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HomeMy WebLinkAbout2017-09-26 BOS HandoutF$ O � Town of Reading Meeting Posting with Agenda 4 �D�NC0 Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -09 -26 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business LEIJK 1111 SEP 21 P '4y 026 i Time: 7:00 PM Location: Selectmen Meeting Room Agenda: Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays; Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion: 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation 4) Personnel & Appointments 5) Discussion /Action Items a. School House Commons Sign Request 7 :20 b. Economic Development Update 7:30 C. .75 Pearl Street Lease Amendment 7:45 d. Hearing — Board of Health Associate Member 8:00 e. Close Warrant for November Town Meeting 9:00 f. Discuss BOS Policies — Article 3 — Licenses 9:30 g. Town' Meeting Instructional Motion Update — RMLD 9:45 Payments 6) Approval of Minutes 7) Licenses, Permits and Approvals 8) Executive Session 9) Correspondence a. Correspondence from Cardinal's Office, re: Mass for Public Safety Personnel b. Correspondence from DPW, re: Mass Rivers Alliance Petition C. Correspondence from the Town Manager, re: November Town Meeting FYI Update This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page I 1 �J ARTICLE 3 - LICENSES Section 3.1 — General Procedures and Conditions for Issuance of Licenses 3.1.1— Application Procedures Applicants for initial issuance or renewal of licenses issued by the Board of Selectmen shall submit an application on a standard form as provided by the Town. The applicant shall have the responsibility to complete all information on the form completely and accurately, and under oath, and shall provide with the application all necessary information in order for the Town to determine whether all requirement(s) of the license in accordance with Town or State regulations or bylaws are complied with. These requirements may include but not be limited to: ♦ A sworn statement that the applicant has paid all taxes and fees and other moneys owed to the Town of Reading for any services; All required performance bonds, if any, are on file; ♦ A certificate of Workers Compensation is on file. The Board of Selectmen may request information from any other Department, Board, Committee or Commission in considering the granting and /or renewal of a license. The Board may review the record of any complaints or problems regarding the licensee and /or the licensed premises, and shall take such complaints into account in considering whether or not to issue or renew the license. 3.1.2 — License Period Unless otherwise provided, licenses shall be issued for a 12 month calendar year, beginning on January 1 st. An application for a new license shall be issued for the remainder of the calendar year. Fees shall be charged for the entire calendar year even if the license is effective for only a portion of the calendar year. 3.1.3 — License Restricted to the Premises for which it is Issued Except for Taxi and Livery vehicle licenses, an application for a license shall be specific as to the location, including street number and address, for which the license is issued. The licensed activity may not be moved to any other location without approval of the Licensing Authority. 3.1.4 — Requirement that Licensees maintain their Properties and Businesses in accordance with all Conditions, Bylaws, Rules and Regulations of the Town of Reading during the Term of the License Every business licensed by the Town of Reading, whether listed below or not, shall at all times during the term of their license, maintain the property and conduct their business in accordance with all conditions of the license, as well as in conformity with all policies, rules, regulations and. bylaws of the Town of Reading. All licensees shall maintain their premises in a clean and business -like condition that is conducive to public health and safety. 3 - 1 Board of Selectmen Policies n Section 12 Pouring Licenses X X X X Section 19B, 19C, 19E Farmer's X X X X Series Pouring Permits X X Section 14 Special Temporary Licenses Sections 15F Farmer's Market X X Licenses Definitions 1. ABCC shall mean the Alcoholic Beverages Control Commission. 2. Application shall mean any application,to the Board of Selectmen for authorization to engage in the sale and distribution of alcoholic beverages, including an application for a new license, an application for renewal of a license, an application for an alteration of a licensed premises, an application for a change of manager, and an application to transfer a license. 3. Club License shall mean a license issued to a club pursuant to M.G.L. c.138, §12. Club shall be defined as in M. G. L. c.13 8, § 1. 4. Continuing Care Retirement Community (CCRC) shall mean a facility providing continuing care to residents as defined by M.G.L. c.93, §76; provided, however, that such facility shall include a certified assisted living residence pursuant to Chapter 19D. 5. CCRC License shall mean a license issued pursuant to M.G.L. c.138, §12 to a CCRC. 6. Farmer's Market License shall mean a license issued pursuant to M.G.L. c.138, §15F. 7. Farmer Series License shall mean a license issued by the ABCC to a licensee pursuant to M. G. L. c.13 8, § 19B, § 19C or 19E. 8. Farmer Series Pouring Permit shall mean a license issued by the Selectmen pursuant to M. G.L. c.13 8, § 19B(n), § 19C(n), or § 19E(o). 9. General On- Premises License shall mean a_license issued to an establishment without a common victualler's license pursuant to M.G.L. c.138, §12. 10. General On- Premises Instructional Classes License shall mean a General On- Premises License that allows the service of alcoholic beverages only in conjunction with instructional classes. 3 -3 Board of Selectmen Policies 3.2.1.4 — Common Victuallers and Entertainment. The Board of Selectmen strongly encourages Applicants to submit their application for a Common Victualler or Entertainment License with their Liquor License Application. Submission of a Liquor License Application does not relieve the Applicant from applying for a Common Victualler or Entertainment License, if needed. 3.2.1.5 — Liquor License Fees In addition to any fee required by the ABCC, the following fees shall be paid at the time of filing an Application: Category Fee Section 12 Restaurant — All Alcoholic Beverages $3700 Section 12 Restaurant - Wine and Malt Beverages Only $2700 Section 12 Club — All Alcoholic Beverages $1300 Section 12 Club - Wine and Malt Beverages Only $900 Section 12 General On- Premises — All Alcoholic Beverages $3700 Section 12 General On- Premises — Wine and Malt Beverages Only $2700 Section 12 General On- Premises, Instructional Classes — All Alcoholic Beverages $700 Section 12 General On- Premises, Instructional Classes — Wine and Malt Beverages Only $500 Section 12 CCRC License — All Alcoholic Beverages $500 Section 12 CCRC License — Wine and Malt Beverages Only $250 Section 15 License — All Alcoholic Beverages $2500 Section 14 Special Temporary License $50 Section 15F Farmer's Market License $50 Section 19B, 19C, 19E Farmer Series Pouring Permit $2700 Other Licenses $50 The Board of Selectmen reserves the right to adjust these fees from year to year. Applicants shall confer with the Town Manager's Office to ensure that the appropriate fee is submitted with the Application. Fees will not be prorated. 3.2.2 — General Requirements for Section 12 and Section 15 Licenses, and Farmer Series Pouring Permits 3.2.2.1 — Applications 3.2.2.1.1 — Applications for New and Transfer of License. In addition to the ABCC Application package, Applicants shall provide proof of insurance, written policies as provided in Section 3.2.2.3 of these Policies, the local fee, and any additional information the Board of Selectmen shall request. 3.2.2.1.2 — Application for Renewed License. 3 -5 Board of Selectmen Policies 0/1 Employees of the licensed establishment shall not consume any alcoholic beverages while on duty or after the official closing hour. 3.2.2.5 — Alcohol Management or Server Training All managers, assistant managers, bouncers, bartenders and employees permitted to sell or serve alcoholic beverages are required to successfully complete an approved program designed to train employees to avoid selling or serving to intoxicated persons and minors. Such training shall be completed prior to a manager's appointment or within 30 days of hiring of a new assistant manager, bouncer, bartender or employee. The following programs shall meet the requirements of these Policies: 1. Training for Intervention Procedures by Servers of Alcohol (TIPS) offered by Health Communications, Inc.; 2. Techniques of Alcohol Management (T.A.M.) approved by the Massachusetts Package Store Association (for off - premises sale license only); and 3. Any insurance industry approved and qualified program offered by a certified trainer and approved by the Board of Selectmen. 