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HomeMy WebLinkAbout2009-06-23 Board of Selectmen packetTown of Reading 16 Lowell Street Reading, MA 01867 Stephen A. Goldy, Chairman Ben Tafoya, V. Chairman James E. Bonazoll, Secretary Camille W. Anthony Richard W. Schubert BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us NOTICE OF MEETING -BOARD OF SELECTMEN DATE: June 23, 2009 CALL TO ORDER: 7:00 p.m. PLACE: Selectmen's Meeting Room 16 Lowell Street, Reading, Massachusetts 1) Executive Session 7:00 a. Labor Negotiations .2) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's/Assistant Town Manager's Report 3) Proclamations/Certificates of Appreciation 4) Personnel & Appointments 7:35 a. Board of Appeals o b. Telecommunications & Technology Advisory Committee ca= c. Animal Control Appeals Committee U j __j d. Audit Committee El C'' C3 Cr e. Board of Registrars f. Celebration Committee o 1-.- u 9- Commissioners of Trust Funds cc a h. Cultural Council i. Economic Development Committee j. Human Relations Advisory Committee 5) Discussion/Action Items a. Board of Selectmen Reorganization 7:30 b. Presentation on Fall Street Faire 8:00 C. Hearing - Policy on use of sidewalks 8:30 d. Review Proposed Amendments to Liquor License 8:45 Policy 6) Approval of Minutes a. June 9, 2009 7) Licenses, Permits and Approvals 8) Correspondence copy a. E-mail dated June 17, 2009 from.Chief Jim Cormier to Comcast, Verizon re: Level 3 sex offender 8) Correspondence (Continued) b. E-mail dated June 15, 2009 from Karl Weld, Town Meeting Member to BOS re: Compensation Hearing on June 1 Ph C. E-mail dated June 17, 2009 from Abigail McCabe to Peter Hechenbleikner re: RFQ - Historical d. Draft Report - September 15, 2008 - Reading Public Library, Library Building Assessment by Adams & Smith LLC Architects/Consultants e. E-mail dated June 16, 2009 from Deborah Jackson to Peter Hechenbleikner re: Jacob Way Note: This Agenda has been prepared in advance and does not necessarily include all matters which may be taken up at this meeting. OFJ? Town of Reading 16 Lowell Street c~0 A wq ,63s'INCORQp4P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: June 19, 2009 RE: Agenda - June 23, 2009 We are producing and sending this packet electronically, and will put it on the website on Monday. Anything that goes on the website will be without Executive Session background. 5a) Board of Selectmen Reorganization - The Board traditionally reorganizes at the beginning of the last meeting of the fiscal year. The positions will be for Chairman, Vice Chairman, and Secretary. We will include with this material a blank Liaison Assignment list and the Board historically will express to the Chairman their preference, and the Chairman will establish the assignments at the first meeting in July. 4) Appointments - You have a number of Boards, Committees and Commissions appointments. If the Board has no objection, we will prepare the motion the same way we did for the last meeting. The process would be to interview any applicants who are present and make decisions on those Boards, Committees and Commissions following their interviews. Any remaining positions can be done as a blanket motion. 5b) Presentation on Fall Street Faire - Representatives of the Fall Street Faire Committee will be in to make a presentation to the Board of Selectmen on what their ideas are to date. This will not be the final outline - it is still evolving. 5c) Hearing - Policv on Use of Sidewalks - Attached is the draft policy on the use of sidewalks for outdoor dining. One issue that is "open" is whether or not alcohol will be allowed to be served on the public sidewalk. Attached is a copy of the regulations from the Alcoholic Beverages Control Commission for instances where alcohol is to be served on sidewalks or other outdoor areas. We are copying the Chamber of Commerce on this material. 5d) Review Probosed Amendments to Liauor License Policv - The Board had previously reviewed a draft. You asked for two items of additional information: 1. What are the current hours, etc. for clubs? We have responses from three clubs and Paula has included these in a chart. 2. What is the fee structure that other communities use particularly with regard to all alcoholic licenses for smaller restaurants? Paula has developed a chart with responses that we have received. It is clear from these responses that communities charge the same for all alcoholic licenses regardless of the number of seats. Following Selectmen direction on this matter, we will make changes to the draft policy and then schedule this for a public hearing at the July 14 meeting. Again, we have copied the Chamber of Commerce on the material related to the liquor license policy, and will also copy the clubs. APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Board of Appeals Term: 3 years Term: 3 years - Associate Members Appointing Authoritv: Board of Selectmen Present Member(s) and Term(s) Robert E. Redfern John A. Jarema Jeffrey D. Perkins Clark W. Petschek John Miles Peter Tedesco (Associate) Vacancy (Associate) Candidates: Damase Caouette 54 Prospect St. 797 Main Street 1 Coolidge Road 659 Haverhill Street 532 West Street 15 Intervale Terrace "Indicates Associate member seeking appointment as full member Orig. Date (01) (78) (08) (06) (06) (03) 1 Vacancv Term Exp 2012 2010 2002 2011 2011 2010 2011 qa, BOARD OF APPEALS Term Three years Appointine Authority, Board of Selectmen Number of Members Five Members and two Associate Members appointed so that the term of one member and one associate member shall expire each year. Meetines Twice a month on the first and third Thursday. Authoritv Reading Zoning By-Law, Section 7.4; "The Zoning Act" of the. Commonwealth of Massachusetts, Chapter 40A, Section 12 of the General Laws and other applicable provisions of the Massachusetts General Laws. Purpose To hear and decide appeals from any decisions of the Building Inspector; to hear and decide applications for special permits as authorized by the Reading Zoning By-Laws; to hear and decide petitions for variances as authorized by the Reading Zoning By-Laws; to hear and decide applications seeking authorization and a Comprehensive Permit to build low and moderate income housing contemplated by GL c. 40B, Sec. 21; to hear and decide upon all matters otherwise legally. coming under the jurisdiction of the Board of Appeals. 49-, -?1-11 RE p,p1t~ b APPLICATION FOR APPOINTMENT TO .BOARDS/COWWTEES/!C0 S e44Gl,6-7 Tr jWOX,rr Name JQg ~U rf! J ~ D : ate: (Last) (First) (Middle) ' Address: TeL (Home) T7 Tel. (Work) (Is this number listed?) yZ.r + Occupation: # ofyears in Reading: 171 Are you a registered voter in Reading? rrz/ e-mail address: G' y l~!/c i r~ Efl ~'GJ„4L?~~ Ali Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Animal Control Appeals Committee Economic Development Committee Aquatics Advisory Board Finance Committee Audit Committee Historical Commission Board of Appeals Housing Authority Board of Cemetery Trustees -Human Relations Advisory Committee Board of Health -Land Bank Committee -Board of Registrars MBTA Advisory Committee Bylaw Committee Metropolitan Area Planning Council Celebration Committee Mystic Valley Elder Services Cities for Climate Protection Recreation Committee Commissioner of Tnist Funds RMLD Citizens Advisory Board -Community Planning & Development Comm. -Telecommunications and Technology -Conservation Commission Advisory Committee -Constable Town Forest Committee Contributory Retirement Board - Trails Committee -Council on Aging West Street Historic District Commission -Cultural Council Other Custodian of Soldiers' & Sailors' Graves - Please outline relevant experience for the position(s) sought: Yi -,c e, r l jer APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Telecommunications and TechnoloLiv Advisorv Committee Term: 3 years 1 Vacancv Appointing Authority Board of Selectmen Present Member(s) and Term(s) Douglas Cowell *Bill Cowie Benjamin T. Ream Robert Ferrari Scott A Busnach Orig. Term Date Exp. 958 Main Street (99) 2011 110 Van Norden Rd. (05) 2009 972 Main Street (04) 2010 20 Crosby Road (09) 2010 29 Gavin Circle (08) 2011 Candidates: Philip Santoro Timothy McGibbon *Indicates incumbents seeking reappointment y Reading Telecommunications and Technology Advisorv Committee Term Three years Annointing Authoritv Board of Selectmen Number of Members Five Members Meetings No less than four meetings per year Authoritv Board of Selectmen - Adopted as Cable TV Advisory Committee on 12/13/94; amended as Reading Telecommunications and Technology Advisory Committee on June 11, 2002 Purpose To advise the Board of Selectmen on matters of policy related but not limited to the installation, financing, siting, management, and monitoring of Cable Television, Internet Access, Wireless Internet Access, Cellular and/or Digital telephone service, and any other emergent technology designed for the same or similar purposes for use within the Town of Reading. Advise the Board of Selectmen on all matters related to the existing Cable TV license, and any subsequent renewals of the license: hold an annual compliance hearing and monitor the on-going compliance of the current Cable TV licensee with the requirements of the Cable TV contract within the limits of Massachusetts General Laws, Chapter 166A and the License; e work in conjunction with the company and the local access corporation in governing the use of the public access channel in the Town of Reading; and s ensure the coordination of activities of other public organizations and private organizations concerning the use and development of cable programming; ® have the responsibility to monitor all aspects of the cable television system in the Town of Reading within the limits of Massachusetts General Laws, Chapter 166A and the license. 4 4 APPLICATION FOR APPOINTMENT TO BOARDS/COADMTEES/COMMISSIONS Name: Santoro Philip G. Date: April 7, 2009 (Last) (First) (Middle) Address: 15 Autumn Lane Tel. (Home) 781-942-1750 Tel. (Work)617-743-4760 (Is this number listed?)_yP, Occupation: Media Relation-, Mstiager_far Verizon # of years in Reading: 5 Yes v-santoro l (i~verizon.net Are you a registered voter in Reading? e-mail address: Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) -Animal Control Appeals Committee _Aquatics Advisory Board Audit Committee -Board of Appeals -Board of Cemetery Trustees -Board of Health Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection -Commissioner of Trust Funds ,Community Planning & Development Comm. Conservation Commission Constable -Contributory Retirement Board Council on Aging -Cultural Council Custodian of Soldiers' & Sailors' Graves -Economic Development Committee -Finance Committee Historical Commission Housing Authority _Human Relations Advisory Committee Land Bank Committee V1BTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee Town Forest Committee Trails Committee West Street Historic District Commission Other Please outline relevant experience for the position(s) sought:. 