Loading...
HomeMy WebLinkAbout2009-07-14 Board of Selectmen Packet~o~~yoFRFgo~y Town of Reading 16 Lowell Street Reading, MA 01867-2685 9.1NCORQ FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER wphcitp• www_ readinama.aov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter 1. Hechenbleikner DATE: July 10, 2009 RE: Board of Selectmen Agenda - July 14, 2009 Camille Anthony will have office hours at 6:30 p.m. 4a) Following reports and comments, the Library Director Ruth Urell will do the highlights. 2a) Following highlights, the Board has Certificates of Appreciation for Board, Committee and Commission members who are retiring and have served five years or more. 4b) Transfer of Stock - Bertucci's Restaurant - You have in your packet of material a memo from the State discussing the process for a transfer of stock for all the Bertucci's Restaurants in Massachusetts. This is a hearing, but did not require notice. 4c) Continued Hearing - Policy on Use of Sidewalks for Outdoor Dining - I've included in your packet of material the policy revised from the Boards' discussion at your last meeting, information about Andover's outdoor dining (they do not currently allow alcohol in outdoor dining and sidewalks), and other items of correspondence. 4d/e) Representatives from the Fall Street Faire Committee will be in to give the Board of Selectmen an overview on the Fall Street Faire, and also to outline a proposal for a special license for an Octoberfest Beer Tent, and also the potential for a special license for Venetian Moon to set up a tent for food, beer and wine outdoors. 4f/g) Town Counsel will be in to review the liquor policy process for revocation (should it ever come up again) and to help -the Board with the discussion on what considerations can be made with respect to the issuance of the remaining package store license. 3 4h) The Chairman had asked all members of the Board to send to Paula Schena a list of the liaison assignments that they would like for next year. The Chairman will then adjust any assignments and have liaison assignments ready for the Board on Tuesday night. PIH/ps 4 THE COMMONWEALTH OF MASSACHUSETTS I.- A. 4 EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF WORKFORCE DEVELOPMENT DEVAL L PATRICK DIVISION OF UNEMPLOYMENT ASSISTANCE SUZANNE M. BUMP GOVERNOR SECRETARY MICHAEL TAYLOR e TIMOTHY RAY DIRECTOR LT. GOVERNOR EDWARD T. MALMBORG DIRECTOR DUA #78-30205-0 C/O PERSONNEL DEPT-RM 7 MUNICIPAL BLDG TOWN OF READING 16 LOW-ELL ST READING MA 01867 June 10, 2009 NOTICE TO GOVERNMENTAL EMPLOYERS ABOUT MASSACHUSETTS EXTENDED BENEFITS PROGRAM This is to inform you that, due to conditions of high unemployment in Massachusetts, an additional Extended Benefits program for qualified Massachusetts Unemployment Insurance (Ul) benefit claimants is h effect, as required by MGL. Ch. 15.1A, Sec.30A. This Extended Benefits program ("state EB") will remain in effect until at least June 20, 2009, but may -continue longer if unemployment remains high in Massachusetts. The unemployment conditions that trigger this extension are established by statute and are not within the control of DUA. Eligible Unemployment Insurance claimants who exhaust all regular Ul benefits and Federal Emergency Unemployment Compensation (`EUC) while this state EB program is in effect may be eligible for up to 13 additional weeks of state EB payments. State EB payments are paid last to eligible claimants who remain unemployed, after exhaustion of up to 26 weeks of regular UI benefits and up to 33 weeks of EUC - provided that the state EB program is still in effect when they exhaust their other benefits. State EB benefit payments are discontinued once a state EB program is no longer in effect. In contrast to the Federal EUC program, where the federal government pays 100% of the cost of Federal EUC i~ benefits to the unemployed, this "state EB" program does not provide for federal financing of state EB payments to workers formerly employed by state or local~yovernmental entities. This means that the cost of state EB payments attributable to wages paid by Massachusetts governmental employers must be charged 100% to those governmental entities, as required by state law. The DUA does not expect to be ready to make state EB payments to workers formerly employed by governmental entities until at least June 2009. When payments begin, some claimants will receive payments for retroactive weeks during which they were eligible for state EB. Governmental employers who have elected,the "Reimbursable" method of financing UI may see state EB charges for former employees separated up to 3_ years ago. in additi on to regular UI benefit charges for more recently separated workers, m their UI bills as early as July or August 2009. State EB payments will be distinguishable from regular UI payments on those bills. The same 30-day time period applicable to the payment of regular UI benefits is applicable to state EB benefit charges. Governmental employers who have elected the "Contributory" method of financing benefits (through payment of quarterly contributions) may also see state EB charges, in addition to regular UI benefit charges, appearing on their monthly benefit charge statements as early as July or August 2009. However, these charges will not CHARLES F. HURLEY BUILDING - 19 STAMFORD STREET BOSTON, MA 02114 (G t www.m1 ss.govleolwd 1. impact their UI contribution rates already assigned for Calendar Year 2009. State EB charges through September 30, 2009 will be reflected in the computation of governmental employer contribution rates for Calendar Year 2010. The DUA understands that cities and towns are trying to finali ze their 2010 budgets and we appreciate the formidable task ahead. Unfortunately, DUA is not able to forecast the costs of state EB payments to any city or town, since there are many unknowns that will ultimately dictate the cost to that entity (e.g., which claimants will apply for, qualify for, or continue to receive state EB; whether the current state EB program will continue after June 20, 2009; whether the Federal EUC program will be extended by Congress beyond December 2009; etc.) If you have questions about this notice, please contact the DUA Director's office at (617) 626-6600. C2 18 RODMAN RODMAN & SANDMAN ATTORNEYS AT LAW July 9, 2009 '1~" Lp--t Re: In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation MDL No. 1358 - GOLF Settlement Dear Client: The settlement on your behalf with Gulf Oil, L.P. ("GOLP") in the above case is now final and funded. Enclosed are the following: (1) Settlement Statement itemizing your gross and net settlement proceeds, attorneys' fees, and expenses; and (2) Settlement check. Thank you for your continued courtesy and cooperation. Should you have any questions, please do not hesitate to contact us. Very truly yours, R a Richard M. Sandman Robert J. Gordon Scott Summy N 8 RMS:lz Enclosures: as stated w w A P R O F E S S I O N A L C O R P O R A T I O N 442 MAIN STREET • SUITE 300 MALDEN • MA • 02148-51 22 T E L 7 8 1- 3 2 2- 3 7 2 0 • F A X 7 8 1- 3 2 4- 6 9 0 6 W W W R R S L A W N E T 19 rR96ri'E;~WdaVEiFi119t4fi$BE Dpi.T,i.E;CEi$yQi26'.:I.Y1C?Y:L?;7?a' •sta~iav-cu■ xr .c,~:av,t rs;; Bank of Texas, N.A. Dallas, Texas 32-1432/1110 CHECK NO..' ~ 1253129 DATE AMOUNT 07/06/2009 9,705.46 VOID AFTER 180 DAYS AUTHORIZED SIGNATURE SIGNATURE AREA CON'CAlNS A KNIGHT & FINGERPRINT CHECK WORI Il■I253129111 CL1100t325I: 1138092L95248110 ARSE'' fCE OF PINK, U.S. PA TENT MUMBERS UNDER SIGN,-i URE INDICATES CHECK FS FRAUDUiENM P:i CENT NUMBERS ARE PRINTED VO T H HEAT SEN'SMVF 114K E J&L DISAPPEAR VMEi t FLOWING 0t`1 Rki"2SIc4G BARON & BUDD, P.C., ATTORNEYS and COUNSEL OkS Settlement Info 04 1100 1 - CHGULFLP-FMB REORDER $15. U.S. PATEW ND.553MD, 5575588, 6691183, 5785359, 59a4364, 6838888 Date 07/06/2009 20 Amount Check Number 9,705.46 1253129 BARON & BUDD, P.C. ATTORNEYS AND COUNSELORS 3102 OAK LAWN AVE., #1100 DALLAS, TEXAS 75219-4281 (214) 521-3605 SETTLEMENT STATEMENT IN RE: Settlement: Gulf Oil, L.P. Town of Reading 09 5020 - 04 1100 1 Total Settlement Less Attorneys fee (33.33%) Less Partial Litigation Expenses Misc. Postage Copies, etc. Sub Total Expenses Balance Due Claimant 14,558.80 14,558.80 4,852.93 .41 .41 9,705.46 1 G S' 1253129 07/07/2009 21 Certincate of Appreciation This Certificate, is Hereby Awarded to: PAUL KELLEY In Appreciation of his Eight Years of Service N on the Human Relations Advisory Committee Given this 14th day of July, 2009 By the Reading Board of Selectmen N Certificate of Appreciation This Certificate is Hereby Awarded to: KATHLEEN KELLY In Appreciation of her Six Years of Service w on the Cultural Council Given this 14th day of July, 2009 By the Reading Board of Selectmen N A Certificate of Appreciation This Certificate is Hereby Awarded to: BARBARA A. POWERS In Appreciation of her Nine Years of Service on the Council on Aging Given this 14th day of July, 2009 By the Reading Board of Selectmen Certificate of Appreciation This Certificate is Hereby Awarded to: CAROL PATTERSON In Appreciation of her Six Years of Service cN on the Council on Aging Given this 14th day of July, 2009 By the Reading Board of Selectmen P Certificate of Appreciation This Certificate is Hereby Awarded to: PAUL DUSTIN N In Appreciation of his Six Years of Service on the Board of Appeals Given this 14th day of July, 2009 By the Reading Board of Selectmen R~ Town of Reading To the Inhabitants of the Town of Reading: You are hereby notified that an application for a transfer of stock has been applied for by Bertucci's Restaurant Corp. d/b/a Bertucci's Brick Oven Ristorante. ' The application is for the premises at 45 Walkers Brook Drive,Reading, Massachu- setts. Under the provisions . of Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held by the Board of Selectmen con- cerning this application on Tuesday;'July 14, 2009 at 8:00 p.m. in the Selectmen's Meeting Room, 6 Lowell Street, Reading, Massachu- setts... All interested parties are invited to attend or submit their comments in writing, or by emall to Town Manager at town manager @ ci. read - ing.ma.us. By-order of Peter I. Hechenbleikner Town Manager 7/1 27 Legal Notice f f _5 Timothy P. Cahill Treasurer and Receiver Genera! Commonwealth of Massachusetts Department of the State Treasurer Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Telephone: (617) 727-3040 Fax: (617) 727-1258 June 17, 2009 LOCAL BOARDS Amherst,Andover, Beverly, Boston, Braintree,Brockton, Brookline, Cambridge, Canton, Chelmsford, Framingham; Hingham, Holliston, Lexington, Longmeadow, Mansfield, Marlboro, Medford, Needham, Newton, North Andover, North Attleboro, Norwood, Peabody, Plymouth, Randolph, Reading, Swampscott, Taunton, Waltham, Wellesley, Westboro, West Roxbury, West Springfield, and Woburn . The Commission has received a request from Bertucci's Restaurant Corp. for a Transfer of Stock in the above-noted cities and towns. Due to the magnitude of these transactions, the Commission has received the information and documents provided by the licensee. The review was to determine whether the contemplated transaction is consistent with the provisions of M.G.L. c. 138. Based upon our review, we are satisfied that the transaction is consistent with the purposes of the law and would not result in the individual corporate licenses being deemed to be out of compliance with the applicable statute. Accordingly, this letter sets forth our recommended procedure for the processing of these applications. Arrangements have been made for the Corporation to pay all of the $200 application fees directly to the Commission. Therefore, no fee needs to be collected. The Commission has reviewed and accepted copies of the following documents and instruments: 1. Form 983 2. Form 997 3. 5 Page Application 4. Vote of the Board of Directors 5. Documents outlying the finances of the transaction yb 2. Ca 28 r Where there will be no change of existing managers, the Commission will not require that a Form A be completed, nor will the Commission require background information on the managers as such information should already be on file. The applicant will contact you directly for processing the application. Please forward to the Commission the.Form 43. The Commission will require no other forms, documents or information in connection with these applications. Should you or your town/city solicitor have any questions or require information or assistance, please contact Investigator Jack Carey at (617) 727-3040, extension 36. Sincerely, Ralph Sacramone Executive Director Cc: Ted Mahony, Chief Investigator Pat Krueger, Licensing Coordinator Gregory C. Demakis, Esq. Joseph H. Devlin, Esq. L4 b3 29 READING POLICE DEPARTMENT k 1-5-Union Street - Reading, Massachusetts 01867 Emergency Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ Date: July 9, 2009 To: Chief James W. Cormier From: Sgt. Detective Mark D. Segalla Re: Bertucci's Restaurant I received an application for a stock transfer for Bertucci's Restaurant. Since the manager, Michael Bonnell has not changed, the Police Department has no concerns with the application. Based upon my research, I see no reason why the application should not go forward. 46N 30 OFRFq~'yc Town of Reading 16 Lowell Street Reading, MA 01867-2685 P e39. INCO'PQp4 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM DATE: July 8, 2009 TO: Police Chief Jim Cormier Health. Administrator Larry Ramdin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942-9043 RE: Application for Transfer of Stock - Bertucci's Restaurant Corp. Attached is an application for a Transfer of Stock for Bertucci's Restaurant Corp. located at 45 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on July 14, 2009. Please review this material and get back to us with your comments. Thank you for your assistance. Im Attachment CIU', READING HEALTH DIVISION T6VViV H~CL,' r t 16 LOW ELL ST-REET'`. 