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HomeMy WebLinkAbout2008-10-21 Board of Selectmen Packet~y OF$~q Town of Reading r~~ two 16 Lowell Street f639 Ne°~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: October 17, 2008 RE: Selectmen's Meeting - October 21, 2008 TOWN MANAGER (781) 942-9043 Reminder - There is an Adopt an Island Reception at the Senior Center at 7:00 p.m. I would hope that the Board will be back at Town Hall by 7:30 p.m. to start their regular business. 2a) Please see the attached proclamation and background material for Red Ribbon Week. It would be helpful to know if a member of the Board will be available to present the proclamation at Joshua Eaton School at 8:30 a.m. on October 27, 2008. 3a) There are two candidates for one position on the Council on Aging. The Council does accept Associates if appropriate. 4a) Hearing - Transfer of Liquor License - Romano's Macaroni Grill - This is a transfer for the change of ownership for a number of the restaurants. A hearing is required, but notice to the abutters is not required. 4b) The owner of Twin Seafood will be in at a hearing on their sale of liquor to an underage person on September 19, 2008. The Police Department will also be present. We do not anticipate the proprietor to contest the charges. 4c) Review of potential for the Board of Selectmen to taking a position on Question 1. This was carried over to this meeting from the Financial Forum on Wednesday night. Ben Tafoya has copied the attached material for you. That is the law dictating what the Board of Selectmen can and cannot do. Hopefully all five members of the Board of Selectmen will be present to discuss this and make a decision. 4d) An owner of a residential building in downtown - the Flat Iron building where the Hot Spot is - has no onsite parking. They are asking whether or not overnight parking can take place in the municipal parking lot on Brande Court. The PTTTF has discussed this and suggested that, since we allow this practice in other locations for similar circumstances on the easterly side of Main Street that it can be permitted in this location. Enclosed is a draft of the modifications to the existing policy. 4e) You will have the Town Meeting Warrant Report as much as its been drafted to date in your packet. We will be doing additional modifications and drafting next week and may have some modified information for you on Tuesday night. The Bylaw Committee and Finance Committee have completed their review. 4f) We had previously discussed modification of the liquor policy as recommended by Jim Shields, the trainer who made a presentation to the Board of Selectmen several months ago. Attached in your material is a draft completed by staff to date, but Mr. Shields is making some further modifications that you will see next Tuesday. My suggestion would be for the Board to have discussion on this draft and then allow time to have discussion with the Chamber of Commerce and business community prior to holding a hearing on any proposed changes to the policy. Therefore, a hearing on the policy would probably not take place until late November. Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, October 14, 2008 11:15 AM To: Reading - Selectmen Cc: Schena, Paula Sublect~: FW`: Downtown Parking Meeting 10-30-08 Town Managers report From: Knight, Maureen Sent: Friday, October 10, 2008 1:27 PM To: Knight, Maureen Subject: Downtown Parking Meeting 10-30-08 Next Downtown Parking Meeting Reading Senior Center 7:00 PM - Thursday, October 30, 2008 Join Jason Schrieber of Nelson Nygaard and Town Manager Peter Hechenbleikner at the Senior Center to help determine the downtown parking needs and solutions. Nelson Nygaard has been hired by the Town to conduct a feasibility study for a parking garage and to develop a parking management study for the Town. If you are concerned about the future of parking in downtown Reading you should attend this meeting. Maureen M. Knight Community Services Town of Reading 16 Lowell Street Reading MA 01867 Phone 781-942-6610 Fax 781-942-9071 C' 10/14/2008 Page 1 of 2 Hechenbleikner, Peter From: Anderson, Thomas (EEA) [Thomas.Anderson@state.ma.us] Sent: Thursday, October 16, 2008 3:24 PM To: Fink, Fran; Anderson, Thomas (EEA) Cc: Hechenbleikner, Peter Subject: RE: LAND Grants Fran, The LAND program was not affected by yesterday's budget cuts. We have completed all our reviews of the