HomeMy WebLinkAbout2009-01-06 Board of Selectmen PacketurHC. l~ Town of Reading
q 16 Lowell Street
g"Co 'R40~P~ Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
MEMORANDUM,
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: January 2, 2009
RE: BOS Meeting 01-06-09
Rick Schubert has office hours starting at 6:30 p.m.
TOWN MANAGER
(781) 942-9043
1 a) At 7:00 p.m. Town Counsel will be in to discuss the AGFA litigation in Executive
Session.
4a) We have two applicants for the Conservation Commission who are available for an
interview on Tuesday night.
5a) The Safety Committee at the Wood End School as well as the Principal has requested that
the circle at the end of the driveway at the Wood End School be designated a fire lane.
Representatives of the School Department will be present at the hearing.
5b) The owner of the Chocolate Truffle at the corner of Main and Green Street has requested
the "blue zone" parking designation for the south side of Green Street from Main to Ash
Street. This area is currently being used by commuters and is currently undesignated for
parking regulations. Designation for the "blue zone" would allow nearby merchants and
employees to park there all day with a $20 sticker, and if spaces are open they would be
available for two hour parking by customers.
5c) The 40R consultant, staff and members of CPDC will be in to discuss the 40R or mixed
use zoning for downtown, to get some direction from the Board of Selectmen prior to
proceeding with more details on this project.
5d) This is the hearing on the liquor policies which was continued at the request of the
Chamber of Commerce. The policies have been sent out to the Board electronically
because the red print is easier to read in that format. I will also have the policies
available at the meeting on the overhead projector and the Chamber of Cormnerce has
also received the red line policies.
5e) Staff has developed as much information as we can on other community's for Town
Manager's salaries and sent that to Rick Schubert at the Board's suggestion.
5f) The Board has previously approved the lease extension for the Reading Ice Arena
Authority and this is on the Board's agenda for them to sign this five year lease
extension.
Page 1 of 2
Hechenbleikner, Peter ) ~ a.v
From:
LeLacheur, Bob
Sent:
Thursday, December 11, 2008 2:45 PM
To:
etobrien@comcast.net
Cc:
Hechenbleikner, Peter; Jackson, Deborah
Subject:
Board/Committee/Commission Comments
Attachments: TAXES.doc
Dear Janice,
There are a couple of factors in Reading that make us a bit different than our neighbors. They include the fact
that residential real estate in town has held its value better than many neighboring communities. For the year
ending January 1, 2008, our single family residences declined by only 2%, whereas the article you cite has
Wilmington dropping by over 5%. Another factor - and a more important one in this specific example - is that
in Reading we tax all property at the same rate. In Wilmington, they have what is called a split rate, under
which the non-residential properties pay a higher rate per assessed value than the residential properties do
(every fall the Reading Board of Selectmen hold a public hearing to set tax policy). A third major difference is
that in Reading we have 92% of the tax base as residential, whereas Wilmington has a larger commercial tax
base. More on why these are important later.
I've attached a short write-up that we have posted on our website that I am hopeful will provide you some
more background on this matter. Please refer to it now as it may be helpful as I wrap up the
Reading/Wilmington story below.
Recently in both Reading and Wilmington, the assessed value of residential property has declined, while for
non-residential property it has actually increased. Thus all else aside, in each town the non-residential
taxpayers will be paying a larger share of the overall taxes, and the residential taxpayers will be paying a
smaller share. Remember from above these three facts:
>Reading residential properties have declined less (so they will pay a bigger relative share of taxes than
residential in Wilmington);
>The tax rates on commercial in Wilmington are higher (meaning non-residential pays even more taxes
than just the relative increase in assessed value would suggest in Wilmington than in Reading);
> Reading has a very small commercial tax base (so increases in non-residential tax bills are shared by
small savings spread across many individual residences)
One final point on commercial development that you refer to. Over a year ago an ad-hoc committee was
formed to study, among other things, the relative share of residential and commercial taxes paid. If you are
interested I can direct you to their reports on our website. One of their findings was that over the past 10+
years, the rate of appreciation of residential property FAR outpaced that of commercial property in Reading.
This fact - which is pleasant for us Reading homeowners - means that homeowners would pay more of the
share in taxes each year.
Your are exactly correct about recent development - there has been a good mix of both residential and non-
residential, and certainly not in the 92% to 8% ratio. If property values of residential and non-residential had
increased at the same rates over this period of time, the recent commercial development would in fact have
eased the tax burden on the homeowner.
I hope this explanation helps - I'm sorry for the length, but what begins as a simple situation in fact has quite a
few moving parts.
12/11/2008
aGI
Page 2 of 2
Please call me directly with any questions. I will copy both the Town Manager (Peter Hechenbleikner) and our
Appraiser (Deborah Jackson) on this note.
Thanks,
Bob
Bob LeLacheur
Assistant Town Manage/Finance Director
Town of Reading
16 Lowell Street
Reading, .NIA 01867
(P) 781-942-6636
(F) 781-942-9037
(E) finance&i. reading. ma. its.
From: Janice O'Brien [mailto:etobrien@comcast.net]
Sent: Sunday, December 07, 2008 8:41 AM
To. finance@ci.reading, ma. us
Subject: Board/Committee/Commission Comments
Request From: Janice O'Brien
Email: etobrien ct7i.comcast.net
Address: 19 Sandra Lane
City: Reading
State: MA
Zip: 01867
Phone: 781-944-1617
Organization:
I have been a resident of Reading for eight years and have three children in the school system. I'm curious as to why our taxes are on
the rise again with all the new commercial development over the past few years. I saw this in this morning's Boston Globe. Needless
to say this is extremely frustrating when the first paragraph of the article indicates that Reading's taxes are going up. The claim was
always that we didn't have enough commercial development but now what's the claim? Is there an explanation for this?? I look
forward to your response.
Rare is the community in which property taxes drop for homeowners, but that's the case in Wilmington. Among other factors,
significant new development in the commercial and industrial categories lifted some of the burden off residential taxpayers, who saw
their single-family homes drop in value from an average of $402,698 to $381,505. The average single-family tax bill for the year is
nearly $48 lower.
In 16 years as Wilmington's principal assessor, Humphrey Moynihan had told homeowners that was possible, but he'd never seen it
happen before. Although the bills reflecting the new values and rates will not be mailed until the end of the month, Moynihan is
already finding himself in an unusual position among assessors: fielding feedback from thankful homeowners.
12/11/2008
~~v
RODMAN .RODMAN & SANDMAN
ATTORNEYS AT LAW
December 31, 2008
a
N
VIA FEDERAL EXPRESS.
r
Peter Hechenbleikner, Town Manager "
Reading Town Hall
16 Lowell Street
Reading, MA 01867
Re: In re Methyl Tertiary Butyl Ether (`MTBE) Products Liability Litigation
MDL No. 1358
Dear Mr. Hechenbleikner:
The settlements that you made with Giant Industries, Inc. and Irving Oil Corporation are
now final and funded. Enclosed please find the following:
(1) Settlement Checks for the net proceeds in accordance with your prior approvals;
and
(2) Settlement Statements (these statements itemize your portion of the total
settlement, attorneys' fees, and your portion of expenses as explained in
correspondence dated December 12, 2007 and February 2068).
We are available to answer any questions you may have related to this settlement. Thank
you for your continued support and confidence.
Very truly yours,
Richard M. Sat lman, Esq.,
Individually and on behalf of
Robert J. Gordon, Esq.,
Scott Summy, Esq., and the
Massachusetts Groundwater Contamination
Group
RMS/lz
Enclosures
A P R O F E S S I O N A L C O R P O R A T I O N
4 4 2 M A I N S T R E E T • S U I T E 300 • M A L D E N • MA • 0 2 1 4 8- 5 1 2 2
TE L 781 -322-3720 • FAX 78 1 -324-6906
W W W. R R S L A W. N E T
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: 08 3417 - 04 1100 1
Giant Yorktown, Inc. 2,133.45
Total Settlement 2,133.45
Less Attorneys fee (33.33%) 711.15
Balance Due Claimant 1,422.30
1158133 12/29/2008
aC/ ~
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: 08 3416 - 04 1100 1
Irving Oil Corporation 13,901.09
Total Settlement 13,901.09
Less Attorneys fee (33.33%) 4,633.70
Less Partial Litigation Expenses
Referring Attorney Costs 73.23
Travel 27.56
Misc. Postage Copies, etc. .41
Sub Total Expenses 101.20
Balance Due Claimant 9,166.19
1158134 12/29/2008
APPOINTMENTS TO BECOME EFFECTIVE DECEMBER 30, 2008
Conservation Commission
Term: 3 years
AwDointine Authoritv: Board of Selectmen
Present Member(s) and Term(s)
Mark Wetzel, Chairman
William Hecht, V. Chair
Tina Ohlson
Douglas N. Greene
Barbara Stewart
Vacancy
163 County Road
73 Martin Road
200 Forest Street
31 Cape Cod Avenue
52 County Road
1 Vacancv
Orig.
Term
Date
Exp.
(05)
2010
(03)
2011
(08)
2011
(00)
2009
(06)
2009
( )
2009
(06)
2010
Annika Scanlon 3 Copeland Avenue
Candidates:
Brian Sullivan
Brian Tucker
*Indicates incumbents seeking reappointment
4a %
CONSERVATION COMMISSION.
Term Three years
Appointing Authoritv Board of Selectmen
Number of Members Seven Members whose terms are so arranged that as
nearly an equal number of terms as possible shall
expire each year
Meetings Twice a month on the second and fourth
Wednesday .
Authoritv Reading Charter - Adopted March 24, 1986
Purpose The Conservation Commission shall have all the
powers and duties given to Conservation
Commissions by the General Laws, by the Charter,
by Bylaw or by Town Meeting vote. Under the
provisions of MGL Chapter 40, Section 8C, the
Town established the Conservation Commission for
the promotion and development of the natural
resources and for the protection of watershed
resources of the Town. Included. are the following:
open space planning.
APPLICATION FOR APPOINTMENT TO BOARDS/COMIISTTEES/COADHSSIONS
Name:,S o (t wa /,,j j r a r~ l'
(Last) (First) (Middle)
Address: ap S~,t fP rives S4-
Occupation: C i V r ( E nr4/ rI 2.. e,1-
Date:
Tel. (Some) 78 1 - 8 8 j
Tel. (Work)(o O 1- o a /S
(Is this number fisted?) Y
# of years in Reading: 4 1
Are you a registered voter in Reading? Y e-mail address: b r 1 a. v) , S U I (r UO ~ C-bo CO ~r u-Z C (D M
Place a.number next to your preferred position(s) (up to four choices) with #1 being your first priority.
(Attach a resume if available.)
-Animal Control Appeals Committee
-Aquatics Advisory Board
-Audit Committee
Board of Appeals
-Board of Cemetery Trustees
Board of Health
Board of Registrars
Bylaw Committee
Celebration Committee
-Cities for Climate Protection
-Commissioner of Trust Funds
-Community Planning & Development Comm.
_LConservation Commission
Constable
-Contributory Retirement Board
-Council on Aging
-Cultural Council
Custodian of Soldiers' & Sailors' Graves
-Economic Development Committee
Finance Committee
Historical Commission
Housing Authority .
-Human Relations Advisory Committee
-Land Bank Committee
MBTA Advisory Committee
~___Metropolitan Area Planning Council
_Mystic Valley Elder Services
-Recreation Committee
_RMLD Citizens Advisory Board
-Telecommunications and Technology
Advisory Committee
-Town Forest Committee
-Trails Committee
-West Street Historic District Commission
Other
Please outline relevant experience for the position(s) sought:
Mk/ 6cCunG-Ii-rori wd(-)de..s lh~ r;lLAJ
10 CCU ( 1 N /U.(~0.~'~ q'P tj`2 SP/1 ~~it~C S N/o ea~~ errJ
C N~ ~2.✓1 l 0. ✓t r l ~-P
Iq & S S CSC J { 44-s (f v 1 i L 2 o -f
how- 1 F ~U+ n6i c2QOL tr1<-,_ .
06~A brd; a re y ~~~-F rA~-r-- 6r\. pLI6 CLC- ld"-J
r-n
C-) -~r C-)
A y~o
C
Cn
00
APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS
Name: T61,1-1<5~
(Last)
>TOs"41'0// Date:
(First) (Middle)
Address: V Lb lVZ W 00 _V A DAP
READ1A[bG /r))9 ~PfX 7
Occupation: G/✓J11
Are you a registered voter in Reading? %S
Tel. (Home) / 7f6
Tel. (Work) IYS 7/
(Is this number listed?) X,4,5
# of years in Reading: /..3
e-mail address: Lftd 'V~~f'1 C9 V t/)
Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority.
(Attach a resume if available.)
Animal Control Appeals Committee
Aquatics Advisory Board
Audit Committee
Board of Appeals
Board of Cemetery Trustees
Board of Health
Board of Registrars
Bylaw Committee
Celebration Committee
Cities for Climate Protection
Commissioner of Trust Funds
Community Planning & Development Comm.
#:TConservation Commission
Constable
Contributory Retirement Board
Council on Aging
Cultural Council
Custodian of Soldiers' & Sailors' Graves
-Economic Development Committee
Finance Committee
'Historical Commission
-Housing Authority
`Human Relations Advisory Committee
Land Bank Committee
_MBTA Advisory Committee
Metropolitan Area Planning Council
Mystic Valley Elder Services
Recreation Committee
_RMLD Citizens Advisory Board
`Telecommunications and Technology
Advisory Committee
Town Forest Committee
Trails Committee
West Street Historic District Commissions
Other,
C-*)
Cr
Please outline relevant experience for the position(s) sought:
00 P %0
F
/ Syr ex(P-erIer;Ze, avY~.~ ch~rnf~7` ~~f 1u-
n 14 //)~,1 Ake
v ~
LEGAL NOTICE
TOWN OF READING Y
To the. Inhabitants of Te
Town of Reading: ,
Please take notice that, the
Boarqlof Selectmen of the Town .
-of.`:Readi' will. hold the follows-
ing public: hearing -on Tuesday,
Jan.uaryy, 6, 2009 in . the !
.'Select men's Meeting. Room;` 1 6
. Lowell. Street, Reading?,
.Massachusetts:. r I
Wood End Schoo,i
f y Circle as a Fire. Lane
Two Hour and. Employee
Parking - South Side of Greeh
Street between -Main and' Asia.
Streets .
7:55 p.m
A copy of rel:evaht.docu=
ments are. available in the::t6wrl
Manager's ;.Office; 16. Lowel!
Street; Reading, MA from 8:30,
a.m. - 5:00 p.m., M=F and.are
attached to the hearing notiice'
on. the web.site at:www:read
inama.c.gv:. j
...All interested. parties May
appear., in person, may submit
their comments, in writing, or by
=I-t6t6wnmanAae-rQb1..rqad AM.
aus.
By-order o
Peter I. Hechenbleiknet
Town Mana~et
12/30
5
Sad
TOWN OF READING
Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on
March 28, 1995, for the Town of Reading, are hereby amended as follows:
By adding to Article 5, Section 4.4e, the following:
STREET LOCATION REGULATION
Wood End School Traffic Circle No Parking Fire Lane
DATE OF PASSAGE SELECTMEN'S SIGNATURES
TOWN CLERK OF READING
TOWN CORPORATE SEAL
Page 1 of 2
S.chena, Paula
From: Hechenbleikner, Peter
Sent: Tuesday, December 09, 2008 1:45 PM
To: Schena, Paula
Subject: FW: Traffic Circle Enforcement Request
Attachments: Wood End traffic Circle Fire lane No parking.doc
For January 6 meeting
From: Lee, Michael
Sent: Tuesday, December 09, 2008 1:14 PM
To: Hechenbleikner, Peter
Subject: RE: Traffic Circle Enforcement Request
Attached
From: Hechenbleikner, Peter
Sent: Tuesday, December 09, 2008 11:49 AM
To: 'Davidson, Richard'
Cc: Cormier, Jim; Lee, Michael; Burns, Greg
Subject: RE: Traffic Circle Enforcement Request
Richard
I will be happy to put this on the Board of Selectmen agenda for 1-6-09 sat 7:45 PM.
