee shall renew the kennel license annually. The annual licensing period runs from January 1 to December 31. 8.8.2.2.4 License Due Date Application forms for obtaining, renewing or transferring a kennel license shall be made available annually no later than December 1 each year. Kennel licensees shall return forms and fees to the Town Clerk by January 15 or, if such date is not a business day, by the first business day thereafter. Any kennel license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license fee. The overdue license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to MGL Chapter 40 Section 58. 8.8.2.2.5 Fees The fees for licensing each kennel shall be established by the Board of Selectmen. 8.8.2.2.6 Penalties Any person maintaining a kennel after the kennel license therefor has been denied, revoked or suspended shall be subject to the penalties set forth in Section 8.8.6. 8.8.3 Conduct of Dogs 8.8.3.1 Nuisance and Dangerous Behavior No dog owner or keeper shall permit the dog to become or remain a nuisance dog or a dangerous dog, as those terms are defined and used in MGL. Chapter 140 Sections 136A and 157. 8.8.3.2 Leash Law When not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, a dog shall be on a leash; provided, however, that it may be under effective voice control when within the Town Forest or on conservation lands. 8.8.3.2.1 Public Gatherings - Leash Control Only Except as otherwise specified in Section 8.8, a dog may be at any public gathering only if it is on a six -foot or shorter leash and refrains from illegal activities. 8.8.3.2.2 School Grounds Unless the School Principal gives permission in advance, no dog may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the dog may be on school grounds only if it is on a six -foot or shorter leash or remains within a vehicle. 8.8.3.2.3 Exception for Assistance Animals (service animals) The provisions of this Section 8.8.3.2 shall not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.3 Dog Litter Every dog owner or keeper shall be responsible for expeditiously removing any feces that the dog deposits anywhere except on its owner's or keeper's private property, or on other private property with the property owner's permission 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an ACO pursuant to MGL Chapter 140 Sections 151 and 151A to carry out the provisions of Section 8.8 and to perform such other duties and responsibilities as the Town Manager or its designee may determine. 8.8.4.2 Duties The ACO's duties shall include the enforcement of the provisions of Section 8.8 and of MGL Chapter 140 Sections 136A -174E and any relevant state or local regulations. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO may issue a Temporary Restraint Order to the owner or keeper of any dog that is alleged to be a nuisance dog or a dangerous dog and is awaiting a decision under Section 8.8.5.2. A Temporary Restraint Order shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO may rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The ACO's order shall expire upon receipt of a decision from the ACAC on the nuisance dog or dangerous dog hearing. 8.8.4.4 Issuance of a Temporary Confinement Order The ACO may make arrangements for the temporary housing of any dog that requires such temporary housing, and may issue an Order of Temporary Confinement authorizing such temporary housing. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the dog owner's or keeper's expense. 8.8.4.5 Complaint Investigation The ACO shall make a written record of and shall investigate all complaints arising within the Town pertaining to violations of Section 8.8 or MGL Chapter 140 Sections 136A -174E and report its findings to the ACAC. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all dogs held in custody, all bite cases reported, and the results of investigations. The ACO shall maintain a telephone log of all calls received regarding dogs and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee shall be composed of three Reading residents, none of whom shall otherwise be employees of the Town, appointed to three -year overlapping terms by the Board of Selectmen. The ACAC shall annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Nuisance or Dangerous Dog Hearings Any person may file a complaint in writing to the ACAC that a dog owned or kept in the Town is a nuisance dog or a dangerous dog. All such complaints shall be investigated and addressed in accordance with MGL Chapter 140 Section 157. 8.8.6 Penalties 8.8.6.1 Fines Any dog owner or keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any dog owner or keeper who fails to comply with Section 8.8.3 shall be subject to penalties as determined by the ACAC, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.6.2 Reimbursement of Costs If the ACO confines a dog and the dog owner or keeper does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper shall be required to reimburse the Town for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper shall obtain a license and pay any applicable late fee before the dog can be released. 8.8.6.3 Penalties for Violating Temporary Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of Temporary Restraint Orders. 8.8.6.4 Penalties for Non - Compliance with and Order of the ACAC �, /I An owner or keeper of a dog who fails to comply with an order of the ACAC shall be punished in accordance with MGL Chapter 140 Section 157A. 8.8.6.5 Enforcement In addition to any other means of enforcement, the provisions of Section 8.8 and the regulations adopted pursuant thereto may also be enforced by non - criminal disposition in accordance with the provisions of Section 1.8, and MGL Chapter 40 Section 21 D. The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense. Board of Selectmen Background: The Commonwealth's laws governing the licensing and control of dogs and kennels were substantially revised in 2012. The revised laws now: • require animal control officers to receive training; • create categories for kennel licensing; • require health certificates for dogs and cats brought into or sold in Massachusetts: and • provide a clear process for dangerous dog and nuisance dog hearings, including: • explicit criteria that a hearing authority either must consider and those that must not be considered; and • lists of actions that the hearing authority may take once it has concluded that a dog is