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 Board of Selectmen at the time of renewal of the license that it satisfies this requirement. Certificates shall be kept on file and available for inspection upon request. 3.2.2.6 — Liquor Liability Insurance Requirement Section 12 Licensees shall have liquor liability insurance coverage in the amounts of $250,000 on account of death or injury to one person, and $500,000 on account of any one accident resulting in injury to or death of more than one person. Licensees shall file a certificate of insurance with the Board of Selectmen. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. Licensees shall notify the Board no later than ten (10) days prior to the cancellation or material change of said coverage. The Board may, pursuant to M.G. L. c.13 8, § §64A, 64B, 67 increase the minimum amount of required insurance coverage. 3.2.2.7 — Duty to Keep Order No Licensee shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. 3.2.2.8 — Proof of Age The Licensee shall refuse to serve any patron under the age of twenty -one (21). When in doubt of age, the Licensee shall require proof of identification. 3.2.2.9 — 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. 3.2.2.10 — Prohibition of Bringing Alcoholic Beverages onto the Premises 3 -7 Board of Selectmen Policies Q� 1 Section 19B, 19C and 19E Monday through Saturday: 11:00 a.m. —12:00 a.m. Farmer Series Pouring Permits Sunday: 12:00 p.m. —12:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Section 15 License Monday through Saturday: 8:00 a.m. — 11:00 p.m., or 11:30 p.m. on days preceding legal holidays. Sunday: 10:00 am ­11:00 p.m., or 11:30 p.m. on days preceding legal holidays. Exceptions: No sales may be made: (1) On Christmas day, (2) On Thanksgiving Day, and (3) On the last Monday in May prior to 12:00 p.m. 3.2.3 — Additional Requirements for Section 12 Restaurant, Club, General On- Premises, General On- Premises Instructional Classes, and CCRC Licenses, and Farmer Series Pouring Permits 3.2.3.1— 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. 3.2.3.2 - Orderly Closing Licensees shall ensure that patrons leave the licensed premises in an orderly manner and do not linger outside the licensed premises for more than 60 minutes after closing. All tables and service locations shall be cleared of alcoholic beverages within 30 minutes after the closing hour. 3.2.3.3 — Prohibition of takine 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 M.G.L. c.138, and with the exception of partially consumed bottles of wine that are purchased with a meal and resealed in accordance with 204 CMR 2.18. 3.2.3.4 — Food Service Restaurant Licensees shall provide a food service at all times when alcohol is served. 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. This provision shall not apply to Club Licenses, General On- Premises Licenses, and Farmer Series Pouring Permits. 3 -9 Board of Selectmen Policies ` 3.2.5 — Requirements for Section 14 Special Temporary Licenses 3.2.5.1 — Type of License The Board of Selectmen may issue the following types of Special Temporary License: (1) Commercial Enterprise Special Temporary License for the sale of Wine and Malt Beverages only; or (2) Non - Profit Enterprise Special Temporary License for the sale of All Alcoholic Beverages or Wine and Malt Beverages only, or any of them. 3.2.5.2 — Standard of Review In addition the considerations listed in Section 3.2.1.1, the Board of Selectmen may consider whether the Applicant has complied with M.G.L. c.138, and these Policies in the past in issuing a license under this section. 3.2.5.3 — Application 3.2.5.3.1 —Form Application shall be made on a form, available in the Town Manager and Board of Selectmen's office, and shall include the following: 1. Town of Reading's General Application Form; 2. Written approval from the owner of the property where the event is being held; 3. Floor plan, as provided in Section 3.2.2.1.3; 4. Outdoor seating plan, if applicable, as provided in Section 3.2.2.1.4; and 5. Local fee (This fee may be waived if the applicant is a non - profit entity). 3.2.5.3.2 — Filinjj Deadline Applications for a Special Temporary License shall be submitted at least 14 days prior to the event. 3.2.5.4 — Duration Any Section 14 license shall identify the date on which the licensee is permitted to distribute the alcohol (the event date). However, the license shall be for a three -day period surrounding the event in order to allow delivery and dispose of all alcohol purchased for the event, unless the Licensee can demonstrate the any such additional day is not necessary for acquisition or disposal of alcoholic beverages. 3.2.5.5 — Acquisition of Alcohol License holders shall purchase all alcoholic beverages from a licensed Massachusetts wholesaler. Alcohol may not be purchased out of state, from a caterer, or from a Section 15 package store. The Board of Selectmen shall provide to Licensees a list of licensed Massachusetts wholesalers, or the method by which a licensee may obtain such a list, upon request. 3 -11 Board of Selectmen Policies `� 4. Local fee. 3.2.6.2.2 — Filing Deadline The Application shall be submitted at least 30 days prior to the event. 3.2.6.3 — Licensed Premises A license granted under this section may be granted for a portion of premises that are licensed under Section 12, if. 1. The Farmer's Market licensee documents the legal basis for use of the Section 12 licensed premises; 2. The area in which a Farmer's Market License is approved shall be physically delineated from the area remaining under the control of the Section 12 license holder; 3. The holder of the Farmer's Market License shall be solely liable for all activities that arise out of the Farmer's Market License; and 4. The Farmer's Market License holder shall not pay any consideration, directly or indirectly, to the Section 12 license holder for the access to or use of the Section 12 licensee's premises. 3.2.6.4 — Alcohol Trainins Servers shall be trained in accordance with Section 3.2.2.5 above. A certificate of completion shall be provided to the Board at least seven days prior to the event. 3.2.6.5 — Conditions of Service All servers shall be at least 21 years of age. No sample shall exceed 1 ounce of wine and no more than five samples shall be served to an individual. All samples shall be consumed in the presence of such server. 3.2.6.6 — Duration The Board of Selectmen may grant a Farmer's Market License for an indoor or outdoor event that takes place on multiple dates or times.during a single calendar year. 3.2.6.7 — Hours In its discretion, the Board of Selectmen may limit the hours of permitted sales. 3.2.6.8 — Signage The Farmer's Market License shall be displayed conspicuously by the licensee at the licensed premises. 3.2.6.9 — Transfers A Farmer's Market License shall be nontransferable to any other person, corporation, or organization and shall be clearly marked nontransferable on its face. 3.2.6.10 — Violation Whenever any Farmer's Market License holder fails to maintain compliance with the requirements of M.G.L. c.138, or any state or local regulation, or any reasonable requirements of 3 -13 Board of Selectmen Policies (i) as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Class I, II and III Motor Vehicle Licenses: L. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of Selectmen a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and II Licenses, all the requirements of Chapter 90, Section 7N 1/4 and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building /Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class I, II or III Motor Vehicle Licenses unless the Board of Selectmen shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit: ♦ The maximum number of vehicles offered to be sold at any one time shall be established. ♦ The location of vehicle(s) to be sold will be specifically stated. ♦ The location of the repair facility will be specifically stated. ♦ There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other 3 - 15 Board of Selectmen Policies �� showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. 