applications but they still have to go through a further review and approval process up through the Secretary. All I can tell you is that as soon as we know, we contact all the applicants and let them know the results within a day or two at the most. So we will let you know as soon as possible. Hope this helps. Tom From: Fink, Fran [mailto:ffink@ci.reading. ma.us] Sent: Thursday, October 16, 2008 1:50 PM To: Anderson, Thomas (EEA) Cc: Hechenbleikner, Peter Subject: RE: LAND Grants Hi Tom, We have been keeping an eye on the state's response to the recent financial turmoil, including the Governor's announcement yesterday. I am just checking to see whether you have any new information about the funding for LAND grants this year. Will you still have funds available? If so, do you have a revised time frame in mind for announcing the awards? Or any idea how Reading's application ranks among the applications that you have received? We are still moving forward with our November 10 Town Meeting plans, including the necessary warrant articles to authorize land purchase and our share of the costs, etc., and would appreciate any information you can provide. Thanks, Fran Fink Cons. Admin. 781-942-6616 From: Hechenbleikner, Peter Sent: Friday, October 03, 2008 8:28 AM To: 'Anderson, Thomas (EEA)' Cc: Fink, Fran Subject: RE: LAND Grants Tom Thanks for the update on the grant application. 10/16/2008 Page 2 of 2 Our Town Meeting meets on November 10, and our FINCOM final review of the warrant is October 15. It would be helpful to know as soon as possible since the FINCOM needs to make a recommendation to Town Meeting. Pete Hechenbleikner Town Manager From: Anderson, Thomas (EEA) [mailto:Thomas.Anderson@state.ma.us] Sent: Friday, October 03, 2008 7:33 AM To: Fink, Fran; Anderson, Thomas (EEA) Cc: Hechenbleikner, Peter Subject: RE: LAND Grants Hi Fran, Getting all the final reviews done and so on does take time. I can't say for sure when we are ready to announce but I hope it will be soon. We definitely let you know whether it is a yes or a no as soon as we know. Regarding the town warrant. When will Town Meeting be for Reading? Tom From: Fink, Fran [mailto:ffink@ci.reading. ma.us] Sent: Thursday, October 02, 2008 5:28 PM To: Anderson, Thomas (EEA) Cc: Hechenbleikner, Peter Subject: LAND Grants Hi Tom, I am just checking to see whether you will be announcing the LAND grant awards any time soon. I think the target date was mid- September, but I know that these things usually take a little longer. My Town Manager and Finance Committee are working on budgets and Town Meeting Warrants and would like to pin down the details needed for our part of the match, etc. Thanks, Fran Fink Reading Conservation Administrator 781-942-6616 C, 10/16/2008 PROCLAMATION RED RIBBON WEEK WHEREAS: Communities across America have been plagued by the numerous problems associated with alcohol, tobacco and other drug use; and WHEREAS: There is hope in reducing substance abuse in Reading, and the hope lies in the hard work and determination of our community to reduce unhealthy behaviors and promote healthy behaviors to create an empowering and safe environment; and WHEREAS: Local leaders from the government, schools, clergy, law enforcement, youth serving organizations and in the community, know that the support of the people in community is the most effective tool they can have in their efforts to reduce use of alcohol, tobacco and other drugs by residents; and WHEREAS: Success will not occur overnight, and our patience and continued commitment to drug education and prevention are imperative; and WHEREAS: The red ribbon was chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration Agent who was murdered in the line of duty and has come to represent the belief that one person CAN make a difference; and WHEREAS: The Red Ribbon Campaign was established by Congress in 1988 to promote this belief and encourage a drug-free lifestyle and involvement in drug prevention efforts. NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim October 27-31, 2008 as Red Ribbon Week, and encourage all citizens, businesses, public and private agencies, media, religious and educational institutions to show their support for a drug-free state by wearing a red ribbon and participating in drug-free activities throughout the week, and joining the rest of the Nation in promoting the Red Ribbon Celebration and a