indeed a nuisance dog or a dangerous dog. The proposed new Animal Control Bylaw would bring the Town into compliance with these changes. Any provisions that are inconsistent with the General Laws have been proposed for removal, and an appropriate statutory citation has been added. Definitions that are contained in the General Laws have been removed to avoid any ambiguity. The Town will retain its Animal Control Appeals Committee as its "Hearing Authority" for nuisance dog and dangerous dog hearings. Beyond these changes, the remainder of the bylaw would be streamlined and re- worded for clarity. Many existing provisions are proposed to be reorganized and, when logical, combined or omitted. The internal citations would be made accurate, and previously unnumbered paragraphs would have proper citations for ease in application of the bylaw. The proposed bylaw would also address several minor comments made by the Attorney General's Municipal Law Unit on its prior provisions. For those interested in a bold /cross out copy of the changes made, please visit the Town's website and look under the Town Clerk's division for 2016 Annual Town Meeting information. What follows is an executive summary of the specific amendments to the Animal Control Bylaw for you to use in your deliberation of the proposed new bylaw. (1) Definitions (a) The definitions of the following terms are contained in the General Laws and have therefore been deleted from the bylaw: • Dangerous Dog • Euthanize • Keeper • Kennel • License Transfer • License • Nuisance Dog (b) In addition, the definitions of the following terms have been deleted because they are adequately defined within the Bylaw or the General Laws and are therefore redundant: • Kennel License • License • License Transfer • License Period • Permanent Restraint • Restraint • Temporary Confinement Order • Temporary Restraint Order (c) The term "muzzling" has also been deleted, as it no longer appears in the bylaw. (2) Licensing. The requirements regarding licensing, vaccination and fees have been revised to consolidate the bylaws into a more clear and concise statement and to reference the General Laws where appropriate, rather than repeat everything from the statute. Most of the amendments are not substantive in nature, except for the following: The bylaw now states that license fees and late fees will be determined by Town Meeting, rather than the Board of Selectmen. This change brings the bylaw into compliance with M.G.L. c.140, §139(a). (3) Kennel Licenses. The provisions regarding kennel licensing have also been consolidated and streamlined to make them more clear and concise and to reduce duplication of the statute. The provisions regarding inspections, review hearings and penalties have been deleted and replaced with a reference to M.G.L. c.140, §137C, which governs inspection of kennels; revocation, suspension and reinstatement of licenses; and nuisance conditions in kennels. In addition, the provisions governing physical location of kennels have been deleted as they either directly conflict with or have the potential to conflict with corresponding provisions of the Zoning Bylaw. (4) Conduct of Dogs. The statutes regarding nuisance dogs and dangerous dogs describe the types of behavior that may be regarded by the Hearing Authority as "dangerous" or "nuisance" and provides a detailed procedure by which the Hearing Authority must conduct itself when presented with a dog complaint. To reduce any possibility of conflict between the bylaw and statute, the provisions in the bylaw that describe any prohibited behaviors have been deleted, since regulation of these behaviors is already covered by the statutes. The Town's leash requirements remain substantively intact, with minor revisions to make the bylaw more clear and concise. ,4(r 113 (5) Animal Control Officer. The bylaw provisions governing the authority and duties of the Animal Control Officer ( "ACO ") remain largely intact. The suggested amendments are intended to make the bylaw more clear and concise and to give the ACO added flexibility in carrying out his /her duties with respect to Temporary Restraint Orders and Temporary Confinement Orders. Also, to aid the Town in conducting nuisance and dangerous dog hearings, the ACO is now required to make a written record of all dog complaints. This will ensure that the Town's records include all such complaints, even those made verbally. (6) Animal Control Appeals Committee. The statutes regarding nuisance and dangerous dogs provide detailed rules for the Hearing Authority (in Reading, the Animal Control Appeals Committee or "ACAC ") to apply when carrying out its duties. Therefore, substantially all of the bylaw regarding nuisance or dangerous dog complaints, hearings, exemptions, findings, declarations, remedies and appeals have been deleted to avoid any chance of conflict with state statutes. Instead, the bylaw now provides that any person may file a written complaint to the ACAC and that such complaints shall be investigated and addressed in accordance with M.G.L. c.140, §157. (7) Penalties. The penalties section remains largely unchanged. The only substantive amendment that has been made is to add a provision providing for penalties for non- compliance with an order of the ACAC. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on xxx. ARTICLE 8 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND ", or take any other action with respect thereto. Board of Selectmen Background: Chapter 140 of the Acts of 2001 authorized the Town of Reading to establish a separate fund known as the Affordable Housing Trust Fund (AHTF). The AHTF requires Town Meeting approval of an annual allocation plan submitted by the Board of Selectmen. AHTF expenditures require approval by a majority vote of the full combined membership of the Board of Selectmen and the Reading Housing Authority. AHTF uses include: ♦ Create or preserve affordable housing; ♦ Maintain or operate affordable housing; ♦ Develop new or rehabilitate existing housing as affordable homeownership or rental units; The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend funds on affordable housing. The current AHTF balance of $261,391.75 reflects revenue generated through the actions of the CPDC, as well as proceeds from the loss of an f affordable unit. There are no Town tax generated funds in the AHTF. The only expenditure to date from the AHTF, in the amount