8 t co tit w I am the New England media relations manager for Verizon. I have 15 years of experience in the telecommunications industry, including substantial knowledge of cable TV, broadband, and telephony services. I am also a long-time cable TV subscriber, first as a Comcast customer and now with Verizon. As a consumer and an industry employee, I can offer the board a unique perspective as someone who can see both sides of the issues facing the board. I am very interested in developing strategies to improve and enhance the offerings of our local cable programming, taking advantage of my industry knowledge and contacts that can help RCTV grow into its potential as a vibrant source of community information. q 1-3 APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name: Date: ~-1.0 6- (Last) (First) (Middle) Address:,;? C 3Qtp-~cwv+ sire,& Tel. (Home) 9ti(a- o~ 50~ Tel. .(Work) ~S)- 30$i3 (Is this number listed?) ,2 = NO Occupation: 'IvvVeS4,,CA+i',~ # of years in Reading: q Are you a registered voter in Reading? Yg5 e-mail address: -Tmc 6;b~jcc„ L SD ~v) , 5*k I rvmq . V S Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Animal Control Appeals Committee Aquatics Advisory Board Audit Committee Board of Appeals Board of Cemetery Trustees . Board of Health Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizens Advisory Board I Telecommunications and Technology Advisory Committee Town Forest Committee Trails Committee West Street Historic District Commission Other 8 Please outline relevant experience for the position(s) sought: s.~ See- Ajinc\,PcA eSv'm~ . W W -.O q,tLf, .Timothy M. McGibbon 26 Belmont Street, Reading, MA 01867 Phone: 781-942-2503 Email: tmcgibbon@gmail. com Cell: 781-727-3202 Education & Training: Fisher College: Boston, MA, Criminal Justice Associates Degree, 2009 Clark University: Computer Career Institute, Windows 2000 Networking (360 hours), GPA 4.0, 11/27/00 Global School of Investigation: Certificate in Private Investigations N.R.A. Certified Instructor: Pistol, Rifle, Shotgun, Personal Protection, Home Firearm Safety U.S. Department of Homeland Security - Certified LEO Flying Armed Guidance Software - Certified Computer Forensic Examiner Middlesex Sheriffs Office: Middlesex Deputy Sheriff - 6 years, Computer Forensic Examiner and Investigator - 3 years, Special Deputy U.S. Marshal - 3 years, Worcester Deputy Sheriff - 2 years. I am a certified EnCase computer forensic examiner (EnCE). I have received specialized training in computer crime investigations & computer forensics from: Federal Bureau of Investigations Computer Analysis Response Team (FBI-CART) U.S. Department of Justice (DOJ) 7J.S. Secret Service Network Intrusion and Response (tJSSS-NITRO) nmigration and Customs Enforcement (ICE) Northeastern Massachusetts Law Enforcement Council (NEMLEC) Computer Crime Unit Massachusetts State Police (MSP) International Information Systems Forensic Association (IISFA) Nominated for executive board member seat (November 2008) High Technology Crime Investigation Association (HTCIA) National White Collar Crime Center (NW3C) National Center for Missing and Exploited Children (NCMEC) Reed School of Interview and Interrogation InfoSecure Solutions Access Data Guidance Software (EnCase) Microsoft Corporation Direct membership with the following regional and national task forces: U.S. Secret Service New England Electronic Crimes Task Force (USSS-NET) Financial Organized Crime 'T'ask Force (FOC TF) Internet Crimes Against Children Task Force I AC Regional Electronic computer Crime Task Force WACT) I have been member of the Middlesex Sheriffs Special Operation Unit Mobile Community Command Center for 5 years. I have attended the basic police academy and have received numerous in-service training from the Middlesex Sheriff s Office. 1 have been assigned full-time to the NEMLEC Computer Crime Unit since January of 2006 supporting 48 Police departments and 2 Sheriff Office's. I have participated in numerous computer crime investigations, computer/cell/pda/video forensic examinations, search, arrest warrants and Grand Jury testimony since my assignment to the NEMLEC CCU, located at the Medford Police Department. q-L5 ummary of abilities: Computer Forensics and Investigations Video Forensic Cell Phone / PDA Forensics EnCase, FTK, Paraben, Net Analysis, Image Scan, Data Lifter Pro, Gargoyle, Live Wire and various other forensic software applications. Microsoft 95-Vista Microsoft Office Suite Mac Linux Deputy Sheriff / Tactical Response Team 08-2002 - 2005 Massachusetts Middlesex Sheriffs Office Cambridge, MA 1.617.494.4410 Assists with the supervision, security, and conduct of inmates at the Middlesex County Jail Facility; processes the booking and discharging inmates; issues clothing and supplies to new inmates; arranges for inmate transportation, if necessary; develops and maintains inmate and Facility records; promotes acceptable attitudes and behaviors of inmates to assist them in adjusting to a confinement setting; receives and maintains the personal property of inmates; returns or sends personal property to inmates upon discharge; searching inmates for contraband, weapons, or use of narcotics; classifies incoming inmates and place them in proper cells; conducts head counts; checks work areas to insure that inmates are working on assigned projects; sees that cells, facilities, and ,grounds are kept sanitary; assists with the search of cells and other areas for contraband; maintains discipline among inmates; opens and censors incoming mail; responds to inquiries regarding inmate detention and Jail Facility policies within the constraints of Department regulations; learns to operate equipment and utilize teletype communications; testifies in court and before disciplinary boards; investigate crimes and incidents within the Facility; supervises inmates and visitors during visiting hours. Check all incoming and outgoing inmates for warrants/restraining orders/citizenship status. TRT training: special weapons and tactics for the purpose of handling high risk situations involving barricaded subjects, hostage takers, and other crisis situations inside and outside the facility. Responsible for updating and maintaining www.MiddlesexSheriff.com. Assisted the Public Information Officer in regards to press releases, press conferences, developing brochures, attended numerous recruitment drives. Documented and developed training academy videos of new recruit classes. Technical Support Engineer 2001- 2002 Parametric Technology Corp 1.781.370.5000 Needham, MA Provide technical support to 33,000 worldwide customers for the Installation and Configuration in regards to MCAD (Client/Server) software, Pro/ENGINEER and Flexlm. Identifying and resolving networking and hardware issues on several different platforms and environments. Responsible for re-developing and maintaining the division's intranet web site. Responsible for the updating of technical information for the Installation and Configuration division on PTC.com. Developing and updating technical documentation for Windows 2000. Discover and submit Software Performance Reports. Beta testing and reporting. Developed .nd conducted internal training classes. Teaching Assistant 2000-2001 Clark University 1.800.568.1776 Woburn, MA Assist a Windows 2000 Microsoft Certified Trainer in the delivery of Microsoft's Official Windows 2000 course curriculum, labs and provide individualized student assistance and tutoring. Set up a Windows NT 4.0 network environment and migrated it to Windows 2000. Technical Training Representative (New England) 2000-2001 Sony 1.858.942.7714 San Diego, CA Educated and trained retail and on-line store managers and sales associates on the various SONY VAIO (P.C. and Notebooks) products line. Corporations trained: CompUSA, Best Buy, Circuit City, Warehouse.com, PCConnection.com. Conducted both formal and informal training sessions to both large and small audiences. Attended various special events and trades shows throughout the country. Partner/Project Manager `999-2000 PivotNet, Inc. Out of business Melrose, MA Lead the planning, organization, staffing, directing and controlling the production of web/applications development, graphic design and marketing. Assisted in the planning and implementation of the network infrastructure of a small sized business office. Partner/Internet Division 1997-1999 G.I..Ioes, Inc. 1.781.322.8600 Malden, MA Responsible for maintaining the companies website, training, marketing, purchasing, receiving, vendor relationships, billing, cost analysis, budgeting, payroll, customer service, email list management, Internet research and managing a staff of two. Product Manager 1993-1995 Minuteman Controls Co, Inc. Wakefield, MA 1.781.245.9550 Expanded a 500,000 dollar product line to a 1.5 million-dollar German product line. Duties included all aspects of purchasing, receiving, inventory control, billing, training, inside sales, marketing, vendor elationships and managing a staff of three. L 17 Senior Technical Administrator 1989-1991 Putnam Investments Boston, MA 1.800.225.1581 Played a key role in the implementation / migration to a near paperless environment utilizing IBM's Image Plus System first in the Investment industry to go near paperless. Lead the development and training classes on the proper use of the IBM Imaging Plus System (10 million dollar pilot program). Documented and updated department standards and procedures. Generated daily operations reports to senior management detailing processing levels throughout the company. q "'t 9 - APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Animal Control Appeals Committee Anvointing, Authoritv: Board of Selectmen Present Member(s) and Term(s) John Miles 532 West Street Tina Ohlson 200 Forest Street *Susan Giacalone 9 Orchard Park Drive Candidates: *Indicates incumbents seeking reappointment 1 Vacancv Orig. Term Date Expires (09) 2010 (08) 2011 (09) 2009 4e,,, ANIMAL CONTROL APPEALS COMMITTEE Term Three years Apfointin2 Authoritv Board of Selectmen Number of Members Three members, all Reading residents, none of whom can be employees of the Town, appointed to three-year overlapping terms. At least one of the three members must be a dog owner. Meetings As needed Authoritv Town Meeting Purpose The Animal Control Appeals Committees shall hold public hearings and make decisions on any vicious dog declaration under Section 5.6.6 of the General Bylaws. C , APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Audit Committee Term: 3 years 1 Vacancv Auuointinp, Authoritv: Finance Committee, Board of Selectmen, School Committee, RMLD Present Member(s) and Terms(s) George Hines Andrew Grimes *Stephen Herrick Chuck Robinson Camille Anthony Phil Pacino Lisa Gibbs Candidates: 35 Grand Street 103 Oak Street 9 Dividence Road 81 Prospect Street 26 Orchard Park Drive 5 Washington St. 59 Minot Street *Indicates