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2008-10-28 Board of Selectmen Packet
Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams Website: www.readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: October 24, 2008 RE: Agenda - October 28, 2008 TOWN MANAGER (781) 942-9043 3a) Selectman Steve Goldy will be introducing Sarah Mulroy who is the youth liaison to the Board of Selectmen. She will be seated at the dais next to Paula Schena. The Board may want to take a recess at approximately 9:00 p.m. so that the youth liaison may leave if she chooses to. 4a) Irene Collins, Executive Director of the Reading/North Reading Chamber of Commerce and Priscilla Gottwald, President of the Reading/North Reading Chamber of Commerce will be present to let the Board and Community know what the plans are for the Tree Lighting and to acknowledge the donation from the Reading Municipal Light Department of the LED lights for two of the trees on the Common. The lights themselves will have been delivered directly to the DPW. 4b) Earlier this year, the Board of Selectmen directed Town Counsel to develop a lease extension for the Burbank Ice Arena Authority for 10 years. Upon further investigation, Town Counsel has determined that only one five year extension is available upon the terms and conditions of the original lease. Attached is a copy of the 2004 extension, and a copy of the motion previously approved by the Board of Selectmen this year. Pursuant to the lease, a hearing has been scheduled for the Board to determine whether or not the Reading Ice Arena Authority has met all of the terms of the current lease, and whether the Board of Selectmen should grant the additional extension of the lease. 4c) The Wine Shop of Reading has a sales agreement to sell their business. This will require a transfer of the liquor license. This is scheduled for a hearing on Tuesday night. As of this date, not all of the staff reviews have been completed. We hope to have those completed by the Selectmen's meeting on the 28`x'. If they are not completed then the Board may consider continuing the hearing to the Board's next meeting. 4d) Attached is a list of all the liquor license holders. These are scheduled for renewal at the Selectmen's Meeting on November 25, 2008. Generally, we do not have the licensees come before the Board for renewal. If the Board can review the list and let me know if you want any of these licensees to appear before the Board at the time that the renewals are scheduled to place, then we will let the licensee know that. 4e) The Board has indicated an interest in considering modification of the Aquifer Protection District Regulations, now that the Town is no longer utilizing the well systems routinely for our public drinking water. Any change in the regulations would require Water Resource Commission approval. I have attached a copy of the current Aquifer Protection District regulations from the Zoning Bylaw for the Board to review and to determine what if any kinds of changes to the regulations that they would like to see. We can then review this broadly with the Water Resource Commission and staff to see if such changes may be appropriate. 4f) The Board of Selectmen has indicated an interest in possibly bidding our property and casualty and workers comp insurance program. On Tuesday night we will have the total cost of property and casualty and workers comp as well as our expenditures to date. If we are going to renew these programs for July 1, 2009, I would need to begin the process of hiring a consultant to develop the proposals during the month of November. PIH/ps Hechenbleikner, Peter From: Jackson, Deborah Sent: Wednesday, October 22, 2008 4:23 PM To: Hechenbleikner, Peter Subject: RE: Assessed Value Peter, FY 2008 Assessments are as follows: Map 247 Lot 1 Land $282,400 Building $14,600 Map 247 Lot 1 B Land $255,500 Building $10,900 FY 2009 values approved last week Map 247 Lot 1 Land $271,900 Building $14,900 Map 247 Lot 1B Land $242,700 Building $11,100 FYI We are assessing 8.5 acres for map 247 Lot 1? Debby Jackson Appraiser Town of Reading From: Hechenbleikner, Peter Sent: Wednesday, October 22, 2008 2:22 PM To: Jackson, Deborah Subject: Assessed Value Total $297,000 Total $266,400 Total $286,800 Total $253,800 V" Page 1 of 1 Can you tell me the assessed value of the following parcels - broken down by land and improvements: • containing approximately 9.045 acres located on Main Street shown as Lot 1 on Board of Assessors' Map 247 currently believed to be owned by Hazel V. Malcom et al. Trust, containing approximately .59 acres located on Main Street shown as Lot 1B on Board of Assessors' Map 247 currently believed to be owned by Hazel V. Malcom et al. Trust ~ (/-~A 10/22/2008 Page 1 of 1 'r. Y)-,G2, A-VA--,,r Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, October 22, 2008 5:09 PM To: Feudo, John Cc: Schena, Paula Subject: RE: RMSL -Donation Please return it with a note that says that the Board of Selectmen has not yet approved the full Master Plan for Birch Meadow and that once approved, if it includes a scoreboard, we would be delighted to receive the gift. Pete town Manager's report From: Feudo, John Sent: Wednesday, October 22, 2008 3:36 PM To: Hechenbleikner, Peter Subject: RMSL -Donation Hi Peter, Today I received an unsolicited donation from Reading Men's Softball for $2000 to put toward a scoreboard for the Lighted Softball Field. This item is in the Birch Meadow Master plan, but as you know it has not been accepted by the Board. Does the Board of Selectmen want to accept the donation or shall I mail it back to them and ask them to wait on the approval? Thoughts... John A. Feudo Recreation Administrator Town of Reading C.')' 10/23/2008 LEGAL NOTICE TOWN OF READING To the inhabitants ~of the Town of Reading: Pleaee take noticethat the Board' of Selectmen of the .Town of Reading will hold a public hearing.on Tuesday,. October 28,2008 at 7:45 p.m. 'in the Selectmen's Meeting Room, 16 Lowell St.reet;_ Readin j,~ Massachusetts on extending . the. lease between. the Town of. Reading and the Readih.g ice Arena Authority, inc. for. the . Burbank, Arena facility at 51 Symonds Way for an additional five year period. All. interested parties may appear in person, may submit their comments in writings or by email to townr-6anadd1r6ci.read;.' ina.ma.us. By order of Petert Hechenbl.eikner. Town: Manager. 10/22 i It I Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, October 21, 2008 2:38 PM To: 'WJJ' Cc: Schena, Paula Subject: RE: Burbank Ice Lease Bill - see the following from Town Counsel: Therefore, assuming that a public hearing on the extension was already held, the Selectmen will have to vote again. Assuming that the Selectmen find that the Lessee has complied with the lease, i.e., has the required insurance, etc., the form of the motion should parrot the lease language i.e., "I move have the Selectmen find that the Lessee has complied with the terms and conditions of the lease dated February 23, 1993; that the extension of the lease would be desirable to the public good; and that the term of the lease be extended for an additional (5) year period". I would suggest a public Hearing on October 28 - and then your counsel can prepare the lease extension. Pete From: WJJ [mailto:Mjpcm@comcast.net] Sent: Thursday, October 16, 2008 1:20 PM To: Hechenbleikner, Peter Subject: Re: Burbank Ice Lease Peter As you are aware we have begun construction on the locker room expansion and the authority looks forward to its completion and use by the girls teams and the ability to provide facilities for female teams. The board was concerned with the inabilility to expeditiously enter a ten year extension to the current lease due to the constraints you have mentioned. At this time we we request that the board of selectmen provide a five year extension which we believe would fit into the current lease terms. As you know one of the reasons to have the lease extension was to amortize the expansion. Although the ten year extension would have worked well the five year term extension may allow us some flexibility, Please let me know if the selectmen will do this and if town