31 READING MA 01$67 DEMAKIS LAW OFFICES, P. C. GREGORY C. DEMAKIS THOMAS C. DEM1i KIS SANDOR RABKIN JOSEPH H. DEVLIN* *Also Admitted in N.H. 56 CENTRAL AVENUE LYNN, MASSACHUSETTS 01901 TEL. (781),595-3311 FAX (781) 592-4990 June 26, 2009 Mr. Peter Hechenbleikner Town Manager Reading Town Hall 16 Lowell Street Reading,. '.MA 01867 Re:- Application of Bertucci's Restaurant Corp. (the "Licensee") for approval of a change of ownership interest with regard to an alcoholic beverage restaurant license Dear Mr. Hechenbleikner: Enclosed please find the following documents with regard to the application for approval of a change of ownership interest in the alcoholic beverage restaurant license held by the Licensee in your municipality. 1. Letter from Ralph Sacramone, Executive Director of the Alcohol.Beverage Control Commission. 2. Form 43. r•J 3. Form 997. r~ 4. Form 983. N .p 5. Alcoholic beverages application. p 6. Corporate resolution. %-n co 7. Binder of exhibits to five page application. 8. Securities. Exchange Agreement. 9. Local Filing Fee, if applicable. 10. Advertising fee, if applicable. Pat/backuP/bertucci's/Cover letters and municipal addresses 32 This ttansfer involves all 42 Bertucci's restaurants in Massachusetts, and it is the result of a sale of stock of the "grandparent" company (the owner of the "parent" company) of the'Licensee to several investment entities. The transaction will not result in any change to the manager, operation or physical structure of the individual Bertucci's restaurant in your municipality. The Alcoholic Beverage Control Commission (the "Commission") has investigated and approved the enclosed application and exhibits, determining that the transaction is in compliance with the provisions of M.G.L. Chapter 138. The procedure for processing the application is set forth in the letter from Mr. Sacramone. The Commission only requires the Form 43 be returned to the Commission after the hearing. The Commission requires no other forms, documents or information in connection with the application. The $200 application fee has already been paid directly to the Commission. We Have prepared the Form 43 for your convenience. However, if you choose to prepare the Form 43, we would appreciate it if you could include the language in the remarks section of our Form 43. The language was specificblly included to aid the Department of Revenue and the Division of Unemployment Assistance, after consultation with those entities, to identify these applications and process them without delay. I would appreciate it if you would schedule the hearing for the next available meeting date and notify this office of the same. We will be calling.shortly to follow- up,' and we look forward to working with you. If you should have any questions with regard to this application, please feel free to call Patricia Gallant at extensiot, 104. Thank you very much for your time and cooperation. ?er myrs, ph Devlin JHD/bd Pat/backup/bertucai's/Cover letters and municipal addresses b~ 33 THE COMMONwEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 101600026 License Number Reading • City/Town Type of Transaction (Please check all relevant transactions ~ e 0g Date ( ) New License ( ) New Officer/Director ( ) Pledge of License ( ) Transfer of License ( ) Change of Location ( ) Pledge of Stock ( ) Change of Manager Alter Premises ( ) Other . (x) Transfer of Stock Bertucci's Restaurant Corp. Name of licensee Bertucci's Brick Oven Ristorante D/B/A FID of Licensee Michael Bormell Manager 45 Walkers Brook Drive, Reading, MA 01867 Address: Number Annual Annual or Seasonal Street Zip Code All Alcohol Category: Al Alcohol, wine & Malt Restaurant Type: Restaurant, club, Padcw store, inn, General on Premise, Etc. Description of Licensed Premises: Approximately 6770 square feet Italian kitchen, one bar/lounge,-two dining rooms, outside patio, one main entrance, one rear exit. Application was filed: June •29, 1,009• 9.:58amAdver ised:July 1, 2009 - Chronicle Date & time Date & Publication Abutters Notified ' Yes ' No Person to contact regarding this transaction: Name: Joseph H. Devlin, Esq. Address: c/o Demakis Law Offices, P.C., 56 Central Avenue, Lynn, HA 01901 Phone 781-595-3311 Remarks: Transfer of stock of parent company _ affecting all-of the•Licensee s locations in Massac usetts 42 locations filed simultaneously. The Local Licensing Authorities Alcoholic Beverages Control Commission By 34 Remarks: ,T_- ceCU11ve D rec1 or q bg PETITION FOR LICENSE TRANSACTION THE COMMONWEALTH OF MASSACHUSETTS May -2 CP9 CHANGE OF LOCATION PLEDGE OF LICENSE CHANGE OF D/B/A CHANGE OF LICENSE TYPE PLEDGE OF STOCK CHANGE OF CORPORATE NAME CHANGE OF MANAGER CORDIALS AND LIQUEURS PERMtr % STOCK TRANSFER To the Licensing Board for the The undersigned respectfully petition for approval of a transfer of stock in Bertucci's Corporation, the sole owner of Bertucci's, Inc., which is the sole owner of the Licensee, all as set forth in Exhibit A and the Securities Exchange Agreement filed herewith. Sitrncd David G. Floyd Form 997 Treasurer/Secretary and Authorized Person Titie U69 -12 35 TOWN OF Reading. 8- M` ..._...200 9 TO THE LICENSING BOARD The undersignedIII Bertucci's Restaurant Corp._ respectfully petitions for the transfer of the annual restaurant (Mass of License) all alcoholics beverages license now exercised by the said icensee on the premises located at 45 Walkers Brook Drive, Reading, MA 01867 whose address is 155 Otis Street, Northborough, MA 01532-2414 ill present licensee is a corporation, fin In the following paragraph) The said licensee is a corporation duty organbed under" laws of the Commonwealth of Massachusetts, and its officers, directors and stockholders, their residences, and shares owned by each are as follows: (NAME) (ADDRESS) (SNARES) FROM: (PLACE AN ` BEFORE THE NAME OF EACH DIRECTOR.) See Exhibit A for current corporate structure and stock ownership of President Bertucci Is Corporation Treasurer Clerk (if proposed transferee is a corporation, fill In the following paragraph.) The proposed transferee is a corporation duty organked under the laws of said Comnionweaith and having a usual place of business in said and its officers and stockholders, their residences, and shares owned by each are as follows: (NAME) (S) (SNARES) TO: (PLACE AN - BEFORE THE NAME OF EACH DIRECTOR) See-Exhibit A for corporate structure and stock ownership of President Bertucci! s Corporation after the transfer Treasurer Clerk The above named proposed transferee hereby )ours in this petition for transfer of said license, and respectfully petitions the Board to grant such transfer- f,, _ SIGNATURE OF SIGNATURE OF PROPOSED FORM 983 (da corporation, by its authorized representative) I D-avid G. Lloyd, Treasurer/ Secretary and Authorized Person gb10, G. Lloyd, Treasurer/ tary and Authorized Person (d a corporation, by its authored representative) 36 ~s The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale City/Town: Reading ( ) New License ( ) New Officer/Director ( ) Transfer of License ( ) Other (x) Transfer of Stock (specify) Section 1 Name to appear on the license: Bertueci's Restaurant' Corp. Business Name (d/b/a, if different): Bertueci' s Brick Oven Ristorante Manager of Record: Michael Bonnell FIDofLicensee: Address of Premises: 45 Walkers Brook Drive, Reading Zip Code: 01867 Phone number of premises: 781-942-2001 Section 2 Type of license: (check one only) ( ) Club ( ) Package Store ( ) Veterans Club- ( General on Premise (x) Restaurant ( ) Other ( ) Innholder ( ) Tavem Section3 License Category (x) All Alcoholic ( ) Wine and Malt ( ) Malt Only ( ) Wine Only ( ) Wine and Malt with Cordials Permit Section 4 License Class (x) Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Joseph H. Devlin, Esq. Address: c/o Demakis Law Offices, P.C., 56 Central Avenue, Lys, MA 01901 Phone Number: 781-595-3311 (Phone) 781-592-4990 (Fax) 37 ubii Section 6 Give a wl desc dptioo of the parolees b be ker sed, imbft locatiao of all entrances and exits: Approximately 6770 square feet Italian kitchen, one bar lounge, two fining rooms, outside patio, one main en ranee, one rear ex Seating Capacity_ 263 OccupaiLy Number Section 7 Applicant is an: ( ) Anociation (x ) Corporation ( ) bffivwud ( ) Pattnetsltip ( ) Nou-profit corporation ( ) UX Section g Uapplicant is an individual orpartnesbip -List for individual of each partner 8a_ Is individual or all partners United States citizens? ( ) Yes ( ) No If no, specify dthznship: 8b. Is individual or all partners involved at least twenty-one years old?( ) Yes ( ) No Section 9 If the applicant is a corporation, complete the following State oflooorpmati. Massachusetts Dateofh=gorjtm November 2, 1984 Fiscal Year Ends- December - 31 Dane gwli liied to do buimess in MA-November 2, 1984 9a. How many spans of stock are au&orizzed: • 200 , 000 Row tawny shares art issued: 81, 605 Pmvide in the box-Ow aames if all officers. directors, stockholders and imnaga_ use' to indicate director Shares of stock SSN Title FaU Name Rome Address DOB owned or amts * rest en rep en 857 Oircliard Park Bertitcci'31i sole stockholder See Exhibit A Inc 9b. Attach a copy of the vote by the Board of Djedots appointing a manages or pivhctpal representatives. 38 q6(1 9c. If the applu=nt is a caq ration, answer the following qua iota 1. Are the majority of directors United States citineas? (x ) Yes ( ) No 2. Ain; the majority of &ators citizeas of Massachusetts? ( ) Yes (x ) No' 3. Is the manager or pruteipal apmmutive a U.S. citiaat? (x ) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Addtrss DOB SSN Phone Nturiber 10b. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, wAccoratiing or building on the premises for this license? ( ) Yes (x) No (If yCS COmplde a,b, c and d) a Give an exact description of the construction, remodeling, redecorating or building on the premises: b. what are the estimated costs: c. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes (x) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of Realty Tnust Name of Corporation ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Name: Newview Investments LLC Phone Number: 781-972-4n(1p c o Nordblom Managment Co. Address: 1 Third Avenue, Burlington, MA 39 qb 13 f 123. Ifa laicurtcab%provide the Mowing' ft, : S 16 , 667.00 pa month (knout, year, etc,) Beginning doeofiease 03/16/2008 Ending Date of lease 03/16/2023 (proride ooQY of 8tC kale) . FINANCIAL _ Swint 13 Wbat essels werepurtbased and cost? F,qugrment S Furniture: S Goodwill: S In-Cutory: S License: S Premise: S 13a. Total puuchmPrice: S See Securities Exchange Agreement filed herewith. 13b. Identify below all sources of financing: Mortgage: $ SCOCC S C asb: $ O6tar (specify): S Document all sources e & Loan p apem checking accounts, stock sales, etc. 13c. All othcr terms and conditions: See Securities .Exchange Agreement f iled herewith . (provide ptrcbase and sale documents) ~13d. Are. you seeking approval for license to be Pledged: ( ) Yes (x ) No If yeS, tD whom 13e_ Will the inventory be ply: ( ) Yes (x ) No if yes, qmafy In whom: 13f If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) Yes (x) No If yes, identify tD whom and identify the number of shares: OVMRSIHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: Full Name Home Address DOB SSN Phone Number See Exhibit A 40 qbI q 14a. Deswbe all types of beneficial or finm=W in6arst each person or entity idee fled in Question 14 will have in cis iicease: Person or cnw Beneficial or#mancial wMest See Exhibit A 14b. Does ay person or entity listed in Question 14 have any direct or indirect beneficial or financial interest.in any other liaise granted w da Chapter 13P (x ) Yes ( ) No Name Type of license license Name and. Address Description of Interest See Exhibit B 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which is not presently held? ( ) Yes ( ) No (Ifyes, proviele the following for each person or entity.) Name Type of License License Name and Address Date surrendered See Exhibit t 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non-renewal, surrender, etc.) Date License Reason why the license was mated See Exhibit G qp.~ 41 14a Has my pcsau aaitity namr~ in Qu~i'san 14 crarlrads-&mse n,~evdoed a c~ied'1 C 19 Yes C ) No (if1res,providefripbNfillg1if=d ) Doe I:icaoae Reaam jr r meras wvoloed or mw9 d See Exhibit H. 14£ Has any pmwer entity .di. Qutatim 14 cmkm cmvic ed of violating snyz tA, ortmaitmy .1aa? ( ) Yes (x) -No -1S. a. ~aeh ~doalaippiuant-ta~! . 6. Agpircadow try L •=vdbe mimed by & m4way.of tic partmm c. Appks&w by a aorp rem mmxtbe i"W by as eMew w0wined by a raft of the coffpwaffom d oiD Nectem ..d. aaaut be dp d by a majority ad Ike m,een6ets Htie gove rvin taq Agues =mt bsre 10. e Ra3ae' orfa$meta arcts~aestowevokeaSceaarardmyaiomse Signed and to under the peRI Y Of PniM- day Of May - : 2009 ~lv- Sim of Fnl'! G: LTreasurer Secretary and Authorized Person qbl 6 42 CORPORATE RESOLUTION At a meeting of the Board of Directors of BERTUCCI'S RESTAURANT CORP., a majority of the Board of Directors being present and voting, held at 155 Otis Street, Northborough, Massachusetts on leg'--=, 2009: Per; i ss11-1 On motion duly made and seconded, it was unanimously VOTED: That David G. Lloyd, the treasurer, secretary and CFO, is authorized on behalf of the corporation to apply to the Alcoholic Beverages Control Commission and the local licensing authority for the approval of the restructuring of the stock ownership of Bertucci's Corporation, the sole owner of Bertucci's, Inc., which is the sole owner of the Licensee. On motion duly made and seconded, it was unanimously VOTED: That Michael Bonnell has been appointed as its manager or principal representative in the operation of the restaurant known as Bertucci's Brick Oven Ristorante, 45 Walkers Brook Drive, Reading, Massachusetts, with as full authority and control of the premises described in the license of the corporation and of the conduct of the business therein relative to the sale of all alcoholic beverages as the licensee itself could in any way have exercised it as if it were a natural person, resident of the Commonwealth of Massachusetts, and that a copy of this vote duly certified by the clerk of the corporation and delivered to said manager or principal representative shall constitute the written authority required by Massachusetts General Laws Chapter 138. A TRUE COPY ATTEST David G. Lloyd, Secretary Pat/backupBenucci'sTx3.16.09/CorpRes 4-1 6' 43 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...." Outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining on a public sidewalk, upon site plan approval by the Community Planning and Development Commission This policy addresses only outdoor dininp_ on public sidewalks.. The following regulations shall apply for licenses for utilizing public sidewalks for outdoor dining, or "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 their business, and will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre-dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 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. N cA 44 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 Beveralzes 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 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. 