incumbents seeking reappointment Orig. Term Date Exp. (08), 2011 Fincom (04) 2010 Fincom (05) 2009 BOS (05) 2011 SchCom. (04) 2010 BOS (03) 2011 RMLD (04) 2012 SchCom. AUDIT COMMITTEE Term Three years Appointing Authoritv See below Number of Members Seven Members appointed for three year terms so arranged that as near an equal number of terms as possible shall expire each year. No member of the Audit Committee shall be a Town employee; however, notwithstanding the provisions of Section 3.4.6 of these Bylaws to the contrary, a Finance Committee member may be a member of the Audit Committee. Two members shall be appointed by the _ Board of Selectmen, two members shall be appointed by the School Committee, two members shall be appointed by the Finance Committee and one member shall be appointed by the Reading Municipal Light Board. Meetings As needed Authority Town Meeting - November 12, 1992, Revised 3/3/03 Purnose The Audit Committee shall recommend to the Town Manager the firm of independent auditors that is to audit and report on the financial statements issued by the Town. The Audit Committee shall review the audit plan with the independent auditors and, upon completion of the audit, meet with the independent auditors to discuss the results of the audit and the annual financial reports. The Audit Committee shall transmit a copy of the completed annual audit and report to the Board of Selectmen, the Finance Committee, the School Committee and the Reading Municipal Light Board by the end of the calendar year within which the Fiscal Year covered by the audit occurs. APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Board of ReLyistrars Term: 3 years 1 Vacancv Rpointina Authority: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp. Harry Simmons 17 Pine Ridge Road (06) 2011 *Gloria R. Hulse 107 Sanborn Lane (92) 2009 Krissandra Holmes 77 Redgate Lane (06) 2010 Julia Rodger 16 Lowell Street (09) Indef. Candidates: *Indicates incumbents seeking reappointment lq~&, I BOARD OF REGISTRARS Term Three years Appointing Authoritv Board of Selectmen Number of Members Four Members, three appointed by the Board of Selectmen and the Town Clerk as the fourth member. Two shall be members of the Republican Parry, and two shall be members of the Democratic Party. (Note: Must be a registered voter of the Town. Must have been enrolled in the political party he/she is appointed to represent for at least two years prior to appointment. Must not hold another elective office, except as a member of a Home Rule Charter Commission or as a Town Meeting Member.) Meetings As needed Authoritv Massachusetts General Laws, Chapter 51 PurAOSe To certify names on nomination papers, initiative petitions, referendum petitions, recount petitions and public policy petitions. Registration of new voters, conduct election recounts. Update and posting of voting lists and processing absentee ballot application. Oversee the annual Town census and prepare lists generated from census information. ~ 'z Z APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009. Celebration Committee Term: 3 years 1 Vacancv Anpointine Authoritv: Board of Selectmen, Moderator, Historical Commission, Library, School Committee Present Member(s) and Term(s) *Kurt Habel 832 Main Street Rita Robinson 9 Elm St. Mark Cardono 26 Boswell Road Bob McLaughlin 14 Galvin Circle Everett Blodgett 99 Prescott Street Candidates: *Indicates incumbents seeking reappointment Orig. Term Date Exp. (99) 2009 BOS (62) 2011 MOD (99) 2011 HIST (95) 2010 LIB (00) 2012 SCH CELEBRATION COMMITTEE Term Three years Appointing Authority Board of Selectmen, Town Moderator, His- torical Commission, School Committee and Library Board of Trustees Number of Members Five Meetings Authority Town Meeting, November 14, 1994. Purpose To authorize expenditure of trust funds for public celebration and for the preservation of recorded history. APPOINTMENTS TO BECOME EFFECTIVE JULY 19.2009 Commissioners of Trust Funds Term: 3 years Appointing Authoritv: Board of Selectmen Present Member(s) and Term(s) Elizabeth Klepeis, Chr. *Neil Cohen John J. Daly Camille Anthony Nancy Heffernan Candidates: 68 Tennyson Road 51 Redgate Lane 163 Woburn Street 26 Orchard Park Drive 16 Lowell Street *Indicates incumbents seeking reappointment Orig. Date (05) (0'7) (95) (05) 1 Vacancv Term Exp. 2011 2009 2010 2011 B.V.O. ~c COMMISSIONERS OF TRUST FUNDS Term . Three years ppointin2 Authority Board of Selectmen Number of Members Five Members whose terms are so arranged that one term shall expire each year. Three members appointed by Board of Selectmen, one member Board of Selectmen and one member Town Treasurer/Collector. Meetings As needed Authoritv Special Act, Chapter 82 of Acts and Resolves of Massachusetts, 1926. Amended and approved by a vote of the Town on April S, 2005. Purbose Management of all trust funds given or bequeathed for the benefit of the Town or its inhabitants. LGZ APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Cultural Council Term: 3 years (6 years maximum) 2 Vacancies Annointin2 Authoritv: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp. Lorraine Horn 99 Beaver Road (06) 2010 Susan. G. Fay 56 Grey Coach Rd. (08) 2011 Margaret E. Caouette 11 Field Pond Drive (08) 2011 Alice Armstrong 340 Summer Avenue (08) 2011 **Kathleen Kelly 36 Grove Street (03) 2009 Elizabeth Whitelam, Chr. 7 Gilmore Avenue (05) 2010 *Vicky Schubert 119 Winthrop Avenue (06) 2009 Candidate *lndidates incumbents seeking reappointment Reached 6 year maximum q,k. / CULTURAL COUNCIL Term Three years Appointing Authoritv Board of Selectmen Number of Members Seven Members to be appointed to no more than two consecutive terms Meetings Held monthly Authority January 1, 1987 revision of the Massachusetts Arts Lottery Council Guidelines consistent with the Town of Reading Charter and applicable Bylaws. The Cultural Council is established by Chapter 10, Section 58, of the Public Laws. Pursuant to this law, no elected or other official may serve on the Cultural Council. Purpose The Reading Cultural Council is the local agent for the distribution, receipt and evaluation of applications for funds from the Massachusetts Cultural Council. It will also act to serve as a resource for the dissemination of information as well as to encourage activities related to furthering and stimulating interest for the ' arts in the community. L /i APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Economic Development Committee 1 Associate Annointinz Authority: Board of Selectmen Present Member(s) and Term(s) Sheila Clarke, V. Chr. Russell T. Graham Meghan A. Young-Tafoya, Chr. George Rio Michele R. Williams John Russell (Associate) *Sharon Petersen (Associate) Michelle Ferullo (Associate) Kara Fratto (Associate) Orig. Term Date Expires 536 Haverhill St. (06) 2011 68 Maple Ridge Rd. (06) 2011 40 Oak Street (06) 2010 11 Estate Lane (08) 2012 31 Melbourne Ave. (07) 2010 91 Spruce Road (06) 2010 25 Holly Road (08) 2009 46 Howard Street (08) 2010 58 Oak Street (09) 2010 Candidates: *Indicates incumbents seeking reappointment q'U I f ECONOMIC DEVELOPMENT COMMITTEE Term Appointing Authority Number of Members Meetings Three years Board of Selectmen Five members appointed for three year terms so arranged that as near an equal number of terms as possible shall expire each year. As needed Purpose Develop an Economic Development Strategy consistent with the Master Plan and goals and objectives established by the Board of Selectmen. Work with staff to obtain State and Federal economic developmental grants. Explore the need for and legality of forming a "property based" and/or "business based" Business Improvement District(s) funded by Assessments on all businesses within the individual district(s). Encourage commercial development and office leases of downtown space consistent with the traditional atmosphere of a New England Village Center. Advise the Board of Selectmen, CPDC and any other Town agency or official on matters related to* economic development in the community. Maintain an ongoing dialogue with business owners and owners of major properties on a pro-active basis to understand how the Town can work with them to achieve their plans. y L~ ~ L J(, APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Human Relations Advisorv Committee Term: 3 years 2 Vacancies & Appointing Authoritv: Board of Selectmen 2 Associates Orig. Term Present Member(s) and Term(s) Date Exp. Margaret Soli 19 James Road (01) 2011 **Paul Kelley 56 Sunnyside Avenue (01) 2009 *Charles McDonald (BOS) 41 Canterbury Drive (03) 2009 Lori Hodin 385 Summer Avenue (07) 2010 Nancy M. Najmi 65 Marla Lane (04) 2010 Karen Janowski (School Com.) 30 Azalea Circle (08) 2011 James. Cormier (Police) 15 Union Street (05) 2010 **Randall Jones (Assoc.) 1 Cross Street (07) 2009 *Monique Pillow Gnanaratnam (Asso) 873 Main Street (08) 2009 Candidates: *Indicates incumbents seeking reappointment * * No response I. HUMAN RELATIONS ADVISORY COMMITTEE Term Three Years Annointing Authoritv Board of Selectmen Number of Members Seven Members - one member shall be a member of the Board of Selectmen or designee; one member shall be the Chief of Police or his/her designee; one member shall be designated by the School Committee; the remaining four shall be a diverse group to the extent possible Meetinus Monthly on the second Thursday of the month Authoritv Board of Selectmen Purpose The Human Relations Advisory Committee shall: ♦ Engage in out reach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; ♦ Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; ♦ Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; and ♦ Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community and sponsor educational programs and the celebrations of events for that purpose. 49 2~, SELECTMEN'S LIAISON ASSIGNMENTS - FYI 0 Accounting Department Community Services Department ➢ Board of Appeals ➢ Cities for Climate Protection Program Committee Community Planning and Development Commission / MAPC ➢ Conservation Commission ➢ Economic Development Committee ➢ Historical Commission ➢ Board of Health ➢ Constable ➢ Council on Aging / Mystic Valley Elder Services ➢ Trails Committee Finance Department ' ➢ Board of Registrars ➢ Trust Fund Commissioners ➢ Board of Assessors ➢ Reading Telecommunications and Technology Advisory Committee (T-TAC) ➢ Finance Committee I ➢ Land Bank Committee Housing Authority Library Department ➢ Cultural Council Department of Public Safety ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fine Department Department of Public Works ➢ Board of Cemetery Trustees ➢ MWRA ➢ Town Forest Committee ➢ Recreation Committee ➢ Downtown Steering Committee Reading Municipal Light Department School Department 6'~~ 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. Tuesday, June 23, 2009 at 8:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on the proposed regulations for "licenses for uti- lizing public sidewalks for out- door dining.". A copy of the documents regarding this topic are avail- able in the.Town, Manager's Office, 16 Lowell Street, Reading, MA from 8:30 a.m. - 5:00 p.m., M-F . and are attached to the hearing notice on the website at www.reading ma.gov All interested parties may appear in person, may submit their comments in writing, or by email to townmanaaer Oci. read ina.ma.us. By order of Peter I. Hechenbleikner Town Manager 6/16 , ^ P DRAFT Section 3.10 -Licenses for Utilizing Public Sidewalks for Outdoor Dining 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...." . The following regulations shall apply for Outdoor Dining Licenses; Application 1. 