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HomeMy WebLinkAbout2016-12-13 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING DECEMBER 13, 2016 Halsey, Sexton, Berman, Arena, Ensminger LeLacheur 5a) Move that the Board of Selectmen approve the internal borrowing in the amount of $3,000,000 for Reading Memorial High School Repairs and Additions (TLT Litigation) as authorized by Article 4 of the Special Town meeting on 12 -8 -16. 5c) Move that the Board of Selectmen appoint the following employees as Records Access Officers: Town Clerk (Laura Gemme) Director of Administrative Services (Matthew Kraunelis) Deputy Police Chief (David Clerk) Lieutenant Detective (Richard Abate) Superintendent of Schools (Dr. John Doherty) School Department Special Education (Carolyn Wilson) 5d) Move to close the hearing on the driveway variance for 154 —156 Green Street. Move that the Board of Selectmen allow two adjacent driveway openings each 18 feet in width separate by a small grass plot at 154 — 156 Green Street. 5e) Move to close the hearing on the driveway variance for 61A Terrace Park. Move that the Board of Selectmen approve the 32 foot driveway at 61A Terrace Park. 6a) Move that the Board of Selectmen approve the minutes of November 29, 2016 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. Massachusetts Department of Revenue Division of Local Services ADVANCE OF FUNDS IN LIEU OF BORROWING REPORT City/Town /District of Town of Reading, Massachusetts Purpose of Issue Reading Memorial High School Repairs and Additions (TLT Litigation), Authorization Special Town Meeting 12/08/16; Article 4 (Date and article of town meeting vote and M.G.L. citation) Grant Number (If applicable) A. Amount of Loan Authorized Computation of Limit on Total of Advances: B. Unappropriated Free Cash $ 6,891,080 C. Stabilization Fund $ 1,565,475 D. 1 % of FY 17 Budget $ 908,231 E. Greatest of line B, C or D $ 6,891,080 F. Other Advances Outstanding $ 1,021,022 G. Remaining Limit ( line E less line F) $ 5,870,058 H. Amount to be Advanced - This Issue $ 3,000,000 (not to exceed line G) Date of Advance: December 13, 2016 Treasurer Approved: Mayor or City Manager; Majority of Selectmen or Commissioners Please send 1st Copy to: Accountant or Auditor See IGR #92 -105 for instructions and accounting procedures Date of Repayment to General Fund: Accountant /Auditor Please send 2nd Copy to: Division of Local Services Public Finance Section PO Box 9569 Boston MA 02114 -9569 (Revised: December 2003) t 71-1 J. R;IVj 1 P )H(I \ii I,os I d. El ZI rpIIIOoll tlhri:,L��l�l���r fi. IIt�c'1? Ooml:r \l. B1,o ��or <lerir) i(, M. Me;-i °ill ?016 SE 28 AM 9: 38 September 26, 2016 Robert W. LeLacheur, Jr., Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Bob: lnivtlio I;ox him in tho puldic nnrrest lvrin i is F'1)"d kric Io ikhl ko M. Nlollsill:; As you know, the revised Public Records Law will take effect on January 1, 2017. Under the new law, cities and towns will have to designate one or more employees to serve as Records Access Officer(s) (RAO(s)). This designation should be made well before January 1 to ensure compliance with the Act. How does the Town designate an RAO? The Act provides that the Town Clerk or the Clerk's designees shall serve as RAOs. The Town is not required to take any specific action to designate the Clerk as an RAO. The Clerk is statutorily authorized to serve. The Act also authorizes the Chief Executive Officer of the Town (in Reading, this is the Board of Selectmen) to appoint employees to serve as RAOs, in addition to the Clerk or the Clerk's designees. While the Board of Selectmen may appoint an RAO at any time, we recommend that it do so well before January 1 so that the Clerk (or the Clerk's designees) and the appointed RAOs can work together to ensure seamless compliance with the Act. Note that designating RAOs does not relieve records custodians from the obligation to make public records available upon request and in conformance with the requirements of the revised Public Records Law. What are the duties of an RAO? Generally, the RAOs must coordinate the Town's responses to requests for access to public records, which includes facilitating the timely and thorough resolution of such requests. The RAOs must also: 10 t_lruv(t t`),lv (i I A IkuiI(, I` )O - GV(,]I :J(�Y. N1,1 ()'J_:I8`z 1 Tel: GI r.- 1r,`J.1600 1 F; lx: (Sii. I Sa.1( ; :;O I yv, w ) niy.Ar(�,"— hziIringIllolI cOm Miyares and Harrington Robert W. LeLacheur Jr. September 26, 2016 Page 2 of 3 Help people making a public records request to identify the records they are seeking; Assist the custodians of records to preserve public records falling within their purview; and Py , y July 1, 20 v.,�,, prepaie guidelines to help people seeking access to the Town's public records to make informed requests regarding the availability of such public records in electronic or other formats. These guidelines must be posted online on the Town's website, must be periodically updated, and must include a list of categories of public records that the Town maintains. In addition (and perhaps most significantly), RAOs must, to the extent feasible, post "commonly available" public record documents on the Town's website. The Secretary of State has not yet provided any guidance as to how to determine whether a document is "commonly available." It is likely however, that meeting agendas and minutes, annual reports and budgets, and electronically submitted permit applications and decisions will need to be maintained on the website. Because of the potentially significant technological burden presented by this new mandate, Kevin Furilla will be crucial to ensuring compliance with the new law and will need to work closely with the RAOs in preparation for its implementation. Who should serve as an RAO? We advise that the Selectmen appoint RAOs within the direct management structure of the principal Town departments or departments that receive frequent and time - consuming public records requests (such as the School Department) that would benefit from a "local" RAO. It may be wise to allow the heads of these departments to recommend an employee for appointment. We also suggest that an RAO in your office be appointed because that person will have broader