drug-free America. BOARD OF SELECTMEN Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman James E. Bonazoli, Secretary Camille W. Anthony Richard W. Schubert 0 Page 1 of 1 Marino, Lillian From: Hechenbleikner, Peter Sent: Thursday, October 16, 2008 8:06 AM To: Marino, Lillian Subject: FW: Red Ribbon Proclamation Attachments: Request for RR Proclamation.doc For Board of Selectmen 10-21 From. De Benedetto, Concetta Sent: Wednesday, October 15, 2008 9:43 AM To: Hechenbleikner, Peter Cc: Cormier, Jim; Abate, Richard; Schettini, Pat Subject: Red Ribbon Proclamation Hi Peter, I wanted you to know that Anne Manna, classroom teacher and Student Council Advisor, has coordinated Red Ribbon Week at Joshua Eaton School for the last two or three years. Red Ribbon Week is a national drug prevention observance during the last week in October and is espoused by our.federal funder. The kick-off will be held on Monday, October 27th at 8:30a.m. The entire student body will encircle the school and a red ribbon will be passed from student to student. The purpose is to demonstrate that the Joshua Eaton community stands united in keeping their school safe from anything that may be harmful.... smoking, drugs, etc. The week will include activities, such as a poster contest, that promote safety and awareness to all students. To support Anne Manna in this endeavor, RCASA will purchase some promotional items related to Red Ribbon Week and ordered 300 free comic books sponsored by the Elks. There is also a Red Ribbon Week Proclamation (please see attached) that can be read at a Selectman's meeting where possibly Principal Patricia De Garavilla, Anne Manna and Student Council members could be present. RCASA's role is to support the National Red Ribbon Week. This year there happens to be only one school that has requested our support. However in the future, the hope is to expand Red Ribbon Week throughout the Reading Community. Best Regards, Connie DeBenedetto Community Outreach Reading Coalition Against Substance Abuse 15 Union Street Reading, MA 01867 781-942-6756 Gj Ck, 10/16/2008 APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 16, 2008 Council on Aging Term: 3 years Appointing Authority, Board of Selectmen Present Member(s) and Term(s) Carol Patterson, Chairman Carole N. Scrima, V. Chr. Margaret Havey Steve Oston Sally M. Hoyt Vacancy Barbara A. Powers George E. Lonergan, Jr. Stacy Bertocchi, Secretary Marguerite Bosnian 1 Vacancv, Orig. Term Date Exp. 128 Grove Street (03) 2009 709 Gazebo Circle (04) 2010 23 Van Norden Road (06) 2009 68 Sturges, Road (07) 2010 221 West Street (04) 2010 ( ) 2011 25 Belmont Street (00) 2009 One Summit Drive #69 (08) 2011 250 High Street (05) 2011 46 Putnam Road (05) 2009 Candidates: Gina Nelson Carol A. Oniskey *Indicates incumbents seeking reappointment 3a COUNCIL ON AGING Term Three years Appointing Authoritv Board of Selectmen Number of Members Ten Members whose terms are so arranged that as nearly an equal number of terms as possible shall expire each year. All members shall be inhabitants of the Town and at least two members shall be over 60 years of age. Meetings Regular meetings are held on the second Monday of each calendar month at 6:30 p.m. unless a legal holiday when the meeting will be held the following Monday unless otherwise designated. Authority Reading Charter - Adopted March 24, 1986 Purpose The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, by the Reading Home Rule Charter, by Bylaw or by Town Meeting vote. Included are the following: To ascertain needs of residents 60 and over, to conduct and sponsor programs and disseminate information addressing those needs, to directly assist individuals and to be advocates for the elderly of Reading at the community, State and National levels. APPLICATION FOR APPOINTMENT TO BOARDS/COADITITEESICOMMSSIONS Name: l-~ t .V"1 a Date: ~~_L! (Last)) (First)' (Middle) Address: (G t -jLc Tel. (Home) ~i 1- C C4.c~~ Y 1 U 1 `c7 '1 Tel. (Work) 1'"7 2~ - ~j (5 p (is this number lis(ed?) Occupation: UP L\'rt_A t1Rr1--, l-- f '2 1 z__ # of years in Reading: Are you a registered voter in Reading?