3.5.2.4 - Grant or Denial The Board of Selectmen may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate and in the public interest. The Board, in determining whether to issue a license, may consider the public demand or the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. 3.5.2.5 - Term and Fee Any license issued hereunder shall .expire on the last day of December next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of Selectmen. The fee for each license issued shall be fifty dollars ($50.00) per license. This fee shall not be prorated. 3.5.2.6 - Ngtification as to Vehicle If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Board of Selectmen: 1. The make, model, Vehicle Identification Number and age of the vehicle. 2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles. 3. A copy of the certificate of insurance coverage page for the vehicle. 3.5.2.7 - Insurance A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less than $100,000 per person/$300,000 per accident. 3.5.2.8 - Liability The licensee is at all times responsible for his vehicle and shall be liable for all penalties and /or damage resulting from his operation of the vehicle or the operation of the vehicle by an employee or agent. 3.5.2.9 - Suspension or Revocation The Board of Selectmen may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a license without a hearing for a period of no greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle. 3.5.2.10 - Assignment or Transfer Prohibited 3- 17 Board of Selectmen Policies 6 Any permit granted hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of Selectmen. The fee for a permit shall be fifty dollars ($50.00). This fee shall not be prorated. 3.5.3.7 - Picture Identification Card A picture identification card shall be issued by the Board of Selectmen, or its designee, to each permit holder, and shall be displayed prominently in the vehicle when being driven by the permit holder. 3.5.3.8 - Liability A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and/or damage resulting from his operation of the vehicle. 3.5.3.9 - Suspension or Revocation The Board of Selectmen may suspend or revoke a permit granted under the provisions of this article for good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the Board of Selectmen. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar day prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above, if there is sufficient evidence to indicate that the public safety would be .endangered by the continued operation by the permit holder. In no event shall a temporary suspension be for a period greater than ten (10) calendar days. 3.5.4 - Operation 3.5.4.1 - Duty to Transport A permit holder shall not unreasonably refuse to transport a passenger. 3.5.4.2 - SharinjZ a Ride No permit holder shall accept a passenger when . the vehicle is occupied or engaged without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay any extra fare or fee for refusing such consent. Separate fares shall not be charged to members of the same party. A party shall be considered any number of individuals (not exceeding the passenger capacity of the taxi) with the same origin and destination. 3.5.4.3 - Taxi Stands - Parkinjj — Standing The Board of Selectmen may assign a taxi stand or stands to one or more taxicabs. The Board of Selectmen may also designate specific areas, streets or ways where vehicles may not park of stand. Standing and /or parking on public ways or public property of vehicles not licensed in the Town of Reading is prohibited except while waiting to return a party whose original point of hire was from outside of Reading, when operating in accordance with a Massachusetts Department of Public Utilities license, or when being used for personal (non - vehicle for hire) purposes. 3 -19 Board of Selectmen Policies (a� Fares for all persons sixty (60) years of age and older shall be discounted in accordance with a schedule approved by the Board of Selectmen. When discounted rates are offered, they must be offered to all senior citizens using a taxicab pursuant to the licensing established in this policy. There shall be displayed a sign informing the passengers of the discount. 3.5.5.4 - No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the Board of Selectmen under the authority granted by these regulations. 3.5.5.5 - Livery Rates Charges by liveries shall be subject to mutual agreement between the livery operator and the passenger(s). 3.5.6 - Information Update and Penalties 3.5.6.1 - Information Update When any information provided .in an application for a license. or permit changes or is updated, the respective .licensee or permit holder shall give notice thereof, in writing, to the Board of Selectmen. 3.5.6.2 - Penalties The penalty for a violation of any of these rules and orders shall be a fine equal to the fine for a violation of Town Bylaws as set forth in Article 1.5 of the Town Bylaws. Violation of any of the rules and orders herein shall be just cause for suspension or revocation of a license and /or permit. Adopted 7- I8 -89, Revised 12- 13 -94, Revised 5 -25 -04 Section 3.6 — Innholders and Common Victualler's Licenses Chapter 140, Sections 2 of the Laws of the Commonwealth, provide for the licensing of Innholders and Common Victuallers. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Innholders -and Common Victualler's Licenses: 1. Each application will- be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Innholders and Common Victualler's Licenses will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre - dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 3. The applicant shall provide to the Board of Selectmen proof of ownership, a lease, or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 3-21 Board of Selectmen Policies 6. For each live entertainment event, the licensee shall be required to prevent the unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises. 7. For each live entertainment event, the licensee shall be required to prevent an unreasonable level of pedestrian or vehicular traffic in the area of the event, and to prevent the unreasonable level of increased parking in the area of the premises. 8. The Town may require a Police or other detail at live entertainment venues, depending upon the anticipated attendance at the event, and also depending upon the nature of the event. The decision as to require a Police or other detail shall be solely at the discretion of the Town. 9. Prior to the issuance of an Entertainment License for live entertainment, the Board may require a review by the Health Division, Fire Department, Police Department, and the Building /Zoning Inspection Division, and proof that all necessary approvals, permits, ,and other licenses needed to operate have been issued. Revised 5 -25 -04 Section 3.8 — Licenses for Automatic Amusement Devices Chapter 140, Sections 177A of the Laws of the Commonwealth, provide for the licensing of "Automatic Amusement Devices." The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Licenses for Automatic Amusement Devices. Automatic Amusement Devices include those that are coin or otherwise operated, as well as those that are free for play: 1. Each application will be dealt with on a case by case basis. 2. Licenses for Amusement Devices other than clubs will be subject to a hearing by the Board of Selectmen. 3. Automatic Amusement Devices licensed under this policy shall be so installed on the premises so as to be in open view at all times while in operation, and shall at all times be available for inspection. 4. No person keeping or offering for operation or allowing to be kept for operation any automatic amusement device licensed under these policies shall permit the automatic amusement device to be used for gambling. A device that rewards the player with free play on that machine shall not be considered to be gambling. 