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. 2. 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. 3. 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. 4. Outdoor Dining Licenses shall be issued only to Inn-holders and Common Victualers for portions of public sidewalks directly abutting tier 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. 5. 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, Police Chief, Fire Chief, Town Engineer, and the Building/Zoning Inspector and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 6. 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. Sale and Service of Alcoholic Beverages Prohibited 7. It is the policy of the Board of Selectmen that Alcoholic Beverages cannot be served on public property. Nor may a patron bring his/her own alcohol to be consumed on a s~~ premise licensed for Outdoor Dining. Therefore, an Outdoor Dining License shall not be construed as nor shall it permit an alteration or extension of premises where alcoholic beverages are served. The serving or consumption of alcohol on any public property that is the subject of an Outdoor Dining License is expressly forbidden. Applicants who hold an alcoholic beverages license shall provide a detailed alcohol control plan/strategy as part of their Outdoor Dining License application packet. The alcohol control plan shall include what steps the manager shall take to ensure alcohol remains only on the licensed premises and not in the sidewalk area, including signage, staff instructions, monitoring of the outdoor dining area, etc. The applicant shall also submit the TIPS or alcohol server training certificates for all managers and servers as part of the application packet. 8. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an outdoor dining area will not be considered an increase in the number of seats serving a restaurant or eating establishment and will not be counted toward any off-street parking requirement Standards for Oueration 9. Outdoor dining areas shall be considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to any other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 10. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business. 11. Outdoor dining areas containing nine or more seats shall be separated from their surroundings by a perimeter fence or barrier. No such fences or barriers may damage the public sidewalk. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. All trash receptacles shall be covered and trash removed nightly. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. 12. In no event shall the placement of outdoor dining furniture, umbrellas, perimeter fences or barriers create a pedestrian or wheelchair passage width of less than four feet. Restaurants shall have an accessible path of travel through the dining area at least 36 inches wide. 13. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 14. 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 15 of each year. 15. 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 15 of each year. 16. Within the period from April 15 to October 15, upon notification from the Department of Public Works of from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor 5-c3 ' dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. Administrative Requirements 17. 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. 18. 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. 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. 19. 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. 20. The license fee shall be $100 per year and shall be payable upon initial application for an Outdoor Dining License, and for annual renewal of the license. In granting a License, the Board of Selectmen may impose such additional conditions as it determines to be appropriate. Adopted -1-109 Town of Reading APPLICATION FOR OUTDOOR DINING ON PUBLIC SIDEWALKS Applications Need to be submitted at least 30 days prior to the commencement of outdoor seating Outdoor sidewalk seating permitted April 15 - October 15 Licenses must be renewed yearly 1. Business ADDlicant Business Name & Address Business Owner Business Manager Contact information (mailing address, phone number, email address) 2. Buildina Owner Contact information (name, mailing address, phone number, email address) 3. Do you possess a current Town of Reading Common Victualers license? YES NO 4. Do you possess a current License for Sale of Alcoholic Beverages? YES NO If yes, alcohol may NOT be served at the outdoor sidewalk seating. Further, you will need to submit a plan/strategy for control of alcohol consumption at sidewalk seating. (turn over to continue application) St-51 5. Have you had a license revoked, suspended or been fined by the Town of Reading or the Commonwealth: of Massachusetts within the past 12 months? YES NO If yes, please explain: 6. (a) Current indoor seating capacity (b) Proposed seating capacity for sidewalk seating: 7. Days and Hours of operation: I attest that I have read and understand the Town of Reading Regulations for Outdoor Dining Licenses utilizing Public Sidewalks and agree to uphold these regulations. Applicant Date CHECKLIST FOR APPLICATION Signed application form Proof of Business Ownership Copy of Town of Reading issued Common Victualers license If premises are leased, copy of lease or written permission by building owner £ Permit to Operate a Food Service Establishment issued by the Reading Board of Health £ Professionally drawn plan and all supporting documents containing the information required in order to make a decision as to the license and shall also include a plan for outdoor lighting if any is proposed £ If applicant business possesses an Alcohol License -TIPS or alcohol server training certificates for all managers and servers - Alcohol control plan including mangers plan to ensure alcohol remains only on the licensed premises and not in the sidewalk area Two photos of location where sidewalk seating will be placed in relation to establishment 3:- Non-refundable yearly application fee of $100 payable to Town of Reading CHECKLIST AFTER APPROVAL OF APPLICATION £ Certificate of Insurance naming Town of Reading as additional insured Final Photograph of approved sidewalk seating Submit applications to: Office of the Town Manager 16 Lowell Street Reading MA 01867 ABCC LICENSING PAGE 02/02 05/28/2009 11:14 6177271258 64M ~y .~_.y^~~c~f ~iaf~cl+z~~fr,,r;1,l~,..'~~r.~lrix"rir~.:~►,~wrrrr..~~~1 ~~rs~fr.~ " rccEa~,~n,~ 72#•3cuo (MIDELMS FOR EXTEfSIoff •oF pMI6gS TO PATIOS d oUTL' ooR ApzAs Alcoholic beverages cannot be served outside a licensed establishment unless and until an application to extend- the licensed premises has been, approved. 2. An application to extend the premises must describe the area. *in detail.- dimensions, number of tables and chairs, occupancy figures for inside area and outside area., bars, if any, etc. 3. It is essential that tlle' licensee have control of t1,P area , i.n order. to Preclude, service to ul7dera4 arsons,., to intoxicated persons etc. 'the premises must be enclosed by a fence, rope or other means to prevent patrons or mem4,ers of the public'" from wander:.ng in and out. ' 4. The outdoor area must, be 'contiguous to the l.icens•ed premises and the licensee should have a vievL, gf the outside premises from inside, Egress from the inside- to the outside mush' `be c e"a"rol,y estabjAshed, This will assure sate, uni.n;terrqpted service of alcoholic beverages. 5. The outdoor area must have adequate exits in case of emergency. 6. Thy t i in _auT~_ y s should. consider the pe of neighborhood and the potential fOr noise in the environs. 7. Zy e- d are outdoor areas where alcohol is served to patrons who are seated at tables and where food is also avai. labl eq August 22nd, ),989 EPH/dg Sc7, Club Survey Do you have a function hall separate from the remainder of the club? Meadowbrook - no Knights of Columbus - yes VFW - no 2. How often is it rented out? Meadowbrook - 2 or 3 times per month Knights of Columbus - 8 -10 times per year 3. Do you rent out the function hall or the club to non-members of the club? Meadowbrook -Yes, if member sponsored Knights of Columbus - Upstairs function hail is for member or nonmembers 4. What are the hours that it is rented? - what is the latest hour that patrons are at the function hall? Meadowbrook - Sometimes for afternoon functions, sometimes for evening functions Knights of Columbus - 6 p.m. -12:30 a.m. - we need time to get them out and clean up 5. How late is the "non-function hall" portion of the club operated? Any exceptions? Meadowbrook - Normally until midnight with very few exceptions VFW - Thursday, Friday, Saturday -12:00 -12:30 a:m. Sunday, Monday, Tuesday, Wednesday - until 6:00 p.m. On Tuesday from Sept. - Dec. 31St - until 12:30 a.m. On Tuesday from Feb. - May 31St - until 12:30 a.m. Exceptions - if busy 1:00 a.m. I ~G- of y~ Joi Y~ /Peacrng o~ oo~ oa~a IV _ 1 500 $3,400 $3, $2500 $41604 $3,000 Q~ Q NIA Survey 2049 500 $2,764 $4,225 NIA uoC Fee , $3 540 ~ $3,d00 ~ $2' ~ $4,600 $2 tLiq $4,000 ' $2,504 ,450. ` t 100 Seats $4,540 C $3"300 ~ l N!A t . _ $2500 estauran $2,500 t $1,500 All Alcohol R $2,764 NIA $2,800 } $,,y500 $2 250 -J. $2,200 less than 100 $4001 ~ $3'0()() $1,875 t $2,500 . eStaurant $1,500 $2,000 1 Alcohol R $1,728 $1050 All Al t $1,204 1 $2,500 } $2,500 l $2,540 f: seats _ 2, 5fl0 $50d $1,750 $ NIA ; $1 500 ,800 t $2,592 $2,000 $350 W tpe(Niatt Restaurant less than 100 $1 $Q,OOd ~ $2,500 ~-$1250 $2,500 S $1,555 $510 } seats $2,000 v 1 dd 1 $1,000 A 'fraternal $2,8 packag° Store $2,0,~ $1,000 1 clubs pubs l , 1 J ARTICLE 3 -LICENSES Section 3:2 - Liquor License Policv This policy shall apply to all premises licensed for the sale and/or consumption of alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regulations applies to which type of license: CateLyorv 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 Retail Package Goods Store License for All Kinds of Alcoholic Beverages X not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of X X Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep X X for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and X X Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds X of Alcoholic Beverages to be Drunk on the Premises Special Licenses X X X X X Amendments - Changes to this policy may be made by majority vote of the Board of Selectmen and shall be discussed at a public meeting. Notice of any change in policy shall be made to all licensees in a timely manner. X X X S43, 3-1 Board of Selectmen Policies 3.2.1- General Requirements for All Licensed Establishments 3.2.1.1- Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. 