knowledge of all of the Town's departments, which should prove useful in fulfilling an RAO's duty to coordinate responses to records requests. What actions should the Town take after designating an RAO? Prior to January 1, 2017, the Town should ensure that the contact information of each RAO (name, title, business address, business telephone number, and business email address) is conspicuously posted at Town Hall and on its website. The contact information for any RAO appointed after January 1, 2017 must 94 ( Miyares and Harrington u.P Robert W. LeLacheur Jr. September 26, 2016 Page 3 of 3 be added as soon as practicable. As noted above, RAOs must make "commonly available" documents available on the Town's website. While the Town already posts many documents that can be considered to be "commonly available," we advise that the Town review what is available electronically to see if there are any other documents that should be added online prior to January 1. The RAOs should monitor the website to ensure that it is kept curr =ant and compliant. We also recommend that, prior to January 1, the Town consider providing training to department heads about the new duties imposed under the revised Public Records Law. There are significant changes in the new law, and we are happy to provide the necessary training, at no charge to the Town, if it would be helpful. Lastly, we also remind you that RAOs must develop and post guidelines that enable requestors to make informed requests. We expect that the Secretary of State will release model guidelines in 2017. After the model is released, the RAOs should work together to ensure that the Town's guidelines are developed and posted before the July 1, 2017 deadline. Please let me know if you would like to discuss this further or if you have any additional questions. Sincerely, J. Raymo d Miyares C Estimated Estimated LEGAL BUDGET - - -_ YrDACTUAI -- _._ - BUDGET' - - ; BALANCE - -_ -_ _ _ .__ Remaining Balance - - __ _ - - - - -- LEGAL BUDGET TOTAL $ 91,022 $ 185,000 $ 93,978 49% $ 121,020 $ (27,042) Town Counsel $ 79,652 $ 160,000 $ 80,348 S0%._$____115,000 $ (34,652) $ 15,970 Town Labor Counsel $ 3,010 $ 25,000 $ 21,990 12% $ 6,020 $ (8,360) total does not include Town Counsel expenditures TILT Litigation $ 8,360 $ - $ (8,360) YFD ACTUAL BUDGET BALANCE j YfD July August September October November December TOWN COUNSEL TOTAL $ 79,651.91 $ 160,000 $ 80,348 50% $ 86,992 36% $ (6,643) 127% $ 13 553.57 $ 19,806.60 $ 21,481.74 $ 24,892.00 Typical Issues T $ 48,008.44 $ 135,000 Other Issues other $ 31,643.47 $ 25,000 Miyares & Harrington Total $ $ 160,000 $ 160,000 Public Policy 1 75% $ 29,425.94 $ 65,000 $ 35,574 45/ Town Meeting T $ 18 508.24 $ 36 000 $ 17,492 $ 307.50 $ 6,622.00 $ 8,640,24 $ 2,938.50 Zoning Bylaws T $ 5,846,60 $ 8,000 $ 2,153 $ 534.00 $ 5 312 60 General Bylaws i, T $ 382.00 $ 2,000 $ 1,618 $ 382.00 �$ Alcohol licenses T $ 4,112.60 $ 7,500 $ 3,387 { $ 519.50 1,440.00 2 153.10 _ Elections other T T $ 266.50 $ 310.00 - $ 2,500 $ .9 ,000 $ 2,234 $ 8,690 $ 266.50 $ 41.00 $ 269.00 Management Policy General Town issues 1 34% T $ 15,253.00 $ 4,824.00 $ 40,000 $ 16,000 $ 9,933 $ 11,176 38% $-4,198.56.1-, _ $ 410 00 $ 123 00 $ 82.00 $ 92.50 - Public Works) T -- - 1 $ 2,596.50 I - $ 5,000 - $ 2,404 $ 2 317.50 - - - $ 74 00 $ 205 00 _ Public Safety T $ 3,765.50 $ 5,000 - $ 1,235 1 $ 20.50 $ 41.00 $ 2,330.50 $ 1,37150 - Public Library T $ $ 2,000 $ 2,000 Building department p Facilities T l T $ $ 2,190.00 $ 2,0-00- $ 5 000 $ 2,000 $ 2 810 _ { - - $ 1088 00 - $ 427 00 -7 $ 675.00 General School issues - -; T - $ 1 877.00 - -1 -- $ 5 000 -- -1- $ 3 123 r $ 1 631 00 - $ 82.00 { - $ 82 00 $ 246.00 - Construction projects 1 15/ $ 11,664.60 $ 10,000 $ (1,665) 117/ Public Library!- T $ 164.00 Perm T L$ $ 7,500 $ 2 500 $ 7,336 1 $ 2 500 _ �1� /R other $ 11,500.60 $ $ (11,501) $ 41.00 $ 11,459.60 other other $ 594.50 $ 1045.50 $ 1506_80 - _ Land Use Issues 10% $ 20 142.87 $ 4,548.10 $ 25,000 $ 5,000 $ 1,517 $ 452 81% $ 1,401.30 Reading Village 40B other Woburn St 40B other $ 20.50 Lakeview 40B other $ 271.00 $ 2,500 $ 2,500 $ 2,480 $ 2 229 $ 20 50 $ 234.00 -- $ 37.00 _ Oakland Road land other $ 7,217.50 - -. __ ._ -.. 245 Summer other $ 102.50 $- 5 000 - $ 500 - $ (2,218) - $ 398 $ 1004.50 - $ 1,374.00 - $ _1 897.50 $ 102.50 $ 2,941.50 _- - - -- - 506 Summer Ave other $ 3,792.77 $ 2,500 $ (1,293) - . _$ 228.77 - - -- $ 20 50 $ 2 600 50 943.00 - - - - 86 Bancroft other $ 1,558.00 $ 2,000 $ 442 $ 1,558 00 other other $ 2 632.50 - $ 5,000 -- I $ 2 368 -_ $ 691 50 $ 1 900 00 - 1 $ 41.00 - Other Issues 4% $ 3,165.50 $ 20,000 $ 16,835 16% - $ 1 869.00 $ 857 00 -- _ _- $ 439.50 - - Miyares & Harrington I T $ 3,165.50 $ 20,000 $ 16,835 LABOR COUNSEL TOTAL $ 3,010.00 $ 25,000 $ 21,990 21,990 $ 2,047.50 $ 280.00 $ 595.00$ 87 50 Morgan, Brown & Joy- $_ 3,010.00 1 $ 25,000 $ NEW: TLT LITIGATI TAL $ 8,359.94 $ $ (8,360) $ 1,70250 $ 2 532.44 - LT /K &P $ 4,234.94 $ (4,235) ; -... - -- - - (4,125) $ 4,125.00 OP REa��y Office of the Town Manager M H 16 Lowell Street 6�97NCORp0�P Reading, MA 01867 To: Sharon Stevans 29 Hamlin Street Cortland, NY 13045 From: Robert W. LeLacheur, Jr. CFA Date: December 8, 2016 RE: Complaint — Political Signs in Reading Dear Ms. Stevans, 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager I am writing in response to your letter dated November 27, 2016 expressing your concern about the political signs in Reading. You are correct that our zoning bylaw regulates political signs and I.understand that after consulting these bylaws you are upset that the Town has taken no zoning enforcement action. However, in light of the recent U.S. Supreme Court decision Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), Town Counsel strongly advised us NOT to enforce any sign violations, because the above decision rendered our bylaw illegal — as it did to virtually every other community in the state. Simply put, signs can no longer be regulated for content and thus the current zoning bylaw is not enforceable. As soon as we became aware of the impact of this Supreme Court ruling, we began a process to update our sign bylaw. This process involved over one year of public meetings, and culminated locally when our Town Meeting approved a new sign