5. Prior to the issuance of a License for Automatic Amusement Devices, the Board may require a review by the Police Department and the Building /Zoning Inspection Division, and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Revised 5 -25 -04 Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that 3 -23 Board of Selectmen Policies a 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 Section 3.10 — Licenses for Utilizing Public Sidewalks for Outdoor Dinin The Board of Selectmen desires to encourage restaurants to provide outdoor dining on public sidewalks in the downtown area of Reading in a safe and orderly manner. These regulations are adopted pursuant to Section 5.2.1 of the General Bylaws of the Town of Reading, which provides in part that "No person shall place or cause to be placed any obstruction in any street, public place or private way in the Town without permission of the Board of Selectmen...." Outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining on a public sidewalk, upon site plan approval by the Community Planning and Development Commission. This policy addresses only outdoor dining on public sidewalks. The following regulations shall apply for licenses for utilizing public sidewalks for outdoor dining, or "Outdoor Dining Licenses ": Application. 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the Applicant. 2. Applications for Outdoor Dining Licenses utilizing public sidewalks shall be made to the Board of Selectmen by submission of an Application Form. The application will include the name, address, email address, and telephone number of the owner of the building within which the restaurant is located, proof of ownership, a lease, or written approval of the property owner within which the restaurant is located (if other than the applicant) for the use of the premises for the license period. The application shall be signed by the owner of the restaurant and shall be accompanied by a copy of the current Permit to Operate a Food Establishment issued by the Board of Health. 3. The application shall also include 10 copies of a professionally drawn plan and all supporting documents containing the information required in order to be able to make a decision as to the license, and shall also include a plan for outdoor lighting if any is proposed. 4. The License is revocable at will by the Town for any reason whatsoever upon written notice to the Licensee from the Town. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity or otherwise. 5. Outdoor Dining Licenses shall be issued only to Inn- holders and Common Victualers for portions of public sidewalks directly abutting their business, and will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre -dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 6. Prior to the issuance of a license for outdoor dining on public sidewalks, the Board may require a review by the Community Services Director, Health Services Administrator, 3-25 Board of Selectmen Policies perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. 16. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. 17. The licensee shall be responsible for keeping the portion of -the sidewalk subject to an Outdoor Dining License clean and free of dirt, dust, and other debris from April 15 through October 31 of each year. In addition, the Outdoor Dining Licensee shall be responsible for preventing and/or cleaning up litter from the licensed establishment in areas abutting the licensed premises. 18. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. Restaurants shall have an accessible path of travel at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area. 19. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 20. The Outdoor Dining License shall be considered annually and every license shall expire on December 31 of each year, subject to renewal. No facilities or furniture shall be placed on the sidewalk as part of the license except for the period between April 15 and October 31 of each year. 21. Within the period from April 15.to October 31, upon notification from the Department of Public Works or from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. Administrative Requirements 22. If the license is approved by the Board of Selectmen the owner and operator of the restaurant shall sign a License Agreement and shall provide a required Certificate of Insurance before issuance of the License and before commencement of any activities under the License. 23. The Licensee shall provide evidence of insurance as required by the Town Manager and by State Statute. Such insurance shall cover the use of all equipment related to the premises related to the Outdoor Dining License. The Comprehensive General Liability Policy shall insure against all claims and demands for bodily injury and property damage with respect to the sidewalk dining facilities and services, and the Town shall be named as an "additional insured" in all policies of such insurance. If alcohol sale and service is to be part of the outdoor dining license, a liquor liability insurance policy shall also be required. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the Outdoor Dining License. 24. The Licensee shall comply with all applicable laws (including the sign portions of the Zoning by- laws), rules, regulations, and conditions of other licenses and permits. 3-27 Board of Selectmen Policies C��, 6. The maximum sign area shall not exceed 6 square feet per side, with no more than 2 sides; 7. Portable A- Frame /Sandwich Board signs: • May be on public or private property; • Shall be located within 15 feet of the business entrance (unless granted a visibility hardship); • Must be located so as to leave a minimum of 4 feet (48 inches) of an unobstructed walk -way for safe pedestrian passage and shall not obstruct pedestrian movement; • Shall be subject to all requirements for handicapped accessibility • Must be located in a manner that does not obstruct site lines or vehicular traffic; • Must be located at least 20 feet from the intersection on corner lots; • Shall be located at least 20 feet from another Portable A- Frame /Sandwich Board sign; • May be placed in a permitted location only during business hours of operation, and must be removed at the end of the business day. • May not be located on landscaped islands or other planted areas; • Must be freestanding and not attached to any public appurtenance such as a bus shelter, sign post„ light fixture, trash barrel, bench or other similar item; • May not include attachments like balloons, flags, banners, lights, reflectors, or other items; • Must be sufficiently weighted to prevent it from blowing over. 7. Visibility Hardship - Businesses may apply for a hardship for placement of signs on the major access roads due to their location in an alleyway or other area that restricts visibility of the business from major roads. Applicants shall demonstrate this hardship with photos or other supporting documentation. If a hardship approval is granted, signs shall be located on the street closest to the business. All of the other requirements for Portable A- Frame /Sandwich Board signs shall apply. Other 8. The sign shall be maintained in good condition; 9. Only one portable A -frame sign per businesses is allowed; 10. The sign material shall be weather resistant, shall not be reflective, and shall not include any type of illumination; 11. Portable signs shall be removed during a declared snow emergency. 12. The sign permit is non - transferable and application for, such permit must be from the business owner (not the sign installer /maker). 13. The permit is not valid for any other business or location other than what was approved by the original permit, and the advertising on the sign shall only apply to the business for which the permit was granted. 14. Political statements or messages are prohibited. 15. Applicant shall indemnify the Town of Reading or its agents from damage to signs resulting from plowing or other public works maintenance. 16. Applicants must be current on all taxes or fees owed to the Town prior to the application for a permit. Application 3-29 Board of Selectmen Policies may be appealed to the Town Manager, and the Town Manager's decision is subject to further appeal to the Board of Selectmen. The Board of Selectmen decision in such cases. shall be final Approved 1015110 Amended 1 -4 -11 Section 3.12 -KENO Licenses 3.12.1 - Purpose The purpose of this Policy is to establish the procedures for reviewing Applications for a KENO License in accordance with M.G.L. c.10, §27A, and to ensure that KENO operations do not detract from the quality of life within a specific neighborhood and in the Town as a whole, while at the same time promoting a vibrant local economy. This policy shall not apply to KENO- To -Go. 3.12.2 - Definitions 1: Commission shall mean the Massachusetts State Lottery Commission. 2. Chair shall mean the Chair of the Reading Board of Selectmen. 3. The Board shall mean the Reading Board of Selectmen. 