3.2.1.2 - Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 - Inspection The licensed premises shall be subject to inspection by the Police, the Licensing Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 3.2.1.4 - Advertisements No advertising matter, screen, curtain or other obstruction, which prevents a clear view of the interior of the premises, shall be maintained in or on any window or door. 3.2.1.5 - Automatic Amusement Devices No establishment licensed for the on-premises or off-premises sale or consumption of alcohol shall permit the use of any automatic amusement device or electronic game as defined by M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of Selectmen. 3.2.1.6 - Dutv to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. Thereafter, the licensee will continuously operate the premises in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority. Such revocation shall only be done following a public hearing. Upon application by the licensee, the Licensing Authority may waive this abandomnent provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.1.7 - Establishment of Written Policies Licensees shall establish written policies regarding the sale or service of alcoholic beverages based upon the requirements of the regulations of the Alcoholic Beverages Control Commission, these regulations, and any other conditions placed on the license. "~i 1 4 3-2 Board of Selectmen Policies 3.2.1.8 - Alcohol Policv for Staff While Servin,2 No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty. No Manager, Alternate Manager or employee shall consume any alcoholic beverages after the official closing hour per MGL, Chapter 138, Section 12. and Section 15. 3.2.1.9 - Alcohol Management or Server Trainins. Licensees, Managers and principal representatives of licensed establishments are required to successfully complete an alcohol management or server training course (depending on the type of license) approved by the Liquor Liability Joint Underwriting Association of Massachusetts at the time of issuance of the license. Servers of alcoholic beverages shall be required to successfully complete a server training course approved by the Hospitality Mutual Insurance Company (or any training course reviewed by and approved by the Licensing Authority) within three (3) months of becoming employed in a position where they are serving alcohol to customers. There must be a certified employee on the premises at all times. All persons required to successfully complete an alcohol management or server training course must be successfully retrained prior to the end of the certification period. The licensee shall certify annually to the Licensing Authority at the time of renewal of the license that the licensee, Manager, and all employees meet this requirement. Certificates shall be kept on file and available for inspection upon request 3.2.1.10 - Liquor Liabilitv Insurance Requirement Licensees are required to have, or otherwise provide, liquor liability insurance in the minimum amount determined from time to time by the Licensing Authority. This requirement is applicable regardless of whether the licensee rents, or otherwise provides the licensed premises to a third party. Limited exceptions to this requirement may be granted by the Licensing Authority for reasons of hardship or upon adequate proof of inability to obtain the required insurance. There is no right to an exception, and the Licensing Authority is not required to grant such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. 3.2.1.11- Staffing Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor beverage sales and consumption. 3.2.1.12 -Supervision - Presence The licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license, and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative --5- te~( I 3 -3 Board of Selectmen Policies shall first:have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. 3.2.1.13 - Dutv to Keep Order No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore whether present or not. There shall be no indecent or immoral entertainment on the licensed premises. 3.2.1.14 - Proof of Age The Licensee, Manager, principal representative, bartender and waitress/waiter shall refuse to serve any patron under the age of twenty-one (21). When in doubt of age, they shall require the showing of an identification card or license in accordance with Chapter 138, Section 34B of the General Laws. 3.2.1.15 - Minimum Ate of Emplovee or Server No employee of any licensed establishment who is serving, clearing or otherwise handling alcoholic beverages shall be under the age of 18. 3.2.1.16 - Prohibition of Brin,2ine Alcoholic Beveraues onto the Premises There shall be no alcoholic beverages brought onto the premises of a licensed establishment except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts. 3.2.1.17 - Information Re2ardin2 the Alleged Service of Alcohol Prior to Violation for Driving Under the Influence of IntoxicatinLy Liquors Upon the receipt of a letter from the Office of the Attorney General or the Middlesex District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or, any other statute, or any other notice regarding the alleged service or sale of alcohol to an individual who is subsequently convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or enters a disposition under Section 24D of Chapter 90, the Licensing Authority: ♦ Shall forward a copy of the letter to the licensee cited, along with a copy of these rules and regulations. e May request that the licensee appear before the Licensing Authority to respond to the allegation. Upon the receipt of two or more letters in a two-year period, the licensee shall be required to appear before the Licensing Authority to respond to the allegations. Any disciplinary action taken by the Licensing Authority shall be taken in accordance with the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to allow for a finding that a licensee has committed a violation. sd~ 3-4 Board of Selectmen Policies 3.2.1.18 - Dutv to Report an Attempt to Purchase by a Minor The licensee shall be required to report to the Reading Police Department any time a person attempts to purchase alcohol while being underage, or attempts to use an altered or forged identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately report to the Reading Police Department any time they suspect an adult is purchasing alcohol for a minor. These infractions must be reported even when the incident takes place off premises, such as for home deliveries. Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. 3.2.1.19 - Liouor License Fees The following fees are established for each calendar year for the categories of license available in the Town of Reading: Catesorv Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 2007 2008 2009 2010 $2000 $2100 $2200 $2300 $3200 $3300 $3400 $3500 $3000 $3050 $2400 $2400 $2450 $2500 $1000 $1000 $1050 $1100 3.2.1.20 - Hours of Operation The following shall be the hours of operation for premises licensed for sale and/or service of alcoholic beverages by the Town of Reading: Cate,2orv Hours of Operation Exceptions Retail Package Goods Store 8:00 a.m. to 11:00 p.m., except 8:00 See Sunday Sales in License for All Kinds of a.m. to 11:30 p.m. the day before a Section 3.2.1.21 below Alcoholic Beverages not to be holiday Drunk on the Premises 3-5 Board of Selectmen Policie_,,,,., Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Restaurant License to Expose, Keep for. Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 11:00 a.m. to 12:00 midnight Monday through Saturday, and 12:00 noon to 12:00 midnight on Sundays 11:00 a.m. to 12:00 midnight Monday through Saturday, and 12:00 noon to 12:00 midnight on Sundays vv 11.00 a.m. to 11:00 p.m. Monday tkough Satffday, and 1100 nee to 1! *;00 en-11:00 a.m. to 12:00 midnight Monday through Saturday, and 12:00 noon to 12:00 midnight on Sundays 8:00 a.m. to 2:00 a.m. except on Sundays and legal holidays when the hours are 12:00 noon to 1:00 a.m. 3.2.1.21- Sundyv Sales for Packaze Stores Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to the following conditions: ♦ No sales may be made prior to noon on Sunday; ♦ No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday; ♦ Employees must be paid for working on Sunday at a rate not less than 1'/Z of the employees' regular rate; ♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty; o If a Section 15 licensee intends to close one day per week except Sundays, such licensee must notify the Licensing Authority of such licensee's intended hours of operation. 3.2.1.22 - Breech of Policv or Conditions For breach of any of the requirements, restrictions or conditions of this policy of license, the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the license in accordance with the law. 3-6 Board of Selectmen Policies ` 3.2.2 -Requirements for All: ® Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 seats or more), and ♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats), and ♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All licensees for the service of alcohol, whether the holder of ♦ Restaurant License - All Kinds of Alcoholic Beverages (100 or more seats) ♦ Restaurant License - All Kinds of Alcoholic Beverages (less than 100 seats) ♦ Restaurant License - Wine and Malt Beverages (less than 100 seats) shall, in addition to Section 3.2.1 of this policy, adhere to the following policies: 3.2.2.1- Advertisement No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted 3.2.2.2 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted. ♦ An establishment that has a separate and distinct take-out area may be licensed for the sale of beer and wine on the premises. ♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.2.3 - Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.2.4 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.2.5 - (:Orderly Closing Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below 3-7 Board of Selectmen Policies I G • There shall be no sale of alcoholic beverages or food after the closing hour established in the table in Section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. 9 All tables and service locations shall be cleared of alcoholic beverages within'/2 hour after the closing hour as established in the table in Section 3.2.1.20. • All customers shall be off the premises within 1 hour of the closing time as established in Section 3.2.1.20. 