of $200,000, was to assist Oaktree development with financing affordable housing at 30 Haven Street. At the 2012 Annual Town Meeting, approval was given for funding to hire a consultant to assist a staff initiative to update the Town's Housing Plan, including the five -year "Housing Production Plan ". This effort is important as a defense against unfriendly 40B developments in the community, and requires the Town to develop a phased plan to produce housing to reach the 10% threshold as required by MGL Ch. 40B. Reading's Housing Production Plan has been approved by the Board of Selectmen and by the Commonwealth of Massachusetts. The Town commissioned and received a supplemental report on how the AHTF can best be used to support the "Planned Production" goals of the Housing Plan. This report was received in late winter 2012, and a presentation was made in April of 2013 to the Board of Selectmen and the Reading Housing Authority. The report recommends a significant restructuring of the Town's AHTF efforts. The Board of Selectmen considered these recommendations two years ago, but decided against any changes. Therefore, the current recommendation is to adopt the AHTF Allocation Plan as shown below as the framework for the use of Affordable Housing Trust Fund in FY 2017. Note that Reading as lead community is part of a regional effort (along with North Reading, Wilmington and Saugus) to share a Regional Housing Services Office (RHSO). The RHSO monitors and administers affordable housing requirements including tracking and updating the Subsidized Housing Inventory (SHI) as well as maintaining ready buyer and ready renter lists. Affordable Housing Trust Fund Allocation Plan FY 2017 Pursuant to Article 8 of the 2016 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2017 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as follows: Available Balance — Unrestricted Funds: $261,391.75 Available Balance — Restricted Funds $ 0 Unrestricted funds shall be used for the following purposes: 5% up to a maximum of $10,000 for administration of Affordable Housing Remainder for constructing affordable housing (including loan and grant programs); or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. Bylaw Committee Report: No report. ARTICLE 9 To see if the Town will vote to authorize revolving funds for certain Town Departments under Section 53E Y2 of Chapter 44 of the Massachusetts General Laws for the fiscal year beginning July 1, 2016 with the receipts, as specified, credited to each fund; the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year- end. Revolving Spending Revenue Allowed Expenditure Limits Year End Account Authority Source Expenses Balance Fees as Consulting and provided for in engineering services for Conservation Reading General the review of designs $25,000 Commission Bylaws Section and engineering work Available for Consulting Conservation 5.7, Wetlands for the protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan review, initial property Building, appraisals and appeals, Plumbing, Public Services Wiring, Gas and planning and general $200,000 other permits for management, curb the Oaktree, sidewalks and Addison - Wesley/ pedestrian safety Inspection Pearson and improvements, records Available for Revolving Town Johnson Woods archiving and other expenditure Fund —Manager developments project related costs. next year Clinic fees, Materials and costs Public Health charges and associated with clinics $25,000 Available for Clinics and Board of third party and public health expenditure Services Health reimbursements programs next year Library Library Charges for lost Acquire Library Available for Materials Director and or damaged materials to replace lost $15,000 expenditure Replacement Trustees Library materials or damaged items next year Facilities Mattera Director Utilities and all other $10,000 vailable for Cabin ° °^,zcvrcaivrt maintenance and expenditure Operating Administr ater Rental Fees operating expenses next year Director of Public Works upon the recommenda tion of the Sale of timber; Planning and Available for Town Forest fees for use of Improvements to the $10,000 expenditure Town Forest Committee the Town Forest Town Forest next yea r or take any other action with respect thereto. -<),It Board of Selectmen Background: The revolving funds established in this article are subject to annual renewal by Town Meeting. Conservation Consulting Revolving Fund - These funds are used to receive payments from applicants, hire expert consultants where required, and return the balance to the applicant. The balance in the Conservation Consulting Revolving Fund as of February 2016 is $2,888. Inspections Revolving Fund - Beginning in 2004, Town Meeting approved the Inspections Revolving Funds as a way to deposit building and other permit fees from three large projects (the Oaktree, Pulte Homes and Johnson Woods developments). The balance available as of February 2016 in this fund is $772,105, and of that total $200,000 is proposed by the Town Manager: $75,000 to be used to help offset some building division related activities in the FY16 Public Services budget, as has been the case for several years, plus upon the advice of the Board of Selectmen along with the support of a Financial Forum $125,000 is set aside to fund a new economic development planning position. The balance in this fund will allow four years of expenses at this pace at which point the results of the economic development efforts can be fairly judged and should be self- funding. Health Clinic Revolving Fund - The Reading Health Division contracts for third party payments for a number of immunizations. The funds are used to augment the influenza vaccine supply from the State Department of Public Health to insure vaccine for the homebound clients and first responders. The Division also uses these funds for materials for other screening clinics. Clinic client fees are also deposited into this fund to offset vaccine and clinical supply costs. The balance available as of February 2016 this fund is $60,459. The State has been cutting back on the free flu and other vaccines to be distributed to cities and towns, and the Town therefore needs to purchase extra doses. The necessary amounts used for clinic vaccine, supplies and staff salaries related to the clinics each year directly from the revolving fund is therefore approximately $25,000. Library Materials Replacement