counsel agrees that it can be done under the existing lease. Bill Original Message From: Hechenbleikner. Peter To: WJJ Sent: Wednesday, August 13, 2008 12:04 PM Subject: RE: Burbank Ice Lease Bill It's really an issue of what Town Counsel determines. I agree that an RFP process will be time consuming. The Board of Selectmen clearly wants to do what it can to assist, but we obviously need to respect the legalities. L ~2 10/21/2008 Page 2 of 2 Pete From: WJJ [mailto:Ajpcm@comcast.net] Sent: Wednesday, August 13, 2008 11:31 AM To: Hechenbleikner, Peter Subject: Re: Burbank Ice Lease Peter We are anxious to have the locker rooms available to the girls for this year, hopefully there is a way of overcoming this with options. An RFP, I suspect, would be problematic for timing. Please let me know if there is anything the authority can do to assist. Bill Original Message From: Hechenbleikner. Peter To: WJJ Cc: Ellen Doucette Sent: Wednesday, August 13, 2008 9:03 AM Subject: RE: Burbank Ice Lease Bill - we have run into some complexity and Town Counsel is trying to work out some options. The problem is that the existing lease only allows for 2 5 year extensions - the last one beginning this year. One option is to do a new RFP and authorize a new lease period, but Town Counsel is looking into what other options there might be. Pete From: WJJ [mailto:gjpcm@comcast.net] Sent: Wednesday, August 13, 2008 8:42 AM To: Hechenbleikner, Peter Subject: Burbank Ice Lease Peter We meet with Conn Comm this evening and if the site visit and draft order of conditions are an indication I'm optimistic it will be approved this evening. The missing piece is the lease extension please let me know when it will be available as the Authority is interested in starting as soon a possible. Thanks Bill Jennings LA 63 10/21/2008 Town of Reading 16 Lowell Street 639.N~oRe°4Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@readingma.gov Website: www.readingma.gov June 25, 2008 Carol Kowalski Town Planner 16 Lowell Street Reading, MA 01867 . Dear Carol: _-J-- C-'Z e i k- TOWN MANAGER (781) 942-9043 The Board of Selectmen at their meeting on June 3, 2008 approved the following motion: "A motion by Tafoya seconded by Goldy that the Board of Selectmen authorize Town Counsel to draft a new .10 year extension of the lease between. the Town of Reading and the Reading Ice Arena Authority for the Burbank Arena facility at 51 Symonds Way and that the Board of Selectmen approves the proposed locker room expansion at the Burbank Arena subject. to the approval of the CPDC, Conservation Commission and any other agency with jurisdiction over approval of the expansion p 'ect, was approved by a vote of 4-0-0." Since -eb" Pee I. Hechenbieikner. Town Manager D'-) - ,6L' Town of Reading 16 Lowell Street Reading, MA 01867-21685 FAX: (781) 942-9070 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 November 27, 2002 Dana Hennigar, President Reading Ice Arena Authority 51 Symonds Way Reading, MA 01867 Dear Mr. Hemligar: At the Selectmen's meeting on November 26, 2002, the Board voted unanimously as follows: The Board of Selectmen: e Finds that the Reading Ice Arena Authority has not been in default of the lease of property for the construction and operation of an Ice Arena during the tenn of the existing lease; and e That the Board of Selectmen has received a timely notice of the intent to renew the lease for an additional five years expiring on March 4,'2009 in accordance with existing lease and the vote under Article 5 of the April 27, 1992 Special Town Meeting; and ♦ The Board of Selectmen hereby accepts the extension of the lease with the Reading Ice Arena Authority, Inc. until March 4, 2009 under the same terns and conditions of the previous lease. On behalf of the community and Board, congratulations on the success of the Reading Ice Arena Authority. We look forward to a continued long relationship with the Authority relative to this property. Ncere i, jj---~ Peter I. Hechenbleikner Town Manager PIH/ps qk< LEGAL NOTICE TOWN OF READING To. the Inhabitants of the Town of Reading: You are hereby notified that.;l an application fora transfer. of a liquor license has been made'`. by -Jatinav.i: Riya 'Wine Shop., Inc. d/b/a- The Wine Shop of Reading. The application is: for. the premises at 676 Main Street, Reading,, Massachusetts. Under. the provisions of,. Chapter 138, Secti.on,15 of tiie', Massachusetts General Laws,• a public hearing will be held. concerning such application by..'. the Board of Selectmen on " Tuesday, October 2.8, 2008 at. 8:00 p.m. in the Selectmen's. Meeting Room, 16 Lowell ` Street., Rea-ding,..:., Massachusetts- A] I interesfed parties are invited to.. attend, or submit their cam,ments in writing, or by email.. to Town Managei. of townmanaaer@ ci.readilha.. ma.us: By order of Peter).' Hechenbleikner' Town Manager 10/7 L4 GI DEMAKIS LAW OFFICES, P. C. GREGORY C. DEMAKIS THOMAS C. DEMAKIS 20 SEP 29 AN 9., 27 SANDOR RABKIN JOSEPH H. DEVLIN* *Also Admitted in N.H. September 26, 2008 Attn: Liquor License Administrator Selectmen's Office Town of Reading Reading Town Hall Reading, MA 01867 56 CENTRAL AVENUE LYNN, MASSACHUSETTS 01901 TEL. (781) 595-3311 FAX (781) 592-4990 RE: Transfer of an annual All Alcoholic Beverages Retail Package Store License to Jahnavi Riya Wine Shop, Inc. d/b/a The Wine Shop of Reading, 676 Main Street, Reading, MA Dear Sir or Madam: Enclosed please find the following documents with regard to the above-referenced application for transfer .of an Annual Alcoholic Beverages Package Store Liquor License: r,, 8 cxs 1) Attorney's check payable to the ABCC in the amount of $200.00. 2) ABCC Application Forms, including: %0 a. Form 43,. b. Form 983. E5 c. Form 997. ° d. All Alcoholic Beverages Package Store License Application. e. Form A. 3) Municipal Forms, if any. 4) Corporate Resolution naming Bharatiben A. Patel manager and authorizing the President, Bharatiben A. Patel, to apply for the transfer of the above-referenced liquor license. 5) Corporate Documents - copy of Articles of Organization and Amendment. 6) Sales Agreements - Copy of Asset Purchase and Sale Agreement. 7) Proof of Citizenship for the director and manager. 8) Flow Chart for financing. 9) Source of Funds - Sovereign Bank HELOC. 10) Affidavit of all persons with direct or indirect interest in the license. 11) Lease Documentation - Current Lease and Draft Assignment of Lease, to be signed at closing. Please Note: to help expedite the licensing process with the Department of Revenue, the ABCC has requested that the EIN of the current license holder (seller) be included in the "remarks" section of the Form 43. Joe/open/lic'g/patel,Bharati wine shop liquor docs _b C-Z_, Thank you very much for your time and cooperation. If you have any questions or need additional information, please feel free to call me at extension 105. VttomeyJp ' your ; . Devlin Enclosure at law Joe/open/lic' g/patel, Bharati wine shop liquor docs THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 101600019 License Number Reading • City/Town Tvne of Transaction (Please check all relevant transactions) ( ) New License New Officer/Director Transfer of License Change of Location ( ) Change of Manager ( ) Alter Premises ( ) Transfer of Stock 9/261/1,08 Date ( ) Pledge of License ( ) Pledge of Stock ( ) Other Jahnavi Riya Wine Shop, Inc. Name of licensee FID of Licensee The Wine Shop of Readug Bharatiben A. Patel D/B/A Manager 01867 676 -nin Str-ppt Mad Address: Number Vreet Zip Code Annual All Alcohol package storms Annual or Seasonal Category: All Alcohol, Wine & .Malt Type: Restaurant, Club, Package Store, Inn, General on Premise, Etc. Description of Licensed Premises: Aniaroximately 2900 sa- ft Application was filed: Advertised: 10/07108. - Chronicle Date & time Date & Publication Abutters Notified Yes v' No Person to contact regarding this transaction: Name: Joseph H. Devlin, Esq. Address: c/o Demaki_..