The URL can be used to link to this page

Home My WebLink About2017-11-28 SB HandoutV1 !( o� Town of Reading Meeting Posting with Agenda 63st) COPpO� [l t..i`E"Jt Board - Committee - Commission - Council: �� P 3 Board of Selectmen 1011 Date: 2017 -11 -28 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Agenda: Revised Purpose: General Business Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in Topics of Discussion: format; handwritten notices will not be accepted. 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Continent C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation 4) Personnel & Appointments 5) Discussion /Action Items a. Accept Gift for the Elder Services Division 7 :20 b. Birch Meadow Batting Cages — Reading Little League 7:30 C. Eaton Lakeview Housing project update 7:45 d. Hearing - Approve BOS Policies, Article 3 — Licenses 8:30 e. Approve Liquor Licenses 9:00 f. Discuss Open Meeting Law complaint letter 6) Approval of Minutes a. October 24, 2017 7) Licenses, Permits and Approvals a. One Day Liquor License — RCTV Trivia Night 8) Executive Session 9) Correspondence a. Correspondence from Office of Environmental Analysis, re: New England Transrail b. Email from Bob LeLacheur, re: Introductions C. Email from Boriana Milenova, re: Eaton Lakeview Project d. Correspondence from Grove Street Residents, re: Meadow Brook Liquor License e. Correspondence from Charles Robinson, re: Gary Nihan Resignation f. Correspondence from Brad Jones, re: State Reimbursement g. Correspondence from MassDOT, re: West St Reconstruction This Agenda has been prepared In advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily Include all matters which may be taken up at this meeting. Page I 1 r + jfNCQAp�PP� h. Email from Natalie Balas, re: R.A.D Classes Email from Gina McCormick, re: R.E.D /HRAC Event Invite Town of Reading Meeting Posting with Agenda 1. This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page 1 2 H DRAFT MOTIONS BOARD OF SELECTMEN MEETING NOVEMBER 28, 2017 Arena, Berman, Ensminger, Halsey Friedmann LeLacheur 5a) Move that the funds received by the Town pursuant to the terms of the Fulchino Family Trust, to be accepted on behalf of the Elder Services division by Jean Delios, be expended for capital improvements to the Pleasant Street Center, and that the Board authorize Jean Delios to execute, on behalf of the Board, a release discharging the trustee of the Fulchino Family Trust from all the debts which the Town may hold on account of the Trust. 5d) Move that the Board of Selectmen close the hearing on amending the Board of Selectmen Polices Article 3. Move that the Board of Selectmen approve Article 3 of the Board of Selectmen Policies as amended. 5e) Move that the Board of Selectmen approve the All Alcoholic Club Liquor Licenses for: • Reading Overseas Veterans, Inc. d/b /a Reading Overseas Veterans, 575 Main Street • Meadow Brook Golf Corp. of Reading, MA d/b /a Meadow Brook Golf Club, 292 Grove Street • Home Building Corp. d /b /a Knights of Columbus, 11 Sanborn Street • Reading Veterans' Association, Inc. d/b /a American Legion Post 62, 37 Ash Street for a term expiring December 31, 2018 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee. Move that the Board of Selectmen approve the All Alcoholic Package Store Liquor Licenses for: • HT Reading Liquors LLC d /b /a Baystate Liquors, 345 Main Street • Raksha, Inc. d /b /a Square Liquors, 13 High Street • Jay and Ricky, Inc. d/b /a Ricky's Liquor, 214 Main Street • Anstasi Brookline Inc. d/b /a Reading Fine Wine and Spirits, 25 Walkers Brook Drive • Kajal and Kevin LLC d /b /a Liquor Junction, One General Way • Pamplemousse Inc. d/b /a Pamplemousse, 26 Haven Street for a term expiring December 31, 2018 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee. Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: • Anthony's Coal Fired Pizza of Reading LLC d /b /a Anthony's Coal Fired Pizza, 48 Walkers Brook Drive • Mandarin Reading, Inc. d/b /a Mandarin Reading Restaurant, 296 Salem Street • Mecom, Inc. d/b /a Cafe Capri, 355 Main Street • CAC Foods, Inc. d /b /a Venetian Moon Restaurant, 680 Main Street • Pepper Dining Inc. d/b /a Chili's Grill & Bar, 70 Walkers Brook Drive • The Boland Group III, LLC d /b /a Fuddruckers, 50 Walkers Brook Drive • Bertucci's Restaurant Corp. d/b /a Bertucci's Italian Restaurant, 45 Walkers Brook Drive • RARE Hospitality International, Inc. d/b /a Longhorn Steak House, 39 Walkers Brook Drive • Ristorante Pavarotti, Inca d/b /a Ristorante Pavarotti, 601 Main Street • Unagi Servers Inc. d/b /a Biltmore & Main Bar and Grill, 530 Main Street • KOK, Inc. d /b /a Oye's, 26 Walkers Brook Drive • Bistro Concepts, Inc. d /b /a Fuscilli's Cucina, 107 Main Street • Chipotle Mexican Grill of . Colorado d /b /a Chipotle Mexican Grill, 46 Walkers Brook Drive • RKR Corporation d /b /a Bunratty Tavern, 620 Main Street for a term expiring December 31, 2018 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee. Move that the Board of Selectmen approve the Wine and Malt Restaurant Liquor License for: • Palatat Pattenesuan d/b /a Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2018 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee. Move that the Board of Selectmen approve the General on Premise Wine and Malt Liquor License for: • The Art Lounge LLC d /b /a The Art Lounge on Haven, 78 Haven Street for a term expiring December 31, 2018 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee. 6a) Move that the Board of Selectmen approve the Minutes of October 24th, 2017 as written / amended. Move that the Board of Selectmen adjourn at PM. y t 3 e t AGENDAS 11/28/2017 Responsibility Start time Accept Gift for the Elder Services division LeLacheur 7:20 Birch Meadow batting cages - Reading Little League LeLacheur 7:30 Eaton Lakeview Housing project update Delios 7:45 HEARING Approve BOS Policies Article 3 - Licenses Town Counsel 8:30 Approve liquor licenses LeLacheur 9:00 Approve licenses LeLacheur 9:10 Discuss OML complaint Arena 9 :20 Office Hour Andrew Friedmann 6:30 FY19 Budget Review 7:00 Public Services Delios Administrative Services Kraunelis Finance Angstrom Debt Authorization - tba Kume D� �� 4 ktt �0.. 2017 FY19 Budget Review 7:00 Public Library Lannan & Brzezenski Public Safety - Fire/EMS Burns Public Safety - Dispatch Segalla Public Safety - Police Segalla Public Safety - RCASA McNamara llec ber 8 2017 ti � r z L Nm 3 ... M��n day1, RM � H Meet with School Committee to fill vacancy 7:00 ,.v r; .ih vim. r.. ( ., ... • .r .. o. .,,.., c. FY19 Budget Review 7:00 Facilities Huggins Performance Contracting Results Huggins Killam School building project Dr. Doherty RMHS /Athletic capital projects Dr. Doherty Capital/Debt LeLacheur Benefits, other Misc Costs LeLacheur G;; ? x „r ^ :• 4,;C U,� L }?JYx ''?4 Jw3 j 'fir 1 F.a`i+� k -N"s. �'3' ?�# 4; tit- ,n .i xu,3 5TH -v ,. FY19 Budget Review 7:00 Public Works (gen'l fund) Zager Public Works (Enteprise Funds) LeLacheur 61 4 January 8,_ 20X 8 ` School Gomm Budget�Meeirng Office Hour John Arena 6:30 Discuss BOS Policies: Article 1 General Operating Procedures LeLacheur 7:20 Discuss BOS Policies: Article 2 Volunteers, Boards and Committees LeLacheur 8:30 Selectmen Goals - update LeLacheur 9:30 Tanu7XX, X8 y o Sclioat Coim Bud et 1V�eettn fi g gfi�s� Thursday « x �° rJ�znuafy ,��;�20X8 School Comm�Budget�tl�etang �`� , . '�`' Saturday, x rTar2uary lb; ZOI8 School Comm Budget Alk, rngz uesday ; ;fa�uary �8, 20X 8 , Sc /iool Comm Budgel�Nleelrig Review of a e Community Needs Assessment Kraunelis 7:20 Wayfinding Presentation Delios 8:00 Discuss Downtown Parking process Delios 8:45 Review Town Manager's Budget LeLacheur 9:15 MEN 2�'�` TlN,r* ✓ "``Mhyo Discuss & vote Override Discuss 0 1�'ebrtdry' 2018 FINCOItIfBudget 11Te�11ngK(Scliools) ' Wednesdays j� . _: _, �z:':,r�. �», 1.% >...,,d�Q ;�,.;'v:s,,... isd�..., .f'.,4}.