Fund — During the course of a year, the Library recovers funds from patrons who have lost or damaged books or other materials. Previously, those funds went into the Town's General Fund and at the end of the year went into Free Cash. Once this Revolving Fund was adopted (beginning in FY 2010), those funds recovered from patrons for lost or damaged materials were available directly to the Library for expenditure to purchase replacement materials and processing supplies. The balance available as of February 2016 in this fund is $433. Mattera Cabin Operating Fund — The log cabin on the Mattera conservation land was purchased several years ago, and was renovated by the Vocational School. Some of the use is revenue generating, and it is anticipated that over time the site will generate enough funding to pay the operating costs of the cabin — primarily utilities. This Article allows those revenues that are generated to be used directly for the operating expenses of the cabin. The balance available as of February 2016 in this fund is $1,006. In response to an instructional motion by Town Meeting, the Town Manager has moved the responsibility for both the Mattera Cabin and Cemetery garages to be moved to the Facilities department. ,!�,'f? Town Forest Revolving Fund was created in 2011. The purpose is to allow revenues from controlled timber harvesting and permit fees to then be spent by the DPW Director upon the recommendation of the Town Forest Committee, on improvements to the Town Forest, including planning efforts. The Town Forest Committee has had a forest stewardship plan created (through a grant) to make recommendations on forest management including controlled timber harvesting. The balance available as of February 2016 in this fund is $0. It is anticipated that timber harvesting on a limited basis could begin at any time, and therefore there will be future proceeds which can be used for the purposes of the revolving fund. Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. Bylaw Committee Report: No report. ARTICLE 10 To see if the Town will vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine; or take any other action with respect thereto. Board of Selectmen Background: The following equipment is scheduled for disposal: Division Year Make Estimate Value Notes Cemetery 1999 Ford $7,500 Dump truck Highway 1994 Ford 9,500 Aerial Highway 1981 Clark 1,500 Forklift Highway 1999 Bobcat 12,500 Skid Steer Highway 1993 Bombardier 8,500 Snow Bombardier Highway Broken granite curbing Parks 1999 Giant Vac 3,750 GV Leaf Vac Parks 1999 Smith Co 3,500 new motor; unsure of hrs Parks 1994 Smith Co. 500 hr meter stopped Cemetery 1999 Skag mower Water Emqlo 150 Ad Svc Office Furniture Police 2011 Ford Car 14 Police 2005 Ford Car 17 Police 2011 Ford Car 11 Police 2007 I I Car 4 � % ri Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at their meeting on March 22, 2016 voted x -0 -0 to support this Article. ARTICLE 11 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: In December 2015 the town became aware of an outstanding invoice to Canon Financial Services in the amount of $328.65 that had been bundled into current balances due, while it was in fact for services rendered in April 2015. The services rendered were a copier lease managed through the Town Manager's office. Finance Committee Report: The Finance Committee recommends this Article by a vote of x- 0-0 at their meeting on March 23, 2016. This bill is an obligation that should be paid by the Town, with a source of Free Cash. Please note that a 9/10 majority vote by Town Meeting is required to make these payments. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen on March 22, 2016 voted x -0 -0 to support this Article. ARTICLE 12 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2017 - beginning July 1, 2016, or take any other action with respect thereto. Finance Committee Background: Please see the yellow pages of this document for the full details of the FY17 budget. Finance Committee Report: Please see the yellow pages — Spending Scorecard of this document for the votes of the Finance Committee online items in the FY17 budget. The Finance Committee recommends the subject matter of Article 12 as explained by these votes at their meeting on March 23, 2016. Bylaw Committee Report: No report. ARTICLE 13 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Section 6 of Chapter 44 of the Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90 of the Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen Background: After a one -time increase in FY15 to $900,000, Reading has settled back into the $600,000 range which is what is projected for FY17 for Chapter 90 (local road repairs). The motion made at Town Meeting will be to accept the Chapter 90 state assistance at whatever level is ultimately available, a trend in other communities in order to avoid this uncertainty of the timing of the state budget process. Finance Committee Report: At their meeting on March 23, 2016 the Finance Committee voted x -0 -0 to recommend this Article. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at their meeting on March xx, 2016 voted x -0 -0 to support this Article. ARTICLE 14 To see if the Town will vote, pursuant to Section 2 -6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one -half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto. Board of Selectmen Background: The Reading Home Rule Charter provides for the removal by Town Meeting of Town Meeting Members who did not attend at least half of the Town Meeting sessions during the previous year. Total of 2 Town Meetings resulting in 6 nights to attend Listed below are those who attended less than 3 nights ?2�0 Total Precinct First Name MI Last Name Term Attended 2 Walter J Carroll 2017 0 2 Carol Sampson 2017 0 5 Patrick P O'Sullivan 2018 2 ?2�0 Jacqueline MK Petrillo 2017 Drucilla Wood- Beckwith 2018 Si- a I °F I? 1. c. Town of Reading Meeting Minutes �o Ofs39 )NCOApO��S Board - Committee - Commission - Council: Board of Selectmen Date: 2016 -03 -08 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Open Session Version: Chairman John Halsey, Vice Chairman Kevin Sexton, Secretary Barry Berman, John Arena and Daniel Ensminger Members - Not Present: Others Present: Town Manager Peter Hechenbleikner, Executive Assistant Paula Schena, Al Sylvia, Greg Stepler, Nancy Twomey, Rachel Baumgartner, Vicki Yablonsky, Joe Huggins, Bob Labrecque, Jane