--- - _ s Law Offices, P.C., 56 Central Avenue, Lynn, MA 01901 Phone 781-595-3311 Remarks: EIN -of Seller: - _.._-..._ The Local Licensing Authorities By: Alcoholic Beverages Control Commission E,qcutive )Director Remarks: Lf G~ TOWN OF Reading 9/26/08 r TO THE LICENSING BOARD ' .Ramos, Inc. The undersigned licensee . respectfully petitions for the transfer of the alco..holic beverages license now exercised by the said licensee at the following address: bZ.6..I n_Strsetv...Beading..MA..Ay86.7 (If present licensee is a corporation, fill In the following paragraph) The said licensee is a ;corporation duly organized under the laws of the Commonwealth of Massachusetts, and its officers, directors and stockholders, their residences, and shares owned by each are as follows: FROM: (PLACE AN • BEFORE THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) *Dioni.si.o Viera 14 Fairmount Ave,... Wakefield MA 01880 100 President .......vlf1~/lG Treasurer Saul!* Clerk (If present licensee Is an individual or a partnership, fill In the following) FROM: (NAME) (ADDRESS) (if proposed transferee Is a corporation, fill In the following paragraph) The proposed transferee is a corporation duly organized under the laws of said Commonwealth, and Its officers, directors and stockholders, their residences, and shares owned by each are as follows: TO: (PLACE AN' 13EFORE THE NAME, OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) *Bharatiben A. Patel 134R Highland Ave., Malden MA 02148 1002 lAft9ent Treasurer .........samp. Clark (If the proposed transferee is an Individual or partnership, fill in the following paragraph) TO: (NAME) (ADDRESS) The above named proposed transferee hereby joins In this petition for transfer of said license, and respectfully petitions the Board to grant such transfer. SIGNATURE OF LICENSEE............ :...............................................~~~Q7Rx.Sa t)..Viexa, .Xresl[1ent... (If a corporation, b}' its authorized representative. If a partnership, all partners must sign) Bharatiben A. Patel SIGNATURE OF PROPOSED TRANSFEREE... ,[..:......,..r., t (If a corporation, by Its authorized representative. If a partnership, all partners must sign) President FORM 983 /11 Lj C .J M City/Town: Reading The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 Application for Alcoholic Beverage License for Retail Sale ( ) New License ( ) New Officer/Director Transfer of License ( ) Other ( ) Transfer of Stock (specify) Section 1 Jahnavi Riya Wine Shop, Inc. Name to appear on the license: Business Name (d/b/a, if different): The Wine Shop of Reading Manager of Record: Bharatiben A. Patel FID of Licensee: Address of Premises: 676 Main St.. Reading MA Zip code- 01867 Phone number of premises: 781 944 4521 Section 2 Type of license: (check one only) ( ) Club Package Store ( ) Veterans Club* ( ) General oA Premise ( ) Restaurant ( ) Other ( ) Innholder ( ) Tavern Section-3 License Category ( x) ' All Alcoholic ( ) Wine and Malt ' ( ) Malt Only Wine Only ( ) Wine and Malt with Cordials Permit Section 4 License Class (g) . Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Joseph H. Devlin, Esq. Address: c/o Demakis Law Offices, P.C., 56 Central Avenue, Lynn, MA 01901 Phone Number: 781-595-3311 (Phone) 781-592-4990 (Fax) LI C6 Section 6 Give a frill description of the premises to be licensed, including location of all entrances and exits: Approximately. 2900 sq. ft. 6a. Seating Capacity: nUla Occupancy Number: Section 7 Applicant is an: ( ) Association ( X) Corporation ( ) Individual ( ) Partnership ( ) Non-profit corporation ( ) LLC Section 8 If applicant is an individual or partnership - List for individual or each partner: Full Name Home Address DOB. SSN 8a. Is individual or all partners United States citizens? ( ) Yes ( ) No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old?( ) Yes ( } No Section. 9' If the applicant is a corporation, complete the following: State of Incorporation: MA Date of Incorporation: May 16, 2008 Date qualified to do business in MA: same 9a. How many shares of stock are authorized: 275,000 How many shares are issued: ppp Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. q c 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? (g) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? (g) Yes ( ) No' 3. Is the manager or principal representative a U.S. citizen? (g) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members.. Title I Full Name I Home Address DOB I SSN . I Phone Number I I Ob. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? ( ) Yes No (If yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: b. What are the estimated costs: c. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes ) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of Realty Trust Name of Corporation ( ) Other (If you do t own the premises to be licensed, provide the following information about the owner.) isoseph L. Hozoid, Trustee Name: Joseph L. Hozoid Trust Phone Number: Address: 22 Elmview Terrace, Brockton MA 02301 L4 12a. If a lease or rental, provide the following information: $ 4455 per month (month, year, etc.) Beginning date of lease 121/~I./08 Ending Date of lease 11/301 1 013 (plus two (2) (provide copy of the lease) (approx.) five year tenant options) FINANCIAL Section 13 What assets were purchased and cost? to be allocated prior to same same Equipment: $ r.1 ngig Furniture: $ Goodwill: $ to be determined at to be allocated at Inventory: $Josing_ License: $ 'closing Premise: $ n/a 13a. Total Purchase Price: $ 260.000.00 13b. Identify below all sources of financing: Mortgage: $ Seller: $ Cash: $ 260,000.00 Other (specify): $ Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. All other terms and conditions: see asset purchase agreement (provide purchase and sale documents) 13d. Are you seeking approval for license to be pledged: ( ) Yes (x) No If yes, to whom: 13e.. Will the inventory be pledged: ( ) Yes (x) No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) . Yes (x) No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person. or entity { Beneficial or financial interest Bharatiben 1001 stock ownership of applicant corp. A Pai-41 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? (x ) Yes ( ) No' Name ( Type of license { License Name and Address { Description of Interest Bharatiben wine & malt dba Joe's Market Place, manager - salary, no' A. Patel 260 CenrPr St ; (),linhw~, tvta Cher interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which is not presently held? ( ) Yes (2 ) No (If yes, provide the following for each person or entity.) { Name J Type of License { License Name and Address ( Date ownership surrendered 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non-renewal, surrender, etc.) Date { License { Reason why the license was terminated q CI O 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? . ( ) Yes ( x) No (If yes, provide the following information) Date License Reason why the license was suspended, revoked or cancelled j 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes ( ) No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body: All signers must have answered question 10. .e. . False information or failure to disclose are reasons to revoke a license or deny a license application. Signed and subscribed to under the penalty of perjury, this 26tkay of . Sept .20 08 Bv: Sienature of Full Name Title Bharatiben A. Patel, President q c't R: The Commonwealth of Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION x C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL OUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS* PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. Jahnavi Riya Wine Shop, Inc. 1. LICENSEE NAME (NAME AS IT WILL APPEAR ON THE LICENSE) 2. NAME OF (PROPOSED) MANAGER Bharatiben.A. Patel 8. SOCIAL SECURITY NUMBER 4. HOME (STREET) ADDRESS 134R Hiehland Avenue. Malden MA 02145 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). DAY TIME # HOME# 781-397-8885 6. PLACE OF BIRTH: 7. DATE OF BIRTH: 8. REGISTERED VOTER: x YES NO 8A. WHERE?: New Jersev 9. ARE YOU A U. S. CITIZEN: x YES NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE):. Newark, NJ 5/161/194 (Submit proof of citizenship and/or naturalization such as Voter=s Certificate, Birth Certificate or Naturalization Papers) t 11. FATHER'S NAME: Satishbhai C. Patel 12. MOTHER'S MAIDEN NAME: . Patel 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: YES a NO (MUST CHECK EITHER YES OR NO) IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) none 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: g YES NO IF YES, PLEASE DESCRIBE: Manager of Joe's Market Place, 260 Center Street, Quincy, MA; wine and malt; October 2007 to present 15. FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE,. PERMIT OR CERTIFICATE: x . YES NO IF YES, PLEASE DESCRIBE: 1002 stock ownership of applicant corporation ally1 manager of business in question #14. Receives only salary for Joe's Market Place and has no o=ner rinancza.l. interest In store. 