bylaw in November 2016. Once the state approves of these changes, we need to post the changes in local newspapers for a period of time, and then (finally) we may begin enforcing them again. Until we have completed all of these steps, we simply do not have any solid legal footing to follow up further on signs in our, community. I hope and expect these actions to be completed by next spring. I appreciate hearing from you, note that you clearly did your homework in advance, and hope that this explanation brings you a clearer understanding of the issues. Sincere' u. Robert W. Le�6 Town Manager c: Board of Selectmen November 18, 2016 Dear Municipal Leader, ONE WINTHROP SQUARE, BOSTON, MA 02110 617-426-7272 - 800-882-1498 ® fax 617-695-1314 e 1hrww.mma.org The MMA's 2017 Annual Meeting and Trade Show is just around the corner! This can't-be- missed conference will take place on Friday, January 20 & Saturday, January 21, at the Hynes Convention Center & Sheraton Hotel in Boston. There are so many exciting events and speakers planned that you'll want to register right now to save your place! The 2017 Annual Meeting theme is United for Strong Communities - and that's what will happen on January 20 & 21, when 1,200 municipal leaders will unite to network, set policies and learn the latest information on dozens of issues and strategies to build strong cities and towns. With distinguished speakers on key municipal issues, 20 educational workshops, 3 emerging issues forums and a larger- than -ever trade show, this will be an event that no local official can miss. Please take a moment to review the enclosed conference information, and please register today. The Opening Session will begin on Friday morning, Jan. 20 at 9:30 a.m., and will feature award- winning scholar and author Jonah Berger, a world-renowned expert on decision-making, social influence, and how products, ideas and behaviors become popular. Later that morning, the WEMO Luncheon will feature Liz Walker, an ordained minister and one of New England's most widely recognized news anchor at WBZ-TV, where she held the position for two decades. The Friday dinner speaker will be Hall of Famer and NESN analyst Dennis "Eck" Eckersley, one of the greatest relief pitchers in Major League Baseball history. Our Saturday closing session will feature award-winning NPR journalist Tom Ashbrook, host of the nationally syndicated "On Point." And our Saturday banquet will feature actor, director and comedian Mike Birbiglia, familiar to you from "Orange is the New Black" and many major motion pictures. Of course, the weekend will also be jam-packed with workshops on key issues, and hours of valuable networking with your peers from across the state. Plus, we will live stream the Presidential Inauguration, which will take place that Friday, so there will be lots and lots to do! Thanks to your participation last January, our 2016 Annual Meeting was a great success. Over 1,200 local officials gathered together to learn and share ideas. The Trade Show was our largest ever, offering a record number of exhibitors showcasing innovative products and services. The MMA is working hard to make sure that our 2017Annual Meeting will surpass even last year's benchmark success. You can register online at www.mma.org - it's fast and easy! Also, please remember to contact the Sheraton Hotel directly to reserve your room, since space is limited. The hotel contact information may be found on our website. And please be sure to check www.mma.org for conference updates, the announcement of additional major speakers, and much more. We look forward to seeing you at the conference! Convenient li e Registration Braila l ! i ZVI 4, • Keynote address by author and social influence expert Jonah Berger • Closing session with acclaimed NPR radio host Tom Ashbrook • Friday dinner with Hall of Famer and broadcaster Dennis Eckersley • WEMO luncheon with minister and former news anchor Liz Walker • Entertainment by comedian and "Orange Is the New Black" star Mike Birbiglia • 20 timely, information- packed workshops and 3 Emerging Issues Forums on key municipal issues • Countless opportunities to network and share ideas with peers • Trade Show with 200 -plus exhibitors offering municipal solutions • Member group business meetings and important policy discussions Get your dinner tickets today - before they sell out! Friday Night: Dennis Eckersley Hall of Fame pitcher and NESN Red Sox analyst Eckersley, one of the greatest relief pitchers in Major League history, is also known for his colorful personality in the broadcast booth. His "Eck- isms" include "cheese with hair on it" (fastball that moves across the plate), "do- drop -in" (looping curveball), and "got paint" (pitches that just touch the corner of the strike zone). Eckersley is credited with coining the term "walk -off home run." Over a 24 -year pitching career, Eckersley earned 390 saves — seventh all -time — and 197 wins. Hall of Fame pitcher Rich "Goose" Gossage said of Eckersley, "He could hit a gnat in the butt with a pitch if he wanted to." Eckersley is the only Major League pitcher with at least 100 saves and 100 complete games in his career, and one of just two pitchers with a 20 -win season and a 50 -save season. A six -time All Star, Eckersley won the American League Most Valuable Player and Cy Young awards in 1992. Saturday Night: Mike Birbiglia r Comedian and "Orange Is the New Black" star e Shrewsbury native Birbiglia has been called a "master of the personal, embarrassing tale" by Time magazine and a "supremely enjoyable monologist" by The New York Times. His unique storytelling style g It is featured in his contributions to the award - winning NPR program "This American Life." ; x Birbiglia can be seen in films including "Trainwreck," "The Fault in Our Stars," "Cedar Rapids," '> _ "Going the Distance," and "Annie." He won the NEXT Audience Award at the Sundance Film Festival x for "Sleepwalk With Me," which he wrote, directed and starred in. His second foray into writing and va'' directing is the critically acclaimed "Don't Think Twice." His standup show "My Girlfriend's Boyfriend" was a critic's pick by The New York Times and New York Magazine and was nominated for a 2014 American Comedy Award. His latest