3.2.2.6 - Prohibition of takinL Alcoholic Beverages from the Premises - Exceptions There shall be no alcoholic beverages taken from the premises of an establishment licensed under M.G.L. c.138, §12 except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts, and with the exception of partially consumed bottles of wine which are purchased with a meal and resealed in accordance with 204 CMR 2.18 of the Regulations of the Alcoholic Beverages Control Commission. 3.2.2.7 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.2.8 Service of Alcoholic Beverages Limited to Hours that Food Services is Provided The hours during which sales of alcoholic beverages may be made in a licensed premise is further limited to the times when a full menu of food service is available. No alcoholic beverages may be sold or served in a licensed premise before food service is available, nor after the food service has been suspended. 3.2.2.9 - Service Bar In, the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served directly to the public at such service bar, and rio stools or chairs are to be placed at said service bar. -~;-j 10, 3 -8 Board of Selectmen Policies 3.2.3 - Reouirements for All: Restaurant License to Expose. Keen for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this policy: 3.2.3.1 - Minimum Seatine Requirement A license shall not be granted for an establishment having a seating capacity of less than one hundred (100) persons. No more than 15% of the seats shall be at a bar. 3-9 Board of Selectmen Policies 3.2.4 - Requirements for: Restaurant License to Expose. Keep for Sale. and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats) and Restaurant License to Expose. Keep for Sale. and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) All Restaurants Licensed to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises (less than 100 seats), and Restaurants Licensed to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) Restaurants t cc. ~ 1VV11J Va lL for- -LIZ 2 in Beverages to be Drunk an the Premier' shall adhere to the following policies in addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy: 3.2.4.1- Purpose and Intent Pursuant to a A Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number (currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats; and a Home Rule petition by the Town of Reading, approved by the General Court of the Commonwealth of Massachusetts authorized the Town of Reading to allow for All Alcoholic service within the above noted establishments with fewer than 100 seats. This legislative action was confirmed by the voters of the Town in the Election of March 24, 1998, and April 7, 2009 respectively.. This policy is established pursuant to those votes. The intent of this policy is to encourage the development and retention of smaller specialty restaurants in the Downtown area of Reading in order to enhance the economic vitality of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of the customers' dining experience. 3.2.4.2 - Maximum Seats A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than 100 customers. At its sole discretion, the Licensing Authority may allow all alcoholic service to any or all of the 5 restaurants with less than 100 seats. All seats shall be at tables there shall be no seating at a bar. 3.2.4.3 - Service Bar Only a service bar is permitted. Its function is to serve to restaurant employees who serve the customers and can be used to serve drinks to those customers waiting to dine. There will be no seats at this bar. 3.2.4.4 - Seating Requirement There shall be no service of alcohol to anyone unless they are seated at a table. s 3-10 Board of Selectmen Policies 3.2.5 - Requirements for Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1 of this policy: 3.2.5.1 - Minimum Seating Requirement There shall be no minimum seating for a club license. ^ lieense shall not be gr- for an establishmepA ha~ving a seating eapaoity of less 4ian one hundfed (100) per-sons. No more than 15% of the seats shall be at a bar. 3.2.5.2 - Advertisements No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted. 3.2.5.3 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ There is no requirement for service of food in clubs. When served, food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted. ♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.5.4 - Toilet Facilities Reauired No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.5.5 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.5.6 - Orderlv Closing # to r-- f-h I e g a 1 time f r "°I° Licensees shall ensure that patrons leave the premises in an orderly manner within the time limits established below a There shall be no sale of alcoholic beverages or food after the closing hour established in section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. 5-p3- 3- 11 Board of Selectmen Policies • All tables and service locations shall be cleared of alcoholic beverages not later than 30 minutes after the closing hour established in Section 3.2.1.20. • All customers shall be off the premises not later than one hour after the closing hour established in Section 3.2.1.20. 3.2.5.7 - Prohibition of taking Alcoholic Beverages from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment. 3.2.5.8 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.5.9 : Service Bar In the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and no stools or chairs are to be placed at said service bar. I cam" G~, 3-12 Board of Selectmen Policies 3.2.6 -Reouirements for Special Licenses under Section 14, 3.2.6.1 Special liquor licenses may be issued by the Town for commercial establishments or for non-profit organizations. 3.2.6.2 Holders of special licenses shall provide the liquor to the attendees of any event "bring your own liquor (or beer or wine)" will not be permitted. The license holder is required to comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must purchase their alcohol from a licensed Massachusetts wholesaler, in compliance with M.G.L. Chapter 138, Section 14. Alcohol may not be purchased out of state, from a caterer, or from a Section 15 package store. The Town will provide to licensees a list of licensed Massachusetts wholesalers, or the method by which a licensee may obtain such a list. 3.2.6.3 Holders of special licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees (reference 3.2.1.9). There shall be no self service of any alcoholic beverage at an event approved as a special license. 3.2.6.4 Applicants for special licenses shall provide proof of insurance to the Licensing Authority with the application for the one day license. 3.2.6.5 - Limitations A person or entity may only be issued a maximum of 30 Special Licenses in any calendar year. 3.2.6.6 - Exceptions: In the case of events held by private residents, outside of their private residence, the Licensing Authority shall not require a special license where: (1) the event is by invitation only, (2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or solicited, or (5) an entrance fee is not charged. S 3 - 13 Board of Selectmen Policies 3.2.7 - Enforcement 3.2.7.1 Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading Liquor Policies shall be subject to the following range of penalties: Offense Penaltv 15L Offense J Warning to three days suspension 2"tl Offense J Three days to six days suspension 3`a Offense J Six days to 12 days suspension 4t" Offense ( Show cause hearing for license revocation The term "Offense" is defined as one violation of Massachusetts General Law, Chapter 138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law or regulation of the Town of Reading. Examples of criteria to invoke penalties are based on the following: • Severity and type of offense Number of prior offenses The penalties are only a guide. The Licensing Authority may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or sever than that suggested by the guidelines. The penalties shall not be construed as to limit the Licensing Authority's ability, to consider alternative dispositions or further conditions on a license, or even alternative penalties (e.g. rolling back of the licensees operating hours, suspension of the 'licensee's common victuallers license, and/or suspending the licensee's entertainment license.) 3.2.7.2 - Access to Premises by Police and Aaents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location s61 S 3-14 Board of Selectmen Policies designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. 3.2.7.4 - Asents of the Licensing Authoritv The Licensing Authority hereby appoint the Chief of Police and the Police Department Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees. 3.2.7.5 - Compliance Operations The Licensing Authority shall from time to time review with the Police Chief guidelines for compliance operations by the Police Department. The Licensing Authority hereby assigns the responsibility of conducting annual inspections of liquor license holders to the Town Manager. These inspections will serve the purpose of reviewing and checking compliance with the Licensing Authority's liquor policies. Revised 2-10-09: Revised-- -09 S k-~ 3-15 Board of Selectmen Policies Board of Selectmen Meeting June 9, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille .Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Fire Chief Greg Burns, Human Resources Administrator Carol Roberts, Recreation Administrator John Feudo, Youth Representative Sarah Mulroy, Office Manager Paula Schena and the following list of interested parties: Jeffrey Struble, Gina Snyder, Bill Brown, Adam Chase, George Perry, Mary Ellen O'Neill, Trevor and Justin Young, Thomas Plano, David and Joseph Green, Thomas Gray, Cage Hamblin, Niles Singes, Quinn Marchetti, Devon Smallwood, Makena Gera, Nikki Wynns, Amelia Sellitto, Graham Boudette, Rory Fitzpatrick, Clara Long, Shaelyn Collins, Catherine Almeida, Carlson Kiliopulos, Lilly Haley, Cassie Wolfe, Gracie Godwin, Cameron MacDonnell. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Camille Anthony noted that she is working on the Fall Street Faire with Chairman Stephen Goldy. She also noted that the mural is coming along great. Selectman Richard Schubert noted that he had Office Hours tonight. One resident commented about the trash on Walkers Brook Drive, and suggested that perhaps the property owner could monitor and come up with a plan to clean up. He also noted that the fence that was put up during construction on the Market Basket side of the road probably isn't necessary anymore. Vice Chairman Ben Tafoya asked who was responsible for cleaning the basins, and the Town Manager noted that the property owner is required to clean the basin every so often. Selectman Schubert noted that Jeff Struble also carne in to speak with him regarding his instructional motion. Vice Chairman Ben Tafoya noted that he attended the CPDC Meeting and they approved the site plan for the butcher shop on Haven Street. They are scheduling a session for next Monday on 40B. He, also noted that the Selectmen will need to talk with CPDC. at some point regarding parking in the 40R zone. Youth Representative Sarah Mulroy noted that Rachel Marolda is selling bracelets for Eddie Charest and donating the money to the Heart Foundation. Selectman James Bonazoli noted that he and Sarah Mulroy also attended a teen and senior event at the Senior Center. V/ a Board of Selectmen Meeting - June 9. 