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer,. Address and if known, Telephone Numbers): October 2007 to present - see quest. #14 above; August 2004 to present; ownership of Highland Smoke Shop, 132 Highland Ave., Malden, MA 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: 40 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: )3)1_ ar. y+1,- 0, Bharatiben A. Patel 9/26/08 PROPOSED MANAGER SIGNATURE DATE F:\FILES\MAUREEN.1\MAUREEN\FORMS\FORMA. W PO 9/99 L4 c l 3 2 CORPORATE RESOLUTION At a meeting of the Board of Directors of Jahnavi Riya Wine Shop, Inc., a majority of the Board of Directors being present and voting, held at 56 Central Avenue, Lynn, Massachusetts on September 2, 2008: On motion duly made and seconded, it was unanimously VOTED: To appoint Bharatiben A. Patel as its manager or principal representative, with as full authority and control of the premises described in the license of the corporation and of the conduct of the business therein relative to the sale of all alcoholic beverages as the licensee itself could in any way have exercised it as if it were a natural person, resident of the Commonwealth of Massachusetts, and that a copy of this vote duly certified by the clerk of the corporation and delivered to said manager or principal representative shall constitute the written authority required by Massachusetts General Laws Chapter 138. On motion duly made and seconded, it was unanimously VOTED: That the President, Bharatiben A. Patel, is authorized on behalf of the corporation to apply to the Licensing Board of the Town of Reading for an annual all alcoholic beverages package store license with regard to the premises at 676 Main Street, Reading, Massachusetts. A TRUE COPY ATTEST Bharatiben A. Patel, Clerk q c,K Joe/open/lic'g/patel,Bharati wine shop liquor dots ~ecr t~el ~o~un~fu~tea~ 6 William Francis Galvin Secretary of the Commonwealth August 29, 2008 TO WHOM IT MAY CONCERN: I hereby certify that according to the records of this office, JAHNAVI RIYA WINE SHOP, INC. is a domestic corporation organized on May 16, 2008, under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pending under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said corporation has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Processed By: njm Secretary of the Commonwealth MA SOC Filing Number: 200834169070 Date: 08/29/2008 1:37 PM The Commonwealth of Massachusetts Minimium Fee: $100.00 ' William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 Telephone: (617) 727-9640 1. Exact name of corporation: SHRIYA LIQUORS. INC. 2. Registered office address: 134R HIGHLAND AVENUE MALDEN, MA 02148 USA These Articles of Amendment affecting article(s): X Article 1 Article 2 - Article 3 - Article 4 _ Article 5 _ Article 6 (Specify the number(s) of articles being amended(I-IV)) 4. Date adopted: 8/29/2008 5. Approved by: X the incorporators. or the board of directors without shareholder approval and shareholder approval was not required. I or - the board of directors and the shareholders in the manner required by law and the articles of organization. 6. State article number and text of the amendment. i ARTICLE I The exact name of the corporation, as amended, is: (Do not state Article I if it has not been amended.) JAHNAVI RIYA WINE SHOP, INC. ARTICLE 11 The purpose of the corporation, as amended, is to engage in the following business activities: (Do not state Article II if it has not been amended.) ARTICLE III I Amendments to Article III cannot be filed on-line at this time ARTICLE-IV If more than one class of stock is authorized, state a distinguishing designation for each class, if amended. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of the preferences, voting'powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. (Do not state Article IV if it has not been amended.) ~l i Federal Employer Identification Number: (must be 9 digits) ARTICLE V As amended, the restrictions, if any, imposed by the articles of organization upon the transfer of shares of any class or I series of stock are i ARTICLE VI As amended, other lawful provisions for the conduct and regulation of the business and affairs of the business entity, for i its voluntary dissolution, or for limiting, defining, or regulating the powers of the business entity, or of its directors or stockholders, or of any class of stockholders: (Do not state Article Vl if it has not been amended.) - The amendment shall be effective at the time and on the date approved by the Division, unless, a later effective date not more than ninety days from the date and time of filing is specified: Later Effective Date: Time: Signed by BHARATIBEN PATEL, its PRESIDENT on this 29 Day of August, 2008 © 2001 - 2008 Commonwealth of Massachusetts All Rights Reserved t4- c i Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www.readingma.gov MEMORANDUM DATE: October 15, 2008 TO: Police Chief Jim Cornier Health Administrator Larry Ramdin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942-9043 RE: Application for Transfer of Liquor License for The Wine Shop of Reading Attached is an application for a Transfer of a Liquor License for Jahnavi Riya Wine Shop d/b/a The Wine Shop of Reading located at 676 Main Street. This application will be going before the Board of Selectmen at their meeting on October 28, 2008. Please review this material and get back to us with your comments. Thank you for your assistance. lm Attachment ear Az~ V110 AAA I'D ~ Gl~ Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 Website: www.readingma.gov MEMORANDUM DATE: October 23, 2008 TO: Board of Selectmen FROM: Lillian Marino RE: List of Liquor Licensees Restaurants Bertucci's Restaurant Caf6 Capri Chili's Grill & Bar 45 Walkers Brook Drive 355 Main Street 70 Walkers Brook Drive Colombo's Cafe Emperor's Choice Fuddruckers 2 Brande Court 530 Main Street 50 Walkers Brook Drive Longhorn Steak House Mandarin Reading Romano's Macaroni Grill 39 Walkers Brook Drive 296 Salem Street 48 Walkers Brook Drive Twin Seafood Venetian Moon 591 Main Street 680 Main Street Clubs Knights of Columbus Meadow Brook Golf Club Reading Overseas Vets 11 Sanborn Street 292 Grove Street 575 Main Street Reading Veterans 37 Ash Street Packaee Stores Atlantic Food Mart North Side Liquors Busa's Liquors 30 Haven Street 150 Main Street 345 Main Street Square Liquors The Wine Shop of Reading 11 High Street 676 Main Street I,d authorities to review the proposal and make recommendations to e Community Planning and Development Commission. The Community Plarip and Development PIrove with conditions or Commission shall have the power to approve, disapprove, suggest modifications or recommendations to the plan o any subsequent reviews to the plan. Any disapproval shall indicate what modi ' Lions to the plan would make it acceptable to the Community Planning and eI pment Commission. This power shall in no way eliminate, decrease or rogate the powers of any other board, committee, commission or other autho ' having legal jurisdiction. It shall be the duty and responsibility of the applicant t ecure any and all permits, licenses and approvals necessary to the project. Cop' of the detailed decision of the Community Planning and Development Commis 'on shall be transmitted to both the applicant and the Zoning Board of Appe within thirty days after said Commission closes the public hearing for Site Plan eview. 4.7.5.1. Upon s mission for site plan review, the Community Planning and Development Co ission shall hold a public hearing thereon, within thirty days after the date submission, advertised in the same manner as public hearings for Special Permits. 