~ e-mail address:. t "j1 v wvl o a,34 , vi{ Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Animal Control Appeals Committee Aquatics Advisory Board Audit Committee -Board of Appeals -Board of Cemetery Trustees -Board of Health -Board of Registrars Bylaw Committee Celebration Committee -Cities for Climate Protection Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Hoard ,Council on Aging Cultural Council -Custodian of Soldiers' & Sailors' Graves -Economic Development Committee Finance Committee _Historical Commission Housing Authority -Human Relations Advisory Committee Land Hank-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: t c~ytr► h~ r1,4r1 w~►tt t LP '~~1 ZG :s ~ t \ t1 t ~ \2~ f D ao CNr'► N v't -o 3 r) to 3a3 coy-N GINA NELSON 6 Hurlburt Road Reading, IvIA 01867 781-944-3936 gnelson@constahevexse.com PROFESSIONAL EXPERIENCE Operations Manager My responsibilities include: o Overseeing Processing, Underwriting, Closing, Funding, Post Closing and Quality Control departments. o Review submission of all loan applications to various investor underwriting departments. o Ensure that all verifications are done to ensure that all info submitted by applicants is true and accurate, while also confirming that applicants meet all investor guidelines. o Verify conditions submitted to satisfy underwriting criteria meet investor guidelines. o Receive and review all appraisals, as well as monitor all appraiser practices. o Review all closing documents prior to closing o 14l2intain procedures to ensure interest rate expirations are met in a timely manner. o Maintain procedures to ensure funds are ordered and received by approved closing attorney by anticipated funding date. o Insure all post closing requirements are obtained and submitted within a timely manner. o Review closed loan files to determine all HMDA requirements are being met, as well as to ensure we have complete records of true and aecurate borrower information o Interview and hire perspective employees to facilitate company growth o Oversee daily employee operations to ensure policies and procedures are being adhered to o Review employce.perfornance reports o Review/manage department salary allowances (budget) o Nfanage all investor and vendor accts o Annual and Quarterly State, Federal and Investor reporting o Reconsile individual accounts, review for accuracy and approve for final payment to employees, investors, vendors o Bi-monthly payroll - ADP o Creating and managing personell files Operations Manager Ivey responsibilities include: o Overseeing Processing Underwriting Closing; Funding, Post Closing and Quality Control departments. o Review submission of all loan applications to various investor underwriting departments. o Ensure that all verifications are done to ensure that all info submitted by applicants is true and accurate, while also confirming that applicants meet all investor guidelines. o Verify conditions submitted to satisfy underwriting criteria meet investor guidelines. o Receive and review all appraisals, as well as monitor all appraiser practices. o Review all closing documents prior to closing. o Maintain procedures to ensure interest rate expirations are met in a timely warmer. o Maintain procedures to ensure funds are ordered and received by approved closing attorney by anticipated funding date. o Ensure all post closing requirements are obtained and submitted within a timely manner. o Review closed loan files to determine all HhiDA requirements are being met, as well as to ensure we have complete records of true and accurate borrower information. 3 N6W,'" iibe# Y Oa ; =July 007 ~~w 'a;jfAduanicea ll+~ar e e ri +es` ; ;s' jt :Naow±a11;_ MA Vice President, Operations My responsibilities include: ❑ Overseeing Processing, Underwriting, Closing, Funding, Post Closing and Quality Control departments. ❑ Review submission of all loan applications to various investor underwriting departments. ❑ Validate Fannie Mae DO and Freddie Mac LP underwriting findings. ❑ Ensure that all verifications are done to ensure that all info submitted by applicants is true and accurate, while also confirming that applicants meet all investor guidelines. ❑ Verify conditions submitted to satisfy underwriting criteria meet investor guidelines. ❑ Receive and review all appraisals, as well as monitor all appraiser practices. ❑ Review all closing documents prior to closing. ❑ maintain procedures to ensure interest rate expirations are met in a timely manner. ❑ Maintain procedures to ensure fiords are ordered and received by approved dosing attorney by anticipated funding date. ❑ Ensure all post closing requirements are obtained and submitted within a timely manner. ❑ Review closed