2009 - Paae 2 Selectman James Bonazoli noted that he would like to charter. CPDC to fix the mix use overlay bylaw. He also requested an update on the Addison-Wesley property, and the, Town Manager noted that he would get an update from the developer. Chairman Stephen Goldy noted that there will be a brief dedication of Collins Field on June 18th at 5:30 p.m. He also noted that he will be sending a letter to Representative Brad Jones thanking him for his support in getting the Ash Street grade crossing done. Public Comment - Town Meeting Member Jeff Struble indicated that he sent an email regarding his instructional motion. He noted that the storage shed at Laurel Hill is not safe. A decision to where it will go has not been made yet. He also noted that the intent of the instructional motion was to get the building done faster. He feels that a deferral to a large building committee will prolong the process and will miss out on the bargain prices.. Selectman Camille Anthony asked where this is in the capital plan, and the Assistant Town Manager noted that it is four to five years out. Jeff Struble noted that the instructional motion was to have the plans ready to go if stimulus money becomes available. Selectman Camille Anthony noted that the new DPW Director comes on board July 1 st and he needs to be involved. Chairman Stephen Goldy noted that we already have projects that are shovel ready if the money comes along and the Selectmen can prioritize. Bill Brown noted that the Cemetery Board agrees with Jeff Struble. Town Manaeer's Report The Town Manager gave the following report: • Tennis Courts - Painting will be done the week of June 22nd weather permitting, and they should be open for play a couple of weeks later. • Collins Field rededication June 18th at Parker Middle School - 5:30 p.m. • FYI - The attorney for the property owner at 855 Main Street has requested a copy of the petition that was submitted to the Board of Selectmen at their May 19th meeting. • The Town has received a notice from the Architectural Access Board that the new crosswalk at Birch Meadow Drive and the fire access lane at Birch Meadow School is not HC compliant. A ramp on the southerly (field) side of the crosswalk will cost about $3,000. How do you want to proceed? Install the ramp or remove the crosswalk. Selectman James Bonazoli noted that there is more than one crosswalk in Town without a ramp. The Town Manager noted the other crosswalks are older and this is a new crosswalk. Selectman Camille Anthony noted that the Board needs to see a plan and the cost. a:_2" Board of Selectmen Meetino, - June 9. 2009 - Page 3 • At the PTTTF meeting, we talked about installing a stop sign on Pine Ridge Road at Oak Street, and the Safety Officer prepared the paperwork for the Board of Selectmen consideration at a hearing in June. That paperwork also went to the DPW who assumed it was a work order and installed the sign. Some neighbor(s) are unhappy and we have explained the situation to them. They will get a notice of the hearing. • As part of the valuation of Real Estate and Personal Property in the Town of Reading, we would like to remind you that the Assessor's Office has our Appraisers Scott Morrison, Patricia Sullivan and Deborah Jackson out inspecting the current building permits and completing our annual cyclical re-inspection program. A systematic re-inspection of all properties in the Town on a nine year cycle is a minimum State requirement. These inspections have started and will continue throughout the next four to six months. Any of these individuals who are part of our inspection team will be able to provide photo identification. Any home owner may verbally confirm the identity of any individual representing themselves as working for the Reading Assessor's Office by calling 781-942- 9027. Office Hours are: Monday through Friday, 8:30 a.m. - 5:00 p.m. • 1 received a question about the right turn only restriction on Hopkins at Main Street. The restrictions are permanent, or until/unless we get a traffic signal at that location. The regulation was requested by staff, and approved by the Board of Selectmen and the Massachusetts Highway Department. . CPDC last night granted a waiver of Site Plan Review, with conditions, for the proposed Olde Redding Butcher Shop at 169 Haven Street last night. They also approved the sign design and granted Certificate of Appropriateness to accompany the sign permit application. Proclamations/Certificates of Appreciation Resolution - Support for Revised Bottle Bill - The Town Manager noted that this Resolution is in support of requiring a deposit on water bottles, sports drinks and tea bottles. A motion by Anthonv seconded by Schubert to approve the Resolution in support of the revised bottle bill was approved by a vote of 5-0-0. Personnel and Appointments Aquatics Advisorv Board - Tafova moved and Bonazoli seconded to place the following name into nomination for one position on the Aquatics Advisorv Board with a term expiring June 30. 2012: Lois Mareeson. Ms. Mareeson received five votes and was, ayointed. Board of Cemeterv Trustees - Tafova moved and Anthonv seconded to place the following names into nomination for two positions on the Board of Cemeterv Trustees with terms expiring June 30. 2012: Marv Vincent and William Brown. Each applicant received fives votes and were appointed. Recreation Committee - The Board interviewed Adam Chase for one Associate position on the Recreation Committee. ~a3 Board of Selectmen Meeting - June 9. 2009 - Paize 4 Tafova moved and Anthonv seconded to Place the following names into nomination for three positions on the Recreation Committee with terms expiring June 30. 2012: John Winne. Marv Ellen Stolecki and Nancv Linn-Swain. Each applicant received five votes and were appointed. Tafova moved and Anthonv seconded to place the following names into nomination for two Associate positions on the Recreation Committee with terms expiring June 30. 2010: Eric HuLyhes and Adam Chase. Each applicant received five votes and were appointed. Town Forest Committee - The Board interviewed George Perry for one position on the Town Forest Committee. Tafova moved and Anthonv seconded to place the following name into nomination for one position on the Town Forest Committee with a term expiring June 30. 2012: George Perrv. Mr. Perrv received five votes and was appointed. Tafova moved and Bonazoli seconded to place the following names into nomination for two Associate positions on the Town Forest Committee with terms expiring June 30. 2010: Joan Hovt and Patrice Todisco. Each applicant received five votes and were appointed. Discussion/Action Items Mrs. Boston's Grade 4 "It's My Business" - Chairman Stephen Goldy welcomed Mrs. Boston and her 4th grade class. He noted that their assignment was called "It's My Business," and the students were looking for ideas on what should go into the vacant Linens `N Things location. The Town Manager noted that he sent a copy of the letters to Mark Dickinson, the owner of the site. He was very impressed with the letters and will be writing back to Mrs. Boston. Selectman Camille Anthony noted that some of the recommendations were for an arcade, entertainment, laser tag, pet store, grooming store and a kennel. Chairman Stephen Goldy noted that they also recommended a bookstore, trampoline world and a couple asked for a teen center. Selectman Richard Schubert noted that he was very impressed with the business proposal for "Fitzy's Sporting Goods." Vice Chairman Ben Tafoya indicated that he liked the bowling alley proposal. Mrs. Boston noted that the students took into consideration the location off Route 128, and the fact that there was plenty of parking. She also noted that they also created brochures for their businesses. 6L~l Board of Selectmen Meeting - June 9, 2009 - Page 5 Student Joseph Green asked if any of their ideas will go in that location. Chairman Stephen Goldy noted that the property is owned by an individual and the Town can help guide him but the Town does not make the final decision. The Town Manager noted that the cost of rent for that location is high so companies have to look at the cost of running of the business and what they will charge. Selectman Camille Anthony noted that property was a former landfill and the developer had to pay to close the landfill. The Town Manager noted that the buildings are on pilings and the parking lot is on top of trash. He also noted that the trash now goes to Haverhill and is burned and that generates electricity. A student asked how long it will take to put something in the empty space. Chairman Stephen Goldy noted that depends on who rents it. Highlights - Fire Department Ambulance Service - Fire Chief Greg Burns gave a very informative presentation on the ambulance service that the Town provides. Continued Hearing - Atlantic Food Mart Liquor License Revocation - The Secretary read the hearing notice. The Town Manager noted that the Atlantic Mart closed in December 2008. He stated that the Selectmen held a hearing in April and extended it twice while the owner tried to work out a transfer of the license. He received a phone call on Monday indicating that they were unable to come up with a plan. He noted that on Page 22 of the handout was a letter from Attorney Brad Latham indicating that they are surrendering their license. Selectman Richard Schubert noted that the Board needs to discuss being prepared for this situation in the future. They need to address the issue of selling a license and losing control. Chairman Stephen Goldy noted that he was disappointed that the Board renewed this license in November. A motion by Anthonv seconded by Tafova that the Board of Selectmen accent the surrender of the Retail Package Goods Store for all Kinds of Alcoholic Beverages not to be Drunk on the Premises license issued to the Atlantic Food Mart. Inc.. in lieu of continuing the hearing on this matter, was approved by a vote of 5-0-0. Hearing - FY2010 Compensation Plan - The Secretary read the hearing notice. Human Resources Administrator Carol Roberts was present. The Town Manager noted that the compensation plan is for non-union employees for FY 2010 and includes a 2% cost of living increase. He also noted that this plan covers 64 positions for 100 employees. The cost of $81,000 is included in the FY 2010 Budget. He stated that there are six union contracts in place that expire in 2010. Board of Selectmen Meeting - June 9. 