4.8. AQUIFER PROTECTION DISTRICT 4.8.1. Purpose of District: The purpose of this Aquifer Protection District is to: 4.8.1.1. promote the health, safety, and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Reading; 4.8.1.2. preserve and protect existing and potential sources of drinking water supplies; 4.8.1.3. conserve the natural resources of the Town of Reading; and 4.8.1.4. prevent temporary and permanent contamination of the environment. 4.82.' Scope of Authoritv: The Aquifer Protection District is an overlay district superimposed on the underlying zoning districts which shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses which fall, wholly or partially, within such Aquifer Protection District. Uses prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District. 4.8.3. Definitions: For the purposes of this section, the following terms are defined below: Aauifer: Geologic formation composed of rook, sand or gravel that contains significant amounts of potentially recoverable water. Aquifer Protection District: The zoning district defined to overlay other zoning districts in the Town of Reading. The aquifer protection district may include specifically designated recharge areas. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. Impervious Reading Zoning By-Laws 40 Revised as of April, 2008 L e surfaces shall include all roofs, driveways, parking areas, roadways and walkways, regardless of the proposed surface material. Minina_ The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. Potential Drinkina Water Sources 2: Areas which could provide significant potable water in the future. Recharae Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone II and Zone III. Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water in the.Town of Reading. Toxic or hazardous materials include, without limitation; synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.) Chapter (c.) 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use. 4.8.4. Establishment and Delineation of Aquifer Protection District: The Aquifer Protection District is delineated and established on a map entitled "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre Wellfield Zone II Study dated July 1996 which shows certain aquifer protection areas consisting of aquifers or recharge areas. Such map is hereby made a part of the Town of Reading Zoning By-Law and is on file in the office of the Town Clerk and the Building Inspector's Office. 4.8.5. Boundarv Disputes: If the location of the District boundary in relation to a particular parcel is disputed, resolution shall be accomplished by the owner(s) filing a Special Permit application with the Special Permit Granting Authority (SPGA), the Reading Zoning Board of Appeals. Any application for a special permit for this purpose shall be accompanied by adequate documentation. The burden of proof shall be upon the owner(s) of the land to show where the boundaries should be located. At the request of the owner(s), the Town may engage a professional' engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the districts with respect to individual parcels of land and review the documentation presented by the owner(s). The SPGA may charge the owner(s) for the cost of such investigation. 4.8.6. Use Reaulations: In the Aquifer Protection District, the following regulations shall apply: 4.8.6.1. Permitted Uses: The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, State or Federal laws are also obtained: 4.8.6.1.1. conservation of soil, water, plants and wildlife; L e7z' Reading Zoning By-Laws 41 Revised as of April, 2008 4.8.6.1.2. outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; 4.8.6.1.3. foot, bicycle and/or horse paths and bridges; 4.8.6.1.4. normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; 4.8.6.1.5. maintenance, repair, and enlargement of any existing structure, subject to Section 4.8.6.2.; 4.8.6.1.6. residential development, subject to Section 4.8.6.2.; 4.8.6.1.7. farming, gardening, nursery, conservation, forestry, harvesting and grazing, subject to Section 4.8.6.2.; 4.8.6.1.8. construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts and tunnels; 4.8.6.1.9. impervious cover on property up to 15%; 4.8.6.1.10. impervious cover up to 20% if a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality. Recharge plans shall comply with the DEP Stormwater Guidelines and shall be submitted to the Town Engineer or the applicable Board, Committee or Commission for review and approval. 4.8.6.2. Prohibited Uses: The following uses are prohibited: 4.8.6.2.1. landfills and open dumps as defined in 310 CMR 19.006; 4.8.6.2.2. automobile graveyards and junkyards, as defined in M.G.L. c. 140B, §1; 4.8.6.2.3. landfills receiving only wastewater and/or septage residuals including those approved by the Department of Environmental Protection pursuant to M.G.L. c. 21, §26 through 53; M.G.L. c. 111, §17; M.G.L c. 83, §6 and 7, and regulations promulgated thereunder; 4.8.6.2.4. facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L. c. 21C and 310 CMR 30.00, except for the following: 4.8.6.2.4.1. very small quantity generators as defined under 310 CMR 30.000; 4.8.6.2.4.2. household hazardous waste centers and events under 310 CMR 30.390; 4.8.6.2.4.3. waste oil retention facilities required by M.G.L. c. 21, §52A; 4.8.6.2.4.4. water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters; Reading Zoning By-Laws 42 Revised as of April, 2008 L. 4?13 4.8.6.2.4.5. petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983; 4.8.6.2.4.6. storage of liquid hazardous materials, as defined in M.G.L. c. 21 E, and . liquid petroleum products, unless such storage is (a) above ground level; and (b) on an impervious surface; and . (c) either (i) in container(s) or above ground container(s) within a building; or; (ii) outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed to. hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; 4.8.6.2.4.7. storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; 4.8.6.2.44.8. storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; 4.8.6.2.4.9. storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resource Conservation Service; 4.8.6.2.4.10. earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works; 4.8.6.2.4.11. discharge to the ground of non-sanitary waste water including industrial and commercial process waste water, except: (a) the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works; (b) treatment works approved Protection designed for the surface water and operating 5.05(13); by the Department of Environmental treatment of contaminated ground or n compliance with 314 CMR 5.05(3) or (c) publicly owned treatment works. 4.8.6.2.4.12. stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district; 4.8.6.2.4.13. storage of commercial fertilizers, as defined in MGL Chapter 128,§64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate; 4.8.6.2.4.14. underground storage tanks related to the activities in Section 4.8.6.1. Reading Zoning By-Laws 43 Revised as of April, 2008 4N t 4.8.7. Violation Notice: Written notice of any violations of this Section shall be given by the Building Inspector to the property owner as soon as possible after detection of a violation or a continuing violation. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventative measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, Town Engineer/Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner of the premises. 4.9. `PLANNED UNIT DEVELOPMENT 4.9.1. Statement of Purpose and Authority: The urpose of this Section is to encourage the construction of Planned Unit Develo ents (PUDs) in designated Districts within the Town. Planned Unit Develop nts shall: a. Permit a mix Aand uses, densities and building types in one development. b. Facilitate high quali , integrated planning of large-scale developments beneficial to the Town and constructe in a manner which is highly responsive to specific sites and their surroundings. c. Require more rigorous de lopment standards than those found in other zoning districts. 