loan files to determine all MIDA requirements are being met, as well as to ensure we have complete records of true and accurate borrower information. Loan Officer 2002 - 2005 o Developed customer base by utilizing personal and professional contacts. o Managed accounts from application through closing. o Organized First Tune Buyer seminars o Counseled First Tune homebuyers on obtaining and maintaining a home o Reviewed borrower informati on to ensure creditworthiness o Validated Fannie Mae DO & Freddie Mac LP underwriting findings Loan Processor 2001- 2002 o Managed accounts from submission through closing. o Evaluated lender risk based on borrower credit worthiness. o Researched new lender products to offer to customers. o Trained all new loan officers. o Reviewed borrower information to ensure credit worthiness o Validated Fannie Mae DO & Freddie 'Mac LP underwriting findings s 2001, JNM,.~' Sa1us ~11A c, w?. ,ai,... ' Restaurant Manager o Responsible for training all new employees. 0 Maintained all sanitation guidelines. o Responsible for all food and product ordering. o Responsible for all'cmployee cash draw accuracy at the end of shifts. EDUCATION North Shore Community College September 1993 -June 1995 3 a5' CERTIFICATIONS AND MEMBERSHIPS Licensed Mortgage Broker Associate State of Florida Certified Mortgage Loan Originator State of Maine Notary Public Commonwealth of Massachusetts Legislative and Compliance Committee -;Massachusetts Mortgage Association (NMIA) SOFTWARE KNOWLEDGE Microsoft Office Encompass Fannie Mae DO/Freddie Nfac LP Doc Magic MERS WA ADP Resource hfanagement Quick Books References will be famished upon request. 3 APPLICATION FOR APPOINTMENT TO BOARDS/CONVOTPEES/COMA MISSIIOONS Name: UX (5 K-F- Date: q l~ qI6 (Last) (First) (Middle) ` t - Address: / ST-P-A U6. -f?-V /4-,(.L.( - L- N Tel. (Home) / Tel. (Work) f (Is this number listed?) 1t Occupation:-SEAttoiL "6m PAAj,4c" # of years in Reading: 7 Are you a registered voter in Reading? e-mail address:-0-D y((~E~ (`_v V ~z-cam- Place a number next to your preferred (up to four choices) with #1 being your first priority. g Y (Attach a resume if available.) Animal Control Appeals Committee -Aquatics Advisory Board Audit Committee Board of Appeals _Board .of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection -Commissioner of Trust Funds -Community Planning & Development Comm. Conservation Commission -Constable Contributory Retirement Board -Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Craves 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: co --o N PE2S00:1-T-7 of Or- S Ekgyr s G~ vc s ~3 3 aI From: Carol Oniskey [mailto:coniskey@GentleGiant.com] Sent: Tuesday, September 23, 200810:43 AM To: Folopoulos, Dawn Subject: COA Dawn, Thank you for making me feel welcome at last night's meeting. I'll fill out the application and drop it off (or mail it) to you by the end of the week. Let me know if there are any other considerations. thanks again carol Carol Oniskey Director of Senior Move Mgmt Services Phone: (617) 8064 108 1 Fax: (617) 8684675 coniskey@handsofchange.net Gentle lmnsitinrts. Citing po_cSibditicw. Serving MA- Metro Bostoninorthshoreirt. 128 belt Hands of Change was established as a unique service to gently transition seniors into a new life phase. Whether downsizing to a smaller home, or moving to one of the varied types of senior housing, Hands of Change can help. More information at www.handsofchanae.net. Hands of Change is a division of Gentle Giant Movina Comganv, proud to be recognized as: . 2007 winner of the Top Small Workplaces award by the Wall Street Journal and Winning Workplaces 2007 winner of the Angie's List Super Service Award@ 2006 winner of the Better Business Bureau's International Torch Award for Marketplace Ethics This e-mail, and any files transmitted with it, are intended solely for the individual or entity to which it is addressed. Any unauthorized dissemination, distribution or copying of this 3°'g LEGAL NOTICE r TOWN OF READING To the Inhabitants of the Town of Reading: You are hereby notified that an application for a transfer of a liquor license. and change of manager has been applied for by. Mac Acquisition. of Delaware d/b/a Romano's Macaroni Grill. The, application `is for the lpeemises.at 48 Walkers Brook 2 Reading, Massachusetts. Under :the p:rovisio.ns of ,Chaoter.138; Section 15 -of,the Massachusetts General `Laws, =a. public hearing. will be' held concerning such applicatioh,by' . the 'Board of Selectmen on .