Kinsella, Michael Bean, Alice Collins, Geoffery Coram, John Coote, Mark Dockser, Linda Snow Dockser Minutes Respectfully Submitted By: Secretary Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Barry Berman noted that he attended the Library Building Committee meeting. He had sad news that Jody Avtges died last week and she was on the front line of everything positive, he sends his condolences to her family. Daniel Ensminger noted that he had breakfast with the Town Manager, the Superintendent of Schools and the School Committee Chairman. John Halsey noted that he attended the RCASA meeting. There is concern about funding going forward. We have been extremely successful in getting grant funding and some of it cannot be reapplied for. Many things are going on including mental health, first aid, etc. Public Comment - Bill Brown noted that the Finance Committee was out of line at the January 20th Financial Forum. He noted that they were lobbying for an override when their role is to advise Town Meeting. John Arena noted that members of this board have had comments of advocacy but at the end of the day it is up to Town Meeting. Town Manager's Report - The Town Manager noted that the Town of Reading had two robberies with one hour and he showed the picture of one of the thieves. There was no picture available of the other robber. Discussion /Action Items Board Reorganization - The meeting was turned over to the Town Manager who requested nominations for Chairman of the Board of Selectmen. Page 1 1 Board of Selectmen Minutes - March 8, 2016 - Aaae 2 Sexton moved and Berman seconded to nominate John Halsey for Chairman. A motion by Ensminger seconded by Berman to close the nominations was approved by a vote of 5 -0 -0 and John Halsey was named Chairman by a vote of 5 -0 -0. Ensminger moved and Berman seconded to nominate Kevin Sexton for Vice Chairman. A motion by Ensminger seconded by Berman to close the nominations was approved by a vote of 5 -0 -0 and Kevin Sexton was named Vice Chairman by a vote of 5 -0 -0. Ensminger moved and Sexton seconded to nominate Barry Berman as Secretary. A motion by Sexton seconded by Ensminger to close the nominations was approved by a vote of 5 -0 -0 and Barry Berman was named Secretary by a vote of 5 -0 -0. Board Liaison Assignments - John Halsey noted that the Board members should discuss changes to the liaison assignments. He will confer with each Selectman separately to find out their interests. The assignments will be made in a couple of weeks. 116 Van Norden Road Tax Title - The Town Manager noted that the Town took possession of this property one year ago and a private party has stepped up to finance. He recommends that the Board of Selectmen approve. He noted that the Town does try to work with residents. John Halsey asked if the person living in the house is the person who is paying and the Town Manager noted that no, an independent third party is paying. He believes it is a friendly acquisition but he is not privy to the details. John Arena asked why we vacate the tax title before payment is made and the Town Manager noted that is because of the third party's payment agreement. Barry Berman asked if anyone else who is elderly is in this position can we put them in touch with Elder Services and the Town Manager noted that we can if that person welcomes us into their home. A motion by Berman seconded by Sexton that as provided under MGL Chapter 60, Section 69, the Board of Selectmen hereby move to vacate the final judgment entered on February 24, 2014 in tax lien foreclosure case Town of Reading v. Frederick J. Boni, Case No. 13 TL 147026 covering the property located at 116 Van Norden Road, Reading, MA, Assessors' Map 39, Lot 72, formerly known as Map 155, Lot 1, upon payment by FREDERICK J. BONI on or before MARCH 31, 2016 of all amounts due to redeem the tax taking covering the property, which include, but are not limited to, taxes and interest to the date of payment, all charges and fees associated with the foreclosure case and any costs incurred by the Town in the care, custody and control of the property after the entry of the judgment. The motion was approved by a vote of 5 -0 -0. Preview Annual Town Meeting - The Town Manager reviewed the articles regarding money. He noted that there is rearranging of funds that result in the use of $32,000 in free cash. Items included funding for an Economic Development Planner; the consulting services for security system evaluation at $125,000; and first year funding for a new K -12 science curriculum materials at $150,000. Board members had some concern about the funding of the science curriculum for the first year because it is unknown how it would be paid after that. Daniel Ensminger strongly suggested that the Economic Development Planner report to the Town Manager because that person will be more about economic development. M, Page 1 2 Board of Selectmen Minutes - March 8, 2016 - page 3 Project Update - Library Building Committee - Library Building Committee Chairman David Hutchinson noted that the project is well managed. They plan to be on target and within budget. This is an $18.4 million project with $5.1 million being paid from the state. They are targeting opening in Q3 2016. The project has been tightly managed by the Library Building Committee, Selectmen liaison Barry Berman, the Finance Committee liaisons, the Library Trustees and the MBLC. Also, STV's project manager, the architect and general contractor. John Arena asked how much the not committed amount is and Bob Labrecque noted under $1.5 million. John Arena asked if the deficit is $100,000 - $200,000 and Bob Labrecque noted there is no deficit yet. He estimates $150,000 but we should be able to manage. Bob Labrecque noted that they are into finishes now and finishes that we missed in the documents. All major elements have been brought up and they are down to basic fit up items. John Halsey asked if they are $150,000 over, where they would get the money. David Hutchinson noted probably out of FF &E. Bob Labrecque noted they are driving down the price of A/V and they were just awarded the furniture contracts. John Arena asked if the forecast is to spend $18.550 million and the Town Manager noted no, that the forecast is to spend $18.4 because we don't have any more to spend. Some things won't get done. David Hutchinson noted the plan is to negotiate down. The bid came in under but