8. Applicants who hold an alcoholic beverages license and who elect to apply for an Outdoor Dining License for serving food without serving alcoholic beverages 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 that alcohol remains only on the licensed premises and not in the sidewalk area. Such a plan/strategy may include signage, staff instructions, monitoring of the outdoor dining area, etc. The applicant shall also submit as part of the application packet the TIPS or alcohol server training certificates for all managers and servers of the restaurant which is licensed to sell alcoholic beverages. Standards for Operation 9. 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 10. 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. 11. The Board of Selectmen may require outdoor dining areas to be separated from their surroundings by a temporary removable perimeter barrier. No such barriers may damage the public sidewalk. 12. 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 perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. 13. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. 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. In addition, the Outdoor Dining Licensee shall be responsible for preventing and/or cleaning up litter from the licensed establishment in areas abutting the licensed premises. C; 45 15. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk in a width of less than four feet. Restaurants shall have an accessible path of travel from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area at least 36 inches wide. 16. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 17. 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. 18. Within the period from April 15 to October 15, upon notification from the Department of Public Works or from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. Administrative Requirements 19. 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. 20. 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. 21. 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. 22. 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 y c3 46 Page 1 of 2 Hechenblefter, Peter From: Hanson, Randall [rhanson@andoverma.gov] f V Sent: Monday, July 06, 2009 10:47 AM f To: Hechenbleikner, Peter Subject: RE: Alcoholic Beverage Policy Importance: High Hello Peter: I hope you had a nice 0-I'm not sure what I'm doing yet about retirement-so many changes. We are not aware of anything in the law that does not allow for an application fee. We charge $125 up from $75 (that was the fee in a few years ago) and the fee was always on our books, way before I came 22 years ago. These applications are too complicated for us not charge for the processing - takes too much time. I think many communities also have application fees. We have outdoor dining, but in the selectmen's policy - alcoholic beverages are not allowed on public property except the Town House. This has not been changed yet, although a number of people are questioning it. So right now, restaurants in downtown that want to extend to outdoor dining would not be able to serve alcohol on sidewalks and would have to show a plan to us as to how to control that. We do have a few places in town that have private outdoor space and have extended their license to include alcohol. Gandy From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us] Sent: Monday, July 06, 2009 10:28 AM To: Hanson, Randall Subject: RE: Alcoholic Beverage Policy Thanks Randy I heard that you are going to be retiring? You're much too young for that. 2 things - eI notice that you have an application fee - and I understand from the ABCC that application fees are not permitted. Did you get a different reading or ruling from them? eI understand that Andover by recent change in regulation, now allows a outdoor dining including alcohol consumption on a public sidewalk? Did I miss that change, or did I misunderstand it? Thanks. Pete -----original Message----- From: Hanson, Randall [mailto:rhanson@andoverma.gov] Sent: Monday, June 29, 2009 11:34 AM To: Hechenbleikner, Peter q C,) q 7/6/2009 47 Page 2 of 2 Subject: Alcoholic Beverage Policy Importance: High Hi: Buzz asked me to send this along to you at your request. If you have any questions, call me 978-623-8259 or e-mail me back. <<Doc2. doc>> q &S 7/6/2009 48 Te 1IfCloq June 25, 2009 Town of Reading Board of Selectmen 16 Lowell St. Reading Ma.01867 Subject : Sidewalk Dinning 2(T 9 30 Ali 9i 04 Section 5.5.6 Consumption of Alcoholic Beverages presently does not allow the Board of Selectmen to give permission to serve or have alcoholic beverages on Town owned sidewalks as you propose. I would suggest that the Board together with the Bylaw Committee review this and section 5.5.4 Public Buildings and perhaps combine them under one Bylaw. Suggested: Public Land and Buildings 5.5.4.1 Gambling 5.5.4.2 Alcoholic Beverages 5.5.4.3 Tobacco Products In some cases it speaks to gambling inside public buildings but does not prohibit on public owned land. Smoking while prohibited inside buildings, presently bylaw does not speak to smoking at tables on public land as proposed . Would the Town be subject to legal suites if someone caused bodily harm as the result of being served alcohol on public property ? 61 I 0\,tk/ O w ~~r Sincerely William C. Brown 28 Martin Rd. Reading, Ma. 01867 781 944 2807 q Gt' 49 Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, July 09, 2009 12:44 PM To: Schena, Paula Subject: FW: Mr. Brown's comments re: licensing of sidewalks for liquor service Attachments: Cambridge patio policy.doc Include with Board of Selectmen packet From: Ellen Doucette [mailto:ecdoucette@brackettlucas.com] Sent: Thursday, July 09, 2009 11:53 AM To: Hechenbleikner, Peter Subject: Mr. Brown's comments re: licensing of sidewalks for liquor service Peter, I reviewed Mr. Brown's comments re: sidewalk dining and the service of alcoholic beverages. Section 5.5.4.1 applies to buildings only, and I believe that a strict reading of Section 5.5.6 indicates an intent to curtail public drinking. Nevertheless, Mr. Brown raises a valid issue if the Selectmen were inclined to allow restaurants/licensees to use the sidewalks. While Section 5.5.4.1 pertains only to town buildings, it also states "except otherwise authorized by the Board of Selectmen". An amendment to include town buildings and lands would provide clarity and leave it to the discretion of the Selectmen. Further, if the Selectmen wished to permit the'service of alcohol on the sidewalks adjacent to restaurants, they must revise their policy re: alcoholic beverages. I have attached hereto a portion of the Cambridge license commission's 'Patio Policy" as it has fairly recently addressed requests to permit service of alcohol on city sidewalks. While there are clear differences, it will provide you and the selectmen with a starting point. As you know, the premises must be identified for the license so the sidewalk area must be included. I did not see in the Cambridge policy the requirement that the licensee revise their insurance policies to require coverage of the sidewalk area but I would advise that the Selectmen not permit service on the sidewalks unless the licensee could prove that they were insured and that the city would be indemnified. I suggest that you check with the town's agent at MIAA as they may have additional advice in this regard. You will also note that Cambridge charges for using the sidewalk which the Selectmen may also like to consider. Regards, Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 19 Cedar Street Worcester, MA_01609 (508) 799-9739 (508) 799-9799 Facsimile 7/9/2009 50 Schena, Paula From: Reading - Selectmen Sent: Thursday, June 25, 2009 10:58 AM To: Hines, George; Anthony, Camille; James Bonazoli forwarding account; Goldy, Stephen home account; Rick Schubert Multiple Addresses; Ben Tofoya Cc: Schena, Paula Subject: RE: Outdoor dining regulations Dear George: Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting, and your comments will be considered on July 14 when the Board of Selectmen continues the hearing on the "Outdoor Dining License" policy. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. Thank you again for contacting the Board of Selectmen. Camille Anthony Secretary Reading Board of Selectmen I/c Board of Selectmen From: George [mailto:gvhines@verizon.net] Sent: Thursday, June 25, 2009 7:47 AM To: Anthony, Camille; James Bonazoli forwarding account; Goldy, Stephen home account; Rick Schubert Multiple Addresses; Ben Tofoya Cc: Hechenbleikner, Peter Subject: Outdoor dining regulations Sorry I could not attend the meeting when the regulations were being discussed but as a big fan of al fresco dining I'm glad the idea is being encouraged. One suggestion to include would be a minimum sidewalk clearance that would have to be maintained for safe convenient passage of pedestrians. This should be an absolute that is mainatained to avoid the potential for subjectivity being injected into any approval process and causing the potential for claims of preferential treatment. George V. Hines 35 Grand St. Reading, MA 01867 4 C,9 51 6/25/2009 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, July 09, 2009 12:40 PM To: ROBERT LAUTZENHEISE Cc: Reading - Selectmen; Schena, Paula Subject: RE: SIDEWALK CAFES, ALCOHOL Bob Thanks for your email. Whether or not to allow dining on a public sidewalk is up to the Board of Selectmen under current bylaws of the Town. Personally, since you asked, I think it is a good idea. When I travel around I frequently dine out and will often select an outdoor seat if its available and if it is an attractive place to sit. As to serving alcohol at such outdoor seating, it is often done in other places around the commonwealth and other places, and I find no particular personal objection, as long as it is done safely and properly. I know the liquor laws in Reading have changed a lot over the past several generations as the community and as society have changed. I will of course pass your comments on to the Board of Selectmen. Pete 1/c Board of Selectmen -----Original Message----- From: ROBERT LAUTZENHEISE [mailto:rlautzl@verizon.net] Sent: Thursday, July .09, 2009 12:14 PM To: Hechenbleikner, Peter Subject: SIDEWALK CAFES, ALCOHOL Dear Peter: I had always considered sidewalks to be public ways rather than personal property of abutters to use for business. Is this not the law? If this is to be changed, it should be by vote of the citizens and not by a few Selectmen. Certainly tables and chairs would cause inconvenience to the pedestrians for which walks are the purpose. As to alcohol, when I came to Reading this was a dry town and I liked it am not especially against serving drinks in a restaurant in these times, I that the open streets are the place for it, where kids and youngsters are walking by. Personally, I would not eat on the streets, where auto dust and fumes contaminate and flies are a problem. Would the Board of Health have to pass on this? What is your reaction to this matter? Could you please bring my concern to the attention of the Board? Thanks. Bob Lautzenheiser 1 52 that way. While do not think ~ Gq ,AI 6P "n A L AIREI Sunday, September 13th 12:00 Noon - 6:00 PM Board of Selectmen Presentation July 14, 2009 Purpose and Location of the Reading Fall Street Faire The First Fall Street Faire will celebrate Downtown Reading, the focal point for continued growth, and bring excitement and renewed hope and commitment to the heart of Reading's community. The dedication of the new flag pole will start the day with a reminder of the longevity of Reading and its people. Vendors will be selling their wares throughout the day and entertainment is planned all day. The Faire will start at the Common and go down Main Street on the CVS side and flow down Haven Street to the train depot. Haven Street will be closed to traffic. Goals • To hold a large community event to celebrate local businesses and the completion of the Downtown. o To attract new businesses to Reading. • To attract many demographics- children, young adults, adults and the elderly. Process Planning Committee A Planning Committee was formed in April 2009 to plan the Reading Fall Street Faire. The Planning Committee is headed by Co-Chairs Sheila Clarke and Michele Williams. Each component of the Faire has a Committee Chair and a subcommittee of volunteers. Each subcommittee has a workplan which outlines tasks to be completed, dates tasks are due and updates. Following are members of the Planning Committee and their respective subcommittees listed in alphabetical order: Camille Anthony & Steve Goldy- Board of Selectmen Sheila Clarke and Kathi Spurr - Food Vendors Maureen Knight =Town Staff George Rio and Victoria Smith - Entertainment Jack Russell and Russ Graham - Logistics Meghan Young-Tafoya - Nonfood Vendors Sharon Petersen - PR Michele Williams - Finance Components Components of the Reading Fall Street Faire include; Nonfood Vendors, Food, Entertainment, Finance, Logistics, Public Relations, Volunteers. Nonfood Vendors Nonfood vendors are all vendors other than food. To date, we have 9 nonfood vendors and have outreached to over 80 nonfood vendors. We are hoping to attract a large number of diverse vendors. Food At this point in time, we have one food vendor and have outreached to over 45 food vendors. Entertainment Entertainment is comprised of a children's section and two areas for performers; a stage in front of Atlantic and an area on the Common. 