4. KENO shall mean an on -line lottery game in which a player selects from one to twelve numbers from a field of 80 numbers. The lottery randomly selects 20 numbers from the same field of 80 numbers. Depending on the quantity of numbers matched and validation of the ticket, the player may win a prize. KENO, as used herein, shall not include KENO - To-Go, where a player views the winning numbers on a device outside the location from which the player purchased the KENO -To -Go ticket. 5. KENO License shall mean the approval from the Commission to provide KENO in accordance with MG. L. c.10, §27A. 3.12.3 - Application At the same time that an Applicant files a KENO License Application with the Commission, a copy shall be submitted to the Board of Selectmen. Copies of the KENO License Applications may be submitted electronically to the Town Manager or in hard copy to 16 Lowell St, Reading, MA 01867. 3.12.4 — Review and HearinI4 Process 3.12.4.1 — Initial Review Upon receipt of notice from the Commission that it has received a KENO License Application, the Chair or his /her designee, shall review the Application and determine 3 -31 Board of Selectmen Policies n Saunders, Caitlin From: LeLacheur, Bob Sent: Sunday, September 24, 2017 1:27 PM To: Saunders, Caitlin Subject: FW: Science spending in the schools - follow up to my 9/11/2017 letter (with answers!) Attachments: school committee letter on science spending with answers final.docx Importance: High BOS packet, below & attachment From: Marianne Downing [mariannedowning @comcast.net] Sent: Sunday, September 24, 2017 9:34 AM To: Town Manager; Reading - Selectmen Cc: 'Doherty, John'; 'Martin, Craig'; Dowd, Gail Subject: Science spending in:the schools - follow up to my 9/11/2017 letter (with answers!) Dear Town Manager and Board of Selectman: As a follow up to my email to you of 9/11/2017, where I copied you with some questions I had on the technology and science spending of the schools — questions.I was physically bringing to the school committee during office hours that evening, but was simply copying you all on — I wanted to close the loop on this and further copy you on the answers I got to my questions. In particular, during the school committee office hours on 9/11/2017, during the superintendent's office hours on 9/12/2017, and also offline over the next week, the superintendent and assistant superintendent provided me with answers and explained rationales for certain decisions, such the choice to go with an all- digital science curriculum that necessitated purchase of laptops. The attached document summarizes all of what I heard as answers, and 1 hope that when my original email of 9/11 goes into a future BOS packet, that this additional attached letter with the answers is included alongside it. I think it logically flows well to see my questions in one email with attachments then the answers following it immediately in another email with an attachment. Feel free to contact me with any questions. Best Regards /�'f6!/76Ii1i1e /V '06W 11 7 Home Address: 13 Heather Drive — Reading MA Email:.mariannedowning@comcast.net (3) Why was approximately half of the money allocated by town meeting for the science curriculum ($74K/150K) spent on "laptop carts for technology standards" for grades 7 -9 and why wasn't it made more clear that transitioning to the new a -book based science curriculum also would require significant new tech purchases? a. Wasn't all of this $150K supposed to be spent only on science curriculum so that the district could meet the 2016 science curriculum frameworks? Curriculum reasonably can be interpreted to be books (electronic or paper), workbooks, lab supplies, kits, and related equipment, but laptop carts which arguably can be used for purposes other than science, do not seem to fit the definition of "science curriculum ". ANSWERS: The schools view the laptops as part of the science curriculum because laptops or other digital means are necessary to access the new science curriculum. The science curriculum that the district chose is 100% digital and thus is only provided in electronic book form, not as paper books. It should be noted that digital textbooks are different than paper textbooks in that they are much more interactive and contain simulations, videos, and other interactive exercises that do not exist in paper textbooks. The science teachers from both the middle and high school reviewed these materials and strongly recommended them. The science classes also will use the computers for additional things besides just accessing the science books. I asked whether there were non - digital alternatives and was told that the non - digital alternatives (paper books) were more costly than just e -books alone. i asked whether the district already had enough computers to use the new digital science books and was told it did not. Because the district did not have sufficient existing computers for the students in grades 7 -9 to be able to use the new electronic books and related electronic materials in class, laptops had to be purchased for this. Approximately 120 laptops were purchased using the $74K of the science curriculum money... l asked why not use Chromebooks, which are cheaper, if the devices are only used for e -book access, and was told that Chromebooks do not have as long an operational life as laptops, do not have sufficient memory and capacity to run the programs in the new science curriculum, and would require more manpower and technology resources to manage I asked what about the other tech costs of implementing an all - digital curriculum, such as ensuring classrooms have sufficient Wi -Fi bandwidth and networking capability, and costs for hiring individuals to install and maintain all of this and was told this is built into the technology budget (different cost center). The network infrastructure. is in place and is maintained through both the capital budget and the operating budget. The technicians who maintain the computer are funded in the operating budget. The funding is allocated in the district wide technology category of the district wide services cost center. b. Are these laptop carts in fact being used for anything other than or in addition to science curriculum? If so, it does not seem appropriate to use dedicated science curriculum dollars on them. Instead, these laptops should have been paid for out of a technology cost center. ANSWER: the laptops are for dedicated science use and are assigned to specific science lab classrooms, but will be used for MCAS testing if needed, along with all other computers in the schools (such as library computers). (4) What did the slide mean when it said these computers were purchased for "technology standards "? ANSWER: Massachusetts has a curriculum framework for science, approved by the Board of Education in 2016 and a separate and distinct curriculum framework for Digital Literacy and Computer Science, approved by the Board of Education in 2016. The science and technology /engineering standards are intended to drive engaging, relevant, rigorous, and coherent instruction that emphasizes student mastery of both disciplinary core ideas (concepts) in science and application of science and engineering practices (skills) to support student readiness for citizenship, college, and careers. The Digital literacy and computer science standards articulate critical learning outcomes for Kindergarten through Grade 12 to help prepare students for success in world. The standards represent the core elements of digital literacy and computer science and are intended to drive coherent, rigorous instruction which results in the mastery and application of digital literacy and computer science knowledge, reasoning, and skills. The computers purchased will be a tool to help students reach standards in both frameworks. � •r w \ r Robert W. LeLacheur, JR. CFA Town Manager 16 Lowell Street Reading, MA September 21, 2017 Reading School Committee Dr, John Doherty Gail Dowd Sharon Angstrom Reading Board of Selectmen Reading Finance Committee Reading Town of • Lowell Street Reading, 01867-2685, RE: November Town Meeting — FY 18 update phone: (781) 942 -9043 fax: 781 -942 -9071 w: NVww.readinLYlna .goV e: tow nman age r tii,',ci,readinft.ma.us While the Town and Schools are in constant contact about financial issues, the capital plan gets very careful scrutiny in the early fall each year, with the goal to bring a balanced capital plan to November Town Meeting that then only needs "minor adjustments in the annual budget process aimed at April Town Meeting. This year after meetings with all departments, the one item that stepped to the front of the line is a needed repair of the skylights at the Wood End School for an estimated $480,000. 