`Tuesday, October 21, 2008 at 8:15 p.rn, in the Selectmen's Meeting -Room, -16 Lowe11'. Street; Reading,. Massachusetts. All interested parties ,are invited to attend or submit their '`c6mm' eats. in writing, or by j em..ail- to :townnianaaer@.a.read ,,Anal. ma.us. :M. 'By order of Peter 1: Mechenbleikner Town, Manager . 9/30 OF R~ b~G ' Town of Reading d. o 16 Lowell Street 639:INcoRY°¢~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www.readingma.gov MEMORANDUM DATE: September 26, 2008 TO: Police Chief Jim Cormier Health Administrator Larry Ramdin - ;;77 -Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office RE: Application for Transfer of Liquor License and Change of Manager for Romano's Macaroni Grill Attached is an application for a Transfer of a Liquor License and Change of Manager for Mac Acquisition of Delaware d/b/a Romano's Macaroni Grill located at 48 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on October 21, 2008. Please review this material and get back to us with your comments. Thank you for your assistance. lm Attachment a~z' TOWN MANAGER (781) 942-9043 °p READING POLICE DEPARTMENT a¢ 15 Union Street - Reading, Massachusetts 01867 ~/NCORpO Emergency Only: 911 - All Other Calls: (781) 944-1212 • Fax: (781) 944-2893 DATE: OCTOBER , 2008 TO: CHIEF J ES W. C IER FROM: LT DET W.ROB , I RE: APPLIC TION FO TOR A R OF LIQUOR LICENSE & CHANGE OF MANAG F ROMANO'S MACARONI GRILL I received an application for a Transfer of a Liquor License and Change of Manager for Mac Acquisition of Delaware d/b/a Romano's Macaroni Grill located at 48 Walkers Brook Drive, Reading. I reviewed this Department's call history for Romano's Macaroni Grill from 6/24/2005 through 10/01/2008. That review revealed no unusual calls for service. I reviewed the prospective new manager's background as well. Based upon my reviews, I have concluded there are no reasons that the Reading Police Department would object to the liquor license transfer or change of manager. ,Va3 OF R~gor~ + Town of Reading 16 Lowell Street 639°Inc°4°¢P Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.read!ng.ma.us Website: www.readingma.gov MEMORANDUM DATE: September 26; 2008 TO: Police Chief Jim Cormier Health Administrator Larry Ramdin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942-9043 RE: Application for Transfer of Liquor License and Change of Manager for Romano's Macaroni Grill Attached is an application for a Transfer of a Liquor License and Change of Manager for Mac Acquisition of Delaware d/b/a Romano's Macaroni Grill located at 48 Walkers Brook Drive. This application will be going before the Board of Selectmen at their meeting on October 21, 2008. Please review this material and get back to us with your comments. Thank you for your assistance. lm Attachment i V" GRAY ROBINSON ATTORNEYS AT LAW 813-273-5161 AROTELLA Ct,GRAY-ROBINSON.COM VIA FEDERAL EXPRESS Ms. Lillian Marino Administrative Secretary Board of Selectmen's Office Town of Reading 16 Lowell Street Reading, MA 01867 SUITE 2200 201 N. FRANKLIN STREEt (33602) POST OFFICE Box 3324 TAMPA, FL 33601 TEL 813-273-5000 FAx 813-273-5145 gray-robinson.com September 19, 2008 FORT LAUDERDALE JACKSONVILLE KEY WEST LAKELAND MELBOURNE MIAMI NAPLES ORLANDO TALLAHASSEE TAMPA 8 co N s. Re: Romano's Macaroni Grill transfer of liquor license to Mac Acquisition of Delaware 'Q 48 Walkers Brook Drive Reading, MA N Client-Matter No. 348256-1 Dear Ms. Marino: Our office represents Mac Acquisition of Delaware regarding the license transfer from Brinker Massachusetts Corporation for the above-referenced restaurant. Attached for your review please find a copy of a letter to Mr. Sacramone at the ABCC. As you will note, we are ding the transfer application with the ABCC and your office at the same time to expedite the filing process. Enclosed please find a copy of the liquor license transfer application and enclosures submitted to the state liquor authority. You will note that the state liquor authority already received the $200.00 transfer fee, together with the application and appropriate documents for filing. Please schedule our client's change of owner/transfer of liquor license application for a hearing and advise of the date and time so that we can notify the manager to appear. If you have any questions or require additional