53 qj Entertainment thus far includes the following: Children's Section- two moon bounces, a train, face painting, games, a cake walk, and much more. The Stages include- A ragtime band, a rock band, Reading's Got Talent, A yoga demonstration, dancers and more. An Antique Car Show is planned in the CVS parking lot. In addition, there will be roving musicians and high school students dressed up as princesses and pirates signing autographs. Finance Fundraising has proven to be challenging. We have been given a loan from the Celebration Trust Fund and continue to look for ways to cut costs of the faire and raise money. Sponsorships are available for the stage, the children's area, and many others. We are also selling bricks in the alleyway to local businesses. Logistics The Logistics Committee has responsibility for planning and implementing appropriate locations for Faire activities, providing for vendor and public parking, and arranging for facilities needed to support the various activities. To date they have produced activity site maps and street closure maps, prepared a Utility Information sheet for vendors and are in process of obtaining permission to use the various private properties involved . Logistics meets regularly with key town officials and staff to best coordinate municipal support. adz 54 Ire et AJ RE Public Relations Numerous fliers have been created and sent out via email, articles have been written for the local paper, and we continue to need to spread the word. Volunteers Volunteers are needed to follow up with nonfood vendors and are needed.on the day of the event. Accomplishments to Date ✓ Numerous Planning Committee Meetings, numerous volunteer hours ✓ Application created and sent to many businesses ✓ Received a loan from the Celebration Trust Fund ✓ 9 nonfood vendor applications received to date ✓ 1 food vendor application received to date ✓ 2 bands ✓ Roving musicians ✓ Readings Got Talent ✓ Antique Car Show ✓ Children's Entertainment Section ✓ Maps of the Faire Area ✓ Utility Information Sheet Created for vendors ✓ Articles in the Local Newspapers ✓ Numerous sub committee meetings, numerous hours spent ✓ Site maps and Street Closure maps issued Work Ahead • Solicit more volunteers for the day of the event and to help with committee work • Engage more local businesses to be involved • Continue to reach out to other communities • Raise more money to pay for the costs of the Faire • Obtain more food and nonfood vendors • Obtain more entertainment • Continue to spread the word • Engage as many demographics as possible Continue to work out logistics and parking Contact Information Following is the contact information of the Co-Chairs of the Reading Fall Street Faire Michele Williams michelerwilliams(a)comcast.net or Sheila Clarke smwclarke@verizon.net q J3 55 1 4 ~ 4 t T t Lt 4F ~ ~ r": r [LLy i {F [fF k f tl I L'4 fll 0 4 J>< ~1 ,o~n'°~ ~~~`tt°G. 'd llin• r' Ike ~29 i . r I ~ 6 ,rt iri.,n, `J ^ e y = 3 " l i l ;O1 r ' t IaFZ I rJ S r r 6 t cL1t . ~ , tt F lr .r > (24) r O(v 4 ` It I ' l ` Z t (7) Handicaps` r w1 3t IV. ehPark11Ij ti~ ,l sa 71 S ° l ~c04,~` ,(~`g~ 1 - NI; r. ~ mot' i ~r ; r ~ ~ ~ _ , 1 J r • r ~J{5) y L,, J •i t 26 L r~~e at xd/CtiSg~I I x I I I S V l ° Nsr t q _ s ~ ' / (13 J4' 00r', STS Legend C3 Street Faire Boundary Railroad Town Owned Land Street Closures School ® Vendor Parking Other Town Building © Public Parking Other Map by Town of Reading Map date: 7/8/09 N FALL STREET Planimetric features from 4/08 n aerial photos with some downtown N FARE improvement edits from CAD files. FAIRE 0 100 200 400 Feet J 00 qP1 "Oktoberfest" Event Goal The Street Faire Planning committee is proposing to add a "Oktoberfest" like event to the faire. The initial idea was derived from the "Mayfair" event held annually in Cambridge. We hope to draw on an "untapped" demographic in Reading with an adult only event. We intend to use this as a fund raising tool to replenish the Celebration Trust Fund, donate amenities to the, downtown, and subsidize next year's event. Components- Location - we are requesting to use the open lot next the M.F. Charles building pending owner approval. This is an ideal area because it allows the event to be contained on each side by the buildings. There would be barriers at the back (allowing for emergency means of egress) and one entrance/exit on the street side for a police detail. There would be a 20 x 30 tent to cover the vendors/participants in case of inclement weather. If this area was not available, we would move the event to the municipal lot behind it. Insurance- the event will be listed individually and be covered under the policy the committee is taking out for the faire. Alcohol- we will highlight 6-8 craft brewers from regional and national breweries. Craft beers are produced by "a small brewery using traditional methods and ingredients to produce a handcrafted, uncompromised beer that is marketed locally." The actual brewers have agreed to attend the event to speak about their products. This festival will allow you to not only sample some of the absolute best beers in the world, but also learn about them. ■ Tickets will be $20.00 which will entitle you to (6) 4oz. servings (equivalent to 2 beers) and a souvenir glass from the event ■ No one under the age of 21 will be allowed in the area (no children or pets) ■ Patrons will be required to present a valid ID to the police at the entrance and a bracelet with (6) tickets attached will be placed on their wrist ■ Tipps certified staff will remove a ticket from the bracelet with each sample disbursed. Once a bracelet has all of its ticket removed, no more sampling will be allowed • Food- in an effort to be "true" to the style of the event, we would like to pair food with the appropriate style of beer (i.e. a Stout beer w/ a dessert food). We would partner with local food businesses to achieve this goal. The food vendor tents would be located within the "Oktoberfest" area. ■ Music- we are hoping to have an Oom-pah band play a wide variety of music including Polkas, Mazurkas, Schottishes, Waltzes and Landler. Safety- members of the planning committee have met with both the Chief of Police and Director of Reading Coalition Against Substance Abuse. We intend to make every effort to adhere to their recommendations for the safest event possible. Permitting- we will be seeking a special alcohol license and any required Health Department permits. , r e` 57 Lastly, attached please find an article referencing the Newburyport Beer Festival which is a much larger event, but similar in the type of community and feel for your review. Sip or swill: Brewfest sets out to dazzle beer lovers By Carol Feingold/newbuiyport cnc.com Fri Jul 11, 2008, 08:18 AM EDT Newburyport - With airfares - and the accompanying fees - mounting daily, there is no need to fly to Munich for Oktoberfest this year. Stay home and go to the Newburyport Brewfest Wednesday, July 30 instead, where festival goers can eat, drink and be merry, and help the environment while they're at it. All proceeds from the Newburyport Brewfest will benefit the C-10 Research and Education Foundation, a nonprofit organization dedicated to promoting clean, safe, sustainable energy alternatives. "This is the second year C-10 is hosting the Brewfest," said Natalie Hildt, C-10 board member and co-chairwoman of marketing for the Brewfest. "We are very excited about the changes we've made based on what we learned last year." "For example, this year we've got more brewers, more tastes, and a new tasting sized glass that will eliminate confusion about over-pouring. The Brewfest used to be sponsored by the Maritime Society, and from what I've heard, one of the reasons they stopped doing it a few years back is problems with people getting a bit too raucous. Hildt said it's a tough balance between wanting people to have a good time, and not letting things get out of hand. "We hope to sell out with 800 tickets, and we are committed to making sure that everyone enjoys themselves and makes it home safely," she said. The Brewfest won't be rowdy, but it will be fun. There will be more than 30 craft beers from brewers around the country, food prepared by local favorites The Grog and David's Tavern to'compliment those brews, and dancing to the music of local legend E7 Ouellette & Crazy Maggy. Led by EJ Ouellette on fiddle, guitar and vocals, Crazy Maggy updates the roots of traditional fiddle music by blending ancient melodies with new arrangements, contemporary lyrics and a myriad of dance grooves. "I think we've got some great improvements in place, such as a bigger tent, online ticket sales and a top-notch band that we anticipate will be quite a draw in itself," said Hildt. She described the festival's target audience. "The kinds of people we want to attract are beer connoisseurs, those who appreciate these fine craft beers," Hildt said. "We are excited to be bringing some perennial favorites like Ipswich Ale, as well as some newer beers that have generated some real buzz, like Ommegang, which is made with chocolate." Newburyport resident John Dow, who organized the brewers for the Brewfest, knows his beers. He is the on-premise manager of Seaboard Products of Danvers, which began doing business as a beer, spirits and wine wholesaler shortly after the end of Prohibition. "I think it's going to be a great event," Dow said. "This year, in addition to area brewers, we're bringing in Sierra Nevada out of California; Boulder Beer, Colorado's oldest craft brewery; Abita from New Orleans; and Ommegang, which is located in Cooperstown, N.Y., and. owned by a Belgian brewer that produces the creme de la creme of beers. "These craft beers are very different beers and they have a cult following. There's going to be a blueberry beer made by Wachusett. They sell so much of their blueberry beer in Newburyport that they call it Blueberryport." Among the brewers on hand will be Abita featuring Purple Haze and Jockamo IPA; Allagash, White and Tripel; Boulder, Hazed & Infused and Mojo IPA; Brooklyn Brewery, Brooklyn Lager and Brooklyn Summer Ale; Cape Ann; Geary's, Geary's Pale Ale and Geary's Summer Ale; Gritty McDuff's, Pub Style Pale Ale and Vacationland Summer Ale; and Mercury Brewery, Ipswich Summer Ale and Ipswich Ale. Also, Magic Hat featuring Magic Hat #9 and Magic Hat Circus Boy; Ommegang, Chocolate Indulgence and Hennepin (Farmhouse Saison); Redhook, Longhammer IPA and Widmer; Sebago, Frye's Leap and HefeWeizen; Sierra Nevada; 58 q ~2' Smuttynose, Smuttynose Summerweizen Ale and Smuttynose IPA; Victory, Prima Pils and Sunrise Weissbier; and Wachusett, Green Monsta Ale and Blueberry Ale. The Brewfest will be held Wednesday, July 30, in downtown Newburyport adjacent to the boardwalk along the Merrimack River. Gates, which open at 6 p.m., will be located at the end of the auto entrance to the east parking lot off Water Street. Just look for the big white tent. Last call will be announced at 8:45 p.m. Tickets cost $25 in advance and $30 at the door. To purchase advance tickets, go to www.newbuUportbrewfest.com or call 800-838-3006. The ticket price includes one souvenir glass, 10 four-ounce beer samples, and live entertainment. The Grog and David's Tavern will sell food and nonalcoholic beverages. Outside food and beverages will not be permitted. Though beer will not be available for purchase on the grounds, many local stores in town will sell the beers featured at the Brewfest. Every guest regardless of age should be prepared to show proper identification. No one under the age of 21 will be admitted, including infants and children in strollers. No pets of any type are allowed on the festival site with the exception of ADA service animals. 59 N~ Page I of 1 Schena, Paula From: Sheila Clarke [smwclarke@verizon.net] Sent: Thursday, July 09, 2009 10:50 AM To: Schena, Paula Cc: Hechenbleikner, Peter; Michele Williams Subject: Venetian Proposal Attachments: Venetian Moon Proposal.doc Paula - Would you please include the following proposal in with the BOS packet that goes out on 7/9? This is a separate proposal that we will be presenting to the BOS on 7/14 after the Street Faire presentation. Please do not hesitate to contact me if you have any questions. Thank you for your assistance - Sheila 60 441&r 7/9/2009 Venetian Moon 2009 Fall Street Faire Draft Business Plan 718109 Goals The Venetian Moon Restaurant located at 680 Main Street in Reading is requesting permission from the Reading Fall Street Faire Committee and the Town of Reading to host a food and beer/wine tent during the First Annual Reading Fall Street Faire on Sunday, September 13, 2009 serving from 12 - 6 pm. Process To collaborate with the Reading Fall Street Faire Committee and the Town of Reading to provide a safe, fun and profitable venue completely funded by the owners of Venetian Moon with a portion of the proceeds to be donated to the Holiday Lighting Festival. Components o 20 x 30 Frame tent (picture A) o 6 water barrels stabilize"ThbJent to ensure''; tp damage to street. o Tent and food will be sufrounded,by crowd OP ontrol barriers (picture B) and 6' Ficus Trees (pi'cture;,C~ 4hount of barriers and ficus trees to be determined,by'VM t'I f=aire Committee once final area is measured and awarded. o A total enclosed'`tent will nofibe ideal for early September due to heat, o Easily removable'barriers for any reason (emergencies, etc.) o Beer will be served ira) 6 oz piastic'oups. Wine (boz pour) will be served in a plastic wine glass TBD o Any cup/contair f's" Sol'd in tent, empty or not, must be discarded before exiting tent.;; o EVERYONE WILL BE REQUIRED TO HAVE AND PRESENT A VALID ID. o All servers and staff will be Safe Serve certified. 