1 will let the Superintendent and Facilities Director share more details on that issue, but in the reminder of this memo explain how we will fund this item in November, and not require any Free Cash (as of this moment) to do so, because of four positive developments First, I am quite pleased to share that the DOR today has certified our New Growth at $841,972. This gives us an additional $341,972 to use in the current year — and more importantly becomes a new baseline for taxes in future years. This figure exceeds my best guess, and is a testament to the economic development that is already underway in the community. Second, we budgeted a bit below the final state aid figure by `1;100,000 —which is another source of sustainable annual revenue, although increases will remain uncertain each year. Third, Fire Chief Greg Burns and his staff are to be commended for securing a grant for much needed breathing apparatus equipment. The result of the grant is that Reading can reduce the capital outlay from an approved $190,000 to only $25,000 — which frees up $165,000 of budgeted expenses. Fourth, we will spend $190,000 less on debt service for the RMHS litigation settlement than budgeted, although that savings will be reduced by about a $75,000 reduction in tax revenues, for a net savings of about $115,000 of budgeted expenses. The reasons are complex and involve the IRS; DOR and the town — I will explain briefly at the October Financial Forum. Broadly, the legal expenses incurred by the Saunders, Caitlin From: LeLacheur, Bob Sent: Friday, September 22, 2017 10:02 AM To: Saunders, Caitlin Subject: FW: [Reading MA] Route 28 (Sent by Pauline Harte, pmharte45 @yahoo.com) Tuesday BOS packet Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaeer(@ci.readine.ma.us (P) 781 - 942 -9043; (F) 781 - 942 -9037 www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED - - --- Original Message---- - From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net] Sent: Thursday, September 07, 2017 7:34 PM To: Reading -Selectmen Subject: [Reading MA] Route 28 (Sent by Pauline Harte, pmharte45 @vahoo.com) Hello Board of Selectmen, Pauline Harte (pmharte45 @vahoo.com) has sent you a message via your contact form (https: / /www.readingma.gov /user /475 /contact) at Reading MA. If you don't want to receive such e- mails, you can change your settings at https: / /www.readingma.gov /user /475 /edit. Message Hello. Not sure if this is the correct route to take, but here goes. I live on Main Street in Reading near Bagel World Starbucks etc. Is there a plan in the future to improve R 28. It is in a deplorable condition between the exit off R128 and Washington Street intersection. There are little or no speed limits posted and truck /cars speeding up and down. Few safe places for pedestrians to safely cross and dilapidated sidewalks. I realise it is a state road but reckon town has a voice. I look forward to hearing from you. Regards Pauline Harte D Linda Snow Dockser, Ph.D. 110 Beaver Road; Reading, MA 01867 (781) 942 -7586 ldockser @verizon.net Board of Selectmen Town Manager Bob LeLacheur Town of Reading Reading, MA 01867 September 5, 2017 Dear Town Manager LeLacheur, BOS Chair Arena, and VASC Members Berman and Ensminger: It is with a very heavy heart, and after much consideration, that I proffer my resignation from Reading's Human Relations Advisory Committee, effective immediately. As I know you are aware, my aim has always been to serve our community in ways that build bridges between people and inspire and empower our citizens to "do the right thing" for themselves and everyone around them. I perceived my goal to be a perfect match with the mission of the HRAC. Unfortunately, I have found that the HRAC has been paralyzed by what I believe to be unnecessary obstacles and politicizing of human relations. This is especially unfortunate with the anti- Semitism and hate recently manifest in our community. I have volunteered in Reading for over 20 years, working collaboratively with many different administrators to plan, fund, and run different programs, and can say, definitively, that I have never felt so disrespected as I have in my role as chair and vice chair, respectively, of the HRAC. Thank you to all who have supported my efforts to educate and advocate for character education and human rights in Reading. I look forward to continuing to work toward a diverse and welcoming town, albeit in a different role. Respectfully Submitted, Linda Snow Dockser Conversations thus far have gone nowhere. I sent a letter to the Board several weeks ago and got no response. The people of Reading deserve better when engaging with their elected officials. I look forward to your responses. Thank you, Kaitlyn Mercurio 2 I would like an explanation as to why the vacancies on the Board of Health were not publicly posted as per regulations. 1 would also like to know why a seemingly impressively qualified candidate for the Board of Health was not interviewed, and instead a vacancy was filled by an individual with no public health experience. Thank you for your attention to this issue, Jennifer Corwin MD k articulated in detail in the attached document. While not pursuing rulemaking at this time, MassDEP is planning further work related to water withdrawals in the Commonwealth. Registration. renewals are scheduled to take place in 2021 and as we approach that process,.. MassDEP will evaluate the results of the following studies and efforts to determine If additional regulatory action is Warranted: 1. Assessing the water savings achieved if certain demand management strategies and water. conservation standards.,were implemented in flow- stressed basins. MassDEP will utilize the Ipswich and Parker. River Basins to develop and conduct this assessment: The assessmentwill consider water savings achieved by applying the conservation. standards on registered -only public water suppliers, on private wells, and on known unregulated. withdrawals those withdrawals that fall below.the regulatory threshold,: but are not intended for use by a single homeowner). This. assessment will also help to define the. universe of below.threshold withdrawal volumes. 2. MassDEP will be.evaluat'ing ways in which additional water saving'actions can be implemented during times of severe drought. This evaluation will include a legal review of MassDEWs authority related to the regulation of non - essential outdoor water use in cities and towns without a WMA permit during a declared drought. 3 Developing and implementing aCommonwealth= wide.educational campaign about the Importance of water conservation, highlighting outdoor water use best practices. We will reach out to you and other stakeholders. in the months ahead to get input on these efforts and to discuss our progress. Thank you for your continued interest and work on Water Management Act programs. E= The Massachusetts Department of Environmental: Protection's Action on the Massachusetts.Rivers Alliance Petition "Upon receipt of a petition for the adoption, amendment or repeal of a regulation submitted pursuant. to 310 CMR 2.02 ... the department shall consider the petition ... at a :meeting and shall, thereupon, determine whether to schedule the petition . _ for further proceedings in accordance with 310 CMR 2.05 or 3.10 CMR 2.06 [procedures for rulemaking with or without public hearing]. If the regulation. has been presented to the department by petition :.., the department shall within ten days after the meeting notify the petitioner of the department's action." 