4.9.2. Overlav Districts: Planned Unit Development Districts sha take the fiorm of overlay districts covering all or part of Industrial Districts, the Busin s A District and designated portions of Residential Districts on the Reading Zoning nap. For any land within a PUD District, a Developer may choose to conform either to zoning regulations which govern the underlying district or to the PUD overlay regulate sand procedures set forth by this Section, whose specific provisions shall supersede II other provisions in the Zoning By-Laws with respect to the underlying district in ading,. without limitation, use, intensity, dimensions, parking and site plan review; h ever, the provisions of any other overlay district shall continue to apply. Planned Unit Development Districts are overlaid on three zon" g districts: Industrial, Business A and Residential Zones. Section 4.9 controls develo ent in this overlay utilizing the following terms: PUD-I for Planned Unit Development istrict -Industrial for PUD's overlaid in the industrial zone, PUD-B for Planned Unit Dev lopment District - Business for PUD's overlaid in the business zone and designated porti s of adjacent residentially-zoned land; and PUD-R for Planned Unit Development Distric Residential overlaid in the residential zone. Any reference noted herein to "PUD" genera denotes the requirements and controls are for developments for PUD's in Business, R sidential and Industrial zones. Planned Unit Development-Business District as an Overlav District: A PUD-B District shall take the form of an overlay district covering an underlying Business A District and may include land situated within the 3-15 District that was a part of a lot existing on January 1, 2003, a portion of which lot was also in the Business Reading Zoning By-Laws 44 Revised as of April, 2008 Y ,e Board of Selectmen Meeting October 7, 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 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 Connier, DPW Director Ted McIntire, Town Engineer George Zambouras, Library Director Ruth Urell, Office Manager Paula Schena and the following list of interested parties: Officers Ryan Porter, Michael Bouvier, Christopher Jones, Lt. Detective Richard Robbins, Sgt. Marl', Segalla, Margaret Caouette, Kurt Habel, Consultant Rachel Brown, Dionne Vierra, Rosemary Lewis, Stephen Crook. A motion by Schubert seconded by Anthonv to 20 into Executive Session for the purpose of strateev with retards to Labor Negotiations and strateLyv with respect to litigation, to come back into Open Session at anvroximately 7:30 p.m. was approved on a roll call vote with all four members voting in the affirmative. The Board reconvened in Open Session at 7:30 p.m. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Richard Schubert noted that he attended the School Committee Meeting. He also encouraged voters to. take a good look at Question #1 on the ballot. Selectman Camille Anthony noted that she attended the RMLD Audit Report Meeting and the audit went well. She also attended the Economic Development Committee Meeting, attended the groundbreaking for the alleyway, and walked the Downtown area with the Town Manager looking at tree wells. Selectman James Bonazoli commended the Economic Development Committee for moving forward with the alleyway project. He noted that they are looking for funds for the project. He also noted that the resident from 29 Colburn Road came in at the last Selectmen's meeting and had an issue with flooding in front of her house, and there needs to be follow up. He noted that crosswalk signs are needed along the top of Forest Street onto Colbum Road. Vice Chainnan Ben Tafoya noted that he had Office Hours tonight. He also noted that people are using Forest Street as a cut through, and the residents are requesting a flashing light on Forest Street. sue,( Board of Selectmen Meetina - October 7. 2008 - Pace 2 Town Manager's Report The Town Manager gave the following report: • Election - November 4th - 7:00 a.m. to 8:00 p.m. Fall YCC is available on the Town web site www.readincMA.cov and you can subscribe - mknichtna.ci.readinc.ma.us. • Reading's Finances • Potential 9c cuts from the State in FY 2009 Town Meeting coming up - small financial changes in budget - capital issues Free Cash is just over $5 Million - Cash reserves just over $6 million Received State FF Safety Grant - $7700 • Received Tobacco Prevention Grant - $10,000 • Filed a grant for completing the trail from Haverhill Street to Mattera Conservation • Reading has been selected as one of 86 communities in the State to participate in the MMA 6"' Grade Essay contest. The essay will complete the statement: "If I were elected leader of my community, I would make a difference by:" • Alleyway ground breaking • ICMA Annual Conference • Tennis Courts • Downtown Parking Study kick-off meeting • Curbside leaf collection this Fall and next Spring. • Weeks of November 3rd, November 17th, Schedule: December 1st, week in Spring. Normal collection day • The ABCC upheld the Selectmen's decision on the suspension of Busa's liquor license. Now the Board needs to snake a motion for the dates of the suspension. A motion by Bonazoli seconded by Anthonv that the two day suspension for Busa's ReadinL- Liquors, Inc. d/b/a Busa's ReadinL, Liquors take place on October 20 and 21, 2008 and that a placard be placed on the premises durinc the period of suspension indicating the business is "closed due to a suspension of the liquor license for sale of liquor to an underaee person" was approved by a vote of 4-0-0. • RCASA Annual Meeting - Election of Officers • Chairman Steve Goldy met with Selectmen of six other communities last Wednesday, and will be meeting weekly for a month or two, prior to meeting with Secretary of Administration and Finance Leslie Kerwin. • Parker MS - Fields grading ongoing. Project completion estimated mid-October. • Birch Meadow Tennis Courts • Gould Street - Monday 10-6-08 the contractor is lowering structures, and the reclamation and binder course has been done - Base course of pavement on Wednesday or Thursday, and the curbing and sidewalk contractor will be in next week to start their work. • High Street • Franklin Street sa z Board of Selectmen Meeting - October 7. 2008 - Page 3 • Flu Clinic - PUBLIC FLU CLINIC FOR READING RESIDENTS - The first annual Emergency Dispensing Site Drill / Flu Clinic - Saturday, November 15 - RMHS Field House -11:00 a.m. - 3:00 p.m. Owen to all Reading residents - ages 9 and uu Flu vaccine $10.00 fee Pneumonia $ 10.00 fee Tetanus $ 5.00 fee Residents 65 or older, Free - Bring your Medicare Card Proclamations/Certificates of Appreciation Proclamation - Reading Women's Club 115th Anniversarv - A motion by Schubert seconded by Anthonv to approve the Proclamation for the Reading Women's Club 115th Anniversarv was approved by a vote of 4-0-0. Personnel and Appointments Badge Pinning - Police Officers - Police Chief Jim Cormier presented Police Officers Ryan Porter, Michael Bouvier and Christopher Jones to the Board. Each Officer had his badge pinned on by a family member. Cultural Council - The Board interviewed Margaret Caouette for one position on the Cultural Council. Bonazoli moved and Anthonv seconded to place the following name into nomination for one position on the Cultural Council with a term expiring June 30. 2011: Margaret Caouette. Ms. Caouette received four votes and was appointed. Discussion/Action Items Close Warrant for November Election - A motion by Anthonv seconded by Schubert to close the Warrant for the November Election to take place on November 4. 