0 2 VIA staff will monitor the exit and control alcohol consumption. Our policy is "who buys the beer/wine, keeps the beer/wine", o 2 VM staff to check and validate all ids, and to control crowd flow into tent. A unique/non -transferable hand stamp will be used on patrons that are 21 This will validate to the beer pourers of their age. o Reading police detail will be present to assist if needed in crowd control only paid for by VM. o A max number of patrons is TBD. 0 5 VM staff to pour, maintain, control all beer taps. 61 4,e,< o There will be 5 different beers. These will include, but not limit to; Sam Adams, Sam Seasonal (Oktoberfest), Corona, Heineken, Amstel Lite, Sam Lite o There will be 4-5 wines. These wines are TBD o Two 6 foot propane grills manned by VM kitchen staff. o Two 5 foot refrigeration units on casters to keep grill foods fresh, o Proposed grill foods may include but not limited to steak tips, hamburgers, sausages and hot dogs. o Covered bread rack to hold bread/buns etc. as well as supplies/prep table. o Covered containers for condiments, proper utensils`for cooking and serving, proper utensil and table sanitation solutions o Trash receptacles placed inside tent and inside perimeter of barriers. o No smoking will be allowed within the tent and:surround n,g perimeter. o Insurance will be supplied for tent by VM 'This will be a rider;'under C.A.C. Foods Inc. Requirements for components listed below. ,E: r11.1 Requirements Electricity - To be determined Permits o Propane Permit o Electrical Permit Security - Detail officer plus Venetian Moon staff Specifications Picture A - 20 x 30 Canopy Tent 62 Picture B - Barricade 63 Picture D - Draft diagram of placement of canopy tent exact location TBD by the Reading Fall Street Faire Committee. Barrier placement determined by awarded space and its needs. 5 -y •k L1G,, l Sy t~Ew IVL.Y, I - s s ti m xts ~ X t ~Mlu. T-66 a, f cl a:as 11D to C GJit++M6R ~ww ~ .}n I~~ l ' I . aROER v ~ V~'NET'tAN /•toofJ t3M~t-0Y EE ThBLE /~a~~~. pi 2,. Q x 3 O` r $ E ER TENT ~x3 6R ; i s4un4i6 = a k~- DBWMLK S: TA4Ltr . ~ i ;k 11.4 C cm~ ' i_ . ~ p d N I S H- A P SUmmaly The Venetian Moon would like.,to take part in this event as a main feature attracting adult patrons to the'f 5tival..We are a family owned business located in prime downtown location (6$b Main Street) since 2001. The business has never had a liquor violation in our tenure in Reading. We will oversee and fund all the details of the venue including all permits, insurance and security. We would like to partner with the Reading Fall Street Faire anclJown of Reading to. run a major feature of the Faire that will draw a large crowd to downtown area with a portion of proceeds being donated back to the Holiday Light Festival. Throughout the year we support many local charities such as such as Creative Arts, the Food Pantry, The Arc of Middlesex, Reading Little Leagues, Reading School system and the Chamber of Commerce. 64 ~ We are a long standing member of the RNR Chamber of Commerce and recently participated in the Holiday Lighting Festival inside the restaurant with indoor events for children and allowed the public to use our restrooms, Contact Information Anthony Cavallo Email: Anthony@venetianmoon.com Cell Phone: 617-257-4441 65 q.Zq Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, June 25, 20091:41 PM To: Reading - Selectmen Cc: Schena, Paula Subject: Liquor License questions for Town Counsel Here is what I have from the Board of Selectmen meeting Tuesday night as to questions that the Board of Selectmen would like Town Counsel to answer on July 14: Please review them to make sure that I have understood the questions correctly and am conveying the intent of them to Town Counsel. If you could respond by next Tuesday, then Paula will put it together in final form and send it to Town Counsel. 1. The recent approval by Town Meeting, the legislature, and the voters allows the Board of Selectmen to develop policies and issue Restaurant All Alcoholic licenses to establishments with fewer than 100 seats. This might be interpreted in 2 ways, and the Board of Selectmen needs to know which is correct: • Any of the current allotment of All Alcoholic Restaurant licenses can be issued with no limitation on the number,of seats, except as the Board of Selectmen shall determine through policy. The Town has 25 All Alcoholic Restaurant licenses available, and under this interpretation, any of those can be issued for any number of seats subject to conformance with a Board of Selectmen policy to be developed • The Town has 5 "beer and wine" Restaurant licenses with under 100 seats available to issue. Under the recent approval, any of those can be issued for either just beer and wine, or for all alcoholic beverages. 2. Can the Board of Selectmen deny a Package Store license to an otherwise qualified licensee? If so, on what grounds could a denial be made? 3. Can the Board place a condition on the renewal of licenses that states that in the event of non-use (failure to perform) of the license, it will be immediately surrendered to the Town? 4. What is the process for revocation of a license, and should it be more clearly spelled out in the Board of Selectmen policy? 5. Can the Board of Selectmen place limits on what forms of consideration the Board may impose by policy on the transfer of a license. The Board of Selectmen is aware that a licensee cannot "sell" a license, but apparently there are other considerations such as consulting fees that can pass between transferees. 6. If a licensee wants to relocate, does the Board of Selectmen have any discretion as to approving or not approving such a transaction? _ qr 66 6/25/2009 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 Y Conservation Commission ➢ Economic Development Committee ➢ Historical Commission ➢ Board of Health A 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 ➢ Land Bank Committee Housing Authority Library Department ➢ Cultural Council Department of Public Safety ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fire Department Department of Public Works ➢ Board of Cemetery Trustees ➢ MWRA ➢ Town Forest Committee ➢ Recreation Committee ➢ Downtown Steering Committee Reading Municipal Light Department School Department 67 Nh Board of Selectmen Meeting June 16, 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, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Ron O'Keefe, Jr., Barbara Stewart, Bob Redfern, Jeffrey Perkins, Angela Binda, David Williams, Bing Xai, George Katsoufis, Doug Greene, George Rio, Kara Fratto. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Camille Anthony noted that she attended a meeting of the Fall Street Faire Committee today. They received a loan from the Celebration Trust Fund. The money will be used for deposits for certain events and repaid to the Trust Fund after the event. Town Manager's Report The Town Manager gave the following report: • Collins Field Rededication - June 18th at the Parker Middle School - 5:30 p.m., weather permitting. • Follow-up on Mosquito Spraying Program. • Follow-up on YMCA Learn to Swim Program. • What is the Board's intent with respect to the BCC chairs and vice-chairs training - in September? What assistance do you need from staff? • Community Services Director and Town Planner Carol Kowalski is leaving the Town of Reading's employ to take a job as Town Planner in her home town of Arlington. • 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 $2800. How do you want to proceed? Install the ramp or remove the crosswalk. The Board directed the Town Manager to seek a Reserve Fund Transfer for the funding. • Glen Road was paved yesterday following the installation of a new sewer line. • Tennis Court painting next week - weather permitting. Assistant Town Manager's Report - Bob LeLacheur noted that the Energy Agreement with NORESCO was approved by the School Committee by a 'vote of 6-0-0. It is a $5.47 million total cost. 68 Board of Selectmen Meeting - June 16 2009 - Page 2 Personnel & Appointments Board of Appeals - The Board interviewed Robert Redfern and Jeffrey Perkins for positions on the Board of Appeals. Anthony moved and Bonazoli seconded to place the following names into nomination for two positions on the Board of Appeals with terms expiring June 30, 2012: Robert Redfern and Jeffrey Perkins Each applicant received five votes and were appointed. Board of Health - Tafoya moved and Bonazoli seconded to place the following name into nomination for one position on the Board of Health with a term expiring June 30, 2012: Barbara Meade Ms Meade received five votes and was appointed. Cities for Climate Protection Program Committee - The Board interviewed David Williams and Bing Xai for positions on the Cities for Climate Protection Program Committee. Tafova moved and Bonazoli seconded to place the following name into nomination for one g position on the Cities for Climate Protection Program Committee with a term expirin June 30, 2012• Ray Porter. Mr. Porter received five votes and was appointed. Tafova moved and Bonazoli seconded to place the following names into nomination for two Associate positions on the Cities for Climate Protection Program Committee with terms expiring June 30, 2010• David Williams and Bing Xia Each applicant received five votes and were appointed. Community Planning .and Development Commission - The Board interviewed George Katsoufis for a position on the Community Planning and Development Commission. Tafova moved and Schubert seconded to place the following name into nomination for one position on the Community Planning and Development Commission with a term expiring June 30, 2012• Claire Paradiso Ms Paradiso received five votes and was appointed. Tafova moved and Bonazoli seconded to place the following name into nomination for one Associate position on the Community Planning and Development Commission with a term expiring June 30, 2010:.Geor a Katsoufis. Mr. Katsoufis received five votes and was appointed. Conservation Commission - The Board interviewed Doug Greene and Barbara Stewart for positions on the Conservation Commission. Anthony moved and Bonazoli seconded to place the following names into nomination for three positions on the Conservation Commission with terms expiring June 30, 2012: Douglas Greene, Barbara Stewart and Brian Tucker. Each applicant received five votes and were appointed. Sat 69 Board of Selectmen Meeting,- June 16 2009 - Page 3 Constables - Tafova moved and Bonazoli seconded to place the following name into nomination for one position as Constable with a term expiring June 30, 2012: Thomas Freeman Mr. Freeman received five votes and was appointed. Council on Aging - Tafova moved and Bonazoli seconded to place the following names into nomination for two positions on the Council on Aging with terms expiring June 30, 2012: Margaret Have and Marguerite Bosnian. Each applicant received five votes and were appointed. Economic Development Committee - The Board interviewed George Rio and Kara Fratto for positions on the Economic Development Committee. Tafova moved and Bonazoli seconded to place the following name into nomination for one position on the Economic Development Committee with a term expiring June 30, 2012. George Rio Mr. Rio received five votes and was appointed. Tafoya moved and Anthony seconded to place the following names into nomination for three Associate positions on the Economic Development Committee: John Russell, Michelle Ferullo and Kara Fratto Each applicant received five votes and were appointed. Historical. Commission - The Board interviewed Angela Binda for a position on the Historical Commission. Tafoya moved and Bonazoli seconded to place the following name into nomination for one position on the Historical Commission with a term expiring June 30, 2012: Kathryn Greenfield Mrs Greenfield received five votes and was appointed, Tafoya moved and Schubert seconded to place the following name into nomination for one Associate position on the Historical Commission with a term expiring June 30, 2010: ted. Angela Binda Ms Binda received five votes and was appoin Housing Authority Anthony moved and Tafoya seconded to place the following name into nomination for one position on the Housing Authority with a term expiring June 30, 2014: Timothy Kelley. Mr. Kelley received five votes and was appointed. Land Bank Committee - Tafoya moved and Bonazoli seconded to place the following name into nomination for one position on the Land Bank Committee with a term expiring June 30, 2012 Edward Smethurst Mr. Smethurst received five votes and was appointed. Trails Committee - Tafova moved and Bonazoli seconded to place the following names into nomination for two positions on the Trails Committee with terms expiring June 30, 2012: Thomas Gardiner and Susan Giacalone. Each applicant received five votes and were appointed. 