Pete
Mike Lee - please write up the regulation.
From: Davidson, Richard [mailto:rdavidson@reading. kl2.ma.us]
Sent: Tuesday, December 09, 2008 10:46 AM
To: Hechenbleikner, Peter
Cc: Schettini, Pat; jandklukens@comcast.net
Subject: Traffic Circle Enforcement Request
Hi Peter,
I know you have been in contact with some of my members of our Safety Committee and may be aware of the
new "Placard Pick-up System" we are going to implement in mid January. The concern is the safety of our
students, particularly at the end of the day and we believe this change in pick-up of students will make the
situation safer for all. We have been in contact with Michael Lee, our safety officer, about the situation and will
meet with him tonight to review our plans and get his input.
While this note is to update you on the situation, I want to also request that the circle in front of the school be
established as a fire lane and a no parking enforceable zone. I understand that I need to formally request this of
your office and that an email is sufficient to move forward with this request.
Please feet free to call me at 781-942-5420 if you need more information.
12/9/2008
LEGAL NOTICE
.
TOWN OF READING
To the.Inhabitants* of the
Town of Reading:. ,
Please take notice that. tie
Board of Selectmen of the Town. I
~of.:Readih :will. hold the follow;-
ing public: hearing9 ''on Tuesday,
Jan.Uary 6, 2009 in. the i
Selectmen's Meeting'-Room 1 6
Lawell. Street, Reading,
>Massacflusetts: I
Wood End Schoo:l
Driveway Circle as 'a Fire. Lame
..7:45 porn:.
Two Hour and, Employee
Parking -South Side of Green
Street between Main and' Ash. I
'Streets. ~
7:55 p.rTl'.. l
A copy of rel:evant.docu. I,
meets are available in the::Town
Managsr's :Office, 16. Lowell
Street; Reading, MA from 8:30
a.m. - 5:00 p.m., M:F and, are.
attached to the hearing notice
on. the website at.www:read
inarna.aov:. I
...All interested parties may
appear., in person, may submit
their- comments, in writing, orb by
i.email ~to. tow_ nmanager0.cixead
ina:ma.. - g. i
By order b.
Peter I. 'Hechenbleikner
Town Mang eC
.12/30
TOWN OF READING
Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen-on
March 28, 1995, for the Town of Reading, Appendix A-3b is hereby amended by
adding the following:
TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE,
PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS,
8 am to 5 PM (Mondav through Fridav)
Green St on the Southerly side between Main Street and Ash Street.
DATE OF PASSAGE SELECTMEN'S SIGNATURES
TOWN CLERIC OF READING
TOWN CORPORATE SEAL
S~2-
2460540000000440
BACCI, CARLO TRUSTEE
ASB REALTY TRUST
25 WAKEFIELD AVE
WAKEFIELD, MA 01880
2460540000000460
LJH MAIN STREET LLC
21 ANGLEWOOD LN
NORTH READING, MA 01864
2460540000000450
NICHOLLS SCOTT E
104 ASH ST
READING, MA 01867
5-4-13.
o~~°~Rq~-tic Town of Reading
,tae 16 Lowell Street
fs Reading, MA 01867-2685
~9.lHCORQ~~ -
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: January 2, 2009
RE: Liquor Policies
TOWN MANAGER
(781) 942-9043
The Board of Selectmen received training last Summer from Jim Staples regarding their role as
the Licensing Authority. Mr. Staples had indicated that there were some modifications that
would be appropriate to the current liquor policies. Additionally, as part of the RCASA grant
application, the Town has obligated itself to look at all policies related to substance abuse and
when appropriate to arnend them.
The Board of Selectmen has reviewed draft policies in a workshop meeting in the past. Those
policies were then circulated to all licensees and to the Chamber of Commerce. A meeting was
held on December 2, 2008. in the day time with licensees, the Chamber of Commerce and their
representative. There were only three licensees there at that meeting.
The hearing was. scheduled for December 16, 2008 at 8:00 p.m. and at the request of the
Chamber of Commerce, the hearing was continued until Tuesday night, January 6, 2009, at 8:45
p.m. I had asked for and received formal written comments from the Chamber of Commerce
regarding the policies and they are attached to this memo. As collected at the Chamber meeting
and through the draft material by the Chamber of Commerce revised through 12/9/08, there are a
number of smaller comments that are important but not major. The major issues raised seem to
be in Section 3.2.2.5. The current language indicates that all patrons must leave the premises at
the closing hour in an orderly manner. The closing hour for restaurants is midnight. All
restaurants but one currently closes prior to the midnight closing hour. The one establishment
that is open until midnight currently allows patrons to stay on the premises after closing hour but
does not accept new orders for alcoholic beverages past that time. Whether to adhere to the
current policy or whether to change as requested by the Chamber is a policy matter for the Board
of Selectmen. Related to that issue is the issue of whether or not a full menu of food has to be
available at all times that alcohol is served. This is indicated in Section 3.2.2.8. Again, this is
not an issue for most restaurants but one restaurant has raised the issue. The concern is that if
they can serve alcohol up to midnight, then they will be required to provide a full menu of food
up until that time, and then customers can't practically be off the premises at the closing time.
sd
2.
The entire Section on Special Licenses is new. Although there is some objection from the
Chamber to the requirement that liquor be purchased only from a wholesaler, this is a matter of
law. It is certainly best to include this in the information to Special Licensees so they can
comply with the law.
There seems to be objection to the Town Manager being involved as an agent of the Licensing
Authority. In fact, much of the work that the Town Manager does is acting as an agent for the
Licensing Authority. Only the Licensing Authority itself can institute penalties and suspensions,
but there is a great deal of work including the annual visits to the licensed establislunents that is
done by the Town Manager rather than the Licensing Authority.
I hope at this hearing that the Board could address the policy related issues and make decisions
on those issues. The Board may need to continue the hearing for one more time so that policy
decisions by the Board of Selectmen can be reduced to writing, and then have a clean set of
policies for adoption.
PIH:ps
Attachment
Sd ~
LEGAL NOTICE
I
TOWN OF PEADING
?fo the Inhabitants of.the
Town of Reading:
i
1`4ease take notice that the
BOA of Selectmen of the Town i
of'Reading will hold a -public, .
hearing on Tuesday, December
16; 2008 at, 8 :p.m. in the
Selectmen's Meeting -Room, .16
Lo..WeII Street, Reading.,
Massachusetts on Liquor Policy.
Amendments.
A: copy of the documents are
avai:la.ble. in `the Town.
Ma,6ager"s Office; 1.6 ' weld i
Street, Reading,. MA fro.m
a.m. 5:00 M;F and .are--:
attached to the hearing notice
vn the websk6 at www.readlh
ma;gav .
Ail interested parties: m.ay I
appear in persoh, may submit
-tneircomments in writing, or by.
dmall to townmanaaer@ci read
r . ams.
By order of
.Peter I. Heclienbleikrier
Tovvri Manager
12110
,-s d3
Page 1 of 2
Hechenbleikner, Peter
From: Stephen A. Goldy [sgoldy@sgoldy.com]. .
Sent: Thursday, December 11, 2008 1:47 PM
To: 'Priscilla Gottwald'; Steve Goldy forwarding account
Cc: krossetti@bartonrossetti.com; wfcesq@verizon.net; 'Michael Giacalone'; 'Reading-North Reading
Chamber of Commerce'; Hechenbleikner, Peter
Subject: RE: [Bulk] Request for postponement of proposed liquor license changes
Priscilla,
Thank you for the letter. Your request to postpone is reasonable. Technically we advertised the public
hearing so we will have to open the hearing Tuesday and then continue it. We will continue the hearing
until January 6th at 8:45 p.m., time is tentative. We will confirm the time this Tuesday.
Please call me if you have any questions.
Thanks,
Steve
s"&n a. q
42 Berkeley Street, Reading
781-775-5805 (mobile)
781-779-1773 (home)
steveaoldv.com
From: Priscilla Gottwald [mailto:pgottwald@RMLD.com]
Sent: Thursday, December 11, 2008 11:10 AM
To: sgoldy@ci.reading.ma.us
Cc: krossetti@bartonrossetti.com; wfcesq@verizon.net; Michael Giacalone; Reading-North Reading Chamber of
Commerce
Subject: [Bulk] Request for postponement of proposed liquor license changes
Hi Steve,
Attached is a letter requesting your consideration to postpone the proposed liquor license amendments item
scheduled for December 16 to some time after the holidays.
Please let me know if this is possible.
jdnU~CGQ~
Community Relations Manager
Reading Municipal Light Department
230 Ash Street
Reading, MA 01867
781-942-6419
President - Reading-North Reading Chamber of Commerce
Communications Officer - Rotary Club of North Reading
Sd
12/11/2008
Reading-North Reading Chamber of Commerce
C)00 0 o a
000 ,
t n P.O. Box 771 Reading, Massachusetts 01,867
December 11, 2009
Stephen Goldy
Chairman
Reading Board of Selectmen
Reading Town Hall
16 Lowell Street
Reading, Ma 01867
Dear Chairman Goldy:
Re: Proposed Liquor License Amendments
On December 9 the Chamber of Commerce submitted member feedback to the draft amendments
to Reading's liquor policy to the Board of Selectmen and the Town Manager. Thank you for that
opportunity.
It has come to our attention that many of our members who, hold liquor licenses will not be able
to attend the public hearing scheduled for Tuesday, December 16', 2008. This letter is to request
that the Board of Selectmen postpone the public hearing on the 16th until some time after the
holidays.. December 16 falls in the middle of a busy holiday season for a number of the license
holders, which will make it difficult for the them to send representatives to the public
hearing. Many licensees are hosts to corporate holiday parties and rely heavily on these holiday
revenues. License holders, with strained staffing and confronted with a choice between serving
patrons/party goers or attending the public hearing on the 16th, may therefore find it difficult, if
not impossible, to furnish meaningful input in person to the Town's (current) licensing authority.
The proposed changes in the policy are critical to Reading liquor license holders. In fairness to
these businesses, the Chamber of Commerce requests that the hearing be postponed to a later
date in order to provide an equitable time for the businesses to represent themselves to the Board
of Selectmen.
Respectfully,
Priscilla Gottwald
President
Reading-North Reading Chamber of Commerce
sd~
LIST OF MEETINGS
May 9, 2008
Project Team (Town Manager, Finance Director/ATM, and HR
Administrator) meets with the consultant from Stone Consulting
May 13, 2008
Consultant presents Project Objectives to the BOS
May 20, 2008
Consultant meets with Department Heads
June 5, 2008
Consultant meets with the Employees
June 6, 2008
Consultant meets with the Project Team
June 10, 2008
Focus Groups (consultant and employees)
July and August
'Department Heads and Employees work on questionnaires
Consultant does market survey
Sept 11,
Project Team updates Department Heads on progress
Oct. 1, 2008
Consultant meets with Project Team
Oct 2, 2008
Consultant meets with Department Heads
Oct 3, 2008
Consultant meets with Employees
Oct. 7, 2008
Consultant presents Results Overview to BOS
Oct. 9, 2008 Consultant meets with Project Team
Nov. 4 - 26, 2008 Members of the Project Team meet with. individual Department Heads
(1 - 3 meetings with each Department Head)
Dec'2, 2008 Project Team meets with Department Heads
Dec. 8, 2008 Project Team meets with Employees
Dec. 9, 2008 Consultant presents results to BOS
SQ~
Feedback to the. proposed DRAFT amendments to the
Town of Reading Liquor Policy collected by the RNR Chamber of
Commerce
November 2008 - Revised 12/9/08
3.2.1.6
20 Regular business days means my establishment could be closed on
weekends and prolong the time closed if I receive a penalty.
What if the business is a family owned business and they take vacation or are
sick for longer than 7 days. Is this considered abandonment? Please consider
rewording.
3.2.1.8
Please address wine tastings. A pour, swirl & spit are not considered
consumption but is necessary for employees when doing a wine tasting.
What was this changed from? Was there previous wording for 3.2.1.8?
3.2.1.9
3 month time period may not be enough. Training sessions are subject to
trainers schedule and not always available. Training is available on line or
trainers can come to the facility.
Town adding language: Certificates shall be kept on file and available for
inspection upon request.
3.2.1.14
Add "reasonable" to: When in "reasonable" doubt.
3.2.1.20
Consider Hours of Operation for Restaurant License etc to be expanded to 1:00
am.
If the restaurant has a 12:00 alcohol license they should be able to serve the
last drink at 11:59 and the customer should have time to drink it before leaving. .
Also, if the kitchen has to run a full menu while alcohol is being served a
customer can order anything up until 12:00 am and should be given the time to
finish it. S-A 7
There is a lot of ambiguity here and hours of operation, closing hour, alcohol
serving times, full menu available times just don't line up. These need
clarification.
We would like to request that the Selectmen change the Closing hour to 1:00
am for business with an all liquor license.
See 3.2.2.5 - Needs clarification. Same comments
What about Club Licenses - they can stay open until 2:00 am except on
Sunday and do not have to serve any food. That is not fair.
3.2.2.5
Consider Hours of Operation for Restaurant License etc to be expanded to 1:00
am.
If the restaurant has a 12:00 alcohol license they should be able to serve the
last drink at 11:59 and the customer should have time to drink it before leaving.
Also, if the kitchen has to run a full menu while alcohol is being served a
customer can order anything up until 12:00 am and should be given the time to
finish it.
There is a lot of ambiguity here and hours of operation, closing hour, alcohol
serving times, full menu available times just don't line up. These need
clarification.
We would like to request that the Selectmen change the Closing hour to 1:00
am for business with an all liquor license.
Not taking bar orders within 15 minutes of closing will cause me to have to close
earlier and not honor my permitted closing hour.
The timing doesn't line up. If I have to be out by 1 am but I have to serve a full
menu while my bar is open until midnight it doesn't give me enough time to
clean my kitchen.
Not taking orders 15 minutes before closing impacts my income by 91 hours pet year.
3.2.2.8
Define "full menu". You can't enforce what you don't define.
How can the town enforce that the frill menu is being served until closing hour. 5-6 +
Keeping a "full" menu available until midnight will cause a 2 hour kitchen clean up. This will
not be enough time if my place needs to be cleared by 1 am.
What if I have equipment break down and need a repairman in there
immediately after hours?
3.2.6.2
We would like the Selectmen change this to let Special licensees purchase liquor from a retailer
or cater.
Holders of special licenses required to purchase liquor from only a wholesaler
is ridiculous and makes it harder to run an event.
Do you need another license to purchase liquor from a wholesaler? We won't
be able to run our fund-raisers if if cost so much.
This will hurt small retailers and caterers by taking business away.
We would like the special licensee to be informed of who they can purchase liquor from if
required to purchase for a wholesaler.
3.2.7.1
The whole Enforcement section is too much like dictatorship. Why is the
Town Manager being appointed an Agent of the Licensing Authority? This is
going too far!!
To consider the "general reputation" of licensee when determining the penalty
is subjective. Then give that. authority to the'Town Manager????
The penalties are only a "guide". .
Not to be construed as to limit the Licensing Authority - does this mean they can make
up any penalty they want. This needs to be clarified.
Discretion can be prejudicial (good or bad). Please defend the wording.
Look at timeframes.
~5d
If you have a family run business can you look back at generations and use that history
as basis for punishment?
3.2.7.3
It's like giving the establishment a "Scarlet Letter" -
It's not fair in a town that has so many sign by-laws that they would want to
have establishments put big suspension signs on their front doors -not very
welcoming to new businesses.