`.i_'. %d�y.a�.t��:yJ..S .w£jA"'� i.,, la.S' fi v:`�i,g,�9...e� � y +eeP� .. 4 ."C..�'. .� `..�,':,. Office Hour John Halsey 6:30 Birch Meadow Recreation Subcommittee LeLacheur 7:20 Approve BOS Policies: Article 1 General HEARING Operating Procedures LeLacheur 8:00 Approve BOS Policies: Article 2 Volunteers, HEARING Boards and Committees LeLacheur 9:00 �T gem u; a,' �...: Close Warrant for April Town Meeting LeLacheur 61 March �, ZQ18 . , FINCOM, Vote,Annual TMWarraizt<Arltcles„ Wednesday 6:30 Office Hour Dan Ensminger `�3��Y.,_.��+��Y�; ��f.*y�'.".�y {�?^',tcf ��i�i �1,.s�u „�rl.. r��:�e��,.:: $�.. ��:,Y�.,�i). �'✓ r��Y�r��f0��h Sy�ynk *��A��kr�w",. .'n.,4r:. r.' i, >.'"';��, LG Office Hour Barry Berman 6:30 April 23; X018 Annual Town Meeting I Monday u _ {Air %l �� 2018 Annual�lTown lYleeting�IZ T w Andrew Friedmann Office Hour 6:30 1VIeeting,4z Y, lYlonday; _t f -.,_ 2,0 u'^_.£° b1b Discuss Cell Tower project Percival Discuss Oakland Road land public process LeLacheur Percy Avenue: improvements on a private way LeLacheur Downtown Parking Segalla eports to BOS Close Warrant: Nov'17 TM by 9/26 vtriy Close Warrant: Apr 118 TM by 2/27 Mar -July -Dec Tri -ann Review BOS /TM Goals Dec & June Semi -ann Appointments of Boards & Committees June Annual Hearing Approve Classification & Compensation June Annual Hearing Tax Classification jOctober Annual Anarove licenses IDecember Annual eports to BOS Town Accountant Report vtriy Economic Development Director Mar -July -Dec Tri -ann RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual BOS Appointed Boards & Committees Annual November 30, 2017 Via first class mail and email (Emilymaughan51 @gmail.com) Emily Maughan 263 Woburn Street Reading, MA 01867 Re: November 9 Open Meeting Law Complaint Dear Ms. Maughan: On November 9, 2017, the Board of Selectmen of the Town of Reading received your Open Meeting Law Complaint, which alleges that the Board failed to properly post notice of an October 11, 2017 meeting. As described in detail below, the Board acknowledged during its November 141 meeting that one of its members may have failed to comply with the requirements of the law. To remedy the potential violation, the Board will produce minutes for the October 11 meeting, and has reminded all members to fully comply with the law moving forward. I. A "Meeting" Under the Open Meeting Law The Open Meeting Law requires that a public body post notice of a meeting 48 hours in advance. M.G.L. c.30A, §20(b). A meeting is defined as "a deliberation by a public body with respect to any matter within the body's jurisdiction," however a meeting does not include the "attendance by a quorum of a public body at a meeting of another public body that has complied with the notice requirements of the open meeting law, so long as the visiting members communicate only by open participation in the meeting on those matters under discussion by the host body and do not deliberate." M.G.L. c.30A, §18. "Deliberation" is defined, in relevant part, as "an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction." Id. In considering whether members of a public body have deliberated, the Attorney General will "look for indicia such as whether the ... public body members were seated with the general public and whether they participated by open participation to conclude that no improper deliberation occurred." OML Determination 2016 -117; see also OML Determination 2012 -72 (same). Furthermore, in certain situations, where less than a quorum of the visiting body spoke during a meeting, the Attorney General concluded that no violation had occurred. See OML Determination 2012 -69 see also OML Determination 2013 -169. 