70 Board of Selectmen Meeting- June 16, 2009 - Page 4 Bonazoli moved and Schubert seconded to place the following name into nomination for one Associate position on the Trails Committee with a term expiring June 30, 2010: John Parsons Mr. Parsons received five votes and was appointed. West Street Historical District Commission - No applicants. Discussion/Action Items Hearin_g,_ Stop Sign on Pine Ridge Road at Oak Street - The Secretary read the hearing notice. The Town Manager apologized for the fact that the stop sign was installed before the hearing. He noted that the Joshua Eaton PTO Safety Committee brought this issue to the Safety Officer. He also noted that the sight distance is not optimal. He has received two calls from people not happy with the sign, and there is a letter in the handout from Janet Latham who does not want the sign. The Town Manager noted that there have not been a lot of accidents there, and they are trying to be proactive. Selectman Richard Schubert asked if someone could be ticketed for not stopping without a sign, and the Town Manager indicated that he did not know. The consensus of the Board was that they wanted to see the request for the stop sign and documentation as to why Pine Ridge Road was chosen. A motion by Bonazoli seconded by Tafoya to close the hearing on the stop sign on Pine Ridge Road was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 b_y_ adding to Appendix A12, Section 6.12: Street Location Pine Ridge Road Northbound at Oak Street failed by a vote of 0-5-0. Review Draft Policy - Ad hoc Municipal Building Committee - The Town Manager reviewed the draft policy. He noted that "municipal" is all Town and school buildings. The term expires December 31, 2010 and the purpose will be to look at building needs for the next 10 years. He also noted that he spoke with the Superintendent of Schools and Vice Chairman Ben Tafoya talked to the Library about this matter. Chairman Stephen Goldy noted that we have a Facilities Department to tell us what we need, and his conversations with the School Department indicated that they were not interested. Vice Chairman Ben Tafoya noted that Oakland Road and the cemetery garage need to be considered. He feels that we should have a committee to tell us what our space needs are. sa 71 Board of Selectmen Meeting - June 16, 2009 - Page 5 Selectman James Bonazoli noted that the schools and the Library are already doing this, and he doesn't see any value in this. Selectman Richard Schubert noted that this would be a planning exercise that may or may not build awareness and could get to the point of a master plan. He also noted that if the Town had a master plan, then Longwood Poultry Farm might have been a priority. The consensus of the Board was to schedule a joint meeting with the School Committee, Library Board and Finance Committee to discuss the concept. Discussion re: Cell Phone Licenses - The Town Manager noted that there are currently cell phone installations on the Auburn Street Water Tower, on Summit Towers and Addison-Wesley. The existing company needs more cell space and other companies need locations in Reading. There is already a proposal for Beacon Street. The Town needs to find out if there are locations on public property where cell equipment can be installed. Current proposals are on flag poles at schools, the light poles at the Stadium, and the hose tower at the Fire Station. The Town Manager noted that he would like community input. He suggests a community dialogue in the Fall. Vice Chairman Ben Tafoya indicated that he will want to see examples of installations. Selectman Richard Schubert noted that the Town needs a process to be proactive. He also noted that residents will not have any say in what it looks like, or have any control if they are installed on private property. Selectman Camille Anthony noted that cell towers on private property would need a permit. She also noted that the community will need to see where the installations can go. The consensus of the Board was to have a community input session with the School Department, and have examples and a process available at the meeting. Consideration of Reviewing Reading Home Rule Charter - The Town Manager noted that Chairman Stephen Goldy requested this item be put on the agenda. In 2005, the Board established an ad hoc Charter Review Committee. Small changes were made, but other changes could not be made because they weren't a full Charter Commission. The Town Manager noted that some of the issues are related to the number of write-in votes for Town Meeting, and perhaps change the term from three to four years due to the low number of people running for Town Meeting. Selectman Richard Schubert noted that this would have to be approved by Town Meeting, then go to the voters, and then back to Town Meeting and then to the voters again. He also noted that this is a two year process. gas 72 Board of Selectmen Meeting - June 16 2009 - Page 6 Vice Chairman Ben Tafoya noted that the turnout of the voters is determined by the stake in the outcome, and certain precincts turn out more than others. He is not sure the Charter process will change anything. Chairman Stephen Goldy noted that Charter changes will not drive interest, but he wants to look at succession planning. He wants to change the powers of the Town Manager and also the budget process. Selectman Camille Anthony noted that she is not interested in going through a two year process without any issues. Bill Brown suggested putting the Municipal Building Committee in the Charter, otherwise the schools can do whatever they want. Vice Chairman Ben Tafoya suggested going through the Charter some night with a one item agenda. Selectman Richard Schubert had concerns over the timing of this, and feels that this could impact replacing the Town Manager. Bylaw Committee Member Ron O'Keefe noted that he would like to change the Charter so that the budget is approved line by line instead of lumping it all together. A motion by Anthony seconded by Bonazoli to adjourn the meeting of June 16, 2009 at 9:50 D.M. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 7- 73 Board of Selectmen Meeting June 23, 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 (arrived 7:20 p.m.), Youth Representative Sarah Mulroy, Town Manager Peter I4echenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Neil Cohen, David Tuttle, Bill Crowley, Damase Caouette, Bill Cowie, Kurt Habel, Vicky Schubert, Charles McDonald, John Douglass. A motion by Tafoya seconded by Bonazoli to go into Executive Session for the purpose of labor negotiations to come back into Open Session at approximately 7:30 p.m. was approved on a roll call vote with all four members voting in the affirmative. The Board reconvened in Open Session at 7:25 p.m. Reports and Comments Selectmen's Liaison Reports and Comments - Chairman Stephen Goldy presented Youth Representative Sarah Mulroy with a Certificate of Appreciation for her participation on the Board for the past year. Town Manager's Report The Town Manager gave the following report: • Oak Tree development update o Interested in moving forward by end of September 2009 - Construction may not begin until Spring 2010. o Will -immediately (6-25-09) make application to the State for housing grant/assistance to get to 25% affordable - Town will write letters of support. o Will use 40R. o Will consider LIP as back-up plan to 40R. o Want to use Town's consultant on 40R to assist them with application for housing grant/assistance. • Collins Field re-dedication at Parker Middle School postponed - will be re-scheduled. • Tennis Court painting this weekend and into next week - weather permitting. • Main Street at Birch Meadow - No Turn on Red. • FINCOM appointment - Kevin Leyne. • State Budget and Local Aid. • Friends and Family Day and fireworks were a great success last Saturday. 74 5,61 Board of Selectmen Meeting - June 23, 2009 - Page 2 Assistant Town Manager's Report The Assistant Town Manager gave the following report: The latest update on the budget is the State Aid Assumption for FY10 Budget was $12.50 million. The Conference Committee assumption is $12.60 million and $994,000 of that is federal money that only lasts two years. The Town used $310,000 from reserves in the FYI 0 Budget but due to changes in health insurance, most of that won't be used. ® Tax billing issues - Related to the first use of MUNIs for that purpose and a good cross over. If residents have an issue with the name or address on the bill, please contact the Collector's Office ASAP so that the issue can be resolved in a timely manner. Personnel and Appointments Board of Appeals - The Board interviewed Damase Caouette for a position on the Board of Appeals. Anthony moved and Goldy seconded to place the following name into nomination for one Associate position on the Board of Appeals with a term expiring June 30, 2011: Damase Caouette Mr. Caouette received five votes and was appointed. Telecommunications and Technology Advisory Committee - The Board interviewed Bill Cowie for a position on the Telecommunications and Technology Advisory Committee. Bonazoli moved and Anthony seconded to place the following name into nomination for one position on the Telecommunications and Technology Advisory Committee with a term expiring June 30, 2012: Bill Cowie Mr. Cowie received five votes and was appointed. Animal Control Appeals Committee - Goldy moved and Bonazoli seconded to place the following name into nomination for one position on the Animal Control Appeals Committee with a term expiring June 30, 2012: Susan Giacalone. Ms. Giacalone received five votes and was appointed. Audit Committee - Goldy moved and Bonazoli seconded to place the following name into nomination for one position on the Audit Committee with a term expiring June 30, 2012: Stephen Herrick Mr. Herrick received five votes and was appointed. Board of Registrars - Goldy moved and Bonazoli seconded to place the following name into nomination for one position on the Board of Registrars with a term expiring June 30, 2012: Gloria Hulse Ms Hulse received five votes and was appointed. Celebration Committee - The Board interviewed Kurt Habel for one position on the Celebration Committee. Anthony moved and Bonazoli seconded to place the following name into nomination for one position on the Celebration Committee with a term expiring June 30, 2012: Kurt Habel Mr. Habel received five votes and was appointed. 5b2 75 Board of Selectmen Meeting - June 23, 2009 - Page 3 Commissioners of Trust Funds - The Board interviewed Neil Cohen for a position on the Commissioners of Trust Funds. Anthony moved and Schubert seconded to place the following name into nomination for one position on the Commissioners of Trust Funds with a term expiring June 30, 2012: Neil Cohen Mr. Cohen received five votes and was appointed. Cultural Council - The Board interviewed Vicky Schubert for a position on the Cultural Council. Bonazoli moved and Anthony seconded to place the following name into nomination for r,n»nnil with n term exnlrmg June 30, 2012: Vicky Schubert. Mrs Schubert received five votes and was appointed. Economic Development Committee - Goldy moved and Schubert seconded to place the following name into nomination for one Associate position on the Economic Development Committee with a term expiring June 30, 2010: Sharon Petersen. Ms. Petersen received five votes and was appointed. Human Relations Advisory Committee - The Board interviewed Charles McDonald for a position on the Human Relations Advisory Committee. . Goldy moved and Anthony seconded to place the following name into nomination for one position on the Human Relations Advisory Committee with a term expiring June 30, 2012: Charles McDonald Mr. McDonald received five votes and was appointed. Gold moved and Schubert seconded to lace the following name into nomination for one Associate position on the Human Relations Advisory Committee with a term expiring June 30, 2010 Randall Jones Mr. Jones received five votes and was appointed. Discussion/Action Items Board of Selectmen Reorganization - Bonazoli moved and Anthony seconded that the Board of Selectmen lace the followin name into nomination. as Chairman of the Board of Selectmen: Ben Tafoya. A motion b Gold seconded b Bonazoli to close the nominations for Chairman of the Board of Selectmen was approved by a vote of 5-0-0, and Ben Tafoya was appointed Chairman by a vote of 5-0-0. Anthony moved and Schubert seconded to place the following name into nomination as Vice Chairman of the Board of Selectmen: James Bonazoli. A motion b Schubert seconded b Gold to close the nominations for Vice Chairman of the Board of Selectmen was a roved b a vote of 5-0-0 and James Bonazoli was appointed Vice Chairman by a vote of 5-0-0. 563 76 Board of Selectmen Meeting - June 23, 2009 - Page 4 Goldy moved and Schubert seconded to place the following name into nomination as Secretary of the Board of Selectmen: Richard Schubert Bonazoli moved and Goldy seconded to place the following name into nomination as Secretary to the Board of Selectmen: Camille Anthony. A motion by Goldy seconded by Bonazoli to close the nominations for Secretary of the Board of Selectmen was approved by a vote of 5-0-0, and Camille Anthony was appoin Secretary by a vote of 4-0-1, with Anthony abstaining. Presentation on Fall Street Faire - This was rescheduled for July 14, 2009. Hearing Policy on Use of Sidewalks for Outdoor Dining - The Secretary read the hearing notice. The Town Manager noted that the issue is to allow by license the use of sidewalks for dining. He also noted that comments from the Chamber of Commerce and comments from Fred Van Magness have been received. Selectman Stephen Goldy noted that #7 indicates "sale is prohibited" yet the policy asks for information and he feels that is not logical. The Town Manager noted that if the Board wants to allow the sale of alcohol, then they will have to look at the liquor policy. . Selectman Stephen Goldy noted that the dates of April 15 - October 15 in #16 could be misinterpreted. Selectman Richard Schubert noted that the policy requires them to remove the tables if there is inclement weather. David Tuttle, Chairman of CPDC, noted that in Hyannis, access along the sidewalks is often an issue. He asked about hours of operation. He also noted that right of way and property lines are not obvious, and the Town Manager noted that there would have to be site plan approval from CPDC and the Board of Selectmen if they go onto the sidewalk. Bill Crowley, Vice President of the Chamber of Commerce, noted that the overall message is a great idea and well received. He asked about location of placement of tables, and noted that Town Pizza has a 12 foot store front. He also asked if they would be allowed to put tables outside of that area. Regarding serving alcohol, the members would like to see a bistro outside. John Douglass, President of the Chamber of Commerce, noted that this is an incentive to bring people into Town and thanked the Board for doing this. Selectman Richard Schubert noted that there is limited space and if there are nine seats or more, then they have to put a fence around the table. He also noted that this will have to be dealt with on a case by case basis. Chairman Ben Tafoya asked how close to the establishment will the tables have to be, and the Town Manager indicated that they need to be adjacent. 