Putting the suspension sign in a location desianated by licensina authority -just
how much authority will they have?
The sign should only be present during normal business hours.
3.2.7.4
Appointing the Town Manager as an agent of the licensing authority is only
asking for trouble.
The Town Manager should not be an agent of the licensing authority, he has enough to
do.
The Town Manager as the licensing authority does it ever end?
Can off duty "agents" report a violation?
"Agents" are on duty 24/7?
General Feedback
These liquor policies. were written thirteen years ago at a time when Reading
may have been a dry town. With the economic growth and diversity of
restaurants in down town Reading and Walkers Brook Drive the Board of
Selectmen need to keep in mind that Reading is catering to different
businesses and needs to create policies that are equitable to everyone.
With the loss of a major anchor like the Atlantic Food Mart, the closing of'Sense
of Wonder and the sale of The Wine Shop, the Board of Selectmen need to
keep in mind what attracts a potential condominium buyer in a down town
area. Restaurants are a major attraction to potential buyers.
What is the general purpose behind all these proposed changes?
5 61 ) v
t sounds like the town is out to get someone in particular.
It makes Reading appear unfriendly to business - especially restaurants.
They want me to pay for my license then they are going to change the policies.
That is not fair!
These policies are town administrative friendly and not business friendly.
~~d.81 I
DRAFT 11-4-08
Section 3.2 - Lipuor License Policv
This policy shall apply to all premises licensed for the sale and/or consumption of
alcoholic beverages by the Licensing Authority (Board of Selectmen) pursuant to the4- its
authority as the Licensing Authority of the Town of Reading as determined by the Reading
Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the
Commonwealth of Massachusetts.
The following chart indicates which portion of these regulations applies to which type of
license:
Cate2orv 3.2.1 3.2.2 3.2.3, 3.2.4 12.5 3.2.6 3,2,7
Retail Package Goods Store License
for all kinds of Alcoholic Beverages X X
not to be Drunk on the Premises
Restaurant License to Expose, Keep
for Sale, and to Sell All X X X X
Kinds of Alcoholic Beverages to
be Drunk on the Premises (100
or more seats)
Restaurant License to Expose, Keep
for Sale, and to Sell Wine X X X X
and Malt Beverages to be-Drunk,
on the Premises (less' than 100 seatis')
Club License to Expose', Keep
for Sale, and to Sell All Kinds X X X
of Alcoholic Beverages to be
Drunk on the Premises
Special Licenses ( ( X
Amendments -Changes to this policy`may be made by majority vote of the Board of Selectmen
and shall be discussed at a public meeting. Notice of any change in policy shall be made to all
licensees in a timely manner.'
3-1 Board of Selectmen Policies
11212009
3.2.1 - General Reauirements for All Licensed Establishments
3.2.1.1- Plan Required
A plan of the building and a detailed floor plan of the licensed premises including the
capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No
alterations shall be pennitted to the premises without approval in advance from the Licensing
Authority. or its designee-
3.2.1.2 - Deliveries
Deliveries to licensed establishments shall be made only during business hours and shall
be made in a manner so as not to disrupt neighbors or interfere with traffic or parking.
3.2.1.3 - Insuection
The lieensed premises shall be subjeet at all times to
of the LiGensing
Author-it), or- its designee, and Reading Poli if -1 1 I-Ith 0 . The licensed premises
shall be subject to inspection by the Police, the Licensing; Authority, an other duly
authorized agents of the Licensing Authority. Any hindrance, or delay of such inspection
caused by an employee of the licensee shall be cause for action against the license.
3.2.1.4,- Advertisements
No advertising matter, screen, curtain or other obstruction,' which prevents a clear view of
the interior of the premises, shall be maintained in or on any window or door.
3.2.1.5 - Automatic Amusement Devices
No establishment hcensed• for the on-premises or off-premises sale or consumption of
alcohol shall permit the use of any, automatic amusement device or electronic game as defined
by M.G.L. Chapter 140,;;Sectiori 177A unless specifically licensed to do so by the Board of
Selectmen.
3.2.1.6 - Duty to Perform
An applicant for a `license to sell liquor on or off premises shall within 45 days of the
issuance of such license coininence construction of the licensed premises which shall be fully
operational within 120 days of the issuance of such license, unless otherwise approved by the
Licensing Authority. Therea:~fter, the licensee will continuously operate the premises in
accordance with the terms and conditions of the license. The closing of the licensed
establishment for seven consecutive calendar days or for more than 20 regular business
calendar days during' a.calendar year shall be deemed to be abandonment of the license and
sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority.
Upon application by the licensee, the Licensing Authority may waive this abandonment
provision in the event of major renovation, destruction by fire or flood or other similar
circumstance.
3.2.1.7 - Establishment of Written Policies
Licensees shall establish written policies regarding the sale or service of alcoholic
beverages based upon the requirements of the regulations of the Alcoholic Beverages Control
Commission, these regulations, and any other conditions placed on the license.
3-2 Board of Selectmen Policies
11212009
13
3.2.1.8 - Alcohol Policv for Staff While Serving
No Manager, Alternate Manager or employee shall consume any alcoholic
beverages while on duty nor after the official closing hour.
3.2.1.9 - Alcohol Manazement or Server Training
Licensees, Managers and principal representatives of licensed establishments are required
to successfully complete an alcohol management or server training course (depending on the
type of license) approved by the Liquor Liability Joint Underwriting Association of
Massachusetts at the time of issuance of the license.
Servers of alcoholic beverages shall be required to successfully complete a server training
course approved by the
hospitality Mutual Insurance Company (or any training' course reviewed by and approved
by the Licensing Authority) within three (3) months of .becoming erinployed in a position
where they are serving alcohol to customers. There must be a certified .'employee on the
premises at all times.
All persons required to successfully complete an alcohol management or-,,server training
course must be successfully retrained prior to the end of the certification period. The licensee
shall certify annually to the Licensing :Authority at the time of renewal of the license that the
licensee, Manager, and all employees meet,'this requirement. Certificates shall be kept on file
and available for inspection upon request
3.2.1.10 - Liquor Liabilitv Insurance Requirement
Licensees are required to, have, or otherwise provide,' liquor liability insurance in the
minimum amount determined from time to time by the Licensing Authority. This requirement is
applicable regardless of whether the licensee rents,, or otherwise provides the licensed premises
to a third party. Limited exceptions to this requirement may be granted by the Licensing
Authority for reasons of hardship or upon adequate proof of inability to obtain the required
insurance. There is no right to an;execption,.and"the Licensing Authority is not required to grant
such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate
of Insuraiice upon the issuance or renewal:of a license.
3.2.1.11- Staffing
Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor
beverage sales and consumption.
3.2.1.12 - Supervision -Presence
The licensee, aManager or principal representative of the licensee shall be present in the
licensed premises at all tunes during which alcoholic beverages are being sold pursuant to the
license, and shall be available to the licensing authorities and its agents during all such times
unless some other person, similarly qualified, authorized and satisfactory to the Licensing
Authority, and of whose authority to act in place of such Manager or principal representative
shall first have been approved by the Licensing Authority in the manner aforesaid is present in
the premises, and is acting in the place of such Manager or principal representative.
3.2.1.13 - Dutv to Keep Order
3 -3 Board of Selectmen Policies
11212009
,~M ' q '
No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or
illegality of any kind to take place in or on the licensed premises, including the pafk fig i„+ OF 1EAS
that se e the premises. The licensee shall be responsible therefor whether present or not. There
shall be no indecent or immoral entertainment on the licensed premises.
3.2.1.14 - Proof of Ate
The Licensee, Manager, principal representative, bartender and waitress/waiter shall
refuse to serve any patron under the age of twenty-one (21). When in doubt of age, they shall
require the showing of an identification card or license in accordance with Chapter 138, Section
34B of the General Laws.
3.2.1.15 - Minimum ALTe of Emplovee or Server
No employee of any licensed establishment who is. serving; „clearing or otherwise
handling alcoholic beverages shall be under the age of l R.
3.2.1.16 - Prohibition of Brin2in2 Alcoholic Beveraues ontd4he Premises
There shall be no alcoholic beverages brought onto' ,the premises of a licensed
establishment except for deliveries for the operation of the, business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
3.2.1.17 - Information ReEardin2 the Alleged'Service of Alcohol Prior to Violation for
Driving Under the Influence of Intoxicating._Liouors
Upon the receipt of a letter from the Office :,'of ilip Attorniey General or the Middlesex
District Attorney's Office „pursuant to G.L c '.90`,''See. 24J or any other statute, or any other
notice regarding the alleged service or sale of alcohol to an individual who is subsequently
convicted or pleads guilty to a violation of driving- under the influence of intoxicating liquors, or
enters a dispositioniunder Section 24D of Chapter 90;the Licensing Authority:
♦ Shall forward a copy of the letterto the licensee cited, along with a copy of these rules
and regulations.
♦ May request that the licensee appear before the Licensing Authority to respond to the
:allegation.
Upon the receipt of two or more letters in a two-year period, the licensee shall be
required to-appear before the Licensing Authority to respond to the allegations.
Any disciplinary action I taken by the Licensing Authority shall be taken in accordance
with the provisions` of the Reading Liquor Policy, the Massachusetts General Laws, and Rules
and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the
Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter
from the court to these`law enforcement agencies shall, by itself, constitute sufficient evidence so
as to allow for a finding that a licensee has committed a violation.
3.2.1.18 - Dutv to Report an Attempt to Purchase by a Minor
The licensee shall be required to report to the Reading Police Department any time a
person attempts to purchase alcohol while being underage, or attempts to use an altered or forged
identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately
report to the Reading Police Department any time they suspect an adult is purchasing alcohol for
3-4 Board of Selectmen Policies
1/2/2009
,5d I'K
a minor. These infractions must be reported even when the incident takes place off premises,
such as for home deliveries.
. Licensees shall make all reasonable and diligent efforts to report any illegality on
the licensed premises.
3.2.1.19 - Liauor License Fees
The following fees are established for each calendar year for the categories of license
available in the Town of Reading:
Cate2orv
2007
2008
$2100
2009 2010
Retail Package Goods Store License for all $2000
kinds of Alcoholic Beverages not to be
Drunk on the Premises
Restaurant License to Expose, Keep for $3200 $3300
Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises
Restaurant License to Expose, Keep for $2400 $2400
Sale, and to Sell Wine and Malt Beverages;
to be Drunk on the Premises
Club License to Expose, Keep for Sale, and $10`00 $1000
to Sell All Kinds of Alcoholic Beverages to
be Drunk on the Premises
``$2200
$2300
$3400
$3500
$2450
$2500
$1050 $1100
3.2.1.20 - Hours of Operation
The following shall by the hours of operatiozi' for premises licensed for sale and/or service
of alcoholic beverages by the'Tovvn of Reading: .
Cate2orv
Hours of Operation Exceptions
Retail Package Goods Storc'Li;cense for
8:00 am to 11:00 p.m., See Sunday Sales below
all kinds of Alcoholic Beverages not to
except 8:00 a.m. to 11:30
be Drunk on the Premises
p.m. the day before a
holiday
Restaurant License to Expose, Keep for
11:00 a.m. to 12:00
Sale, and to Sell All Kinds of Alcoholic
midnight on weekdays,
Beverages to be Drunk on the Premises
and 12:00 noon to 12:00
midnight on Sundays
Restaurant License to Expose, Keep for
11:00 a.m. to 11:00 p.m.
Sale, and to Sell Wine and Malt
on weekdays, and 12:00
Beverages to be Drunk on the Premises
noon to 11:00 on Sunday
3 -5 Board of Selectmen Policies
11212009
Club License to Expose, Keep for Sale, 8:00 a.m. to 2:00 a.m,
and to Sell All Kinds of Alcoholic except on Sundays and
Beverages to be Drunk on the Premises legal holidays when the
hours are 12:00 noon to
1:00 a.m.
3.2.1.21 - Breech of Policv or Conditions
For breach of any of the requirements, restrictions or conditions of this policy of license,
the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the
license in accordance with the law.
3.2.1.22 - Sundav Sales for Package Stores
Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to
the following conditions:
♦ No sales may be made prior to noon on Sunday;
No sales may be made after 11:00 p.m, oil Sunday, except that no sales may be made
after 11:30 p.m. on a Sunday that immediately: precedes alegal holiday;
♦ Employees must be paid for working on Sunday at a rate not less than I''/2 of the
employees' regular rate;
No employee may be required to`work.,on a Sunday; refusal to work on a Sunday is not
grounds for discrimination, dismissal;. discharge, deduction of hours or any other
penalty;
♦ If a Section 15 licensee intends to close one day per week except Sundays, such licensee
must notify the Licesing Authority of such licensee's intended hours of operation.
3-6
Board of Selectmen Policies
11212009
,5d I? .
3.2.2 -Requirements for All:
♦ Restaurant License'to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the, Premises, and
♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to
be Drunk on the Premises
All licensees for the service of alcohol, whether the holder of
♦ Restaurant License - All Kinds of Alcoholic Beverages
♦ Restaurant License - Wine and Malt Beverages or
shall, in addition to Section 3.2.1 of this policy, adhere to the following policies:
3.2.2.1- Advertisement
No premises shall be licensed that contain any''advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
pennitted
3.2.2.2 - Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal
silverware. No plastic or paper dinnerware or silverware is pennitted.
♦ An establishment that has a, separate and distinct take-out area may be licensed for the sale of
beer and wine on the premises.
♦ Alcohol must be served in glass or pottery::containers only. No paper, plastic or other
containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750
ml or less will be permitted.
3.2.2.3 - Toilet Facilities Reouired
No premises shall be licensed unless toilet facilities meeting all requirements of the
current code of the Commonwealth of Massachusetts are generally available to the customers of
the facility.
3.2.2.4 - List of Alternative Transportation
Licensees sh'a'll, maintain a written list of the telephone numbers of local taxicab
companies next to the -public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.2.5 - Orderlv Closing
Licensees shall ensure that patrons leave the premises at the closing hour in an orderly
mauler. The licensee shall not solicit not accept any order for alcoholic beverages within
fifteen minutes of the legal closing hour. All patrons shall be off the premises at the closing
hour. All tables and service locations shall be cleared of alcoholic beverages within 1/2 hour after
the legal time for sale.
3-7 Board of Selectmen Policies
11212009
.s--d t
3.2.2.6 - Prohibition of talcinL, Alcoholic BeveraLes from the Premises
There shall be no alcoholic beverages taken from the premises of a licensed
establishment except for deliveries for the operation of the business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
3.2.2.7 - Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.2.8 - Service of Alcoholic Beverages Limited to Hours that Food Services is Provided
The hours during which sales of alcoholic beverages may be made in a licensed premise
is further limited to the times when a full menu of food service is available. No alcoholic
beverages may be sold or served in a licensed premise before food service is available, nor after
the food service has been suspended.
3.2.2.9 - Service Bar
In the event that an area is designed as"a "service bar,", which is distinct from what is
commonly referred to as a "bar," no liquor is to be served directly'to the public at such service
bar, and no stools or chairs are to be placed at said service b'ar:_
3 -8 Board of Selectmen Policies
1/2/2009
3.2.3 - Requirements for All: Restaurant License to Expose. Keep for Sale. and to Sell All
Kinds of Alcoholic Beveraees to be Drunk on the Premises
All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall
adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this
policy:
3.2.3.1 - Minimum Seating Requirement
A license shall not be granted for an establishment having a seating capacity of less than
one hundred (100) persons. No more than 15% of the seats shall be at a'bar.
3 -9 Board of Selectmen Policies
112120/09
S00"` x _
3.2.4 - Requirements for all Restaurant License to Expose, Keep.for Sale, and to Sell Wine
and Malt Beverages to be Drunk on the Premises
All Restaurants licensed for the service of "Wine and Malt Beverages to be Drunk on the
Premises" shall adhere to the following policies in addition to the provisions of Sections 3.2.1
and 3.2.2 of this policy:
3.2.4.1- Purpose and Intent
Pursuant to a Horne Rule petition by the Town of Reading, the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading .to issue a limited number
(currently 5) of Beer and Wine licenses to restaurant establishments'withfewer than 100 seats.