2009 - Page 6 All employees have been told not to expect a cost of living increase in 2010 and 2011. The Personnel Policies are being changed so that sick leave is being reduced from 15 to 12 days per year, and new employees are not eligible for sick leave buy back. Selectman James Bonazoli noted that he will not support increases in the coming years when salaries in the private sector are decreasing. Selectman Richard Schubert noted that the unions have absorbed hard times in the past. Selectman Camille Anthony asked how much of the $81,000 is the cost of living allowance, and the Assistant Town Manager noted that all of it is cost of living, and that the step increase is another $81,000. Selectman Anthony noted that the Town cannot afford 4% increases every year and requested that 4% increases never come back to the Board again. Vice Chairman Ben Tafoya noted that tax revenue can only increase 2.50% each year. He feels uncomfortable with the proposal and noted that we are still supplementing the budget out of reserves. He also noted that this discussion needs to take place during budget season. The Town Manager noted that he has told the unions that they need to start negotiating early this time to have contracts in place by budget time. The Assistant Town Manager suggested scheduling a Financial Forum as soon as possible because next year's budget will be even more difficult. A motion by Bonazoli seconded by Schubert to close the hearing on the proposed FY 2010 Compensation Plan for Town non-union emplovees was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Schubert to approve the FY 2010 Compensation Plan, as presented, was approved by a vote of 5-0-0. Continued Hearing - Birch Meadow Master Plan - Imagination Station Area - The Secretary read the hearing notice. The Town Manager noted that the Selectmen need to make a decision on which plan they prefer regarding the skateboard park and parking. He noted that the skateboard park could be moved to a location near the Field House. The Selectmen had concerns regarding the conservation and impervious area. Selectman James Bonazoli asked what the requirements are for this restoration, and the Town Manager noted that the idea is to do some appropriate planting and some wildflower mix. Thomas Plano from 128 Gleason Road noted that Recreation did not survey middle and High School students. Recreation Administrator John Feudo indicated that they will be doing that before they close the project out. Mr. Plano noted that all of the playgrounds in town have been replaced in the past eight years, and there is no place for kids his age to go. ~aQ Board of Selectmen Meeting - June 9. 2009 - Pate 7 Bill Brown suggested moving everything up the road to Oakland Road. Chairman Stephen Goldy noted that we are trying to keep everything in the Birch Meadow Area. Selectman Richard Schubert asked about the fencing and trees. He noted that trees could be put around the perimeter. He had concerns regarding amplified sound in the platform area. He feels that should be addressed now because it will open opportunities that could get out of hand. He would like to see onsite parking, and feels that the skateboard park is too much for that area. Selectman Richard Schubert noted that if the park was moved near the school, there would be security issues. He also noted that if the access road was opened, then the skateboard park could stay where it is. There was discussion among the Board members regarding sighting the skateboard park near the Field House. After much discussion, the consensus of the Board was to go with revision 3, open the access road and add trees around the perimeter. A motion by Bonazoli seconded by Anthonv to close the hearing on the Birch Meadow Master Plan for the ImaLrination Station Area was approved by a vote of 5-0-0. Adopt Guidelines for the Youth Liaison to the Board of Selectmen - The Town Manager reviewed the final version of the Guidelines for the Youth Liaison to the Board of Selectmen. On motion by Bonazoli seconded by Anthonv. the Board of Selectmen voted to approve the "Guidelines for the Youth Liaison to the Readine Board of Selectmen" dated June 9. 2009 was approved by a vote of 5-0-0. Adopt Code of Code of Conduct - The Town Manager reviewed the final version of the Code of Conduct. A motion by Anthonv seconded by Bonazoli to approve the "Code of Conduct" dated 5-28- 09 was approved by a vote of 5-0-0. Execute Agreement with AGFA - The Town Manager indicated that the Selectmen needed to execute the agreement with AGFA. A motion by Bonazoli seconded by Anthonv to approve the settlement in the amount of $125,000 between the Town of Reading and AGFA related to the contamination of the revav well and the recoverv of expenses related thereto was approved by a vote of 5-0-0. Execute Conservation Restriction - 9 Greaorv Road - The Town Manager noted that the map in the Selectmen's packet shows the restriction. A motion by Bonazoli seconded by Schubert to approve the conservation restriction for 9 Greeorv Road. as approved by the property owner and the Conservation Commission, was approved by a vote of 5-0-0. Board of Selectmen Meeting - June 9. 2009 - Page 8 Approval of Minutes A motion by Bonazoli seconded by Tafova to approve the Minutes of Aoril 14. 2009 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to approve the Minutes of April 28, 2009 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to approve the Minutes of Mav 5, 2009 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova to approve the Minutes of Mav 19, 2009 was approved by a vote of 3-0-2. with Goldv and Bonazoli abstaininiz. A motion by Bonazoli seconded by Tafova to approve the Minutes of Mav 26. 209 was approved by a vote of 4-0-1. with Goldv abstaininz. A motion by Tafova seconded by Anthonv to approve the Executive Session Minutes of April 14,.2009. as written. was approved on a roll call vote with all five members voting in the affirmative. A motion by Tafova seconded by Anthonv to approve the Executive Session Minutes of Mav 26, 2009. as written. was approved on a roll call vote with Tafova, Bonazoli and Anthonv voting in the affirmative and Goldv and Schubert abstaining. A motion by Tafova seconded by Schubert to adjourn the meetine of June 9. 2009 at 10:30 p.m. was :approved by a vote of 5-0-0. Respectfully submitted, Secretary ~~B Page 1 of 1 Ll c (3 as Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, June 18, 2009 9:30 AM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: Level 3 Sex Offender Attachments: 2009 level 3 info letter.doc; Bolden%20AIlen%20SOR.pdf I/c Board of Selectmen From: Cormier, Jim Sent: Wednesday, June 17, 2009 1:00 PM To: jb411@comcast.net; bobbi.carnes@verizon.net Cc: Hechenbleikner, Peter Subject: Level 3 Sex Offender Hello, In response to your inquiry to the Town Manger I have attached two documents. The PDF file is the actual flyer regarding our most recent level 3 registrant. This is our only level 3 registrant in the community currently. We do however at various times have level 3 registrants come and go. Please review the documents, if you have any specific questions please feel free to contact me. Chief James W. Cormier Reading Police Department 15 Union St. Reading, MA 01867 781-944-1212 781-944-2893 Fax JCormier an_ ci.readina.ma.us NA-233 When writing or responding, please remember that the secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. ~1. 6/18/2009 OFR~ RLEADEiG POLICE EP.ART ioT OFFICE OF CHIEF THE ,~~JNCOAQ~~~~ 15 Union Street, Reading, Massachusetts 01867 James W. Cormier Emergency Only: 911 All Other Calls: 781-944-1212 Fax: 781-944-2893 Chief of Police E-Mail: JCormier@ci.reading.ma.us Re: Sex Offender Registration Dear Resident, The Reading Police Department understands the concerns that residents have with Level 3 sex offenders living within our community. The Police Department is required by law to notify the community when a Level '3 offender lives and/or works within the town borders so residents can be alert to who is in their neighborhoods. The Police Department takes this responsibility very seriously and will make the information available as required and/or necessary. All officers within the department are made aware of the information regarding registered level 3 offenders. We hope that knowledge of the situation will allow the public to be aware and take precautions as they deem appropriate. We must all understand that registrants have paid their debt to society and have met their obligations by registering. The registrants are free to live amongst us. The registrants are not currently wanted by law enforcement agencies for any infraction of state or local laws. It is imperative that residents understand the following information: Residents must be aware that Massachusetts General Laws state that sex offender, registry information shall not be used to commit a crime or to engage in illegal discrimination or harassment of an offender. Any person who uses information disclosed pursuant to M.G.L. C. 6, 178C - 178Q for such purposes shall be punished by not more than TWO AND ONE HALF (2 '/Z) YEARS in a house of correction or by a fine of not more than ONE THOUSAND DOLLARS ($1,000.00) OR BOTH (M.G.L. C. 6, § 178N). -In addition, any person who uses registry information to threaten to commit a crime may be punished by a fine of not more than ONE HUNDRED DOLLARS($100.00) OR BY IMPRISONMENT FOR NOT MORE THAN SIX (6) MONTHS (M.G.L. C. 275, § 4). Again, we empathize with the concerns the public have regarding this matter. The information is provided so the public will be informed. Thank you for your inquiry, if there is anything further the Police Department can do to assist you please contact us. Chief James W. Cormier ~v SEX OFFENDER REGISTRY BOARD Level 3 Sex Offender Community Notification Pursuant to M.G.L. c. 6, 178C-178Q, the individual who appears on this notification has been designated as a Level 3 Sex Offender by the Sex Offender Registry Board. The Board has determined that this individual is at a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification. THIS INDIVIDUAL IS NOT WANTED BY THE POLICE. Name: BOLDEN, ALLEN Date of Birth: 03/09/1982 Home Address(es): 625 MAIN STREET, READING, MA 01867 Sex: MALE Height: 5'07' Eye Color: BLACK Race: BLACK Weight: 150 Ibs Hair Color: BROWN Conviction Date(s)/Offenses Committed: 03/28/2006, RAPE OF CHILD WITH FORCE SEX OFFENDER REGISTRY INFORMATION SHALL NOT BE USED TO COMMIT A CRIME OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT OF AN OFFENDER. ANY PERSON WHO USES INFOMRATION DISCLOSED PURSUANT TO M.G.L. C. 6, 178C - 178Q FOR SUCH PURPOSES SHALL BE PUNISHED BY NOT MORE THAN TWO AND ONE HALF (2'%) YEARS IN A HOUSE OF CORRECTION OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) OR BOTH (M.G.L. C. 6, § 178N). IN ADDITION, ANY PERSON WHO USES REGISTRY INFORMATION TO THEREATEN TO COMMIT A CRIME MAY BE PUNISHED BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS ($100.00) OR BY IMPRISONMENT FOR NOT MORE THAN SIX (6) MONTHS (M.G.L. C. 275, § 4). SOR Form 153 -A % a3