5~N 77 Board of Selectmen Meeting_ June 23, 2009 - Page 5 Selectman Stephen Goldy noted that he liked the draft except for #7. He wants to allow alcohol for those establishments with a liquor license. He suggested modeling the policy on Andover's policy. Selectman Camille Anthony suggested moving #8 to another section, perhaps under Standards of Operation, and requested that the date in #16 be changed to October 31st. She noted that in #11 (nine or more seats) is site specific, and the policy should state that the licensor may require that the seats be separated by a fence. Bill Crowley suggested that the Board may require a perimeter fence or the Board may grant a waiver. He suggested also mentioning that the fence is temporary and removable, and site specific by width of sidewalk and size of table. Vice Chairman James Bonazoli suggested listing each item in #11. David Tuttle recommended leaving the prohibition of alcohol in the policy. John Douglass noted that the liquor policy covers advertising on umbrellas. The Board directed the Town Manager to draft two policies - one with liquor and one without liquor. A motion by Anthony seconded by Bonazoli to continue the hearing on the Policy on Use of Sidewalks for Outdoor Dining to July 14th at 8.15 p.m. was approved by a vote of 5-0-0. Review Proposed Amendments to Liquor License Policy - The Town Manager reviewed the club survey and liquor fee survey for all alcohol licenses with less than 100 seats. The consensus of the Board was to drop the language requiring 100 seats, and make no other changes to the policy. Chairman Ben Tafoya requested the Town Manager to check with Town Counsel on whether the Selectmen can deny a Package Store License based on location. Selectman Camille Anthony indicated that she wants to know if there is a timeline for the revocation process. Vice Chairman James Bonazoli noted that he will drop the issue of changing the closing times for clubs. _Approval of Minutes A motion by Goldy seconded by Anthony to approve the Minutes of June 9 2009 was approved by a vote of 5-0-0. 5bit' 78 Board of Selectmen Meeting - June 23, 2009 - Page 6 A motion by Goldy seconded by Anthony to adiourn the meeting of June 23, 2009 at 10:00 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary ~b~ 79 N June 18, 2009 t. 4., Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 . Dear Members of the Board: I am writing to share some exciting news. Coming soon we at Comcast will be enhancing our network in the Town of Reading and delivering the world of digital entertainment to current Comcast subscribers receiving Expanded Basic cable channels 24-69 and 96-98. We will be enhancing our services in order to allow our customers to enjoy the benefits of digital technology at no additional cost. This is not a promotional offer - when completed, customers will have access to these exciting new features: • Access to free On Demand programming; • An on-screen programming guide, with search and parental control functions; • A commercial-free music service with over 40 channels of uninterrupted music; • More HD Choices; • Faster internet speeds; • And more entertainment options than ever before. In order to bring these customers in Reading these new features, Expanded Basic cable channels 24-69 and 96-98 will be transmitted only in digital format after we have converted our signals. This means that customers will need to have either a digital cable box, digital adapter, or CableCard for each television set on which they wish to continue viewing these channels! Only customers choosing a digital cable box will have access to the Comcast interactive on-screen programming guide, On Demand programming and music service. If a customer does not obtain any digital equipment by the time this digital enhancement is completed, their service will be changed to Basic Service channels 2-22, 71-95, 209-229, 237, 283 and 295- 297 and their price reduced accordingly. Please note that this network enhancement is not related to the federally-mandated Digital Broadcast Transition, which was completed on June 12, 2009. In order to make this enhancement as seamless as possible for our customers, Comcast will begin providing digital equipment to its Standard Cable and digital..package customers on June 25, 2009 at no additional cost. Standard Cable customers can receive one digital cable box and up to two digital adapters at no additional cost. Customers requesting more than the one digital cable box and two digital. adapters included as part of their package, would incur a monthly charge of $1.95 for each additional digital cable box"and a monthly service charge of $1.99 for each additional digital,adapter. A quadrature amplitude modulation (QAM) tuner equipped digital television set can be used to view Expanded Basic channels 24- 69 and 96-98, but a digital cable box, digital adapter or CableCARD may be necessary for the full operation of the digital televisions features. F&A 81 Town of Reading June 18, 2009 Page 2 Comcast customers subscribing to a digital package already having a digital cable box for the primary television, can now obtain up to two digital adapters for secondary televisions at no additional cost. Customers requesting more than the one digital cable box and two digital adapters, included as part of their package, would incur a monthly additional outlet service charge of $6.95 for each additional digital cable box and a monthly service charge of $1.99 for each additional digital adapter. A digital adapter will provide access to Basic channels 2-22, 71-95, 209-229, 237, 283 and 295-297 and Expanded Basic channels 24-69 and 96-98. Customers in Reading will be able to obtain equipment during a technician visit, by visiting a Comcast service center, by calling 1-877-634-4434 on or after June 25, 2009 or by going on-line to a designated website to determine the best solution for their homes. As more information becomes available, including the timing of these changes, we will be in contact with you again. In the meantime, if you should have any questions or concerns regarding this matter, or any other cable matter, please feel free to contact me at 978-927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations 82 June 25, 2009 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Service and Channel Line-up Changes Dear Chairman and Members of the Board: tV E3 c~ 110 to w In keeping with our ongoing efforts to provide regular updates regarding our service, I would like to inform you about the following sports programming changes that will affect our Digital Preferred, Digital Classic and Sports Entertainment Package customers. The following changes will occur on August 18, 2009: NFL Network on channel 265/715, NFL Network HD on channel 853, NHL Network on channel 259 and NBA TV on channel 599 will be added to our Digital Preferred and Digital Classic tiers. These channels will continue to be available with our Sports Entertainment Package as well. To view NFL Network HD in high- definition, customers will need a HD cable box and compatible HDTV. A preview of these channels will be available to customers subscribing to these service tiers beginning July 30, 2009. ESPN News on channel 248 and MLB Network on channel 269 will be added to our Sports Entertainment Package. A preview of these channels will be available to customers subscribing to this service tier beginning July 30, 2009. ESPN News and MLB Network will continue to be available with our Digital Preferred and Digital Classic tiers as well. ESPNU will be added on channel 286 as part of our Digital Preferred and Digital Classic tiers as well as our Sports Entertainment Package. A preview of this channel will be available to customers subscribing to these service tiers beginning July 16, 2009. Lastly, ESPN Classic on channel 258 will move to the Sports Entertainment Package and will no longer be available with our Digital Preferred and Digital Classic tiers. Customers have been provided notice of these changes in advance. Should residents contact you with questions regarding these changes, please do not hesitate to direct them to our toll free customer service number: 1-800- COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days a week to answer any questions they may have regarding Comcast products, services and prices. If you have any questions about this or any other issue, please feel free to contact me directly at 978-927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations qb 83 RODMAN RODMAN & SANDMAN ATTORNEYS AT LAW L ( ( June 30, 2009 N S { Re: In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation N ML No. 1358 - Global Settlement ' ow Dear Client: The settlement on your behalf with Global Companies, L.L.C. ("Global") in the above case is now final and funded. Enclosed are the following: (1) Settlement Statement itemizing your gross and net settlement proceeds, attorneys' fees, and expenses; and (2) Settlement check. Thank you for your continued courtesy and cooperation. Should you have any questions, please do not hesitate to contact us. Very truly yours, R Richard M. Sandman Robert J. Gordon Scott Summy RMS:lz Enclosures: as stated r A PROFESSIONAL CORPORATION A • 02148.51 22 442 MAIN STREET • SUITE 300 • MALDEN T E L 7 8 1- 3 2 2- 3 7 2 0 F A X 7 8 1- 3 2 4- 6 9 0 6 W W W. R R S L A W. N E T 84 r115`T 1I1F-y'p"F-G1S~I i.Y,u~uy-aus,gm-M. ?;{~,'y ARON U;DD, Dallas, Texas yew' t ATTORNEYS and COUNSELORS 32-1432/1110 a t _ > (214) 5213605 , X102 Oak Lawn AveSuite 116o a m'' , h` t f Dallas; TX 75219 4 .Y? 1 CHECK No. 1248059: DATE AMOUNT Thousand Three Hundred Five and 80/100 Dollars Tn 06'122/2009 305.80 10 , VOID AFTER 180 DAYS , r, s k zl- : . TO THE F l own of Reading . o}zD1=R of Reading Town :Hall ' l c 7 1 C-r a 3, f, r 16 Lowell Street ks` Reading MA' 01867 i CHGLOBAL-FMB BOTESCROW 1 100 1 04 1 3 ' M AuT ORIZED SIGNATURE. • . . emo SIGNATURE AREA CONTAINS A KNIGHT & FINGERPRINT CHECK WORDING J Y n~L248059u• LLo L4325I: 1108092L95 2It19 ER SIGNATURE IIIIN s M:s CHECK is FR UDUL Ef Z'. PATENT, PiUMBERS ARE PRINTEOVJ3, H (-TEAT SEI14SiTIVE N11K & WiL L DISP?P AP. - WHEid C ILM11IP.IG OR RL'SINC 11-ST NU!Tf3ERS UND ABSENCE OF PINK U.S. PAT BARON & BUDD, P.C., ATTORNEYS and COUNSELORS Settlement Info 04 1100 1 - CHGLOBAL-FMB Date 06/22/2009 Amount Check Number 10,305.80 1248059 REDRDER 915. U.S. PATENT ND. 553B29D, SM508, 6641183, 6785353, 59B4364, BD3000D ~v 85 BARON & BUDD, P.C. ATTORNEYS AND COUNSELORS 3102 OAK LAWN AVE., #1100 DALLAS, TEXAS 75219-4281 (214) 521-3605 SETTLEMENT STATEMENT IN RE: Town of Reading Settlement: 09 4925 - 04 1100 1 Global Companies, L.L.C. 15,521.54 Total Settlement 15,521.54 Less Attorneys fee (33.33%) 5,173.85 Less Partial Litigation Expenses Referring Attorney Costs 41.48 Misc. Postage Copies, etc. .41 Sub Total Expenses 41.89 Balance Due Claimant 10,305.80 qc-;3 1248059 06/23/2009 86 ~ 1 (~41 01 July 2009 Pete Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 02114 RE: Carol Kowalski, Recognition of Outstanding Service and Counsel The Economic Development Committee (EDC) would like to recognize Carol Kowalski for Outstanding Service and Counsel to the community and to our committee. As you know, Carol joined us when we were a young upstart committee and shepherded us through our first year. During the past two years we have worked together, she has helped us create our work plan, put together the Economic Development Activity database both for interested developers and a more detailed profile for the EDC, and guided us through the Sign Bylaws, just to name a few things on a long laundry list of achievments. As you know, we have a lot of energy and often have gone well into a Wednesday night; despite putting in a full day of work, Carol has always given us her time, energy and insight. We can say without hesitation that Reading and the Economic Development Committee are in a better place due to her professional wherewithal. With sincere regard, Meghan Young-Tafoya Economic Development Committee, Chair cc: Carol Kowalski, Community Services Director/Town Planner Board of Selectmen 87 Page I of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, June 23, 2009 4:10 PM To: Schena, Paula Subject: FW: Franklin Street Zoning Issue... Attachments: FranklinStreetOpenLetter-2009-APR-06.doc I/c Board of Selectmen From: rpsrweston@comcast.net [mailto:rpsrweston@comcast.net] Sent: Monday, June 22, 2009 3:03 PM To: Town Manager; Knight, Maureen Subject: Fwd: Franklin Street Zoning Issue... Peter, Here's your personal copy. qc6os Maureen, Would you make sure Carol sees this, and preps the CPDC for tonight's meeting. Thanks, Ron Forwarded Message From: rpsrweston@comcast.net To: "Carol Kowalski" <ckowalski@ci.reading. ma.us> Cc: amccabe@ci.read ing.ma.us, "Jim Sopchak" <pitchjim@comcast.net>, "Bob Nordstrand" <nordstrands@aol.com>, "Scott DeLuca" <scottdeluca@yahoo.com>, "Jason Scholten" <sjscholten@comcast. net> Sent: Monday, June 22, 2009 2:58:33 PM GMT -05:00 US/Canada Eastern Subject: Fwd: Franklin Street Zoning Issue... Carol and Peter, You may have heard that last Thursday evening, the ZBA upheld the Building Inspector's issuance of a permit to build a house at #355 Franklin Street, within 11.1 feet of the Scholten property. The abutters are shocked and appalled. Everyone, except the greedy owner and developer, think the project is ridiculous, but so far, no one in responsible charge at the town hall, either paid full time, or in a volunteer or elected capacity, is doing anything concrete to fix things. Town Counsel provides legal advice to the ZBA and developer. The ZBA claims their hands are tied. And we poor taxpayers, residents, and abutters, fume as this travesty unfolds! When is "Town Hall" going to begin to help residents on real and tragic cases such as this? Let's talk. For now, please forward a copy of the attached "Open Letter to the Board of Selectmen" to the CPDC. I will see you at tonight's meeting. 