This legislative action was confirmed by the voters of the Town in the Election of March 24,
1998. This policy is established pursuant to those votes.
The intent of this policy is to encourage the development and retention of smaller
specialty restaurants in the Downtown area of Reading`in order to enhance the-economic vitality
of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of
the customers' dining experience.
3.2.4.2 - Maximum Seats
A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than
100 customers. All seats shall be at tables'-- 'there shall be no seating at a bar.
3.2.4.3 - Service Bar
Only a service bar is permitted. Its function is to serve to restaurant employees who
serve the customers and can be used to serve 'drinks to those;':;customers waiting to dine. There
will be no seats at this bar.
3.2.4.4 - Seating Requirement
There shall be no service of alcohol:to anyone unless they are seated at a table.
3- 10 Board of Selectmen Policies
~ ~ .
112120
3.2.5 - Requirements for Club License to Expose, Keen for Sale, and to Sell All Kinds of
Alcoholic Beverages to be Drunk on the Premises
All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on
the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1
of this policy:
3.2.5.1 - Minimum Seating Requirement
A license shall not be granted for an establishment having a seating capacity of less than
one hundred (100) persons. No more than 15% of the seats shall be at abar.
3.2.5.2 - Advertisements
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine `or; beer, except that signs
or advertisements inside of the premises that cannot be seern'from the exterior _of the premises are
permitted.
3.2.5.3 - Requirements for Service of Food and Drink,.
In licensed premises, all food and drink service shall confonzi to the following:
♦ Plastic glasses are pennitted. Service will be by`the glass or bottle, or glass or pottery
pitchers or carafes of beer or wuie'with a capacity of 750 -ml or less will be permitted.
3.2.5.4 - Toilet Facilities Required
No premises shall be licensed unless: toilet'facilities meeting all requirements of the
current edition of the State Building Code . and' State Sanitary Code are available to the
customers of the license premises. Nn r»rrm_~~~ shall be 11e VnJse Vl.i 4.L111J tmienJ toilet 1T.G fV 1l'
T1it; l1QJ STIVLtLIIT~
3.2.5.5 - List of A ternative'Transportation
Licensees shall 'maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.5.6 - Orderly Closing
Licensees ,shall ensure that patrons leave the premises at the closing hour in an orderly
mariner. All tables and service locations shall be cleared of alcoholic beverages within %2 hour
after the legal time for sale.
3.2.5.7 - Prohibition of takine Alcoholic Beveraees from the Premises
There shall be no alcoholic beverages taken from the premises of a licensed
establishment.
3.2.5.8 - Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3 -11 Board of Selectmen Policies
11212009
0
3.2.5.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and
no stools or chairs are to be placed at said service bar.
3- 12 Board of Selectmen Policies
11212009~~
3.2.6 - = fair ^ " T citioa-T ieensses eha ee Requirements for Special
Licenses under Section 14
3.2.6.1 - Special liquor licenses may be issued by the Town for commercial establishments or
for non-profit organizations.
3.2.6.2 - Holders of one day special licenses shall provide the liquor to the attendees of any
event "bring your own liquor (or beer or wine)" will not be permitted. The license holder is
required to comply with 204 CMR 4.00 (the prohibited practices requirements). License
holders must purchase their alcohol from a licensed Massachusetts wholesaler, in
compliance with M.G.L. Chapter 138, Section 1.4. Alcohol may not be purchased out of
state, from a caterer, or from a Section 15 package store.
3.2.6.3 - Holders of one da special licenses shall proylde -a bartender and/or servers who are
trained and authorized to make decisions regarding continued service of alcoholic beverages to
attendees (reference 3.219). There shall be no self service of any alcoholic beverage::at an event
approved as a one day license.
3.2.6.4 - Applicants for special licenses shall provide proof of insurance to the Licensing
Authority with the application for the one.day license.
3.2.6.5 - Limitations A person or entitv niav 'oiily„_be issued 6` maximum of 30 Special
Licenses in anv calendar vear.
3.2.6.6 - Exceptions: In the case of events held, by private residents, outside of their private
residence, the License..luthority shall not require a special license where: 1) the event is by
invitation only, 2) money is not exchanged for alcohol, 3) tickets are not sold, 4) a donation
is not required or solicited, or 5) an entrance fee is not charged.
Revised 5-25-04,
3.2.7,--Enforcement
3.2.7.1. -Licensees violating applicable laws of the Commonwealth of Massachusetts, rules
or regulations of the Alcoholic Beverage Control Commission, and/or of the Town of
Reading Liquor Policies shall be subject to the following range of penalties:
Offense I Penalty
0 Offense [ Warning to 3 days suspension
211" Offense 13 days to 6 days suspension
3"' Offense 6 days to 12 days suspension
4"' Offense I Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission
Rules and Regulations 204CMR, and/or Town of Reading local licensing regulations and
any other law or regulation of the Town of Reading.
3 - 13 Board of Selectmen Policies
11212009
""-CA
Examples of criteria to involve penalties are based on the following:
* Severity and type of offense
* Number of prior offenses
* General reputation of the licensee, and history of the licensed business
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more
lenient or sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Autlority's ability to consider
alternative dispositions or further conditions on a license, or eIV6 alternative penalties (e.g.
rolling back of the licensees operating hours, suspension of the licensee's common
victualers license, and/or suspending the licensee's entertainment license,)
3.2.7.2 - Access to Premises by Police and ALYents
It shall be the responsibility of the licensee to ensure that procedures are 'iu place, by
posting a doorman or otherwise, to allow Police ;aria autho ized agents of the licensing
Authority immediate entrance into the premises at anv fil e employees are on the premises.
Any delay in providing such access shall be cause for action against the license.
3.2.7.3 - Postin2, of Notice
Whenever the Licensing Authority warns a licensee or suspends the license or.licens_es of
any licensee, the :Licensing Authority shallprovide the licensee with a sign containing the
words "Closed by order of the Licensing An'tli_ pity for the Town of Reading," or "warning
issued by the Licensing Authoxity of the Town of Reading" and stating the reason for the
warning or suspension. This sign shall be attached by the licensee on the inside of a
window in a location designated by the Licensing; Authority which location shall be visible
from the outside of the licensed premises in a conspicuous place during the entire period of
such warning bi• suspension:
3.2.7.4.- Agents of the Licensiuu-, Authority
The Licensing Authority hereby appoint the Town Manager, Chief of Police and the Police
Department Lieutenants and Sergeants as agents of the Licensing Authority to insure that
the policies of'' the Licensing Authority and the Massachusetts State Laws regarding
Alcoholic Beverage Licensing are adhered to by all licensees.
3.2.7.5 - Compliance-0 tier ations
The Licensing Authority shall from time to time review with the Police Chief guidelines for
compliance operations by the Police Department.
Revised--_-08
3-14 Board of Selectmen Policies
1/2/2009 „Q
5
EXTENSION OF LEASE AGREEMENT
FOR THE
BURBANK ICE ARENA
This Extension of Lease Agreement made and entered into this day of
January, 2009, by and between the TOWN OF READING, a municipal corporation with
executive offices located at 16 Lowell Street, Reading, Massachusetts, 01867, acting by
and through its duly elected Board of Selectmen (hereinafter the "Lessor"), and the
READING ICE ARENA AUTHORITY, INC., a duly organized nonprofit corporation
with a principal place of business at 34 Southwest Park, Westwood, Massachusetts,
02090 (hereinafter the "Lessee")
WITNESSETH:
WHEREAS the Lessor and the Lessor entered into an Indenture of Lease dated
February 23, 1993 (the "Lease Agreement") for the lease of an approximately 4.45-acre
parcel of land, which has subsequently been unproved by the construction of an ice
skating facility formally known as the Burbank Ice Arena and located at 51 Symonds
Way, Reading, Massachusetts (hereinafter the "Premises").,
WHEREAS the Lease Agreement provided for an initial term of ten (10) years
commencing on the date of the application of the Building Permit for the Premises; and
WHEREAS the Lease Agreement was extended for an additional five (5) year
period pursuant to Section 4.1 of the Lease Agreement; and; and
WHEREAS pursuant to Section 4.2 of the Lease Agreement, on October 28, 2008
at a regularly scheduled meeting of the Board of Selectmen and on a vote made and duly
seconded, the Lessor found that the Lessee has complied with the terms and conditions of
the Lease Agreement dated February 23, 1993; that the extension of the lease would be
desirable for the public good; and that the term of the lease be extended for an additional
five (5) year period expiring March 8, 2014.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth the herein, the Lessor and the Lessee agree to a second extension of the Lease
Agreement dated February 23, 1993, as follows:
ski
The term of the Lease Agreement shall be further extended for five (5)
years and shall expire on March 8, 2013 (hereinafter the "Extended Term")
2. The Lessee is undertaking to further develop and improve the Premises by
the addition of a girl's locker room which development is permitted by and consistent
with Section 7 of the Lease Agreement.
The terms and conditions of the Lease Agreement as have been in effect during
the Initial Term and subsequent extensions shall remain unchanged and continue in full
force and effect throughout the Extended Term.
IN WITNESS WHEREOF, the parties hereto have caused this Extension of Lease
Agreement to be signed and sealed this on the day and year first written above.
TOWN OF READING
By its BOARD OF SELECTMEN
Stephen Goldy, Chair
Ben Tafoya, Vice Chairman
James E. Bonazoli, Secretary
Camille W. Anthony
Richard W. Schubert
READING ICE ARENA AUTHORITY, INC.
Dana E. Hennigar, President
5~v
Board of Selectmen Meeting
December 9, 2008
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, Police Chief Jim Cormier, Human Resources Administrator Carol Roberts, Office
Manager Paula Schena and the following list of interested parties: Bill Brown, Lt. Peter
Garchinsky, Lynne Cassinari, Rachel Brown, Vicky Yablonsky, Attorney Mark Gallant, Danielle
Cook, Martha Reidy, Attorney Brad Latham, Bill Rianhard, Arthur Sordillo, Attorney Maria
Curtatone, Rebecca Yenowskas, Massimo Fiume, Phil Vaccaro, Steven Bell.
Reports and Comments
Selectmen's Liaison Reports and Comments - Selectman Camille Anthony noted that she
received a call from a constituent regarding people snaking a left hand turn on the corner of
Hopkins at Main Street. She suggested that the Parking, Traffic and Transportation Task Force
look at this situation. She attended a meeting with staff regarding sidewalk snow plowing, and
the Town Manager will be bringing that issue back to the Board. She also noted that staff should
send information out to residents who use private contractors for plowing. She noted that the
recreation fines need to be increased because $20.00 is too low.
Selectman James Bonazoli noted that he attended a meeting at Birch Meadow regarding public
safety. He also noted that the signs are not up yet for the "Fire Lane No Parking," and the staff is
requesting a painted crosswalk. He suggests that the Selectmen do a site visit in the morning and
afternoon, and thanked staff for the Cemetery and DPW Garage site tour.
Vice Chairman Ben Tafoya noted that he and Selectman Camille Anthony have been working on
the Town Manager's Evaluation form and he will be emailing it to the Board.
Chairman Stephen Goldy noted that because of a glitch in the process, the Board of Selectmen
and Finance Committee cannot participate in the performance contracting selection process but
they can watch. He is very disappointed about that. He also noted that there was an article in the
Globe indicating that there will be a 10% cut in local aid for FYI 0. The Town Manager noted
that the departments have created a list of holdbacks in FY09, and vacant positions will not be
filled unless absolutely necessary. Chairman Goldy noted that he had Office Hours this evening
and at that time, Bill Brown advocated for a bigger cemetery building.
Public Comment - Bill Brown noted that the crosswalk at Birch Meadow was removed many
years ago when a former female Selectman hit a child there.
~ 6~ -
Board of Selectmen MeetinLy - December 9. 2008 - Paae 2
Chairman Stephen Goldy noted that there is an email listed under Public Comment regarding
Causeway Road being a private road. The Town Manager noted that he will respond that it is a
private road. He noted that the Town did pave a manhole there because storm water was being
discharged into it causing sewer backups. Chairman Goldy also noted that there was a Boy Scout
present working on a badge.
Town Manager's Report
The Town Manager gave the following report:
• Downtown project and alleyway
• Curbside Leaf Collection is done for this Fall. The Board of Selectmen has the Compost
Center numbers for this year. There has been email correspondence with a resident
suggesting ways that the Curbside Collection Program can be included as an enterprise in
future years. This would be an appropriate subject for discussion during the budget
• ZBA conflict of interest form
• National Development status
• Police enforcement operations re: Liquor Licensees
• Reading Bridge Preservation Project - I-93 over I-95
• List of Licensees
• Christmas Tree Disposal
• Tennis Courts
• Section 12 Liquor Licensees - No "Happy Hour" permitted
• State is delaying trench regulations
• December 10, 2008 is the 601h Anniversary of the United Nations Declaration of Human
Rights. The Reading Human Relations Advisory Committee wanted the Board of Selectmen
and the community to be aware of this important anniversary. The Preamble of that
Declaration reads: "NOW, THEREFORE, THE GENERAL ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement
for all peoples and all nations, to the end that every individual and every organ of society,
keeping this Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and observance, both
among the peoples of Member States themselves and among the peoples of territories under
their jurisdiction. "
• Flu Clinics - 944 immunizations were given
Dates and Events:
• December 13th - Polar Express
The Town Manager noted that there is a list of the licenses in the packet that he will be renewing.
He also noted that there is a request in the packet for the Selectmen to approve regarding a
disclosure for Paul Dustin, Chairman of the Board of Appeals.
A motion by Bonazoli seconded by Tafova that as required by GL c 268A. Section 19(b)(1),
the Board of Selectmen has reviewed the matter and the financial interest described and
has determined that the interest is not so substantial as to be deemed likeiv to affect the
inteLyrity of the services which the Town of Reading may expect from ZBA member Paul
Dustin in a case involving 13 BuckinLyham Drive. Mr. Dustin is not a direct abutter but
Board of Selectmen Meetinc - December 9.2008 - Pate 3
owns his home within'300 feet of 13 BuckinLyham Drive and he has no financial interest.,
The motion was approved by a vote of 4-0-1. with Anthony abstainine because she is also
an abutter.
Assistant Town Manager's Report
• Bob LeLacheur noted that the water bills are going out next week and he will put an
explanation on the website.
Personnel and Appointments
Badge Pinninz - Lt. Peter Garchinskv - Police Chief James Cormier noted that Sergeant Peter
Garchinsky has been promoted to Lieutenant. He has 28 years of service on the force and has
accepted many extra assignments during his tenure that make him the most qualified for this
position. Lieutenant Garchinsky's wife pinned on his badge.
Cultural Council - The Board interviewed Lynne Cassinari for one Associate position on the
Cultural Council.
Bonazoli moved and Anthonv seconded to place the following name into nomination for
one Associate position on the Cultural Council with a term expirin,2 June 30, 2009: Lynne
A. Cassinari. Ms. Cassinari received five votes and was appointed.
Telecommunications and Technolo2v Advisorv Committee - Scott Busnach's interview was
rescheduled to December 16th, and Timothy McGibbon was not present.
Discussion/Action Items
Hearing, - Classification and Compensation Plan Amendments - The Secretary read the hearing
notice. Human Resources Administrator Carol Roberts and Consultant Rachel Brown were
present.
Rachel Brown reviewed the new salary structure and classifications. She noted that the existing
structure has 19 grades and 10 steps, and she is recommending a new structure with 13 grades
and 12 steps. This better reflects the market value and is more supportive of internal equity.