2008 at the Reading Memorial High School, Hawkes Field House, was approved by a vote of 4-0-0. Highlights - Celebrations Trust - Kurt Habel was present from the Celebrations Trust Committee. He noted that there are two trusts - one for Town celebrations and one for historic preservation. He also noted that they gave money for the historic pavers that are going in Downtown, and they funded the lighting festival. He indicated a need to advertise the trust funds. The Town Manager asked about the schedule for the application period and suggested that the Committee take applications year round. Review Status of Pav and Classification Program - Consultant Rachel Brown reviewed the objectives of the Pay and Classification Study. She noted that the job descriptions were reviewed and updated with no major changes. She also noted that the objective is to make sure employees are paid fairly and competitively. Ms. Brown noted that a focus group was established, and the overall consensus was that Reading is a good place to work. The employees value their benefits but there are limited earnings opportunities when the top step is achieved. She also noted that the employees indicated that the work environment is a challenge regarding building maintenance, congestion and privacy. 5`a.3 Board of Selectmen Meetiniz - October 7, 2008 - Paize 4 She noted that the classification process uses a point factor. The hierarchy of positions is sound but there are some positions that need to be reclassified. The Town Manager noted that he will be meeting with Department Heads regarding the issue of the top end of the scale, and will come back to the Board on how to address this situation. Review DPW Garage Issues Including ScreeninLy - The Town Manager noted that the buildings are locked but the area is not fenced. The roof repair and heater are in the capital plan this Fall. DPW Director Ted McIntire noted that a DPW Study on equipment will be done in 2010. He also noted that the facility should have an entrance gate with a card system. Selectman Camille Anthony asked if we should look at regionalization, and the Town Manager noted that staff is looking at the results of the study that was done, and will be coming back to the Board with an action plan. Review Updates - Pavement Manavement Plan - Town Engineer George Zambouras noted that the previous proposal of $850,000 used the unit prices from three years ago. The current plan is based on our bids this year. He also noted that the PCI Index starts at 74.50 in 2007 and then drops to 65 in 2013. A $2 million bond is a little better but not much. The $1 million plan with a ramp up to $1.2 million in four years starts with a PCI Index at 74.50 in 2007 and then ends up at 72.25 in 2013. The Town Manager indicated that the Town Engineer will give this report at Town Meeting. Liquor License Infraction - The Wine Shop - The Secretary read the hearing notice. Police Chief James Cormier, Lt. Detective Richard Robbins and Sgt. Mark Segalla were present. Chief Cormier noted that this was a sting operation throughout the area. Lt. Detective Robbins noted that on September 19, 2008, the Detective Division conducted a sting in all 20 liquor establishments. They used two 20 year old operatives, did one hour of training, took their photo and gave each a portable breath test and did background checks. The Wine Shop sold a 12 pack of Budweiser beer without asking for an ID. The Town Manager asked if notice was given to the community regarding the sting operation,, and it was noted that it was in the newspaper. Sgt. Mark Segalla noted that at 5:10 p.m., he and Officer Richard Abate gave the operative a $100 bill and she came out with a 12 pack of Budweiser and change. Sgt. Segalla went back at 6:40 p.m. and spoke with the clerk. Selectman Richard Schubert asked if the officers took steps to see the operative go into The Wine Shop, and Sgt. Segalla noted that they had direct sight of the operative into and out of the store. Board of Selectmen Meeting - October 7. 2008 - Page 5 Dionne Vierra, owner of The Wine Shop, noted that he has been in Reading for seven years without an incident. He sends employees to training and is aware of the consequences. This was a huge error in judgment. Rosemary Lewis noted that she was the clerk who sold the beer to the minor, and she accepts responsibility for her actions. She apologized for her actions and noted that the staff policy is to ask for ID from anyone who looks under 30 years of age. A motion by Anthonv seconded by Schubert to close the hearing on the possible modification, suspension or revocation of the All Alcoholic Off-Premises License for Ramos. Inc. d/b/a The Wine Shop of Reading for violating GL Chapter 138, Section 34 for the sale or deliverv of alcoholic beverages to a person under 21 vears of age was approved by a vote of 4-0-0. A motion by Anthonv seconded by Schubert that the Board of Selectmen find Ramos. Inc. d/b/a The Wine Shop of Reading in violation of MGL Chapter 138. Section 34 for the sale or deliverv of alcoholic beverages to a person under 21 vears of age on September 19, 2008 was approved by a vote of 4-0-0. A motion by Bonazoli seconded by Anthonv that Ramos. Inc. d/b/a The Wine Shop of Reading be penalized with a two day suspension for violation of MGL Chapter 138. Section 34 for the sale or deliverv of alcoholic beverages to a person under 21 vears of age on September 19, 2008 was approved by a vote of 4-0-0. A motion by Anthonv seconded by Bonazoli that the two day suspension for Ramos, Inc. d/b/a The Wine Shop of Reading take place on October 20 and 21. 2008 and that a placard be placed on the premises during the period of suspension indicating the business is "closed due to a suspension of the liquor license for sale of liquor to an underage person" was approved by a vote of 4-0-0. Review Capital Improvements Plan - The Assistant Town Manager reviewed the Capital Improvements Plan. Selectman Camille Anthony noted that the plan does not show the priorities, and that is where a Municipal Building Committee comes in. She . suggested taking the idea of the Municipal Building Committee to the Finance Committee. The Assistant Town Manager noted that all of the items in the Capital Plan are a high priority, otherwise they would not be on the plan. Selectman Richard Schubert noted that the Capital Plan is a tool, and the priorities can change from year to year. Approval of Minutes A motion by Anthonv seconded by Schubert to approve the Minutes of September 9. 2008 was approved by a vote of 3-0-1, with Bonazoli abstaining. ss Board of Selectmen Meeting - October 7. 2008 - Page 6 A motion by Schubert seconded by Bonazoli to approve the Minutes of September 23. 2008 was approved by a vote of 4-0-0. A motion by Schubert seconded by Anthonv to adiourn the meeting of October 7. 2008 at 11:00 p.m. was approved by a vote of 4-0-0., Respectfully submitted, Secretary say L/ C 6 oS Schena, Paula From: Sent: To: Cc: Subject: Attachments: Warren Ave Sept 29 to Oct 7.pd... Derek Hechenbleikner, Peter Friday, October 17, 2008 3:13 PM 'deekster@comcast. net' Reading - Selectmen; Schena, Paula; Jim Cormier; Lee, Michael; Mike Cloonan; Peter Hechenbleikner; Ted McIntire; Zambouras, George FW: speeding cars on Warren Avenue Warren Ave Sept 29 to Oct 7.pdf I am writing to follow up on your letter to the Board of Selectmen. I agree that Warren Avenue is a wonderful neighborhood. I know and have known a number of people who live on the street. We have tried to be responsive to neighborhood issues and will continue to do so. We were petitioned to repave the street, and we were able to do a skim coating to improve the wear ability of it. We are doing a master plan for Washington Park, and plan on investing money to build a new playground next year. We want to do what we can to keep it a great neighborhood. We have done some investigation including traffic and speed counts on Warren Avenue. We are prepared to do additional enforcement next spring based on the baseball schedule at Washington Park. Attached is a copy of the traffic count and speed study done recently, and as you can see there were very few vehicles doing 30 mph, let alone 40 to 50. These charts are a little hard to read but the 95th percentile of vehicles was traveling at 25 mph. That said, this was not at a peak time of use of the baseball field, and even 25 mph "feels" fast if you are standing close by. We plan on doing extensive enforcement next spring, and that may include the temporary speed board placement - we may take you up on the offer to allow us to plug it in to your house or another on the street. The installation of the permanent speed zone signs like on Franklin Street is excessively expensive - over $20,000 last time we checked. We reserve those for school zones. Placement