1 All dates refer to the year 2017. io II. October 11, 2017 FinComm Meeting On October 11, the Finance Committee (FinComm) intended to hold a meeting to discuss the Town's Fiscal Year 2019 budget. It properly posted notice of its meeting on October 5. It is the Town's policy that, when a quorum of a public body anticipates attending another public body's meeting, the visiting body will post notice in case a quorum deliberates during the meeting. Since it was possible that a quorum of the Board would attend the FinComm's meeting, the Board directed Town staff to post notice of the meeting, in accordance with this policy. It was not the intent of the Board to deliberate during the October 11 meeting and the posting was only requested because of the Town's general practice.2 However, because Monday was Columbus Day, the notice was posted on Tuesday morning, less than 48 hours prior to the meeting. At the start of the October 11 meeting, the Chair of the Board made a statement that, because the Board had not posted notice of the meeting, it would not be deliberating.3 The members of the Board therefore sat with the general public and apart from each other during the meeting. The FinComm did not afford the Board any special opportunity to address the meeting, and participation by a Board member was allowed only at the discretion of the FinComm Chair. The Board did not vote or make any decisions regarding the Town budget or potential override during the meeting. Furthermore, less than a quorum of the Board spoke during the meeting. When the members of the Board did address the public, they did not respond to or comment upon each other's prior comments. Chairman John Arena's comments were restricted to questions about the presentation and when the School Committee would have additional information regarding its budget. Selectman Berman summarized his understanding of this year's budget process and how it differed from the process in prior years. He also spoke about what he expected the Board to do when it received the proposed budget. All statements made pertained directly to matters under consideration by the FinComm. III. Actions Taken in Response to Complaint The Board received a copy of your Open Meeting Law Complaint on November 9. The Complaint was circulated to all members of the Board. During the Board's November 14 meeting, the Chair acknowledged that a violation of the Open 2 The Board recognizes that the FinComm agenda included a discussion topic regarding the Board and its preliminary thoughts on a potential override. However, the Board had no intention of deliberating on this matter. The Board has no control over the notices or agendas of other public bodies. 3 The meeting may be viewed here: https: / /www.youtube.com /watch ?v= GR63CV- x8dU& list= PLkibnMpzKYxuwaGxNfnJzoL5wX1YcV _kz ( D\k Meeting Law may have occurred by the nature or extent of a member's representations in the FinComm meeting outside a properly posted meeting. To remedy the alleged violation, the Chair shared that the Board would produce minutes of the October 11 meeting, and informed individuals that a video link was available for those interested in watching the meeting. The Chair also reaffirmed the Board's commitment to transparency and compliance with the Open Meeting Law. A copy of the Board's draft November 14 meeting minutes reflecting these statements is attached. The Board fully believes that the statement made by Chairman Arena and the Board members' commitment to comply with the law moving forward, fully remedies any violation that may have occurred. Sincerely, Ivria Glass Fried Encl. cc: Division of Open Government (with a copy of the Complaint attached) Board of Selectmen VACANCIES ON BOARDS, COMMITTEES, COMMISSIONS AS OF 11/28/17 Committee Vacancy Animal Control Appeals Committee 1 associate Board of Assessors 2 associates Board of Cemetery Trustees 3 associates Board of Health 2 associates Board of Registrars 2 associates By -Law Committee 1 member Climate Advisory Committee 1 associate Commissioners of Trust Funds 1 associate Community Planning & Development Commission 1 associate Conservation Commission 1 member, 4 associates Constable 2 members Council on Aging 2 members, 3 associates