This new structure also reduces grade creep so it would have to be a significant job change to
warrant reclassification. She also noted that the old structure had 2% increases between steps
with a 20% range. The new structure has 2% between steps and a 24% range spread. She stated
that new employees are not being hired at the minimum step, and the new widths are less than
average at 24%.
Ms. Brown noted that the classification system has been well maintained. She indicated that it is
necessary to fine tune it to the market and there is no trend of change. Future administration of
the plan include monitoring the market movement, consider eliminating the steps from the lower
end, track actual pay every two to three years, and focus on total compensation including base
and health care. She also noted that the latest trend is deferred compensation for senior
department heads.
Board of Selectmen Meetinia - December 9. 2008 - Paae 4
Selectman Richard Schubert asked what she meant by deferred compensation, and Ms. Brown
stated that it is focused at the key department head level which includes contributions into
deferred compensation plans of up to 10% of the pay. Selectman Schubert also asked if that
loses the ability to maintain equity, and Ms. Brown noted that a lot of unions are getting
comfortable looking at the "total compensation;" i.e., stipends, disability insurance, etc.
Vice Chairman Ben Tafoya indicated that he thought the intention was to look at fewer steps
instead of more. The Town Manager noted that he decided not to do that because the increase in
the base of the step would be too hard to manage financially. He also noted that employees will
be placed in the appropriate step of the grade where they will not make less money.
Selectman Camille Anthony asked how the positions were slotted in the grades, and Ms. Brown
indicated that they were weighted. Selectman Anthony noted that she had concerns about the
Reading Coalition Against Substance Abuse Project Director grade. She also noted that a grant
pays for that position, and she feels that it should not be in the pay and classification plan. She
noted that the responsibility of that position is not the same as everyone else in Level I. The
Town Manager noted that all non-union employees have to be in the plan.
Selectman James Bonazoli noted that he does not agree with the grid, and felt that position
belonged in the same grade as the Police Business Administrator. Selectman Richard Schubert
noted that the RCASA Project Director position is grant funded and has the market rate pay. He
also noted that if the grant goes away, the Town won't fund.
Vicky Yablonsky, member of the Library Board of Trustees, noted that the Library Trustees had
no input on this process, and they would like to see the plan before the Selectmen vote on it.
The Board requested that the report be emailed to the Selectmen, the Library Board receive the
information requested, the overall cost impact and how additional expenses are going to be
incurred, and a list of who was involved in the placement on the grid. Ms. Brown noted that the
Department Heads were highly involved in the process.
A motion by Bonazoli seconded by Tafova to close the hearing on amendments to the
"Town of Reading Classification Plan" and the "Town of Reading Compensation Plan" as
proposed failed by a vote of 1-4-0, with Goldv. Bonazoli, Anthony and Schubert opposed.
A motion by Schubert seconded by Bonazoli to continue the hearing to December 16, 2008
at 7:30 mm. was approved by a vote of 5-0-0.
Renewal of 24 Hour Operation - Shell Station at 87 Walkers Brook Drive - Attorney Mark
Gallant, and Representatives from Motiva Danielle Cook and Martha Reidy were present. The
Town Manager noted that there was an email from Conservation Administrator Fran Fink in the
packet.
Danielle Cook noted that the last sample was done in October 2008 and every well was below
the State standards. She also noted that they had vapor issues earlier this year where gasoline
vapors were getting into the station, so they installed a vapor system and did building repairs.
60. L4
Board of Selectmen Meeting - December 9. 2008 - Pate 5
Selectman Camille Anthony asked if they are cleaning the sediments in the detention basin, and
Ms. Cook indicated that they are injecting to increase the oxygen levels, but they are not
injecting any more chemicals. They continue to also monitor the indoor air tests.
Selectman Richard Schubert asked if there has been an increase in the demand of service, and it
was noted that they have been very busy since Jordan's opened.
The Town Manager asked if the station was for sale, and it was indicated that it was not. The
Town Manager noted that he met with these folks earlier this year regarding the vapor release,
and he noted that this station has more problems than all the other stations in Town. He also
noted that they are not in need of a Common Victualler's license.
A motion by Bonazoli seconded by Anthony to approve the application for 24 hour sales by
Motiva Enterprises, LLC d/b/a Reading Shell Station at 87 Wallcers Brook Drive. The
Board finds that in accordance with Section 5.10.4 of the General Bvlaws:
• It is in the interest of the public health, safetv and welfare, or that public
necessitv or convenience will be served by permitting such operation: and
• There is no detrimental effect of such operation on the Town or the immediately
abutting neighbors.
• The Board determined that in accordance with Section 5.10.5 that no public
hearing will be required for this application.
The approval of this application is subject to the followine conditions:
1. This approval expires at midniuht. December 31, 2009.
2. All signs shall conform to the Zoning By-Laws of the Town of Readine:
3. The gasoline service station shall, in fact, be open 24 hours a dav, seven davs
a week:
4. The operator will ensure that there is a supoly of easoline available at the
station during all hours that the station is open;
5. The operator will provide eas cans for motorists who run out of easoline on
the road:
6. The operator will prepare and post a list of local towine and repair shops
that are open 24 hours a dav for those who need it:
7. Restroom facilities shall be open 24 hours a dav, seven davs a week.
The motion was approved by a vote of 5-0-0.
Hearing - Renewal of Earlv Ot)enin2 - Dunkin' Donuts on West Street - Attorney Brad Latham,
Bill Rianhard and Arthur Sordillo were present. The Town Manager noted that this is a request to
continue the early opening of Dunkin' Donuts, the gas station and convenience store.
Attorney Latham noted that they have served the public. Over 75% of the customers before 6:00
a.m. are Reading residents.
Selectman Richard Schubert asked what the volume is, and Mr. Rianhard indicated that they
have 40-50 transactions during that hour.
~ as
Board of Selectmen Meeting - December 9. 2008 - Pace 6
Selectman Camille Anthony noted that sometimes there is a lot of traffic and you can't get in the
parking lot. Mr. Rianhard indicated that they have a second pay window and they are not having
that problem anymore with the recession.
Chairman Stephen Goldy asked how much business the gas station gets at that hour, and Mr.
Sordillo noted that it was about half of the transactions at Dunkin' Donuts.
A motion by Bonazoli seconded by Anthonv to close the hearing for the earlv opening of
Dunkin' Donuts at 2 West Street was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Schubert to approve an application by Dunkin' Donuts,
including the Mobil Gasoline Service Station and the Convenience Store on the premises at
2 West Street to open at 5:00 a.m., Mondav through Fridav, effective Januarv 1, 2009 and
expiring December 31, 2009. The Board of Selectmen finds that in accordance with Section
5.10.4 of the General Bvlaws:
• It is in the interest of the public health, safetv and welfare or that public
necessity or convenience will be served by permitting such operation: and
• There is no detrimental effect of such operation on the Town or the
immediatelv abutting neighbors.
• The Board determined that in accordance with Section 5.10.5 that no public
hearing will be required for this application.
The motion was approved by a vote of 5-0-0.
Hearinc - New Liquor License - Ristorante Pavarotti - The Secretary read the hearing notice.
Attorney Maria Curtatone, owners Rebecca Yenowskas and Massimo Fiume, property owner
Phil Vacarro and former owner of Savory Tastes Steven Bell were present.
The Town Manager noted that this is for a beer and wine license at the former Savory Tastes
location. The application has been reviewed by Police, Health and the Building Inspector. There
was an issue that a building permit was not applied for work that was done because Mr. Fiume
didn't know he needed a permit, but he is working with the Building Inspector to correct the
situation. The approval is for 2009.
Attorney Curtatone indicated that Ms. Yenowskas is 55% share holder, and Mr. Fiume is the
Treasurer. Ms. Yenowskas is experienced working with alcohol and they are both active against
drug and alcohol abuse. She will attend the TIPS training before the restaurant opens.
Chairman Stephen Goldy indicated that the RCASA will be reaching out to them. He noted that
regarding the building permit issue, ignorance is not an excuse. It is the responsibility of the
applicant to find out what the rules and regulations are.
Selectman Richard Schubert asked Ms. Yenowskas if she had experience supervising staff and
asked how many staff she will have. Ms. Yenowskas indicated that she was experienced and she
will have approximately five waiters on the weekends and three during the week.
6 6U P
Board of Selectmen Meeting - December 9. 2008 - Paae 7
Vice Chairman Ben Tafoya indicated that there is a proposed change that will allow smaller
restaurants to apply for a full liquor license, and issuance of those licenses will be based on the
experience we have with them.
A motion by Bonazoli seconded by Tafova to close the hearine on the Wine and Malt
Restaurant Liquor License for Ristorante Pavarotti. Inc. d/b/a Ristorante Pavarotti was
approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Tafova to approve the Wine and Malt Restaurant
Liauor License for Ristorante Pavarotti. Inc. d/b/a/ Ristorante Pavarotti. 601 Main Street.
with Rebecca Yenowskas as Manager, for a term expiring December 31. 2009, subject to
the followine conditions: All Bvlaws. Rules and Regulations of the Town of Reading and of
the Commonwealth of Massachusetts shall be followed, and also subject to a satisfactorv
inspection of the establishment by the Town ManaLrer was approved by a vote of 5-0-0.
Vice Chairman Ben Tafoya left the meeting at 9:45 p.m.
HearinLy - "Right Turn Only" - Ash Street at Main Street south of Haven Street - The Secretary
read the hearing notice.
The Town Manager noted that the Board needs to establish two way traffic on the street and
restrict to a right turn only onto Main Street temporarily until the traffic signal is operational.
A motion by Bonazoli seconded by Schubert to close the hearing for the Right Turn Onlv
on Ash Street at Main Street was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Schubert to approve the Right Turn Onlv on Ash Street
(south of Haven Street) eastbound at Main Street. said reLulation to expire at such time as
the traffic signal at this location becomes operational was approved by a vote of 4-0-0.
Approval of Minutes
A motion by Bonazoli seconded by Tafova to approve .the Minutes of November 18. 2008
was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Tafova to approve the Minutes of November 24, 2008
was approved by a vote of 4-0-1, with Anthonv abstaining.
A motion by Schubert seconded by Bonazoli to adjourn the meeting of December 9, 2008 at
10:00 p.m. was approved by a vote of 4-0-0.
Respectfully submitted,
Secretary
Board of Selectmen Meeting
December 16, 2008
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, Library Director Ruth Urell, Human Resources Administrator Carol Roberts,
Recreation Administrator John Feudo, Office Manager Paula Schena and the following list of
interested parties: Priscilla Gottwald, Nancy Swain, Dawn Cunningham, Kim Honetschlager,
Ken Rossetti, Richard Foley, Scott Busnach, Rachel Brown, Susan Axelson, Mark Nelson.
Reports and Comments
Public Comment - Chairman Stephen Goldy noted that there was an email from Lois Bell
regarding parking in the Municipal Lot behind the Atlantic Mart. He also noted that there was
an email from Joyce Taormina regarding the parking on Gould Street. She is having difficulty
backing out of her driveway. There was discussion among the Board regarding the layout of
Gould Street. The Town Manager noted that he backed his car out of her driveway and it is
doable.
Chairman Stephen Goldy noted that there was also an email from Ellen Emmons regarding the
parking and traffic around the schools. He suggested that the Selectmen observe the schools
during the day, and also get an update on the safe route to the school's program. Selectman
Camille Anthony requested that the Principals be contacted to see if they have any issues
regarding parking and traffic.
Selectman Camille Anthony requested that the use of water reserves and the hiring of a DPW
Director be put on the Action Status Report.
Personnel and Appointments
Contributorv Retirement Board - The Board interviewed Richard Foley for one position on the
Contributory Retirement Board.
Bonazoli moved and Tafova seconded to place the followinLy name into nomination for one
position on the Contributorv Retirement Board with a term expirine December 31. 2011:
Richard Folev. Mr. Folev received five votes and was appointed.
Telecommunications and Technologv Advisorv Committee - The Board interviewed Scott M.
Busnach for one position on the Telecommunications and Technology Advisory Committee.
6
Board of Selectmen Meeting- - December 16. 2008 - Paize 2
Bonazoli moved and Tafova seconded to place the following- name into nomination for one
position on the Telecommunications and Technolog-v Advisorv Committee with a term
expiring- June 30, 2011: Scott M. Busnach. Mr. Busnach received five votes and was,
appointed.
Discussion/Action Items
Continued Hearing - Pav and Classification Plan. - Consultant Rachel Brown and Human
Resources Administrator Carol Roberts were present.
The Town Manager noted that there was a memo in the packet indicating the steps in the process
and a list of the meetings with staff. He met with the Library Board and staff on Monday. He
also noted that there was an email in the packet from the Assessors who approve the plan. He
noted that Town Meeting approved $70,000 for the cost to implement the plan, and the revised
cost is $61,000 which is lower than what Town Meeting approved. He stated that there are five
title changes in the plan for Library personnel.
Selectman Richard Schubert asked if the cost of implementation is in the packet for FY09. The
Town Manager indicated that it is, and he explained to staff that the budget that is being built for
FYI 0 has an increase of 0%.
Chairman Stephen Goldy asked if the RCASA Director belongs on the grid because it is paid by
a grant. The Town Manager indicated that all non-union positions need structure and are placed
in the plan. He noted that if the grant goes away, so does the position.
Selectman Camille Anthony asked if the RCASA Director position was placed in Grade I due to
the pay, and Rachel Brown indicated that it was due to the pay. Selectman Anthony noted that it
is not appropriate to place a position in a Grade due to pay. Selectman Richard Schubert
suggested putting an asterisk with a footnote explaining why it is in that grade because it is not
the same level of responsibility. The Town Manager noted that the Program Coordinator is also
the same thing. Selectman James Bonazoli noted that the State determined the salary for the
RCASA Director, not the Town.
Selectman James Bonazoli noted that it was important to be fair and equitable with employees,
and he indicated that it is important to also keep in line with union employees. The Town
Manager noted that he has had meetings with staff and they understand the grid. He also noted
that there are actually little changes from the old structure we're just fine tuning the plan.
Susan Axelson, Chairman of the Library Board of Trustees, thanked the Town Manager for
meeting with the Library Trustees last evening and sharing the information. She requested that
the Trustees be included in the process moving forward.
A motion by Bonazoli seconded by Schubert to close the hearing- on amending- the "Town of
Reading- Classification Plan" and the "Town of Reading- Compensation Plan" as proposed
was approved by a vote of 5-0-0.
~ ~a
Board of Selectmen Meeting - December 16, 2008 - Page 3
A motion by Bonazoli seconded by Anthonv to approve the amendments to the "Town of
Readine Classification Plan" and the "Town of Reading Compensation Plan." as presented
and amended on December 16. 2008. effective with the first full pavroll after January 1,
2009 was approved by a vote of 5-0-0.
Hearing - Liauor Policy Amendments to be Continued to Januarv 6, 2009 - The Secretary read
the hearing notice. Chairman Stephen Goldy noted that the Chamber of Commerce requested
that the hearing be continued because it is a busy time of year for the licensees, and they are not
available to attend the hearing.
A motion by Tafova seconded by Bonazoli to continue the hearing on the liquor voliev
amendments to Januarv 6, 2009 at 8:45 p.m. was approved by a vote of 5-0-0.
Update - Materra Cabin - Selectman James Bonazoli noted that there is a problem with the
septic system, and it will cost $70,000 to convert to the sewer system. The Town Manager noted
that the Town can do some of the sewer conversion.
Recreation Administrator John Feudo noted that Conservation oversees the property. He also
noted that improvements totaling $50,000-$99,000 need to be done for accessibility and group
use.
Selectman Camille Anthony suggested using the Vocational School to do some work. She noted
that the lodge at Brealcheart Reservation was done by the Vocational School and is beautiful.
She asked who is in charge of the cabin, and the Town Manager noted that the scheduling will be
done by Recreation. The sense of the Board was to start using the property as much as possible.