stage show is called "Thank God for jokes." IU (t Charles D. Baker, Governor Karyn E. Polito, Lieutenant Governor Stephanie Pollack, MassDOT Secretary & CEO Brian Shortsleeve, Chief Administrator and Acting General Manager Mr. John R. Halsey Chairman Town of Reading 16 Lowell Street Reading, MA 01867 massDAr III N AV ...,., Massachusetts Department of Transportation October 25, 2016 RE: Salting at Commuter Rail "Highway /Railway" Crossings Dear Chairman Halsey: The application of road salt on highway / railway crossings during ice and snow storms can cause train approach warning systems to activate without the presence of a train in the area. The reason for this is that the combination of road salt and fresh or melting snow creates a conductive solution that can cause a short circuit between the rails of the tracks. As a result, the gates lower, the lights flash, and the warning bells ring until the problem is corrected. The corrective action can sometimes take some time to correct depending on the severity of the storm and can cause the highway traffic to back -up. The 2016 / 2017 winter season will soon be upon us. This is a reminder and request that you again instruct your crews and contractors to refrain from salting the area in the immediate vicinity of the tracks in order to minimize the instances of these unwanted activations. Your cooperation will help minimize both automotive and train delays this winter. The following is a list of highway /railway crossings in your town on the commuter rail system: New Crossing Road Ash Street Main Street Washington Street Woburn Street Willow Street Please contact Derek Weldon, Assistant Chief of Engineering Operations, at 617- 222 -8145 (derek.weldon @keoliscs.com) to answer any questions regarding this request. Thank you again for your assistance with this issue. Sincerely, :7.r 4, � Brian Shortsleeve Chief Administrator and L5 :6 WV E- A014 9101 Acting General Manager Massachusetts Bay Transportation Authority Ten Park Plaza, Suite 3910, Boston, MA 02116 www.mbta.com OF R Town of Reading �Ij_ 2 Haven Street, Unit 307 U;d, e f INC iQ C g ��� Readin , MA 01867 639: ��� Joseph R. Veno, Chairman Thomas A. Clough Sharon M. Angstrom Nancy J. Heffernan Louis E. deBrigard, Jr. November 28, 2016 Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Dear Chairman, CONTRIBUTORY RETIREMENT BOARD Ph: (781) 942 -9007 Fx: (781) 623 -3053 Colleen Loughlin, Ret Admin Please be advised that at the meeting of the Reading Retirement Board on September 27, 2016, the Board voted to appoint Colleen Loughlin the "Election Officer" for the Reading Contributory Retirement System's election of the first member of the Reading Retirement Board. If you have any questions or concerns regarding the above, please do not hesitate to call. Sincerely, Colleen Loughlin Retirement Board Administrator cc: Robert LeLacheur Town Manager 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 December 13, 2016 at 8:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading,, Massachusetts on a driveway variance request for 154 — 156 Green Street. A copy of the proposed docu- ment regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, .M -W- Thurs from 7:30 a.m..- 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and 'is attached ,to thy` hearing hotibb "bn "tfie" website at www.readingma.gov All interested parties are invit- ed to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on December 13, 2016 to town manager @ci.reading.ma By order of Robert W. LeLacheur Town Manager 12.7.16 l� 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 December 13, 2016 at 8:45 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on a request for a driveway variance at 6.1 A Terrace Park. A copy of the proposed docu- ment regarding this topic is available in the Town Manager's .office, 16 Lowell Street, Reading, MA, M -W- Thurs from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m, and is attached .to the hearing notice on the website at www readingma aov All interested parties are invit- ed to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on December 13, 2016 to tQwnmanager@ci reading ma By order of Robert W. LeLacheur Town Manager gg 12.7.16 I� O�� UFR�i ,. Town of Reading f Meeting Minutes a° of 639 +1NC0'I�QaaPS Board - Committee - Commission - Council: Board of Selectmen Date: 2016 -11 -29 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, Daniel Ensminger Members - Not Present: Others Present: Town Manager Bob LeLacheur, Superintendent of Schools John Doherty, Assistant Town Manager Jean Delios, Community Development Director Julie Mercier, Economic Development Director Andrew Corona, Town Counsel Ray Miyares, Ivria Fried, Executive Assistant Paula Schena, School Committee members Jeanne Borawski, Chuck Robinson, Elaine Webb, Linda Snow Dockser, and Gary Nihan; Everett and Ginny Blodgett, Stephen Crook, David Tuttle, John Costigan, Nancy Docktor, Erica McNamara, Nick Safina, John Weston, Robert Redfern Minutes Respectfully Submitted By: Secretary Barry Berman Topics of Discussion: Reports and Comments Selectmen's Reports and Comments - Daniel Ensminger noted that Gail Wood passed away at the age of 73 years old. She was a coach for 10 years, was noted for her crocheting at Town Meeting, served on the former Board of Public Works and was the 5th female Selectman in Reading. He expressed his condolences to her family. John Halsey noted that he, Barry Berman and the Town Manager met with Representative Jones, Dwyer and Lewis regarding Senior Tax Relief. It has moved out of the House and is in the Senate. They hope to have it signed by the end of the year. John Halsey also announced that he will be running for re- election. Kevin Sexton announced that he will also be running for re- election. Town Manager's Report - The Town Manager noted that the film "Breaking Points" will be shown by RCASA tomorrow. Discussion /Action Items Hearing - Early Opening 5:00 a.m. for Tread on the Mill, 11 -13 High Street - The Secretary read the hearing notice. U Page 1 1 Board of Selectmen Minutes - November 29, 2016 - page 2 Tiffany Freitas noted that Tread LLC is opening up a second business on High Street. It will have 25 bikes and they will hold a fitness studio class with