310 CMR 2.04 states that: "During the meeting ..., the. department may, but shall not be required to, entertain comments or questions from members of the audience." II1. The Massachusetts Rivers Alliance Petition The Petitioner's Request The petitioners described two requests in the. Petition, the first to delete four words from the "Purpose'.' section of the Water Management Act (WMA) regulations, and the second to adopt -conservation= related conditions in the "Registration Conditions" section of the regulations. The Petition also included an.Appendix A which purported to include proposed regulatory language for the new conditions, however the conditions as proposed in Appendix A and the conditions as described in the Petition were not entirely consistent. First, the petitioners requested that MassDEP amend the "Purpose" section of the WMA . regulations, 310 CMR 36.02, by deleting the words "above the threshold volume" -from the sentence that currently reads as follows: "310 CMR 36.00 is intended to establish enforceable standards, criteria and procedures that will enable the Department to comprehensively manage withdrawals above the threshold volume throughout the Commonwealth to ensure an appropriate balance among competing water withdrawals and uses and the preservation of the water source." (Emphasis added.) Second, the petitioners requested that MassDEP amend the "Registration Conditions" section of the regulations, 310 CMR 36.07, to add conservation conditions that would be imposed on all registrants upon renewal of their registration statements. In the body of the Petition, they requested the adoption of the following conditions: a) Preparation of a written water conservation plan that incorporates and achieves the Water Resource Commission's Water Conservation Standards, including but not limited to, 65 residential gallons per person per day, 10 percent or less unaccounted for water, and a seasonal demand management plan restricting outdoor water use, which also considers recommendations under the current Water Conservation Standards. b) Requirement that all registration renewals be subject to the completion of the plan described above. 2 5� water management. Id. at 110. They pointed out that in Water Dep't of Fairhaven v. Dep't of Envtl: Prot., 455 Mass 740 (2010), the Supreme Judicial Court "affirmed the authority of the Department to promulgate regulations conditioning its issuance of 10 -year registration.renewals with reasonable water conservation measures.." Id. at ¶ 4.. They concluded that despite MassDEP's authority:to condition.registrations through regulations; the current regulations. "improperly insulate withdrawal registrations" from the Act, the WMA regulations, and the WRC's standards and policies. Id. at ¶ 4. Next, the petitioners argued that MassDEP's failure to. condition registered withdrawals abrogates the principles of the Commonwealth's public trust doctrine. Id. at ge describing They quoted from the WRC'. s Water Conservation Standards ( "Standards ") language describing the Commonwealth's obligation to "preserve the Commonwealth's water resources, as part of the public trust" as evidence that the Act was founded .on the principles of the public trust doctrine. Id. at 114. They explained that the Standards "recognize surface and groundwater as integrated components of the public trust .. a concept that is clearly incorporated in Section 3 of the Act which mandates that groundwater and surface water be managed as a `single hydrological system."' Id. at ¶ 16. They concluded that by not applying the WRC's water conservation performance standards to registered withdrawals, MassDEP "undermines and defeats the collective interest of the public in public trust property.." Id. at ¶ 17. Turning to climate change, the petitioners argued, on the basis of reports issued by the Union of Concerned Scientists, the federal Environmental Protection Agency and the Massachusetts' Office of Energy and Environmental ,Affairs, that in the future Massachusetts will experience warmer winters and hotter, drier summers accompanied by m.ore,frequent droughts. Id. at ¶ 19. They stated that because, groundwater withdrawals are proven to have the most significant. impact on flows during per of drought, MassDEP's failure to impose conservation conditions on registered withdrawals will compound the impacts of climate change. Id. at 123. Anticipating an argument from MassDEP that imposing conservation conditions is wholly discretionary, the petitioners argued that "insulating 60 percent of authorized water withdrawals from these reasonable, necessary and `important' water conservation conditions is in fact arbitrary and capricious and an abuse of.the Department's discretion." Id. at ¶ 25. They cited Boston Gas Co v Dep't of Telecomm. & Enema, 436 Mass. 233 (2002), and Brockton Power Co v Energy Facilities Siting Bd., 469 Mass. 215 (2014), for the proposition that "[a]gency discretion that. remains unexeresed in the midst of compelling circumstances that demand action, is discretion clearly abused." Id. at � 26. Circling back-to the Act itself and the regulations, the petitioners argued that by incorporating.the WRC's Standards into permits but not registrations MassDEP is not "managing ground and surface water in the commonwealth as a single hydrological system" nor is it promulgating regulations that "conform to, and implement, the principles, policies and guidelines established by the commission," as required by the Act in Section 3. Id. at .¶¶ 28 -31. Quoting language about "balancing among competing water withdrawals and uses and the preservation of the water source and "balance[ing] human and ecological water needs" from the "Purpose" section of the regulations, 310 CMR 36.02, the petitioners concluded that MassDEP was in violation of its own regulations by not imposing water conservation standards on registered withdrawals. Id. at 13 1. ci�b) for MassDEP to manage withdrawal volumes.: registrations and permits. G.L. c. 21G, §§ 5, 7. Section 5..of the Act provides that "[e]ach person making an existing withdrawal in excess of the threshold volume shall file a registration. statement in accordance with the regulations adopted by the department ...." ..Section. 7 of the Act states that "[n]o person may . _ make`a new withdrawal of more than.the threshold volume: of water from any water source ... unless. such person obtains a permit in accordance with regulations adopted by the department:" Although MassDEP does have specific; .limited authority under the Act to address below threshold withdrawals in certain circumstances,. the primary regulating mechanism established by the Act authorizes MassDEP to manage - withdrawals through the issuance.of permits and registrations for withdrawals 'above the threshold volume. See G.L. c. 21 G. Proposal to Lower the Threshold Volume The Water Management Act sets the threshold volume at 100,000 gallons per day and authorizes the department to issue permits and registrations for withdrawals above that threshold volume. G.L. c. 21 G, § § 4, 5 and 7. The Act also allows the department to raise or lower the threshold volume, by regulation; upon a finding that a different threshold is "necessary and adequate to protect the public health, safety and welfare." Id. at § 4. If the department chooses to lower the threshold volume; it is required to adopt procedures and a deadline by regulation for a new . registration -perio°d for-anyone, withdrawing -above. the new thresholds volume.- d— .,at' §"'5':..A. determination by.the department to lower the threshold volume would require, at a minimum, amendments to -the definition of "threshold volume" and "voluntary registration statement" in 310 CMR 36.03. and would require the department to establish a new registration schedule in 36.04. Before lowering the threshold volume, the department would*need considerably more information than it currently has on the volume of below - threshold withdrawals and their impact on their respective watersheds in order to satisfy the statutory requirement that it make a determination that a lower threshold is "necessary and adequate to protect the public health, safety and welfare." Therefore, .because MassDEP does not currently have enough information and analysis to justify a reduction or to choose a specific new threshold volume, it will not proceed with rulemaking on this request, but will continue to gather information and study the impacts of below - threshold withdrawals. Proposal to Amend 310 CMR 36.07 1. MassDEP is not required by the Act, the WMA regulations, or MEPA to amend its regulations to include water conservation .conditions for registered withdrawals. approvals,.granted under MassDEP's drinking water program, are construction approvals for the delivery of safe drinking water and do not authorize any particular volume of withdrawal. 