Cultural Council 3 associates Historic District Commission 2 associates Historical Commission 2 associates Human Relations Advisory Committee 2 members, 2 associates RCTV Board of Directors 1 member Recreation Committee 1 member, 3 associates Trails Committee 1 member, 2 associates Zoning Board of Appeals 1 member, 1 associate To be considered for appointment to any of these positions, please apply at the Town Clerk's office. \3 o�N OF �i � a �ry,J8.1NtONpO�P Town Clerk 781 - 942 -9050 Name: (Last) Address: Phone (Home): Phone (Cell): _ Occupation: _ E -mail address: Town of Reading 16 Lowell Street Reading MA 01867 fax: 781 - 942 -9070 website: www.readingma.gov Application for Appointment to Boards Committees and Commissions (First) Date: (Middle) Phone (Work): Which number should be listed? Number of years in Reading: Place a number next to your preferred position(s) (up to four choices) with number 1 being your first priority. (Please attach a resume if available) Animal Control Appeals Committee Board of Appeals Board of Cemetery Trustees Board of Registrars Celebration Committee Commissioner of Trust Funds Conservation Commission Contributory Retirement Board Cultural Council Fall Street Faire Committee Historic District Commission Housing Authority MBTA Advisory Committee Mystic Valley Elder Services RCTV Board of Directors RMLD Citizens Advisory Board Trails Committee Other Please outline relevant experience for the position(s) sought: Audit Committee Board of Assessors Board of Health Bylaw Committee Climate Advisory Committee Community Planning and Development Constable Council on Aging Custodian of Soldiers' and Sailors' Graves Finance Committee Historical Commission Human Relations Advisory Committee Metropolitan Area Planning Council Permanent Building Committee Recreation Committee Town Forest Committee Zoning Board of Appeals Lindsay Baker 236 Grove St Reading, MA 01867 November 28, 2017 To The Town of Reading Board of Selectmen: I am writing out of concern for the town's Liquor License Policy. I feel that in order to respectfully maintain the safety and relative peacefulness of all of Reading's residential areas, the Liquor License Policy as it is needs to be amended. Of particular importance is the need to include restrictions for businesses designated as "clubs" and "restaurants" specifically located in zoned residential areas. People who live in residential areas in this town should not have to tolerate the regular disruption and risk to safety created when such institutions are present and not held to certain standards or safety and neighborliness. As I am unable to attend the Board of Selectmen meeting on November 28th, I am writing to express my support with my neighbors on Grove Street for amendments to the town's Liquor License Policy. Please consider: - Reducing the allowable hours for alcohol service, - Limiting the service of alcohol to indoors spaces only to preserve the peace of residential areas, restricting service from outdoor decks where diners and drinkers can become quite noisy - Requiring food to be served when alcohol is served - Requiring individual permits for large events - Reducing the speed limit on Grove Street to 25 mph to encourage the tendency to safer driving by visitors and members of Meadow Brook Golf Club, the only club /restaurant located in a zoned residential area in the Town of Reading. As a resident of Grove Street I am specifically concerned that Meadow Brook Golf Club, which currently holds a liquor license in the Town of Reading without what I believe to be sufficient safety and protection of the peace restrictions, intends to pursue construction of a much larger club house, nearly quadrupling its outdoor seating and, potentially, the number of people it serves alcohol to on any given day. I am concerned for the general peace and safety of my neighborhood. Thank you for considering my concerns and suggestions. Sincerely, Lindsay Baker \5