88 6/23/2009 Qe. I Page 2 of 2 Ron Forwarded Message From: "Jim Sopchak" < pitchji m@comcast. net> To: selectmen@ci.reading.ma.us Cc: townmanager@ci.reading.ma.us Sent: Monday, April 6, 2009 10:49:22 PM GMT -05:00 US/Canada Eastern Subject: Franklin Street Zoning Issue... Dear Town Selectmen, I do hereby submit, on behalf of the Abutters and Neighbors of #355 #361) Franklin Street, the enclosed "open letter" which expresses our continuing concern and frustration regarding what we consider a zoning catastrophe in our town. Over the course of more than a year now, we have conversed about this issue with many, many townspeople, including quite a few involved in town government and committees. We're left hard-pressed to name one person, who could honestly say that the proposed development of these two "manufactured" lots is in keeping with the composition of our neighborhood, much less desirable for the town. As such, we feel that whatever processes should be in place to protect town residents from such incongruous development must be either broken, outdated, or missing. Simply put: If there is no one who thinks it's a good or proper thing, then why is it happening? We welcome your recommendations on how we might best address and fix this problem. I would also like to request a short audience with you at your next meeting to publicly express our thoughts on this subject. Thank you for your consideration of this matter. Sincerely, Jim Sopchak 364 Franklin St. Reading, MA 01867 781-944-5264 89 6/23/2009 Page 1 of 1 4~c 16 0.5 Schena, Paula From: Reading - Selectmen Sent: Thursday, June 25, 2009 10:58 AM To: Hines, George; Anthony, Camille; James Bonazoli forwarding account; Goldy, Stephen home account; Rick Schubert Multiple Addresses; Ben Tofoya Cc: Schena, Paula Subject: RE: Outdoor dining regulations Dear George: Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting, and your comments will be considered on July 14 when the Board of Selectmen continues the hearing on the "Outdoor Dining License" policy. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. Thank you again for contacting the Board of Selectmen. Camille Anthony Secretary Reading Board of Selectmen 1/c Board of Selectmen From: George [mailto:gvhines@verizon.net] Sent: Thursday, June 25, 2009 7:47 AM To: Anthony, Camille; James Bonazoli forwarding account; Goldy, Stephen home account; Rick Schubert Multiple Addresses; Ben Tofoya Cc: Hechenbleikner, Peter Subject: Outdoor dining regulations Sorry I could not attend the meeting when the regulations were being discussed but as a big fan of al fresco dining I'm glad the idea is being encouraged. One suggestion to include would be a minimum sidewalk clearance that would have to be maintained for safe convenient passage of pedestrians. This should be an absolute that is mainatained to avoid the potential for subjectivity being injected into any approval process and causing the potential for claims of preferential treatment. George V. Hines 35 Grand St. Reading, N 01867 90 6/25/2009 YC", WA TER TANK INSPECTION REPOR T For the Town of Reading, MA Of the I I I I I I 1 I 1 I 1 1 1 May 20-21, 2009 490 Industrial Park Road Deep River, CT 06417 Tel: (860) 526-2610 Fax: (860) 526-5018) wN, w. extechllc. cony 91 tM L 750K Auburn St. Elevated INTRODUCTION On May 20 &21, 2009 EXTECH representatives, Ted Lund, Brian Klatzko & Patrick Dyer performed a corrosion and structural assessment of the exterior and interior of a potable water storage tank for the Town of Reading. The inspection was conducted to establish the current condition- of the tank's coatings and steel substrate. The tank inspected included: 750,000 Gallon Auburn Elevated Tank The tank was inspected in accordance with the latest version of AWWA D101-53 (86R) standard for water tank inspections and the M42 AWWA Tank Guidance Manual. The interior of the tank was inspected with the tank empty after it was cleaned by the inspection crew. The exterior portions of the tank was inspected by walking the roof and shell portions-that were accessible from the vertical ladder, and portions that could be inspected from tank's base. The objectives of the assessment were to; 1. Perform field inspections and tests to assess the structural and coating integrity of the tank. .2. Review the safety compliance of tank ladders and access. 3. Review sanitary conditions and protection 4. Provide recommendations for rehabilitation. 0 RECOMMENDATIONS 750,000 Gallon Auburn Rd. Elevated Tank The displacement of the four interior roof trusses should be reviewed and possibly investigated E by a knowledgeable licensed structural engineer. Extech has worked with Harry Shepard, P.E. on other tank roof structural issues and may be a source for the investigation of the potential problem with this tank. Mr. Shepard's contact information is: Harry Shepard & Associates Waterbury, VT Phone: (802) 244-0979 E-Mail - hshepard@hjshepard.com In addition to the interior roof truss issue the interior coating is failing and should be addressed in the next 2-3 years to prevent deep pitting. The current coating in the tank is nearly 100% blistered but is very thick an will be expensive to blast off. As an alternative to interior coating an impressed current cathodic protection system would halt interior pitting below the water line and in the riser at a much reduced cost. Ultimately the interior roof area will require painting as the cathodic protection system will not protect above water surfaces: The roof vent should be fitted with a fine mesh bug screen to meet current general industry sanitary practices. The leg and shell ladders should be equipped with safety climb cables. Estimated Costs: Interior Full Blast and Repaint Interior Impressed Current Cathodic Protection Ladder Safety Climbs Roof Vent Bug Screen $300,000 $ 17,000 $ 3,000 $ 1,650 NACE Certified Inspector #00050 II> 8 93 ~~x(/12~ZJ• ~~'/'G~ c.C!JCO'GZ~KC•LO ~1/~c~ 8:30 a.m. Optional Tour of Aquaria Desalination Plant 10:30 a.m. Registration 11:00 a.m. Awards Ceremony Welcome: Master of Ceremonies Paul Howard, President of MWWA Keynote Speaker Gary Moran, Deputy Commissioner of MassDEP Awards Presentation to Closing Remarks Ray Raposa, NEWWA 12:00 noon Barbecue Lunch 1:30 a.m. Optional Tour of Aquaria Desalination Plant ~r•~~r/riie,~ ~i/ rater- • t<<?xai 2~ c1-f/ic=~tdctxerl. Barnstable County Water Utilities Assoc. Mass Rural Water Assoc. Middlesex-Worcester Co. Water Works Assoc. Plymouth County Water Works Assoc. Southeast Drinking Water Fair Committee MasSDEP Massachusetts Water Works Assoc. New England Water Works Assoc. RCAP Solutions Western Mass Water Works Assoc. T Syr, r :i i " (7i x GG 6 ( CLL17 Cheshire Water Department East Northfield Water Company West BrookfieldWater Department `%y uum and ~o~rriiru~rti Bridgewafer'Water Department D.artmorithWater Division Euston Water Division Halifax Water Department" Harwich Water Department to Mashpee Water District NewburyportWater Department 3 Orange Wafer:Department t lti y~a Orleans Water.* Department: Westford Water Department ' 1~ I IMP va V4?2d8P,llf~lf~ V . ' E ~ e ~l 'Boston-Water and Sewer Commission r" „au' 2 Lynnfield. Water District ' kw % North Dighton Fire District + Reading Wafer District r Rings Island. Water District c/XQ~2~/,~A/!'l~l,P/I2t t/YO~!GCf1717/It7~~~7.L~~ Green Meadows School v ~%~{~at~ : ~oa2d~xuaJ,irm <<~~ xc~ Sharon Water Department Westford Water Department Cambridge Water Department I law 01 Dunstable Water Department Framingham.Water Department Framingham Public Schools Gloucester DPW Water Department Gloucester Public: Schools Springfield Water and Sewer Commission The Children's Study Home The Commonwealth of Massachusetts Department of Environmental Protection Drinking Water Program 201J S 1c6~ atP>~ ~~in ~~1~ i~cG =J` is presented to Reading Water District PWS ID 3246000 For Outstanding Performance and Achievement in 2008. David Y. Terry - Program Director MassDEP Drinking Water Program s s -L3 commonwealtb of AaooarD e6b ¢ ( ~..NN••••• A Heading Water District S' --s ON BEHALF OF THE CITIZENS OF THE COMMONWEALTH OF MASSACHUSETTS, WE ARE PLEASED TO CONFER UPON YOUR DEPARTMENT THIS GOVERNOR'S CITATION IN RECOGNITION OF YOUR DEDICATED SERVICE IN MAINTAINING A SAFE AND ABUNDANT SUPPLY OF CLEAN WATER AND IN APPRECIATION OF YOUR COMMITMENT TO PROTECTING THIS VALUABLE NATURAL RESOURCE. THIS TWENTY FIFTH DAY OF JUNE IN THE YEAR 2009 1 DEVA.L L. PATRICK TIMOTHY P. MURRAY Governor Lieutenant Governor r- 4 COMMONWEALTH OF MASSACHUSETTSq(_ i ' wtl DEPARTMENT OF TELECOMMUNICATIONS AND CABLE t F< a 7, VW 7M Sy0 NOTICE OF PUBLIC HEARING ON CABLE TELEVISION RATES D.T.C. 08-6 June 25, 2009 Comcast Cable Communications, Inc. Re: Review of Proposed Basic Service Tier Programming, Equipment, and Installation Rates. On October 31, 2008, Comcast Cable Communications, Inc. ("Comcast") filed with the Department of Telecommunications and Cable proposed basic service tier programming, equipment, and installation rates for the communities in Massachusetts served by Comcast that are currently subject to rate regulation. r-a Pursuant to G. L. c. 166A, § 15, and 207 C.M.R. §6.03, the Department of Telecommunicatiop and Cable will hold a public and evidentiary hearing to investigate Comcast's proposed basic service tra-E programming, equipment and installation rates. The hearing will take place at: r y I 10:00 A.M. Thursday, July 23, 2009 Department of Telecommunications and Cable One South Station, 2nd Floor Hearing Room C Boston, MA 02110 This proceeding has been docketed as D.T.C. 08-6, and is a formal adjudicatory proceeding conducted under G. L. c. 30A and 801 C.M.R. § 1.00 et seq. of the Standard Adjudicatory Rules of Practice and Procedure. Any person who desires to participate in this proceeding must file a written petition for leave to intervene or to participate with Catrice C. Williams, Secretary, Department of Telecommunications and Cable, Two South Station, Boston, Massachusetts, not later than the close of business on Thursday, July 9, 2009. Such petition must satisfy the substantive requirements of 801 C.M.R. § 1.01(9). If possible, petitioners should submit the petition to the Department in electronic format by e-mail attachment to dtc.efiling@state.ma.us..The text of the e-mail or written petition must specify: (1) the name of the cable operator; (2) the docket number; (3) the name of the person submitting the filing; (4) that person's municipal title, if any; and (5) a brief descriptive title of the document (e.g., petition to intervene or participate). The petition should also include the name, title, and telephone number of a person to contact in the event of questions about the filing. atrice C. Wil lams Department Secretary 98 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND CABLE D.T.C. 08<6 Comcast Cable Communications, Inc. Review of Proposed Basic Service Tier Programming, Equipment, and Installation Rates. Catrice C. Williams, Department Secretary Telecommunications and Cable Two South Station, 4th floor Boston, MA 02110 Telephone: 617-305-3580 Facsimile: 617-98-8287 Email: catrice.wil lia m s @state. ma. us Dtc.efiling@state.ma.us Kajal Chattopadhyay Acting General Counsel Department of Telecommunications and Cable Two South Station, 4th Floor Boston, MA 02110 Tel: 617-305-3580 Fax: 617-988-8254 Email: Kaial chattopadhyaygstate.ma.us Kalun Lee Department of Telecommunications and Cable Two South Station, 4th Floor Boston, MA 02110 Tel: 617-305-3580 Fax: 617-988-8255 Email: Kaial.chattopadhyay@state.ma.us Michael Isenberg Director, Competition Division Department of Telecommunications and Cable Two South Station, 4th Floor Boston, MA 02110 Telephone: 617-305-3580 Facsimile: 617-988-8265 Email: mike.isenberg@state.ma.us ~ ~ 2r 99 Michael Mael Analyst, Competition Division Department of Telecommunications and Cable Two South Station, 4th Floor Boston, MA 02110 Telephone: 617-305-3580 Facsimile: 617-988-8269 Email: michael.mael@state.ma.us Mark E. Reilly Comcast Communications 676 Island Pond Road Manchester, NH 03109 Tel: 603 695-1500 Fax: 603 628-3303 Email: mark reilly@cable.comcast.com Warren Fitting Director, Rate Regulation Comcast Cable Communications, LLC One Comcast Center 48th Floor Philadelphia, PA 19103 Tel: 215-286-7405 Fax: 215-286-1079 Email: Warren Fitting@cable.comcast.com 2 ,?'I 3 100 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, July 09, 2009 12:40 PM To: ROBERT LAUTZENHEISE Cc: Reading - Selectmen; Schena, Paula Subject: RE: SIDEWALK CAFES, ALCOHOL Bob Thanks for your email. Whether or not to allow dining on a public sidewalk is up to the Board of Selectmen under current bylaws of the Town. Personally, since you asked, I think it is a good idea. When I travel around I frequently dine out and will often select an outdoor seat if its available and if it is an attractive place to sit. As to serving alcohol at such outdoor seating, it is often done in other places around the commonwealth and other places, and I find no particular personal objection, as long as it is done safely and properly. I know the liquor laws in Reading have changed a lot over the past several generations as the community and as society have changed. I will of course pass your comments on to the Board of Selectmen. Pete 1/c Board of Selectmen ----Original Message----- From: ROBERT LAUTZENHEISE [mailto:rlautzl@verizon.net] Sent: Thursday, July 09, 2009 12:14 PM To: Hechenbleikner, Peter Subject: SIDEWALK CAFES, ALCOHOL Dear Peter: I had always considered sidewalks to be public ways rather than personal property of abutters to use for business. Is this not the law? If this is to be changed, it should be by vote of the citizens and not by a few Selectmen. Certainly tables and chairs would cause inconvenience to the pedestrians for which walks are the purpose. As to alcohol, when I came to Reading this was a dry town and I liked it that way. While am not especially against serving drinks in a restaurant in these times, I do not think that the open streets are the place for it, where kids and youngsters are walking by. Personally, I would not eat on the streets, where auto dust and fumes contaminate and flies are a problem. Would the Board of Health have to pass on this? What is your reaction to this matter? Could you please bring my concern to the attention of the Board? Thanks. Bob Lautzenheiser 1 101 q~