Retort of Washington Park Committee - John Feudo, introduced the members of the Committee
that were present.
Nancy Swain reviewed the process and contacts. She noted that the main reasons people don't
use the park are due to the atmosphere, safety issues, parking is troublesome, and the playground
has no shade. Things that residents would like to see are a pathway, a playground with shade,
improvements in the aesthetics, passive activities and angled parking. Recommendations of the
Committee:
• Move the baseball field
• Improve drainage
• Rebuild the backstop
• Build a shed for storage
• Create two bullpen areas
• Add walking path
• Remove double fence
• Add passive activity
• Install netting to stop balls
• Tennis and basketball courts
• Multi-purpose court
• Move playground to the basketball site 6S3.
Board of Selectmen Meeting - December 16, 2008 - Page 4
Regarding parking and entrances, the Committee suggests that the entrances at Riverside/Warren
be made ADA accessible. They also recommend that the Selectmen pursue parking restrictions
on Warren Avenue. At the Washington Street entrance, they recommend removing the stone wall
and creating diagonal parking.
Regarding the monuments and dedications, they suggest moving the Vietnam Memorial to
behind the baseball backstop, move the water fountain, and move the Pacino rock near the
Warren/Riverside entrance.
Selectman Richard Schubert asked if netting will be needed with the movement of the field.
Representative from the Reading Babe Ruth Baseball Mark Nelson indicated that it will be
needed and the abutters are okay-with that. Selectman Richard Schubert asked about the demand
for a tennis court, and John Feudo noted that one court should be enough because there is not
much demand there.
John Feudo thanked Paul Millet of the Environmental Partners Group for putting together the
plans for the park.
Vice Chairman Ben Tafoya noted that the basketball courts and tennis court are currently
unusable. They need to be improved as soon as possible so more people will use the park.
Selectman Richard Schubert asked about fencing, and Mark Nelson noted that the Varsity Coach
stated that there is no need for fencing. Nancy Swain indicated that the neighborhood doesn't
want a fence - they want to keep it as a park. Vice Chairman Ben Tafoya noted that a fence
would limit the adult use of the park. Selectman Richard Schubert suggested documenting that
there will be no fences.
The Town Manager noted that the Committee dissolves on December 31, 2008. He will
schedule a hearing to talk about implementation. The playground is slated for 2010 but there is
no money for the courts.
This hearing will be scheduled in January.
Update - Birch Meadow Master Plan - The Town Manager noted that the survey work should be
done by the end of the year. He will schedule an update in January, and then put this on the
agenda at the end of February.
Town Manager's Evaluation - Chairman Stephen Goldy thanked Vice Chainnan Ben Tafoya and
Selectman Camille Anthony for putting together the Town Manager's evaluation. Vice Chairman
Ben Tafoya summarized the highlights of the evaluation, and noted that it was an excellent
evaluation. The two items that need more work are follow up on the DPW Study and Customer
Service training. The Board determined that goals will be set in January, and the Town
Manager's salary will be discussed at the next meeting.
6 ,k q .
Board of Selectmen Meeting - December 16. 2008 - Pate 5
Approval of Minutes
A motion by Bonazoli seconded by Schubert to approve the Minutes of November 25. 2008
was approved by a vote of 5-0-0.
A motion by Anthonv seconded by Schubert to adiourn the meeting of December 16. 2008
at 10:00 p.m. was approved by a vote of 5-0-0.
Respectfully submitted,
Secretary
L-~'-? ~
C l ~~C'I
ATLANTIC FOOD MART BUSINESS T , E ' V E D
30 HAVEN STREET S .N L1 i Pd G M Q S S.
READING, MA 01867
2D08 DEC I 1 A 9' S'8
December 1, 2008
Town Clerk
Town of Reading
Town Hall
16 Lowell Street
Reading, MA 01867
Re: Atlantic Food Mart Business Trust
Dear Sir/Madam:
Enclosed for filing is a certificate of the vote authorizing the termination of the
above Massachusetts business trust, the Atlantic Food Mart Business Trust.
Sincerely,
ATLANTIC FOOD MART BUSINESS TRUST
By:
Arnold J. Rubin, Tj4tee 1
100002583.DOC;I
? 6u
CERTIFICATE OF VOTE OF LIQUIDATION AND TERAUNATIoRECEIVED
OF ATLANTIC FOOD MART BUSINESS TRUST DEC 10 2008
The undersigned hereby certify that he is the Trustee of the Atlantic FkWTMpjM7 T,q, COMMONWEq
Business Trust, a Massachusetts Business Trust established by a Declaration of "I WFUlTIONs DIVISION
dated December 29, 1999, as maybe amended (the "Trust"), and that the following vote
was duly adopted by the unanimous written consent of the Trustee and the Shareholders
of the Trust as of Dcecmbcr 1, 2008.
VOTED: That the Trust be voluntarily liquidated, dissolved and terminated
effective as of December 1, 2008, that the Plan of Liquidation in the form
presented to the Trustee and Shareholders (the "Plan") be and hereby
is approved and adopted to effect such liquidation and termination and
that the Trustee is hereby authorized to execute and deliver the Plan
on behalf of the Trust.
This document may be executed in counterparts, each of which shall be deemed an
original, but both of which together shall constitute one and the same instrument.
Undersigned, being the Trustee of the Trust does hereby confirm the above vote was and
does certify that the foregoing represents an actual vote of the Trust and that the Trust is
bound thereby and that said vote is in full force and effect on this date.
IN WITNESS WHEREOF, the undersigned has executed this certificate as of this 1st day
of December, 2008.
ATLANTIC FOOD MART BUSINESS TRUST
Arnold J. Rubin, ruste
{00002581.ooc;}
S z
97w-z
b
William Francis Galvin
Secretary of the
Commonwealth
December 10, 2008
TO WHOM IT MAY CONCERN:
I hereby certify that,
ATLANTIC FOOD MART BUSINESS TRUST
a voluntary association with transferable shares, organized and existing under and
by virtue of the Laws of the Commonwealth of Massachusetts, filed a copy of its
Declaration of Trust dated December 29, 1999, in this office on December 30,
1999 pursuant to Chapter 182 of the Laws of said Commonwealth of
Massachusetts.
I further certify that said association terminated by filing a certificate of
termination on December 10, 2008, effective as of December 1, 2008.
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
Processed By:sam ~ 0,3 '
Town of Reading
Fax: (781) 942-5441
Website: www.ci.reading.rr).a.us
December 9, 2008
Public Works Department
16 Lowell Street
Reading, MA 01867-2683
ENGINEERING DIVISION
(781) 942-9082
Patricia A. Leavenworth, P.E., District Highway Director
519 Appleton Street
Arlington, MA 02476
Re: Reading - Main Street (Rte 28)/Birch Meadow Drive
Dear Mrs. Leavenworth,
Recently the District instituted several safety improvements at the Main Street and Birch
Meadow Drive intersection. While the Town agrees the improvements were necessary and
have dramatically improved pedestrian safety, we have noticed that the No Turn on Red
signage creates a significant amount of unnecessary vehicle idling during evening hours
and when pedestrian traffic is not present.
The Town requests the District consider a review of the intersection to determine if
additional controls or signage are appropriate that would permit the turn on red movement
during less active pedestrian periods.
The Town especially requests the District consider the possibility of installing a LED No
Turn on Red signal similar to the LED at the Haverhill Street and Park Street (Rte 62)
intersection in North Reading. The Led at this location is activated when the east bound
Haverhill Street has a red signal. If a similar LED could be configured to be activated by
the pedestrian phase at the Main Street and Birch Meadow Drive intersection, vehicles
would be able to turn on red during evening hours and when pedestrian traffic is absent
thereby reducing unnecessary vehicle idling.
I look forward to any recommendations you and your staff has regarding this matter, thank
you.
Respectfiilly,
George J. Zambouras, Town Engineer
Cc: Parking Traffic Transportation Task Force
C:\ Documents and Settings\phechenbleilmecTOWN\Local Settings\Temporary Internet Piles\OLKIAB\BirchMeadow-NTR_Light_Req (2).doc
R4-
Comcast
December 15, 2008
Board of Selectmen
Town of Reading
16 Lowell Street
Reading, MA 01867
Re: Service Changes
Dear Members of the Board:
N
8
no
C"_
t.n
-a
In keeping with our ongoing efforts to provide regular updates regarding our service, I would like to
inform you about several new service offerings designed to fulfill customer demand for more High
Definition (HD) programming and advanced digital services.
On January 6, 2009, Comcast will offer the hD Triple Play in your community. The HD Triple Play is a
new service bundle that includes a High-Definition set-top box and High-Definition video service,
Comcast Digital Voice and Comcast High-Speed Internet Service. In order for customers to best match a
bundle with their specific needs, we will offer three tiers of the HD Triple Play: BD Starter, HD Plus,
and hD Premier. Customers will no longer pay extra for HD-capable equipment. As we have reported to
you previously, Comcast is proud to offer more HD choices than any other provider - more than 1,000
HD choices at any given time and growing.
The FID Starter Bundle includes the following services: Digital, Starter video service (80+ digital
channels), On Demand, High-Definition set-top box and service, Comcast High-Speed Internet Service
and Comcast Digital Voice® with the Unlimited calling plan that includes unlimited local and long-
distance calls to the US, Canada, Puerto Rico and certain other U.S. territories. The price for this bundle
is $134.99 per month.
The HD Plats Bundle includes the following services: Digital Preferred video service with HBO@ (150+
digital channels), On Demand, High-Definition set-top box and service, Comcast High-Speed Internet
Service and Comcast Digital Voice® with the Unlimited calling plan that includes unlimited local and
long-distance calls to the US, Canada, Puerto Rico and certain other U.S. territories. The price for this
bundle is $169.99 per month.
The HD Premier Bundle includes the following services: Digital Premier video service (200+ digital
channels) with HBO®, Starz®, Cinemax®, Showtime® and the Sports Entertainment Package, On
Demand, High-Definition Digital Video Recorder (DVR) set-top box and service, Comcast High-Speed
Internet Service and Comcast Digital Voice® with the Unlimited calling plan that includes unlimited
local and long-distance calls to the US, Canada, Puerto Rico and certain other U.S. territories. The price
for this bundle is $209.99 per month.
Customers who subscribe to our current Triple Play bundles will continue to receive them for the
remainder of the bundle term; however, we will not offer these bundles for new subscription after January
19, 2009.
I would also like to take this opportunity to inform you of other changes to our channel line-up that may
impact some of our customers.
~&I -
Reading, MA
Page 2
Effective December 1, 2008, the MOJO network was no longer available as the network ceased
operations as of this date. iN Demand HD programming has replaced this channel.
Effective December 8, 2008, the shared Versus/Golf channel HD currently viewed on digital channel 848
will split and become two separate full-time digital channels. Versus HD programming will move to
digital channel 865, while Golf Channel HD programming will remain on channel 848. A subscription to
Digital Starter service and an HD television with HDTV equipment will continue to be required to view
both channels.
Effective December 17, 2008, the analog feed of WYDN will no longer be available on channel 23.
WYDN will continue to be available on digital channel 295 as part of our Basic Service; however a
digital television or digital cable box will be required to view this channel going forward.
Effective December 17, 2008, CBS College Sports will now be available as part of our Digital Classic
line-up on channel 261. A subscription to Digital Preferred (which includes the Digital Classic line-up)
or the Sports Entertainment Package will be required to view this channel. A Comcast digital cable box is
required to view these services.
Effective December 17, 2008, Major League Baseball (MLB) will be added as part of our Digital Classic
line-up on channel 269. A subscription to Digital Preferred (which includes the Digital Classic line-up)
will be required to view MLB. A Comcast digital cable box is required to view Digital Preferred Service.
All customers will be receiving a new channel lineup with their January billing statement which will
include the changes contained above. 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
g G~
COUNSELORS AT SLAW
GARY S.BRACKETT 19 CEDAR STREET
JUDITH A. PICKETT WORCESTER, MA 01609 OF COUNSEL
ELLEN CALLAHAN DOUCETTE 508-799-9739 ELAINE M. LUCAS
HEATHER W. KINGSBURY FAx 508-799-9799
JASON D. GROSSFIELD
December 17, 2008
8
co
c~
C-)
Anne Hartley rri
Case Administrator
Massachusetts Department of
Environmental Protection
Office of Appeals and Dispute Resolution
One Winter Street
Boston, MA 02108 'x
RE: In the Matter of Robert Zeraschi
DEP Docket No. 2006-115
DALA No. DEP-06-939
Reading/Determination of Applicability
Dear Ms. Hartley:
Enclosed for filing is the Reading Conservation Commission's
Motion for Reconsideration in the above-referenced case.
All parties listed on the attached Service List have been
served via email and first class mail.
Sincerely,
Ir r~
Judith Pickett
Enclosures
cc: F. Fink, Conservation Administrator
P. Hechenbleikner, Town Manager..
g~ .
SERVICE LIST
In The Matter of: Robert Zeraschi
DEP Docket No. 2006-115
DALA Docket No. DEP-06-939
Tile No. SDA
Anne Hartley, Case Administrator
Anne. Hartley@ state. ma. us
Reuresentative
Richard A. Nylen, Jr., Esquire
Lynch, DeSimone & Nylen, LLP
12 Post Office Square
Boston, MA 02109
nylen@ldnllp.com
Partv
APPLICANT/PETITIONER
Robert Zeraschi
Elizabeth Kimball, Esquire
MassDEP/Office of the General Counsel
One Winter Street
Boston, MA 02108
Elizabeth. K imbal l@state.ma.us
DEPARTMENT
Dept. of Environmental Protection
Cc:
Jill Provencal
MassDEP - Northeast Regional Office
205B Lowell Street
Wilmington, MA 01887
Jill. Provencal@state.ma.us
DEPARTMENT
Dept. of Environmental Protection
Reading Conservation Commission
Town Hall
16 Lowell Street
Reading, MA 01867
ffink@ci.reading. ma. us
Date: December 17, 2008
CONCOM
8~-~
COMMONWEALTH OF MASSACHUSETTS
Division of Administrative Law Appeals
In the matter of: ) DALA Docket No. DEP-06-939
Robert Zeraschi ) DEP File NO: SDA
10 Torre Street, Reading
MOTION FOR RECONSIDERATION OF FINAL DECISION BY
CONSERVATION COMMISSION OF THE TOWN OF READING
The Reading Conservation Commission moves for a reconsideration of the Final Decision of the
Commissioner of the Department of Environmental Protection determining that the portion of
Walker's Brook adjacent to Lots G and H on Torre Road in Reading, is a manmade canal and
therefore does not have riverfront area pursuant to the exemption set out at 310 CMR
10.58(2)(a)l.g.
The Final Decision contains erroneous findings of fact and ruling of law.
1. The Final Decision ("Decision") contains contradictory factual findings on the wetland
resource area. In the first paragraph, the Decision states the conclusion of the
Administrative Magistrate that "the watercourse is a "river" as defined in the M.G.L. c.
131, s. 40,310 CMR 10.04 River, and 310 CMR 10.58(2)(a)l. In the same paragraph,
the Final Decision accepts this conclusion that Walkers Brook is a river at the subject
property. Walkers Brook was also characterized as a river (perennial stream) by the
Applicant, the Department, and the Town in the documents on record. The fourth
paragraph of the Decision, in which the Stimson case is cited, states that, "The change in
status of an artificial channel to a river is an accepted principle of riparian law." The
fourth paragraph of the Decision further states, "Thus, the Department and the Reading
ga3
Conservation Commission may be correct that the watercourse at issue here, Walkers
Brook... is now a river despite its manmade origin." However, in spite of the clear
determinations by all parties that Walkers Brook is a "river" as defined in the Act and
Regulations, the Final Decision reaches a directly contradictory conclusion that Walkers
Brook in the vicinity of the two lots at 10 Torre Street is a "manmade canal" as the term
is used 310 CMR 10.58(2)(a)l.g., and thus by implication that Walkers Brook is not a
"river".