no subwoofer. The building is located behind the liquor store near the depot. The fitness class will be with treadmills and they will have small speakers. The neighbors are okay with it. Barry Berman asked if the customers will be parking at the Train Station and Lori Haverty noted that they have six spots and staff will park at Tread 1. Ms. Haverty noted that the 5:15 a.m. class will be the biggest class - 35 people. The Town Manager suggested that they coordinate plowing with the DPW. A motion by Berman seconded by Arena to close the hearing on the early opening for Tread on the Mill was approved by a vote of 5 -0 -0. A motion by Berman seconded by Ensminger that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 a.m. pursuant to Section 7.1 of the Reading General Bylaws and further pursuant to Section 3.9 of the Board of Selectmen Policies to Tread on the Mill, 11 - 13 High Street, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier than 5:00 a.m. on Monday through Friday, and not earlier than 6:00 a.m. on Saturday, Sunday and holidays. 2. This approval expires at midnight on December 31, 2017; 3. All signs shall conform to the Zoning Bylaws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 5 -0 -0. Accept Gifts - Veterans Services - The Town Manager noted that a person in Town (Dermot O'Keefe) loaned us sound equipment for Veterans Day. He is downsizing and is willing to donate the sound equipment to the Town. The Town Manager thanked Mr. O'Keefe for the donation. The Board acknowledged the gift and agreed it is okay to accept it. ADDOint School Committee Member Throuah 4 -4 -17- Joint Meetina with the School Committee - John Halsey described the process that would be used. He noted that he and School Committee Chairman Jeanne Borawski would alternate asking the questions and all five candidates (James Martin withdrew his application) would be given the opportunity to answer each question on an alternating basis. At the end, all of the names will be placed into nomination and the first person to receive six votes will be appointed on a roll call vote. Question #1 (Jeanne Borawski) The School Committee is elected by and responsible to the electorate and represents the will of the voter. That usually requires time and presence in the community and schools. In what ways are you engaged in the wider Reading community? Are you a Town Meeting member or do you serve in a volunteer capacity on other Boards or Committees? Nicholas Boivin noted that he is a volunteer Budget Parent, a Lego league coach, and involved in scouting. Page 1 2 Board of Selectmen Minutes - November 29, 2016 - page 3 Erin Calvo -Bacci noted that she is a Town Meeting member, was part of the Historical Commission working group, involved in Girl Scouts, the Reading /North Reading Chamber of Commerce and served on the Small Business Retail Council. Michael Moresco noted that he is a youth coach, involved in Girl and Boy Scouts and served on the Advisory Council for Barrows and Reading Memorial High School. Jeanette Quiles - Vigorito noted that she has been a resident for 13 years, she's involved in SEPAC, the Killam School Council, she was Chair of the Halloween Committee, she volunteers lawyer projects and she is a past foster care reviewer. Sherri VandenAkker noted that she did enrichment work at Joshua Eaton, she is a parent Co -Chair of the task force, involved with RCASA and issues dealing with alcoholism and a member of RCTV. Question #2 (John Halsey) Describe your past experience balancing multi - million dollar budgets. What experience do you bring in determining and managing financial and managerial goals, evaluating results and making prompt decisions when results fall short? Michael Moresco noted that he is a 40 year educator during which time he played an active role in determining staff size and budget. He knows how to deliver bad news and he is a public member of the school system. Jeanette Quiles - Vigorito noted that her work is mostly with estates, wills and trusts. She also handles the small Halloween budget. Sherri VandenAkker noted that she is a liaison to the school. She looks at tuition versus what is offered and she ran the summer program. Nicholas Boivin noted that he is in charge of a pharmaceutical budget. It is a very complex, scientific budget with legal ramifications and public interest. Erin Calvo -Bacci noted that she is a Town Meeting member and attends budget meetings. She worked in the sales department at BU and answered to the Executive Director. She is a personal business owner which grew to three stores and then she sold back to one. Question #3 (Jeanne Borawski) Revenue projections indicate that the School Department will have to make significant budget cuts in FY18. What overarching principles would you give as guidance to the Superintendent as he crafts his budget? Are there specific areas where you would seek budget reductions? Sherri VandenAkker noted that she recognizes the difficult decisions and she agrees with the approach to look at a minimum setting school budget same as a family budget. We should look at the minimum we have to do and determine what curriculum and approaches have the biggest impact. We need to look at what students need to move on. What do they need to know to lead an effective and normal life. Nicholas Boivin noted that he would look at the experts such as Dr. Doherty for clarity and priorities. We need to find out what facilitates student learning. He would like to see more engagement of the tax payer, especially those who do not have children in the school system. He feels the schools should use the new library and take a closer look at discretionary funds. Page 1 3 C Board of Selectmen Minutes - November 29, 2016 - page 4 Erin Calvo -Bacci noted that as a business owner she has hired numerous students. She feels more collaboration with the retired community would be helpful if they can volunteer more. She noted that we don't have commercial funds so we need to think outside the box. Michael Moresco noted that the classroom is the most important part. His children graduated and he now has a 15 month old grandson. He feels there is too much burden placed on the parents. It is time to give back and he feels that the classroom is