unforeseen conditions used that up. There have been no designer changes other than reacting to discovered conditions and the sense is to do it right while we have things open. A substantial amount of money went into masonry and brickwork. Bob Labrecque noted that once they opened up the walls it kept expanding. Unforeseen conditions so things had to be rebuilt. David Hutchinson noted that was hazardous material in the masonry. The porte cochere was built on rubble so we had to remove it and rebuild the foundation. The plan was to have good drainage and they discovered ledge under the parking lot. Daniel Ensminger asked if it is earthquake proof and Bob Labrecque noted that seismic was designed in. Bob Labrecque noted that they found the original foundation was porous with rainstorms so they did additional waterproofing. David Hutchinson noted that waterproofing was planned but not this much. David Hutchinson noted that site plan discussions caused delays, a protest on the bid delayed the project one month and we ran out of time before winter. Kevin Sexton asked if they are scaling back on the A/V and Bob Labrecque noted that they received competitive pricing and Facilities can install the wireless outlets. The book display cases can be delayed. John Arena asked if anything historical was found and Bob Labrecque noted an old safe that had a couple of books in it. John Halsey asked if there will be space for historical document storage and Vicki Yablonsky noted there will not. There will only be space for the historical material they had. John Halsey noted that is very discerning. John Arena noted they need to look at a way to make space. Page 1 3 63 Board of Selectmen Minutes - March 8, 2016 - pane 4 The Town Manager noted that a lot of the unforeseen conditions were due to poor workmanship during the last renovation so that is a lesson for the future. Project Update and Committee Overview - Permanent Building Committee - Permanent Building Committee Chairman Greg Stepler, Patrick Tompkins, John Coote, Nancy Twomey, Brad Congdon, Michael Bean, David Trainiello, Cemetery representative Bill Brown and Finance Committee rep Paula Perry were all present. Greg Stepler noted the committee was formed on October 6, 2015. They have met seven times. They are looking at the cemetery building and developing a process for projects coming before them. They will make objective decisions. An ad hoc committee in 2010 mentioned the water problem at the Library but it never got put in the plans. John Arena noted that they need to collect data on all Town buildings. Greg Stepler noted that the project assessment process will consist of an application, evaluation and reporting. Projects will be filtered by the Board of Selectmen, Library Trustees and Schools. The MSBC requires a statement of interest which is a four page document. Greg Stepler noted that if someone has a need they should go to the Permanent Building Committee and get into evaluation mode. John Halsey asked if they will be holding public hearings with stake holders and Greg Stepler noted they could. For the cemetery they poured through material already acquired and did site visits. Reports will be addressed to the Board of Selectmen, the Town Manager and Boards and Committees. Barry Berman asked if there is any vision of creating a fund so they don't have to wait for Town Meeting. Greg Stepler noted they have discussed a small amount of $20,000 - $30,000 but there have been no decisions yet. The Town Manager noted that the key to that would be to identify who authorizes. It could be a capital account or a revolving fund. It may be best to put a line in the Town Manager's budget and renew each year. That seems like best practice. Greg Stepler noted that the information needs to be archived for the next time to go back and reference in the future. Town Meeting approval will be final. The Town Manager noted that this group does not want to be involved in politics. John Arena asked how the workload has been and Greg Stepler noted that they are meeting every two to three weeks. Barry Berman noted that all of the buildings are different and Greg Stepler noted they are but they will all have to use the same process. Kevin Sexton asked how they envision archives being set up and Greg Stepler indicated however the Town feels is best. The Town Manager noted that we have electronic storage. Bill Brown noted that an archive is a great idea. When we built the Fire Station we paid a consultant to determine the location and we already knew the location. Greg Stepler went on to note that the sponsoring agency is one of three boards - the Board of Selectmen, Library Trustees or School Committee. Daniel Ensminger noted that siting is not in the Bylaw and a dollar threshold should be used for all projects. Barry Berman noted that the MGL says $1.5 million for owners OPM so the threshold should be the same as the state. Greg Stepler noted that there shouldn't be a Fjf Page 1 4 (� Board of Selectmen Minutes - March 8, 2016 - aaae 5 dollar value. The Town Manager noted that roof repairs could be $2 million and there is no need for the Permanent Building Committee to be involved. Barry Berman asked if there is any way the Committee can play a role in the Capital Planning. Greg Stepler noted that the charge of the Committee is to evaluate all of the buildings and Joe Huggins has sent us that information already. John Arena noted he was worried that they will get buried with small items so they should concentrate on the big projects. Greg Stepler agreed and said that routine maintenance has no question of feasibility. They don't want to take on each single project. We should use them when we need our expertise. Greg Stepler noted that the Bylaw doesn't reference associate members or when the project exists or when we call for temp members. The Committee has decided that when Town Meeting approves a project then they will call for temporary members. They will meet monthly during construction and then closeout and archive. Barry Berman noted that if they have two projects at one time it could be difficult to attend all of those meetings. Nancy Twomey noted they could split up the committee for continuity. John Halsey noted that the sponsoring committee needs to look at the band width of the projects. John Halsey said what happened with the Library Building Committee will never happen again and Greg Stepler indicated that