There are no factual findings in the Decision to support a conclusion that any part of Walkers
Brook is not a "river". Also, the first sentence of the fourth paragraph of the Decision states
that, the regulations are faithful to the statute, with nothing to suggest that the
Department intended the term "manmade canals" to apply beyond the circumstances of
canals associated with mills and of "inanmade canals" which are not rivers (emphasis added)
such as the Cape Cod Canal. There are no factual findings in the Decision that Walkers
Brook is associated with an historic mill complex. There are no factual findings in the
Decision that Walkers Brook is a rnanmade canal which is not a river. The regulation does
not provide that "manmade portions of rivers do not have riverfront areas". Instead, the
regulation provides that "manmade canals do not have riverfront areas". Walkers Brook can
not be a canal if it is a river, and if it is a river, it has a riverfront area.
Walkers Brook at the location of Lots G and H is a perennial stream with a natural vegetated
bank and should be correctly identified as a river, and the land within 200 feet of the bank of
Walkers Brook at the location of Lots G and H should be correctly identified as riverfront
area subject to protection under G.L.c.131, §40, and the Regulations in 310 CMR 10.00.
2. The grandfather provisions set out in G.L.c.131, §40, and the Regulations (31.0 CMR
10.00) do not support the ruling of law that excludes rerouted rivers and perennial
streams from being regulated as "riverfront areas".
The Act contains clear, simple language in Section 18 where it defines "riverfront area",
and includes in the definition a number of specific exceptions to the general definition. These
exceptions include exceptions for densely developed areas, certain agricultural lands, certain
types of work subject to Chapter 91, as well as the following exceptions:
The riverfront area shall not include land now or formerly associated
with historic mill complexes including, but not limited to, the mill
complexes in the cities of Holyoke, Taunton, Fitchburg, Haverhill, Methuen
and Medford in existence prior to nineteen hundred and forty-six and
situated landward of the waterside fagade of a retaining wall, building,
sluiceway, or other structure existing on the effective date of this act. The
riverfront area shall not apply to any mosquito control work done under the
provisions of clause (36) of section five of chapter forty, of chapter two
hundred and fifty two or of any special act
The Act does not provide any specific exemption for "canals" in Section 18 or elsewhere.
The Regulations in 310 CMR 10.04 include definitions directly related to the statute for
"land in agricultural use", "densely developed area", "historic mill complex", "river", "stream",
and "riverfront area". "River" and "riverfront area" are further defined in 310 CMR 10.58.
"Canal" is not defined in the Regulations. The definitions of "river" and "stream" do not state
that "canals" are "rivers" or "streams".
The Regulations also include the exception in 310 CMR 10.58(2) (a) l.g.:
Manmade canals (e.g., the Cape Cod Canal and canals diverted from
rivers in Lowell and Holyoke) and mosquito ditches associated with
coastal rivers do not have riverfront areas.
q s
The Final Decision makes no finding of fact that Walkers Brook at 10 Torre Street is a
coastal mosquito control ditch or that the Request for Determination of Applicability included
any proposal to carry out mosquito control work.
The Final Decision in paragraphs two and three sets forth a theory that the exception for
manmade canals in the Regulations "appears to reside in the statutory definition of `riverfiont
area' specifically in the exemption for historic mill complexes. The Final Decision finds that
two of the examples of canals provided in the Regulation are canals in historic mill complexes,
and that the third example, the Cape Cod Canal, is a manmade canal which is not a river. As
noted in the first section, the Final Decision further finds that:
The grandfather and exemptions provisions in the regulations are faithful
to the statute, with nothing to suggest that the Department intended the
term "manmade canals" to apply beyond the circumstances of canals
associated with mills and of "manmade canals" which are not rivers, such
as the Cape Cod Canal.
If the Final Decision makes no finding of fact that Walkers Brook at 10 Torre Street is part of an
historic mill complex, and makes no finding of fact that Walkers Brook at 10 Torre Street is not
a river (perennial stream), then Walkers Brook at 10 Torre Street can not qualify for the
exemption in the statute or the exemption in 310 CMR 10.58 (2)(a)l.g. To extend the exemption
to portions of rivers and streams that are manmade would be a serious detriment to the purposes
of the Rivers Protection Act, the Wetlands Protection Act, and the Regulations in 310 CMR
10.00, and would go beyond the intention of the enactors of the statutes and regulations.
3. The Final Decision does not narrowly construe the exception, and may indeed have the
effect of expanding the exception beyond mill canals and canals that are not rivers to any
manmade portion of any river.
d
g
4
The Final Decision strictly limits the determination that Walkers Brook is a canal to "only
...these two lots" (par. 1) and "Lots G and H on Torre Road (sic) in Reading (par. 5) and
makes no finding of fact as to what characteristics distinguish this particular portion of
Walkers Brook from any other portion of Walkers Brook.
The Final Decision notes, "that case-by-case determination on the status of watercourses
based on the undefined term, `manmade canal' is likely to yield inconsistent results as
various interested persons may reach this question: landowners, conservation commissions,
and the Department". The Final Decision asks "the Wetlands Program to review this
question and either by policy or regulation clarify what watercourses, other than the canals
and mosquito ditches specified in the statute, if any, should not have riverfront areas."
If the "undefined term... is likely to yield inconsistent results", then the Final Decision
should have narrowly construed its application in this case, and reached a decision based on
the intentions of the enactors and the purposes of the statutes and regulations, giving the
benefit of the doubt to the protection of the riverfront area along Walkers Brook. The
Decision. as issued leaves the Reading Conservation Commission and anyone proposing work
near Walkers Brook in a complete state of confusion, and places a heavy burden on the
Commission in performing their duties under the statutes and regulations. The Decision also
leaves other Commissions, applicants, landowners, and the Department in a state of
confusion.
The Reading Conservation Commission requests that the Commissioner reconsider the facts
and legal principles in this case and issue a revised Final Decision that Walkers Brook is a
~-7
4! C~ 60~ W I U St t
Wellesley, MA 02481 T WN CLERK
o Equity Residential 781.943.4500 . READING, MASS.
December 15, 2008 781.943.4516 FAx ry~
EquityResidential16H DEC 2 3 P 12= S b
Town Clerk
Town Hall
16 Lowell St.
Reading, MA 01867
Dear Sir or Madam:
Equity Residential (EQR) is the owner of Cedar Glen, a 114 unit property, operating
under a Section 8 Program, located in Reading.
As the result of our completion of a strategic portfolio analysis of our property
holdings nationwide, we have recently made the decision to reduce our exposure to
assisted rental housing. Currently, the company owns approximately six hundred
(600) market rate communities throughout the country and the property referenced
above is one of only fourteen "deep subsidy" rental projects owned by the company
nationwide. After much careful deliberation over several years, we have come to the
conclusion that the interests of both our shareholders and our valued low-income
residents could be better served through the sale of our affordable apartment
properties to well qualified buyers with specific experience and strong track records
in owning and managing similar government-assisted rental communities.
As a consequence of this portfolio re-positioning effort, we have engaged the firm of
Cushman and Wakefield to solicit offers for the sale of several rental properties in
New England. Please be assured we are sensitive to the fact that the sale of any
affordable rental property may carry with it a heightened level of concern on the part
of our residents as well as Local, State, and Federal public officials. To this end, we
have engaged the services of Joe Armstrong of the firm, Multifamily Capital
Resources, Inc. (MCR), to serve as our liaison with all parties who feel they might in
some way be affected by the sales process or who simply may desire further
information as we proceed with efforts to market the properties to potential qualified
buyers. Mr. Armstrong is a highly respected consultant with over twenty years of
experience working within the affordable housing field, ten of which were spent
working for HUD's own Boston Office. As such, we have appreciated his guidance
to date as we strive to identify and minimize any potential adverse impacts these
proposed property sales might otherwise have upon tenants and the communities of
which we are a part. Specifically, EQR stands ready to offer assurances to all
current Section 8 residents that there will be no disruption at all to their rental
assistance as the result of any possible sale.
This letter serves as our courtesy notification to you that Equity Residential will be
placing this property on the market later this week. Should you have questions or
concerns please contact Joe Armstrong directly at 781 545-7459 or by e-mail at
JoeA.rmstrong@multifainilycapital.net
As real estate investment professionals with extensive experience working within the
Greater Boston marketplace and beyond, we are personally committed to ensuring
that any and all questions or concerns regarding this sales process are addressed in a
timely manner.
Sincerely,
Christopher Reilly
Senior Vice President, Operations
4~y
, 1_5-j "
Vice President - Investments
z
d
Deval L: Patrick
GOVERNOR
Timothy P. Murray
LIEUTENANT GOVERNOR
Ian A. Bowles
SECRETARY
December, 2008
a~
w
Tel: (6' ) 626-1000
Fax: (671) 626-1181
Re: FY2009 Local Acquisitions for Natural Diversity
(LAND) Grant Program, 2°d Round
Dear Prospective LAND Applicant:
Thank Executive Office of Energy and Environmental Affairs is pleased to offer a Local Acquisitions for Natural Diversity
(LAND) Grant Program Second Round for Fiscal Year 2009. The LAND grant program provides financial assistance to
municipal conservation commissions for the acquisition of interests in land for the purposes of conservation and passive
recreation.
Estimated Value of Grant Programs
The maximum reimbursement available from the LAND program is based on your community's equalized valuation per
capita decile rank and ranges from 52% to 70% of the total project cost. The maximum grant award for any project is
$500,000. The reimbursement rate and maximum grant award may be raised or lowered at the discretion of the Secretary.
As for all grant programs, there is no guarantee that monies will be awarded.
Eligible Cost Policv for FY09
Be sure not to close on the property until your application has been successful and you have an executed contract with
DCS. Acquisition projects must be completed and closed out by June 30, 2009.
DCS will offer a "how-to" workshop on Wednesday, January 21, 2009 from loam to 12 noon in Boston at 100 Cambridge
Street, on the 2nd floor conference room A. I strongly recommend that you attend the workshop if you plan to apply, and
ask you to RSVP to Celia Riechel at (617) 626-1187. You should also contact her with any questions you may have. The
workshop presentation and answers to any questions received before Wednesday, February 25, 2009 will be posted on the
DCS website. Only question's submitted in writing or asked at the workshop will be addressed by DCS staff.
Grant Award Schedule:
I Application Release Date: ( December 12. 2008
( Workshop Date: I Wednesday, Januarv 21, 2009 at l Dam
End of Question Period: I Wednesdav, Februarv 25, 2009
Application Deadline: ( Thursdav, March 12, 2009 at 3pm
Site Inspections: ( Completed by 2 - 3 weeks after application deadline
Award Announcement: ( Anticipated announcement on or about 60 days from Application Deadline
I Proiect Completion Deadline: June 30, 2009
Sincerely; j
Robert O'Connor ,
Director
2-'he Commmiumalth of Massachusetts
E,-cecutive Office of Energy and rEnvironmentaCAffairs
100 Cambridge Street, Suite 900
Ooston, VIA 02114
A SSIF W F Deval L. Patack TmoW Murray Bemard Cohen
HIGHWAY Governor LtG~m~r ss~cretw
Peter I. Hechenbleikner, Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
December 17, 2008
Subject: MassHighway Project 604878:1-93 Resurfacing and related work
Dear Mr. Hechenbleikner:
G/cp~x
Luisa Paiewonsky AV
Commissioner 56 %0 i
MASSACHUSETTS
EXECUTIVE OFFICE
OF TRANSPORTATION
w
w
o .
J
On behalf of the Massachusetts Highway Department, I am writing to inform you that
MassHighway's Project Review Committee has evaluated the subject project and determined
that it is eligible for Federal Aid IM funding. MassHighway will now begin the project
development process for this project.
It should be noted that Project Review Committee approval is not a commitment of state or
federal funding to the project. MassHighway, in conjunction with the Boston MPO, continually
evaluates transportation needs and priorities. We will keep you informed of the project's
progress, and will involve you in. any key decisions related to the project scope, any right-.of-way
impacts, possible environmental concerns, traffic management plans, or anything else as
warranted. You can monitor this project's progress by utilizing the project information system
available to the public through MassHighway's web site at www.mhd.state.ma.us/Droiectinfo.
You may also contact this District office for more information.
Thank you for your supportfor transportation system improvements. If you have any questions,
or would like additional information, please contact me, or Albert Li, the Project Manager, at
(617) 973-7734.
l'atrici~avenworth, P.E.
District Highway Director
L
Massachusetts Highway Department. District 4d, 519 Appleton Street, Arlington, MA 02476 • (781) 641-8300
Peter I. Hechenbleikner, Town Manager -2-
cc: Luisa Paiewonsky, Commissioner
Frank A. Tramontozzi, P.E., Chief Engineer
Mark Guenard, EOT Office of Transportation Planning
Albert Li, Project Manager
Project Review Committee
Hayes Morrison, CTPS
Frank Suszynski, DPDE
December 17, 2008
/-/c. Qbs
Comcast®
Comcast Cable
55 Concord Street
North Reading, MA 01864
www.comcast.com
December 30, 2008
Via Hand Delivery
Board of Selectmen
Town of Reading
16 Lowell Street
Reading, MA 01867
Dear Chairman and Members of the Board:
Pursuant to the Agreement By and Between the Town of Reading and Comcast of Massachusetts
I, Inc. Regarding Payment to Town/Discontinuation of Institutional Network (the "Agreement")
dated November 24, 2008, enclosed please find a check made payable to the Town of Reading (the
"Town") in the amount of One Hundred Seventy Thousand Dollars ($170,000.00). This payment
satisfies the requirement under said Agreement that Comcast shall, within sixty (60) days of the
November 24, 2008 execution of the new Cable Television Renewal License provide this one-time
payment to the Town.
Please let me know if you have any questions about this payment or about any other cable-related
issues. In the meantime, we look forward to continuing our positive relationship with you and the
residents of the Town of Reading. Happy New Year to you all.
Sincerely,
Jane M. Lyman
Sr. Manager of Government and Community Relations
Enclosure
cc: Peter Hechenbleikner, Town Manager./.
Timothy G. Murnane, Comcast Regional Vice President Government Relations
g'k'
cast COMCAST FINANCIAL AGENCY CORPORATION
(SoM
A Comcast Cable Communications Group Company
Northern Division Office
676 Island Pond Road
Manchester, NH 03109
Date : 16-DEC-08 Vendor Name : READING TOWN OF MA
INVOICE NO. INVOICE DATE DESCRIPTION
303CR12080 08-DEC-08 2M MURRAY READING 303CR120808
1102893002180 1:044 54431:
AL
REMITTANCE ADVICE
No. 289300218
Vendor No. 154878
DISCOUNT AMOUNT NET AMOUNT
0.00 170,000.00
6?5 5 28 3 4 311'
?--I-
Llc~(
6'4 THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF TRANSPORTATION
DEVAL L. PATRICK
GOVERNOR
TIMUTHY P. MURRAY
LIEUTENANT GOVERNOR
BERNARD CUHEN
SECRETARY
December 18, 2008
Ian A. Bowles, Secretary
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114-2150
RE: Reading - Reading Woods - SEIR
(EOEA #14252)
ATTN: MEPA Unit
Holly Johnson
Dear Secretary Bowles:
On behalf of the Executive Office of Transportation, I am submitting comments regarding
the proposed Reading Woods project in Reading, as prepared by the Office of Transportation
Planning. If you have any questions regarding these comments, please call J. Lionel Lucien, P.E.,
Manager of the Public/Private Development Unit, at (617) 973-7341.