of speed bumps on the street is not an option - by the Town or by the neighbors. It creates liability and is illegal. In addition, the Town as a matter of policy does not place "slow children" signs in Reading, and we do not replace them. They are ineffective and give a false sense of security. We will continue to work with our neighborhoods to make them as good as we can, and rely on our residents to work with us on this. Sincerely Peter I. Hechenbleikner Town Manager 1/c Board of Selectmen -----Original Message----- From: Schena, Paula Sent: Friday, October 17, 2008 8:52 AM To: Hechenbleikner, Peter 1 gam. i Subject: FW: speeding cars on Warren Avenue Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 -----Original Message----- From: Reading - Selectmen Sent: Friday, September 26, 2008 11:33 AM To: 'Derek Cunningham'; Reading - Selectmen Cc: Schena, Paula; Jim Cormier; Lee, Michael; Mike Cloonan; Peter Hechenbleikner; Ted McIntire; Zambouras, George Subject: RE: speeding cars on Warren Avenue Dear Derek: Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. The next session is on October 7 and Selectman Tafoya will be available at that time. The Town Manager is sending your email to Town staff who address such issues. Thank you again for contacting the Board of Selectmen. James Bonazoli Secretary Reading Board of Selectmen 1/c Board of Selectmen -----Original Message----- From: Derek Cunningham [mailto:deekster@comcast.net] Sent: Sunday, September 21, 2008 4:15 PM To: Reading - Selectmen Subject: speeding cars on Warren Avenue Hello Selectmen, My name is Derek Cunningham, I live at 32 Warren Avenue. I'd like to get the town to do something about speeding cars on Warren Avenue. It happens on Saturdays, Sundays and weeknight evenings when parents (usually parents) are dropping their kids off for baseball practice or games at Washington Park. I am a car fanatic, and go to races (sometimes participating) regularly. I know the difference between a car traveling at 15-20 mph and one traveling at 40-50 mph on our little street. The sad reality is that these cars are more often than not exceeding 40 mph. I can't prove it as I don't have a radar gun set up on my driveway, but I can tell. I have spoken with drivers, yelled at drivers, called the police (not yet this year). The police will come, but as they didn't see the cars speeding, there is not much they can do, so I haven't bothered to call them anymore. The police are busy and have better things to do. 2 \a--~`,. Please see for yourselves. Find out the baseball schedule at Washington Park, and sit in a nondescript car at the end of Warren Ave in the cul-del-sac, about 15 minutes before an event starts, and observe how fast these people are driving. Warren Ave is part of a small, friendly, active neighborhood. There are children playing, dogs being walked, active people outside, and the high speed of this traffic is going to result in injury at some point. If the town can't do anything about it, the residents are prepared to take matters into our own hands. We are about ready to place our own temporary speed bumps on the street on the weekends to combat this high speed traffic. We are aware of the possible legal consequences of placing our own unauthorized speed bumps, so as a last ditch effort, I now contact the selectmen to see if there is anything the town can do to help us. Please consider our problem and help us do SOMETHING about it. I am willing to fund the electricity and allow a signpost to be placed on my property, if we could add one of those 'speed alert' signs that shows cars just how fast they are going, similar to the ones on Franklin St. near the elementary school. Please look at the Slow Children sign on our street. It is unreadable and pitiful. Thank you for your time, -Derek Cunningham 32 Warren Ave. Cell 508-878-1389 Home 781-779-1543 ga 3 Page 1 of 1 qc- QoS Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, October 23, 2008 8:37 AM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: FW: Question 1 - taking a position I/c Board of Selectmen From: gvhines@verizon.net [mailto:gvhines@verizon.net] Sent: Thursday, October 23, 2008 8:17 AM To: LeLacheur, Bob Cc: andrew_grimes@cabot-corp.com; bcberman@comcast.net; we4greens@comcast.net; Hines, George; hal.torman@bms.com; jay.tangney@holcim.com; Marsie.West@bnymellon.com; wilson2958@hotmail.com; white8192@yahoo.com; Hechenbleikner, Peter; Schettini, Pat Subject: Re: FW: Question 1 - taking a position Yahoo! Oct 23, 2008 08:14:55 AM, blelacheur@ci.reading.ma.us wrote: OK - FINCOM is cleared to speak as a body. Bob From: Ellen Doucette [mailto:ecdoucette@brackettlucas.com] Sent: Wednesday, October 22, 2008 4:28 PM To: Subject: Question 1 - taking a position Bob, The Fincom as appointed officials are not restricted from taking a position on a ballot question. The only restriction that I could glean from the OCPF's 92-02 advisory re: appointed paid officials is that they cannot discuss ballot questions unless its within the scope of their employment. I take this to mean that you or Peter, etc, as appointed paid municipal officials are restricted in what you can do because you work in a public environment. I do not believe it was intended to restrict the Fincom who are appointed members of a volunteers board. Attached hereto is AO-08-08 issued in October which provides guidance to a school building committee which is made up of both elected and appointed members. There is no discussion of a prohibition on action because some of the members are appointed. I'll answer the website question separately. Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas (508) 799-9739 (508) 799-9799 Facsimile 10/23/2008 9D Page 1 of 1 ~r -e os Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, October 22, 2008 5:06 PM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: URGENT - Question One Communication Policy I/c Board of Selectmen From: LeLacheur, Bob Sent: Wednesday, October 22, 2008 4:15 PM To: Andrew Grimes (andrew_grimes@cabot-corp.com); Barry Berman (bcberma n @comcast. net); David Greenfield (we4greens@comcast.net); George Hines (gvhi nes@verizon. net); Hal Torman (hal.torman@bms.com); jay.tangney@holcim.com; Marsie West (Marsie.West@bnymellon.com); Matt Wilson (wilson2958@hotmaii.com); Tom White (white8192@yahoo.com) Cc: Hechenbleikner, Peter; Schettini, Pat Subject: URGENT - Question One Communication Policy FINCOM members, Please do NOT do anything as a body on Question One until further notice. Town Counsel is investigating something that has just arisen on whether you as appointed officials (instead of elected officials) have different rights/limitations. Town Counsel has just gotten back to me from a question sent last night, and the issue is gray & very hot around the state right now. Until she clears you as a body, please limit your communications to be that of an individual and not the FINCOM. Thanks, Bob Bob LeLacheur Assistant Town Manager/Finance Director Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781-942-6636 (F) 781-942-9037 (E) finance c@i ci.reading.ma.us 10/23/2008 <~C' rirst Con r-e ational CHURCH OF READING UNITED CHURCH Of CHRIST October 21, 2008 Larry Ramdin Board of Health Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Larry, fc(6 ~ oct z2 ~ 3: ua I ` S I just wanted to drop you a note and thank you for all your help during our upgrade to our kitchen. As there were many committees and different people involved in this undertaking we were very much aware of all the questions, repeat questions and inquiries for information that you were called upon for. We appreciate the time and consideration that you took to work with us; coming here to speak with a group of church people; talking with the different contractors; reinforcing the rules and guiding us through the step by step inspections until we were done. As always it is a pleasure to work with Joan. She always has gone out of her way to help us with inforn~qion and hands on support. Sincerely, Marilyn ossma - Administrator CC: Town Manager ...Spirit-led worship, warm welcome and sanctuary for all. 25 Woburn Street Pending, MA 01867 www.churchofreading.org 791.944.0205 (phone)