2 MassDEP. has authority to restrict below threshold withdrawals during .a declared State of Water Emergency (G. L. e. 21G, §§ 15 -17); authority to require municipal permittees to restrict non - essential outdoor water use of below threshold withdrawals through,permit conditions (G.L. c. 21G, § 11); and authority under a separate statute, G.L. c. 111, to address threats to public health. In addition, during the initial registration period in 1987, the department also accepted and approved voluntary registration applications for withdrawals below the threshold volume. Those withdrawals are subject to the same regulations and conditions as registered withdrawals above the threshold volume. be interpreted in accordance with their "usual and ordinary meaning." Ten Local Citizen Groin v. New Eng Wi ; LLC; 457 Mass. 222,229 (2010). Section 36.02 is merely a statement by the department explaining its reasons for promulgating the regulations. It explains that the' "Commonwealth's water resources are public resources," that the regulations are "intended to establish enforceable standards ,.criteria and procedures," and briefly describes the Sustainable Water Management Initiative undertaken by the Executive .Office of Energy and Environmental Affairs that informed the most recent changes to the regulations. This section contains no requirements for or restrictions on the agency itself or any regulated party, and therefore MassDEP cannot .be in violation of this section. Likewise, the Department's failure to impose conservation conditions on registered withdrawals is not a violation of MEPA because MEPA does not impose any requirements on the renewal of registered withdrawals.-- The requirements of G.L. c. 30, § 61, only apply to approvals of projects that are required to file an Environmental Impact Report (EIR) under the MEPA regulations-,301 CMR 11.00. Renewals of registered withdrawals do not trigger MEPA review. See 301 CMR 11.03(4). 2.- The common law public trust doctrine does not impose additional requirements on MassDEP's management oft. he Commonwealth's wvater're §ources. The common law public. trust doctrine cannot impose any additional obligation on the department to manage water withdrawals, separate and apart from its responsibilities under the Act, because the Act supplanted common law water rights. Massachusetts. law. holds that "where a statute has been enacted seemingly intended to cover the whole subject to which it relates, including a remedy for its infraction, other provisions of the common law, including such as are remedial in nature, are thereby superseded." George v Nat'l Water Main Cleaning Co., 286 F.R.D. 168,187 (D. Mass. 2012) tin Sch Comm. of Boston v. Reilly, 362 Mass. 334,338 (1972)); see Salisbury v Salisbury Water Supply Co., 279 Mass, 204, 207 (1932) ( "Where ... legislation has been enacted which seems to have been intended to cover the whole subject to which it relates, ;it ... supersedes the common law. "). The petitioners themselves acknowledged the Act's "statutory ..: purpose to comprehensively manage water withdrawals." Petition at ¶ 31 (emphasis added). The Act commissions the department to "adopt such regulations as it deems necessary to carry out the purposes of this chapter, establishing a mechanism for managing ground and surface. water in the commonwealth as a single hydrological system and ensuring, where necessary, a balance among competing water withdrawals and uses." G.L. c. 21 G,. § 3. Further, as the Fairhaven court explained, the Act was adopted because a Special Legislative Commission on Water Supply, established in 1977, had "found the existing legal framework to be inadequate to promote water conservation in the Commonwealth." 455 Mass. at 745 -46. Given the breadth of the Act's purpose and grant of authority to the department, and the Legislature's express dissatisfaction with the ability of the common law to protect the commonwealth's water resources, there is no question that the Legislature intended the Act to supersede common law water rights, including any potential application of the common law public trust doctrine to water. withdrawals. Therefore, department's regulatory discretion and obligations with regard to registered withdrawals arise from the words of the Act and not the common law. 5� systems, their current water use and irrigation practices, and uncertainty around how conditions would be applied to regional water systems, it has been and remains for now the department's determination that imposing water conservation conditions on registrations would likely result in little-actual water savings. Registered -only water systems .have not increased their demands in 35 years and most have significantly reduced their demand over time. For example, the. Massachusetts Water Resources Authority (MWRA), the largest registered -only water system, holds a.registration for 313 million gallons per day (mgd), representing its actual use in the early 1980's, but now uses only about 200 mgd (202 mgd in 2016). Similarly, Springfield Water and Sewer Commission, registered for 41 mgd, has consistently withdrawn in low 30s in recent years..(33 mgd.in 2016). Imposing water .conservation conditions. on registered -only systems, some of whom are already effectively meeting the RGPCD and UAW standards, will remove their incentive to keep their overall demand below their registered volume. Instead, the' department has undertaken other efforts to encourage registrants to conserve water. For.example, in FY2017 and FY2018, the department. solicited.interest,from registrants, and permittees to receive a free American Water Works Association (AWWA) M36 "Top Down" Atudit frUm a :private: consulting :fzrm. Four registrants ,participated..in.2017,.. The M36 audit allows public water suppliers .throughout the Commonwealth to utilize a common methodology to articulate water loss needs and conservation.. Developing uniform approaches for identifying and communicating water loss will allow public water suppliers and the department to. work together to more efficiently set infrastructure and management goals that minimize costly and wasteful non- revenue. water .production, prioritize the replacement of aging infrastructure and manage infrastructure assets. With regard to climate change, petitioners argue that MassDEP should impose conditions because'. groundwater withdrawals are proven to have the most significant impact on flows during periods of drought." Petition at ¶ 2' ). Conditioning registrations. would not, however, have any significant impact on groundwater withdrawals because over 90% of registered -only withdrawals are from surface waters. MassDEP has undertaken many initiatives throughout the agency to address climate change. For example, in 2015 the water bureau established a technical assistance program (the Water Utility Resilience Program or WURP) to work with water utilities statewide to enhance their resiliency to climate change. WURP supports Drinking Water (DW) and Wastewater (WW) utilities in developing or enhancing their resilience to severe and hazardous weather events, including those caused by climate change. Assistance provided through this program include: identifying helpful and practical resiliency resources, finding opportunities for local and regional partnerships, offering infrastntcture mapping and adaptation planning assistance, and coordinating training opportunities. WURP works closely with the MassDEP Emergency Preparedness Officer to ensure climate change resilience is part of an all hazards approach to technical assistance for DW and WW utilities. WURP provides an avenue for the department to assist DW utilities with a comprehensive review of their resiliency to a changing climate, rather than approaching climate change on permit -by- permit or program -by- program basis. 3 The application period for FY2018 is still open. 10 5q Sweeney, Brendan From: Emmy Dove <elbdove @gmail.com> Sent: Thursday, August 3.1, 2017 2:14 PM To: Sweeney, Brendan Subject: Re: Board of Health Appointment Interview Hi Brendan, I unfortunately cannot make that day. My husband is out of town most of September and finding backup childcare is challenging. Tuesday evenings, in general, are bad for me as my son has a weekly appointment. Please let me know if there are any other dates that would work for you. Thank you, Emmy Dove On Thu, Aug 31, 2017 at 12:17 PM, Sweeney, Brendan <bsweeneygci.reading ma.us> wrote: Hello Emmy, Your interview with the Volunteer Appointment Subcommittee. regarding your request to be appointed to the Board of Health has been scheduled for Tuesday, September 91h at 6:40 PM in the Berger Room in Town Hall. Further details are in the attached documents. Please respond to this email to confirm that you either can or cannot make the meeting at that time. Thanks! Brendan Sweeney Administrative Assistant to the Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 781 - 942 -9043 ext. 643 bsweenevna.ci.readine.ma.us Town Hall Hours: Mon, Wed, Thurs 7:30 am — 5:30 pm C(\)