the last to cut. Jeanette Quiles - Vigorito noted that she would look at the best interest of the child and the best interest of the community. She has looked at the budgets and suggests cross training within the resources we have. She would ask teachers for bare minimum things they need. She feels we need to be more transparent and noted that everything comes back to the community. Question #4 (John Halsey) What do you think are the one or two biggest challenges facing the School Department today? What have you done in your role as a private citizen to work on these issues and what would you propose to do differently from what's being done now? Jeanette Quiles - Vigorito noted that the biggest challenge is experience. We have a lot of young teachers and we need to make sure that everyone is on the same page. We need to ensure that the teachers have proper training and tools. The teachers need all of the resources and have to communicate that. She is always in the classroom as an active participant. Sherri Vanden -Akker noted that teachers are under great pressure due to new curriculum standards and testing. She feels all five elementary schools need to be consistent. She noted that there is increased anxiety and depression in children that we need to look at the whole child. Nicholas Boivin noted that there is not enough money for everyone. We need to build for the long term. We train good teachers and need to retain good teachers. We need to identify where money we have is being spent. There is teacher turnover because they are shopping for the best deal. We need to build expertise. Erin Calvo -Bacci noted that behavioral is overwhelming that impacts all of her children. She volunteers at the schools and she has an open door policy at her home. Maybe a health class in middle school would help. He children are discussing things at a younger age. Michael Moresco noted that education has internal and external forces. It is a challenge to come up with individual success. In the town that he works for none of the teachers leave. He asks what strategy could be used to keep teachers. How do we create a team approach? Question #5 (Jeanne Borawski) For the past several years, improving communication has been an area of focus for the School Department. Which strategies and processes currently in place would you continue, which would you eliminate and what new processes would you propose? Erin Calvo -Bacci noted that she receives information late and there are too many meetings on the same day. She feels the department needs more staff or volunteers to assist with email and social media. She noted that if the information is important, it should be sent out sooner. Nicholas Boivin noted that the best way to communicate with the community is Edblast and send it to all families giving a heads up. He receives no information from the schools regarding what is going on and he feels there is a need to get information to people without I Page 1 4 Board of Selectmen Minutes - November 29, 2016 - page 5 kids in the system. We need to make 100% of the people who live in Town feel like they belong. Jeanette Quiles - Vigorito noted that notices come in backpacks, text, and emails. There are so many channels that convey nothing. There needs to be one central location that information is coming from. She suggests getting the High School kids involved. She likes information going to her so she doesn't have to go searching for it. Sherri VandenAkker noted that she loves the new portal and thinks that communication is fine with office hours, texts and emails. She feels communication needs to reach more of the Town. She wants to see warmer relations between the Board of Selectmen and School Committee. Regarding social media she asked if the School Committee has their own webpage because she could not find it. Nicholas Boivin noted that people need to know where to find the information. He suggests reaching out to the Library to see what we can do for free. He suggests getting students to compile information for free. He noted that the level of civil discourse in the Town is wonderful and that should not change. Question #6 (John Halsey) If appointed, will you stand for election for the two year balance of your School Committee term? Nicholas Boivin noted he would not comment tonight. Erin Calvo -Bacci noted she would. Michael Moresco noted he would not comment tonight. Jeanette Quiles- Vigorito noted she would not comment tonight. Sherri VandenAkker noted she would. The following names were placed into nomination for one position on the School Committee with a term expiring _April 4, 2017: Nicholas Boivin Erin Calvo -Bacci Michael Moresco Jeannette Ouiles- Vigorito Sherri VandenAkker Boivin received 3 votes, Calvo -Bacci received 4 and VandenAkker received 3. The names of Boivin Calvo Bacci and VandenAkker were placed into nomination a second time and Boivin received 3 votes, Calvo -Bacci received 4 and VandenAkker received 3. It was suggested that a runoff vote be taken of the two candidates who received three votes and whoever receives the most votes will then be put into nomination with the candidate who received four votes. The names of Boivin and VandenAkker were placed into nomination and Boivin received 6 votes and VandenAkker received 4. The names of Nicholas Boivin and Erin Calvo -Bacci were placed into nomination and Boivin received 6 votes and Calvo -Bacci received 4. C Page 1 5 Board of Selectmen Minutes - November 29, 2016 - page 6 A motion by Arena seconded by Robinson to appoint Nicholas Boivin to a position on the School Committee with a term expiring April 4, 2017 was approved on a roll call vote with Berman, Webb, Dockser, Robinson, Nihan and Borawski voting in the affirmative and Sexton, Halsey, Ensminger and Arena opposed. MA Ballot Question #4 (marijuana) joint meeting with CPDC - CPDC members Nicholas Safina, John Weston and David Tuttle were present and called to order. John Halsey noted that Reading voters said they are not in favor of Question 4 that was on the ballot so the Town needs to be responsive to that. Town Counsel Ray Miyares is present to discuss our options. Town Counsel summarized the implications of the affirmative statewide vote on Question #4 on the Town, which voted against Question #4, and outlined three options for the Town to consider in order to protect itself in upcoming months: 1. Prohibition of Marijuana Establishments - would include all types of establishments: cultivation, testing, manufacturing, and retail. 