Si ly,
David J. Mohler
Deputy Secretary for Planning
DEWill
TEN PARK PLAZA, BOSTON, MA 02116-3969
TELEPHONE: (617) 973-7000 e TELEFAX: (617) 523-6454 9 TDD: (617) 973-7306 ° WWW.MASS.GOVIEOT
9
cc: Luisa Paiewonsky, Commissioner
Frank Tramontozzi, P.E., Chief Engineer
Patricia Leavenworth, P.E., District 4 Highway Director
Neil Boudreau, State Traffic Engineer
PPDU files
MPO Activities files
Planning Board, Town of Reading
Metropolitan Area Planning Council
Boston Region Metropolitan Planning Organization
y
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
OFFICE OF TRANSPORTATION PLANNING
MEMORANDUM
TO: David Mohler, Deputy Secretary for Planning
Executive Office of Transportation and Public Works
FROM: J. Lionel Lucie , Manager
Public/Priva e opment Unit
DATE: December 18, 2008
RE: Reading - Reading Woods - SEIR
(EOEEA # 14252)
The Public/Private Development Unit has reviewed the Single Environmental Impact
Report (SEIR) for Reading Woods project in Reading. The proposed project entails the
redevelopment of the 24.8-acre Addison Wesley-Longman campus that formerly contained
approximately 208,000 square feet of office space in six buildings. The site is located adjacent to
the I-95/Route 28 interchange with access to the site via Jacob Way. The site is generally bound
by Route 28 to the east, South Street to the north, Curtis Street to the west, and I-95 to the south.
The site had previously been reviewed in MEPA (EOEEA #12165) as a mixed-use development
containing 600,000 square feet of office space, a 300-room hotel, and parking for 2,300 vehicles.
While allowed under current zoning, this project was never constructed. As currently proposed,
the development will consist of the construction of 202 apartment units in two buildings, 142
independent and assisted living units, 16 townhomes, 160,000 square feet of office space, and
1,601 parking spaces. Based on information provided in the SEIR, the project at full-build is
expected to generate approximately 3,890 vehicle trips on an average weekday. The project
categorically requires the preparation of an Environmental Impact Report (EIR) and will also
require a MassI3ighway permit for indirect access to I-95.
The SEIR included a traffic study that generally conforms to the EOEEA/EOTPW
Guidelines for Traffic Impact Assessment. The SEIR has analyzed the traffic and proposed
mitigation measures that will address the project's impact on the state highway system. In order
to mitigate the transportation-related impacts of this project, the proponent has committed to
implement physical roadway and traffic control improvements at the following intersection
locations:
Route 28 (Main Street)/South Street
South Street/Jacob Way
~~3
Reading - Reading Woods 2 12/18/2008
The proponent has also committed to implement a comprehensive transportation demand
management (TDM) program aimed at reducing single occupant vehicle trips to and from the
site. The TDM program includes designating an on-site transportation coordinator, a car/vanpool
program, pedestrian infrastructure and bicycle facilities, and partial financial support for a shuttle
bus that will link the development to the Reading MBTA commuter rail station, the public library
and other locations. The SEIR includes an analysis of the greenhouse gas emissions impact of
the project. This analysis shows that the proponent has made an adequate commitment to
reducing greenhouse gas emissions through the proposed intersection improvements and TDM
measures.
The proposed development abuts a planned highway improvement, associated with the
reconstruction of the I-93/1-95 interchange, to expand I-95 from three lanes to four lanes in each
direction. The planned expansion is expected to be accommodated within the existing right-of-
way. We request that the proponent coordinate with MassHighway to ensure that the proposed
project is designed to minimize impacts on this planned MassHighway project.
The SEIR includes a letter of commitment that will serve as the basis for MassHighway
to issue a Section 61 finding for the project. If you have any questions regarding these
comments, please contact Paul Nelson at (617) 973-7479.
t /
GARY S. BRACKETT
JUDITH A. PICKETT
ELLEN CALLAHAN DOUCETTE-
I-IEATHER W. I INGSBURY
JASON D. GROSSFIELD
BRACKETT & LUCAS
COUNSELORS AT LAW
19 CEDAR STREET
WORCESTER, MA 01609
503-799-9739
FAZ 508-799-9799
M E M O R A N D U M
TO: Municipal Clients
FROM: Gary S. Brackett, Town Counsel
DATE: November 20, 2008
CC: Brackett & Lucas Attorneys
RE: Attorney-Client Privilege
C,
OF COUNSEL
ELAINE M. LUCAS
SCO-0I ,w1
COAA.1-e-..
In our Municipal Law Newsletter, we previously reported that,
in July of 2007, the Supreme Judicial Court ("SJC") confirmed the
existence of the attorney-client privilege relative to
communications between municipal attorneys and their clients.
Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444
(2007). This decision has had a significant impact on the status
of legal opinions we provide to our clients in our capacity as Town
Counsel, and we write this advisory to answer questions that have
arisen as a result of this recent case. This memorandum provides
guidance as to how our legal opinions should be received, how to
protect the confidential nature of our opinions, and how the
attorney-client privilege may be waived.
I. SUFFOLK CONSTR. CO. v. DIV. OF CAPITAL ASSET MGMT.
In Suffolk Construction Co. v. Division of Capital Asset
Manaqement, the SJC held that 1) the attorney-client privilege
exists in the public sector; and 2) the legislature did not
extinguish the attorney-client privilege for government entities
when it enacted G.L. c. 66, §10 and G.L. c. 4, §7, 126, comprising
the so-called "Public Records Law." 449 Mass. at 445, 450.
The attorney-client privilege shields from the view of third
parties all confidential communications between a client and its
attorney undertaken for the purposes of obtaining legal advice.
Id. at 448. The SJC recognized the benefits of applying the
privilege to the public sector, including:
the realities of modern government in which public employees
must routinely seek advice from counsel on how to meet their
obligations to the public. It is in the public interest that
I
they be able to do so in circumstances that encourage complete
candor, without inhibitions arising from the fear that what
they communicate will be disclosed to the world.
Id. at 450.
The SJC rejected Suffolk Construction's argument that
application of the privilege in the public sector would contravene
the legislature's policy favoring open government. Id. at 459-60.
In so doing, the SJC recognized the protections in place to prevent
public officials from misusing the privilege. Public officials
seeking the protection bear the burden of proving applicability of
the privilege and are required to produce detailed indices to
support their claims of privilege. Id. at 460.
II. LIMITATIONS OF SUFFOLK CONSTRUCTION
A. Non-Privileged Communications
Some communications between municipal attorneys and their
clients are not privileged. Some examples of non-privileged
communications between public officials and municipal counsel are:
• Communications regarding policy matters, rather than legal
matters;
• Communications seeking assistance in furtherance of criminal
conduct or fraud;
• Communications in which a municipal official consults the
attorney, not as a lawyer, but in another capacity.
Additionally, correspondence between a municipal official and a
third party does not automatically become privileged by providing a
copy to municipal counsel.
B. Open Meetinq Law
While Suffolk Construction unequivocally holds that the
attorney-client privilege protects confidential communications
between municipal attorneys and their clients, neither Suffolk
Construction nor any Massachusetts appellate court decision to date
addresses the issue of whether the legislature intended the open
Meeting Law to abrogate the attorney-client privilege. Moreover,
recent attempts to amend the Open Meeting Law to create an explicit
exception for attorney-client privileged communications have not
been successful. Thus, the state of the law is unsettled as to
whether "confidential communication with legal counsel" is a proper
purpose for a public body to enter into executive session.
Some of our fellow municipal attorneys are taking the position
that the privilege does, in fact, serve as an independent basis for
entering executive session. However, to date, we have not received
any guidance from the various District Attorney's Offices as to
whether they consider the attorney-client privilege an independent
basis for entering executive session. Given the lack of clarity in
both case law and the current legislation, we recommend that public
boards rely on and cite one or more of the statutory grounds, in
addition to the privilege, before entering executive session.
III. PROCEDURES
. This office will make every effort to assist our clients in
protecting the attorney-client privilege. To that end, we will
endeavor to mark all confidential correspondence with the following
heading:
CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGE
NOT A PUBLIC RECORD
We recommend that'all municipal officials requesting legal advice
insert a similar heading on their correspondence with this office.
While this heading will help identify privileged documents,. it
should be noted that a privileged communication is not
automatically converted to a public record if the writer
inadvertently omits the heading.
A municipal official or board engaged in confidential
correspondence with this office should not share the correspondence
with members of the public, other town boards to whom the
correspondence was not addressed, or other third parties, unless
the official or board intends to waive the privilege as discussed
below. Clients should not copy any unnecessary parties or non-
municipal employees on correspondence with this office.
Confidential e-mails between municipal officials and this office
should not be forwarded to third parties.
We recognize that there will be circumstances under which our
clients will want to share our advice with third parties or the
public. We request that, whenever possible, municipal officials
seeking our assistance should advise us in advance if they
anticipate the need for disclosure.
Where a legal opinion is issued to a board, the privilege
belongs to that board as a whole. Therefore, a single member of a
board should not unilaterally determine that the document may be
shared with third parties. If a board wants to request that we
prepare an opinion to be shared with third parties, or to waive the
privilege with respect to a confidential opinion previously issued,
the full board should vote, as a body at a posted meeting, as, to
whether the opinion should be released.
~~3
\Ij
When faced with a public records request, the custodian of
the
records should differentiate between documents that must be
disclosed and documents that contain privileged attorney-client
communications. In order to be withheld, a particular document
must have been created in connection with the provision of legal
advice to the government body, in confidence, and without waiver
of
the privilege. The history of each document should be examined
to
determine whether, at any time, the privilege was waived by vote
of
the receiving board, by reading the document into the minutes of
a
public meeting, or otherwise released to a third party. This .
office is available to assist our clients in reviewing documents
to
determine whether they may properly be withheld in response to a
public records request.
If any requested documents are determined to be privileged,
the custodian should maintain a "privilege log," or list of
documents being withheld as privileged. In the event of any appeal
to the Supervisor of Public Records by the requesting party, the
custodian of the records will be required to produce the privilege
log, and the Supervisor may even conduct an in camera review
(private, in person review in the Supervisor's chambers) of the
itemized documents to determine whether they were properly
withheld.
Please feel free to contact this office with any questions
regarding the implementation of the above-described procedures. To
supplement this memorandum, we are attaching an advisory prepared
by the Attorney General's Office containing additional instruction
as to the impact of the SJC's decision in Suffolk Construction.
This office will continue to monitor any proposed legislative
amendments and new case law that will provide further guidance, and
we will keep you apprised of any developments. Thank you for your
cooperation.
Page 1 of 1
4/C 6 os'
Schena, Paula
From: Hechenbleikner, Peter
Sent: Wednesday, December 24, 2008 8:42 AM
To: Schena, Paula
Subject: FW: 1-93/1-95 Interchange Woburn/Reading/Stoneham/Wakefield
I/c Board of Selectmen
From: Frey, Bob (EOT) [mailto: Bob. Frey@state.ma. us]
Sent: Tuesday, December 23, 2008 12:21 PM
To: Corey, John; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis;
Cosgrove, Joe; DiBlasi, Joe; Doyle, Jennifer; Everson, Jeff; Festa, Mike; Gallagher, Jim; Grover, Robert; Grzegorzewski,
Josh; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig;
Mayo, Rich; McLaughlin, Tom; Meaney, Paul; Medeiros, Paul; Motter, Andy; Natale, Patrick; Ragucci, David; Rogers,
Maureen A.; Schmiedl, Elliot; Smith, Suzanne; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill
Cc: Alfasso, Ruth; Blaustein, Joan; Chong, Michael; Cooke, Don; Crupi, Andrea (SEN); DiSarcina, Tony; Draisen, Mark
(MAPC); Edwards, Adriel (EOT); Frey, Bob (EOT); Harwood, Tracey (Mayor McLaughlin); Town Manager; Janikula, Tom;
Madden, Diane; Martel, Justin (HOU); McKinnon, Anne; McLaughlin, Thomas; McVann, John; Medeiros, Paul (work);
O'Rourke, Carmen (HOU); Purdy, Jim; Pyke, Keri; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; VanMagness, Frederick
(HOU); Walsh, Kevin
Subject: I-93/1-95 Interchange Woburn/Reading/Stoneham/Wakefield
Hello and Seasons Greetings:
It's hard to believe a whole year has already passed since my last update to all of you. Unfortunately, this year has not
seen much progress in advancing the recommendations of the 1-93/195 Interchange Transportation Study. The reasons
behind the delay in progress are numerous: continued funding issues, organizational restructuring, and various competing
challenges brought on by the overall economic downturn, just to name a few.
Right now, as time and resources permit, we are focusing on those short-terms recommendations that could potentially be
accomplished with a minimum of delays when considering all the various regulations, permitting requirements, agency
priorities and coordination, and other various implementation challenges. This focus has centered on implementing
Alternative H1 - added travel lanes on Route 128, mostly east of the interchange.
We are currently working closely with MassHighway to request a "phase 1 waiver" from the MEPA process. This process
typically confirms that there would be no significant environmental impacts when constructing a highway improvement.
This work involves wetlands delineation, calculation of impervious surface areas, and reviews of drainage,
existing/planned shoulders and other various roadway characteristics. With approval of a phase 1 waiver, an
improvement (in whole or part) would be allowed to proceed before completion of a full environmental impact report (EIR).
MassHighway has recently collected some of the needed information, and we will soon be able to fully assess our
chances for a waiver (FHWA approval is also required).
We still intend to proceed with the EIR as time and resources permit. All information related to the completed planning
study, environmental notification form, and MEPA certificate is still available at www.9395info.com.
I will continue to inform everyone of further significant news or milestones once available.
Happy Holidays and Best Wishes for 2009 1
Bob Frey
Manager of Transportation Analysis
Office of Transportation Planning
Massachusetts Executive Office of Transportation
(617) 973-7449
bob.frey@eot.state.ma.us
12/29/2008
Page 1 of 1
~/c Qds
Schena, Paula
From: Hechenbleikner, Peter
Sent: Friday, January 02, 2009 9:59 AM
To: Reading - Selectmen
Cc: Schena, Paula
Subject: FW:
I/c Board of Selectmen
From: Jackson, Deborah
Sent: Wednesday, December 31, 2008 11:52 AM
To: Hechenbleikner, Peter
Cc: LeLacheur, Bob
Subject:
Peter and Bob,
Just so you are not blind sided, there was a transfer of the Archstone properties on West Street for $48,500,000
recorded in Banker & Tradesman this past week. We have them assessed for $25,000,000. Will check out the
sale, thinking that they have a group that builds the buildings and then sells to their managing partners. This has
been their MO for their new projects with no income supporting these sale prices, they look like negotiated
amounts with future value considerations, not arms length. If it is an arms length sale, will raise the assessment!
Deb
Deborah A. Jackson
Town of Reading
Appraiser
phone 978-942-9027
fax 978-942-9037
1/2/2009
vwut vs
TRACKING OF LEGAL SERVICES - FY 2009
Monthly.
Hours '
$
Month
Monthly
Monthlv
Hours
Cumulative
Available
Monthlv
Monthly
Available
Hours
Hours
Used vs
±l-
Remainder
$
$
Remainder
Allocated
Used
Allocated
of Year
Allocated
Used
of Year
July
50.0
44.6
5.40
5.40
555.40
$7,000
$6,049
$77,951
August
50.0
56.8
(6.80)
(1.40)
498.6
$7,000
$7,668
$70,283
Septembei
50.0
50.7
(0.70)
(2.10)
447.9
$7,000
$6,861
$63,422
October
50.0
38.5
11.50
9.40
409.4
$7,000
$5,226
$58,196
November
50.0
70.5
(20.50)
(11.10)
338.9
$7,000
$9,954
$48,242
December
50.0
50.00 i
$7,000
January
50.0
$7,000
February
50.0
$7,000
March
50.0
$7,000
April
50:0
$7,000
May
50.0
$7,000
June
50.0
$7,000
Total
600.0
$84,000
ov .