was correct. The Town Manager noted that the Permanent Building Committee is more of a middle ground. The time and work that went into the Library was huge. Greg Stepler noted that they reviewed all the available information on the cemetery garage and did site visits. They need input from Conservation and then they will develop details for the scope of work for design services. The Board thanked the Committee for their update. Town of Reading Financial Overview - The Town Manager noted that the last override was between FY03 and FY04 and we had increases of 3.1% and 3.2% after the override. He noted spending less on capital inside the levy and we got rid of debt so the money all went to health benefits which is why we've been able to get by for so long. We also saved $4 million when we refinanced the High School. John Halsey noted that our free cash numbers get us in the position of good financing rates. The Town Manager noted that the year before the override we spent $25,000 on capital and $10,000 of that was the Town Manager's rainy day account. That resulted in not taking care of the fleet, etc. Capital came last if there was any money left over. We've had 5.7% - 7% increases each year in health insurance. This year there is a 7.6% increase in health insurance. In 2010 the Town brainstormed on ways to raise new revenues and come up with the following suggestions: • Sale of Town land - one -time thing • Cell towers - opportunity there • Economic Development position The Town Manager noted that all of these are low revenue items. John Arena asked the Town Manager to monetize them and he noted all of them are $25K per year or less. 4 w, Page 1 5 Board of Selectmen Minutes - March 8, 2016 - aaae 6 Cost cutting efforts include: • Shifting costs to employees • Saving money in electric costs by doing improvements • Regional assessment - better service The Town Manager noted that people in general don't want to pay more money; they want you to manage better. The chart shows we've been managed well over the last 10 years. Barry Berman noted that some towns ask for an override every year. Reading has done a good job managing and we only ask when we really need it. We have a good history. John Halsey noted that residents need to be educated on the difference between a debt exclusion and an override. There seems to be some confusion about that. He noted that we need to talk with the neighborhoods and to work closely with the School Department to get information out there. A resident asked why cash reserves cannot be tapped into; if reserves are at 5% and if there is any wiggle room. The Town Manager noted that reserves are at 9% - 10% right now and 5% is the floor that we shouldn't go below. The Finance Committee spends free cash to balance the budget and on capital. The same resident asked if there is any free cash that can be spent to help the tax problem and John Halsey noted that the Selection are looking at a variety of tools to help the taxpayer. If we take money that is earmarked for other things then we will be on a collision course. We do have to maintain some to cover unexpected expenses. We need to look for tools to help those who will be mostly negatively affected. Mr. Halsey noted that Representative Brad Jones did a good article on circuit breakers and people would find that helpful to read. John Arena noted that the most confusing part of free cash is that the sources are not guaranteed and the likelihood of getting replenished is getting smaller each year. Mark Dockser, Precinct 1 noted that if we take money out of free cash to pay for the operating budget it will not be there next year. A resident from 31 Ridge Road noted that 80% of the School Budget is employee benefits. A resident asked about the philosophical approach of the Permanent Building Committee. The Town Manager noted that they are developing a process to use for future projects. They are "learn as they go." The Town Manager noted that there shouldn't, have been any surprise to the community regarding the Library and the override - they are two different things. Linda Snow Dockser, 85 Beaver Road noted that the Town has a program to work off debt by working for the Town. The Town Manager noted that a resident can work off $750 towards their taxes, but the income requirements are very low so not many people qualify. Linda Snow Dockser asked if Reading or the States sets the requirements and the Town Manager noted that the State establishes the requirements but the Town gets to set a few criteria. Leah Barton asked is the Town is considering an override with cost cutting efforts. John Arena noted that as far as cost reduction ideas go the big rocks have already been lifted and the small. rocks are there but there is not much savings. We are always spending more than what comes in. Page 1 6 Board of Selectmen - March 8, 2016 - aaae 7 Barry Berman indicated he feels people are more inclined if we don't ask every year. As far as economic development the rate of new growth is small. We have limited commercial tax base and we will never grow our way out of the problem. Daniel Ensminger noted that we are demonstrating tightening our belt. We are doing that in FY17 by reducing staff, both Town and Schools. John Halsey noted that we have to bring commerce to the area and limit residential development. We need to mitigate what we have. Daniel Ensminger noted that 40B's are being thrust upon us and we can't turn them down. We had a proposal years ago to Zone 40R but the neighbors didn't want it. Eric Burkhart noted that he saw on Facebook something about the schools need $10 million more to educate 24 more students. He noted this is a mischaracterization and the Town needs to be careful how we present the need analysis. It would be helpful to see what the path looks like and what is the timing. A resident from Precinct 7 noted that Reading ranks on the bottom of the list in per pupil spending. We need to ask people where we should be because they don't realize we are at the bottom. John Arena noted that data is based on State criteria and the Town of Reading does not bus so the numbers are not correct. A resident from Precinct 6 noted that money does not equal results. The Schools are strapped to meet the needs. We have unfunded mandates and we are on a downward trend. John Halsey noted that we have financial issues that prevent us from doing things. Linda Snow Dockser noted that