2. Prohibition of Marijuana Retailers - would prohibit retailers (and wholesalers) but would still allow growing facilities where agricultural uses are permitted, and so on. 3. Moratorium on Marijuana Establishments - would put a freeze on all types of establishments until August 2018. Town Counsel explained that Registered Marijuana Dispensaries, backyard growing, and consumption would still be allowed under any of the three options. The option that is chosen will need to become part of the Town's Zoning Bylaw. Thus, the Board of Selectmen is tasked with determining which option(s) to pursue, and the CPDC must agree, and then hold a public hearing before putting any option(s) on the April Town Meeting Warrant. Though the CPDC Agenda does not specifically state that retail marijuana options were to be discussed or voted on tonight, as it was not reasonably anticipated prior to the posting of the meeting agenda, this process can proceed. CPDC Chairman Nicholas Safina made a statement to that effect on the record. Town Counsel explained that the Town's existing Medical Marijuana bylaw includes a provision that prohibits all other types of marijuana facilities, but that the bylaw language differs from the language in Question #4. In addition, it appears that a full prohibition would require a "vote of the voters," so the existing language, if maintained, would need to be ratified as a ballot question. He stated that while only the two prohibitions would need to be voted on via a ballot, all three options would require a 2/3 vote of Town Meeting. Given the existing bylaw language prohibiting non - medical marijuana, a ballot question on a prohibition would seem to simply reaffirm the Town Meeting vote related to the Medical Marijuana bylaw. However, the process still needs to be carried out. If Town Meeting adopts a prohibition, but the voters do not, the prohibition would probably not stand. A moratorium would require a 2/3 vote of Town Meeting only and would not be considered a prohibition. It would likely be upheld in court as it is justified by a planning concern, and it would give the Town time to see how the Attorney General responds to prohibitions in other towns, to see whether the legislature changes any of the language, and to understand how the Cannabis Control Commission (CCC) intends to undertake its process. The Board of Selectmen discussed the three options and considered sending them all to the CPDC for public hearings. Town Counsel explained that one public hearing could encompass all three options, and that all three options could also end up on the Warrant if needed. He also explained the importance of publishing the legal ad sooner rather than later: zoning bylaw amendments have a claw -back provision that allows, if voted affirmatively at Town r� Page 1 6 Board of Selectmen Minutes - November 29, 2016 - pace 7 Meeting, for them to be effective retroactive to the date of publish of the legal ad. As December 15, 2016 is the date that certain aspects of the ballot initiative become effective, it is important that a legal ad for the option(s) chosen be published prior to that date. The public hearing has to be held within 65 days of publishing the legal ad. CPDC Chairman Nicholas Safina asked whether the legislature might change the definitions. Mr. Miyares replied in the affirmative, and indicated that the Town would then have to decide whether to revise its own language to match any changes. David Tuttle asked what would happen if the Town did nothing. Town Counsel responded that there is currently no distinction between `retail' and 'retail marijuana' in the Zoning Bylaw, so a retail marijuana shop could open in any Zoning District where retail is allowed. David Tuttle asked if the statute includes a definition for distinguishing any retail from retail marijuana. Mr. Miyares responded that a license is required from the CCC in order to sell retail marijuana. Elaine Webb, 309 Pearl Street, indicated that every precinct in Town voted no on Question #4, and stated her preference for a prohibition. She suggested that the ballot be very clear and avoid confusing voters with marijuana establishment' versus `marijuana retailer.' Mr. Miyares explained that the Moratorium would act as a safety net. It would allow the Building Inspector to say no, and would buy the Town time to figure out what to do if a full prohibition fails at the ballot. A motion by Ensminger seconded by Arena to send the Prohibition of Marijuana Establishments and Moratorium on Marijuana Establishments to the CPDC for Public hearings and to Post a notice of the hearings before December 15, 2016 was approved by a vote of 5 -0 -0. Mr. Tuttle moved to have the CPDC host a Public hearing to consider the two options for retail marijuana, and to have Planning staff Prepare a legal ad for such The motion was seconded by Mr. Weston and approved with a 3 -0 -0 vote. CPDC Chairman Nicholas Safina indicated that the process for this public hearing will be like any other. The Commission will review each option and solicit public feedback. Mr. Weston indicated that with staff help, the CPDC will get the word out, and that all Boards, Committees, and Commissions in Town will be invited. CPDC adjourned the meeting at 9:50 PM. Hearing - Amend Board of Selectmen Policies: Article 3 Liquor Licenses - The Secretary read the hearing notice. Ivria Fried, from Miyares and Harrington, noted that there was a lot of unnecessary material in the Policy so it has been streamlined. Farmer's Market license has been added to the Policy. The definition section has been cleaned up also. In Section 3.2.2 she has included the Farmer's Market. Outdoor service has been added along with server training. Under duty to perform, the Selectmen need to set the number of days and then call a hearing. Daniel Ensminger suggested using 60 calendar days and Town Counsel recommended taking out "in a calendar year." Ivria Fried noted that in Section 3.2.2.6 Insurance the Board needs