no teachers are being laid off for the science program. She feels we need to work together. Daniel Ensminger noted that the School Committee needs to talk about common core. The Town Manager reviewed the proposed calendar in reverse as follows: • 11 -8 Presidential Election • 10 -18 Special Election • 9 -13 Notify Town Clerk of Special Election • 9 -12 Special Town Meeting (Arena suggested adding a second night on 9 -15) • 8 -16 Close the Warrant for the Special Town Meeting • Do Neighborhood meetings in May at the Schools (Barry Berman requested doing one at the Senior Center) The Town Manager noted that the Board needs to decide how long the override will last and how much the Town and Schools need each year. John Halsey suggested doing a blended override. A motion by Ensminaer seconded by Arena to proceed with the calendar to hold an override vote on October 18, 2016 was approved by a vote of 5 -0 -0 Approval of Minutes A motion by Berman seconded by Sexton to approve the minutes of January 19 2016 was approved by a vote of 5 -0 -0. A motion by Berman seconded by Sexton to approve the minutes of January 26 2016 as amended was approved by a vote of 5 -0 -0. A motion by Berman seconded by Halsey to approve the minutes of February 23 2016 was approved by a vote of 4 -0 -1 with Arena abstaining. Page 1 7 61j /7 Board of Selectmen Minutes - March 8, 2016 - page 8 A motion by Berman seconded by Sexton to adjourn the meeting at 11:17 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary Page 1 8 6A18- t -�c - /5D, Schena, Paula From: LeLacheur, Bob Sent: Friday, March 11, 2016 11:43 AM To: Schena, Paula Subject: FW: Dollar Store downtown BOS packet From: Rachel Hitch [ Sent: Friday, March 11, 2016 11:20 AM To: Town Manager; Reading - Selectmen Subject: Dollar Store downtown Good afternoon gentlemen- I am writing to follow up on a rumor that is circulating among town residents that the vacant Main Street Walgreens location is soon to be occupied by a Dollar Store. I will remain optimistic that this is only a rumor, and would appreciate learning from you the veracity of this information. However, if there is any truth to it, I would like to express my deep concern about this potential outcome. I know that the Town of Reading has been working hard over the past few years to revitalize the downtown and make it a more vibrant, attractive place for businesses, restaurants and residents. A dollar store in that location - the heart of downtown, a prominent spot on Main Street, across from City Hall - will swiftly and loudly create a "brand" for Reading that conveys a very different message to future developers, retail location scouts and restaurateurs than the one that you have been trying to convey. I believe it has the potential to put the breaks on the great progress that you have been making over these past few years. I know that there are multiple vacancies downtown, and I know that this is frustrating for economic development and growth. However, this cannot be the right outcome for the town. I encourage you to work with the site's landlords to ensure that this does not come to pass. Further, I ask you to let me know and let the community know as soon as you can if this is a real possibility for the site. I am not at all alone in my concern and my objection to this outcome and I am certain that the community will want to know if there is anything that can be done before this is a signed and sealed deal. Thank you in advance for your consideration. I look forward to hearing from you soon. Sincerely, Rachel Hitch Rachel Hitch 45 Bear Hill Rd, Reading MA 01867 q c �6,0 .s Schena, Paula From: LeLacheur, Bob Sent: Monday, March 14, 2016 2:13 PM To: Delios, Jean; Mercier, Julie; Kraunelis, Matthew; Schena, Paula Subject: Fwd: 40B Development Lincoln and Prescott Streets, Reading, MA Sent from my iPhone Begin forwarded message: From: Date: March 14, 2016 at 2:12:02 PM EDT To: selectmen <selectmen(,ci.reading ma.us >, mknight <mknight(a�ci.readin jason.lewis <jason.lewisgmasenate.gov >, bradley.jones <bradley.jones ,mahouse. ov >, james.dwyer <james.dwyergmahouse.gov> Cc: - Subject: 40B Development Lincoln and Prescott Streets, Reading, MA Reply -To: Dear Zoning Board, Board of Selectman, Representatives, and Senator, I am writing you to convey my family's concern over the proposed residential development for 39 Lincoln St and 2 -12 Prescott Street in Reading. Not only have you heard how it will impact the overall neighborhood, parking, safety and school system, I am writing to you as a direct abutter to the development. My house is at 96 Washington and will be directly behind "building B" - the old Certainly Wood building. It's no surprise that the current condition and unsightly appearance of what is there now is not appealing by no means, but from our point of view, literally, there are not many windows facing our yard as of right now. And when Certainly Wood was still in business it was pretty quiet. We have lived here for 6 years, and I guess you can say we've become used to the "view." We have tried to spruce it up by planting small trees and covering the old chain link, which has barbed wire! We have small children that play in the backyard all the time, and I'm afraid how much of our privacy will be lost, without a proper landscape plan in place. We would hope that the developers will have a more detailed plan on how they envision the "back" of the development. All we have seen are the elevations of the front and sides. We really have no idea what it will look like from the back — what we will be seeing as an abutter. Not only do we question the height and density, but also the construction of said buildings. Will they have to be on our property to do any excavating etc? Our house is 157 years old, we're not sure what the construction will do to the integrity of our house and foundation. What rights do I have as homeowner /abutter? 90/ Something is needed in that area no doubt, but I think other designs would be better suited for that footprint. Even a mixed use type of development. We urge you to review carefully the impact this proposed development will have overall, but also what it will mean for me and all my neighbors directly "in the line of fire" with this project. Lastly, we support appropriate neighborhood development, and hope that you will too. Thank you for your time, Lianne Stoddard 96 Washington St. Reading MA 01867 v/ � ?e,,-