to set the amount of insurance. She noted that $250,000 /injury and $500,000 /occurrence is the minimum. The Board decided to continue with that amount. Page 1 7 Cz Board of Selectmen Minutes - November 29, 2016 -page 8 Barry Berman asked why clubs are open until 2:00 a.m. and Town Counsel noted that is because they are private. Ivria Fried asked if the Board wants to require a toilet for a package store and the Board indicated no. Section 3.2.3.2 Orderly Closing used to be one hour for everyone to leave the premises. Police Chief Mark Segalla recommended leaving as is. Ivria Fried noted that Section 3.2.3.6 Bar Service has a limit of 15% of the seats. Barry Berman noted that there is not seating at a bar if under 100 seats. Chief Segalla noted it doesn't matter to him as long as people are eating. Assistant Town Manager Jean Delios noted that the intent of the former Board was so that it doesn't feel like a bar. She doesn't know why we need this section. John Arena suggested removing that section. Ray Miyares covered Section 3.2.4.2 Enforcement and noted that it's fine but we could increase the maximum penalties to: 1St offense - warning to 5 days; 2nd offense 3 - 10 days; and 3rd offense 6 - 30 days. Ivria Fried noted that the ABCC doesn't see a warning as an offense so Kevin Sexton suggested changing it from a warning to 1 day. A motion by Ensminger seconded by Berman to continue the hearing on amending Article 3 of the Board of Selectmen Policies to January 24, 2016 at 7:30 p.m. in the Selectmen's Meeting Room was approved by a vote of 5 -0 -0. Approve Liquor License Renewals - A motion by Berman seconded by Arena that the Board of Selectmen approve the All Alcoholic Club Liquor Licenses for: ♦ Reading Overseas Veterans, Inc. d /b /a Reading Overseas Veterans, 575 Main Street ♦ Meadow Brook Golf Corp. of Reading, MA d /b /a Meadow Brook Golf Club, 292 Grove Street ♦ Home Building Corp. d /b /a Knights of Columbus, 11 Sanborn Street ♦ Reading Veterans' Association, Inc. d /b /a American Legion Post 62, 37 Ash Street for a term expiring December 31, 2017 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5 -0 -0. A motion by Berman seconded by Ensminger that the Board of Selectmen approve the All Alcoholic Package Store Liquor Licenses for: ♦ HT Reading Liquors LLC d /b /a Wine and Spirits, 345 Main Street ♦ Raksha, Inc. d /b /a Square Liquors, 11 High Street ♦ ]ay and Ricky, Inc. d /b /a Ricky's Liquor, 214 Main Street ♦ Anstasi Brookline Inc. d /b /a Reading Fine Wine and Spirits, 28 Walkers Brook Drive ♦ Kajal and Kevin LLC d /b /a Liquor ]unction, 128 Market Place Shopping Center, One General Way ♦ Pamplemousse Inc. d /b /a Pamplemousse, 26 Haven Street Page 1 8 Board of Selectmen Minutes - November 29, 2016 - page 9 for a term expiring December 31, 2017 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5 -0 -0. A motion by Berman seconded by Arena that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: ♦ Anthony's Coal Fired Pizza of Reading LLC d /b /a Anthony's Coal Fired Pizza, 48 Walkers Brook Drive - pending issuance of inspection certificate from the Building Inspector once construction is complete ♦ Mandarin Reading, Inc. d /b /a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom, Inc. d /b /a Cafe Capri, 355 Main Street ♦ CAC Foods, Inc. d /b /a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d /b /a Chili's Grill & Bar, 70 Walkers Brook Drive ♦ The Boland Group III, LLC d /b /a Fuddruckers, 50 Walkers Brook Drive ♦ Bertucci's Restaurant Corp. d /b /a Bertucci's Italian Restaurant, 45 Walkers Brook Drive ♦ RARE Hospitality International, Inc. d /b /a Longhorn Steak House, 39 Walkers Brook Drive ♦ Ristorante Pavarotti, Inc. d /b /a Ristorante Pavarotti, 601 Main Street ♦ Unagi Servers Inc. d /b /a Biltmore & Main Bar and Grill, 530 Main Street ♦ KOK, Inc. d /b /a Oye's, 26 Walkers Brook Drive ♦ Bistro Concepts, Inc. d /b /a Fuscilli's Cucina, 107 Main Street ♦ Chipotle Mexican Grill of Colorado d /b /a Chipotle Mexican Grill ♦ RKR Corporation d /b /a Bunratty Tavern, 622 Main Street for a term expiring December 31, 2017 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5 -0 -0. A motion by Berman seconded by Arena that the Board of Selectmen approve the Wine and Malt Restaurant Liquor License for: Palatat Pattenesuan d /b /a Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2017 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5 -0 -0. Page 1 9 Board of Selectmen Minutes - November 29, 2016 - page 10 A motion by Berman seconded by Arena that the Board of Selectmen approve the General on Premise Wine and Malt Liquor License for: • The Art Lounge LLC d /b /a The Art Lounge on Haven, 78 Haven Street for a term expiring December 31, 2017 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5 -0 -0. Reading Village 40B - Everett Blodgett, 44 Prescott Street handed out a letter in opposition of Reading Village not providing any loading space in their property. He is requesting the Selectmen deny their request for an on- street loading space. John Halsey noted that we need to respond to their request but they provided no material and did not show up tonight. John Arena noted that they committed to come back tonight and we haven't heard anything. John Halsey noted the problem is they want to take the public way when they have property they can use. He asked if we should go on record with the ZBA that the only comments they have received are in opposition to the on- street loading zone. The Town Manager noted that there is no formal request so there is no decision to make. Julie Mercier noted that Reading Village's waiver request was for the Selectmen to waive the right as Road Commissioners. Kevin Sexton noted that the ZBA was looking for some guidance for their meeting on December 15tH A motion by Ensminger seconded by Arena that the Board authorize the Chairman to write a letter to the ZBA reaardina this discussion was approved by a vote of 5- 0-0. Approval of Minutes A motion by Berman seconded by Arena to approve the minutes of November 15, 2016 was approved by a vote of 5 -0 -0. A motion by Berman seconded by Sexton to adjourn the meeting at 11:16 p.m. was approve by a vote of 5 -0 -0. Respectfully submitted, Secretary Page 1 10 4 !1