information and documentation, please contact our office. Encs. # 1441372 vI Sincerely, Angela T. Rotella-Garzon Licensing Specialist THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION 101600024 License Number FORM 43 Reading City/Town 9/19/08 Date TVUe of Transaction (Please check all relevant transactions) ( ) New License ( ) New Officer/Director Transfer of License ( ) Change of Location QOChange of Manager ( ) Alter Premises ( ) Transfer of Stock ( ) Pledge of License ( ) Pledge of Stock ( ) Other .Mac Acquisition of Delaware Name of licensee FID of Licensee Romano's Macaroni Grill Elizabeth Murray D/B/A Manager 48 Walkers Brook Drive, Reading, MA 01876 Address: Number Street Zip Code Annual All Alcohol Restaurant Annual or Seasonal Category: All Alcohol, Wine & Malt Type: Restaurant, Club, Package store, Inn, General on Premise, Etc. Description of Licensed Premises: Full service restaurant Application was filed: 9122/08 Advertised: 9/301'08 - Chronicle Date & time Date & Publication Abutters Notified Yes No Person to contact regarding this transaction: Name: GrayRobinson, P.A., Attn: Richard Blau, Esq. Address: 201 N. Franklin St., Ste. 2200, Tampa, FL 33602 Phone 813-273-5161 Remarks: The Local Licensing Authorities By: Remarks: Er,ecutive Director Aa V Alcoholic Beverages Control Commission city/Town: Reading, MA 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 X) Transfer of License ( ) Other ( ) Transfer of Stock (specify) Section 1 Name to appear on the license: Mac Acquisition of Delaware Business Name (d/b/a, if different): Romano's Macaroni Grill Manager of Record: Elizabeth Murrav FID of Licensee: Address of Premises: 48 Walkers Brook Drive, Reading, MA Zip Code: 01867 Phone number of premises: 781-944-0575 Section 2 Type of license: (check one only) ( ) Club ( ) Package Store ( ) Veterans Club ( ) General on Premise (y,) 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 ( X) Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Richard M. Blau. Esa.. GravRobinson. P.A. Address: 201 N. Franklin St., Ste. 2200, Tampa, FL 33602 Phone Number: (813) 273-5128 k Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: Full service restaurant. Diagram on file. No changes to restaurant. 6a. Seating Capacity: On File Occupancy Number: On File Section 7 Applicant is an: ( ) Association ( ) Corporation ( ) Individual ( ) Partnership ( ) Non-profit corporation (X) LLC Section 8 If applicant is an individual or partnership - List for individual or each partner: F 8a. Is individual or all partners United States citizens? ( X) Yes ( ) No If no, specify citizenship: 8b. Is individual or all partners involved at least twenty-one years old?( X) Yes ( ) No Section 9 If the applicant is a corporation, complete the following: State of Incorporation: Delaware Date of Incorporation: 711/08 Date qualified to do business in MA: 8/28/08 9a. How many shares of stock are authorized: How many shares are issued: Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full Name Home Address 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. See attached. t~ o _ 1 ~g E~~ elf YEIE cT G® 015® G •/I < I H®R a~-~ r _ ~ _ I ~ ~ IGE 1 _ I cx ffm ® E ice PI - P i l I t _ . ~R I 6 VE51~BUtE `0 ° In- i Pun eopu ° ° WV pwWG i © a m~F Iii 0 0 0 I 4 ~ ' ~ GInWG - ❑ 4 ~1 O ONWG IJ ~O I a ° 0 I CID El 11 El El.-. ~ % I J _ I c ~ ❑ O ❑ O ICI ❑ ❑ r ~ [11 [a M M M ID M M r~7 I is I winp~xG © ( I y~ - I I 01~ I I pa I I _ ! ~ ~jt~ ~ ( ~jl~ ~ J 1 J 1 ~ i1 1Q~ Ion r,a q.u um v+etp x, ~n „ SJ~v ^v.»y,.. GENERAt. Nnrr=S ~.w 011H I ~WNEH FIIHNI5HE0 ITEMR ..Ne _ 1n e. 4m' ax tx[ awu~u maw a,a. ,a. wR~..m~ n ~'k ~~:wa®~ ,a pR nti ar a,..a.a ^u w .a WR°n,m. a»w~ ,ntvp.t (w n.xu M vna tp.11 ,alnuv tnrto u' m urx[a l,ai• m~.:p ~m Ana. ,1. Icnm +M•twJ„ Ix1u ryNnta to me ttsx n ~..xNO ~.b ml ,.t°~°rnw~.awaAvv i=~~tn°wa wu uiu :r° , maxKr, o-un u nK,xtp nin, ni oss"~`. uriaiu amp ~w~ onib w wsa ~ 4c u w~+ux. xm wwtc w rvu ' aaain tn~~im R~pIN~„c a~u pct s nx mi p,nrru u.nct m u ~W n ar ~taa ma.K, ,a. w< Im, ms, na woi°isua. ~m't¢ps'pn, pi YM[ 4+(AI~ NA V t~p>~1 a~i o,+ywct ,w6tut'~ .nnYai VYM:xK. mRVI . nRa:a 'n m~ „m town / Nt uM4 ,rtRL 1 Nt St„lV ila x tp[ vlnRbf, (fl,RNt, WUL pia p,ui0 WtA I yuWKMtp Hoot N„tn. pm Mpv NtBP Rs, up WuK[ nw. n p port vu[ tun ,1 a.a t aM1 :aM Nn u.,n er Nnav,vc tva+nm m~ mmran 0i F•^URNISHING PLAN a x~~ b m not swt JY4fNiIfS CpniN[tG0 (O vExln !!t nENG mb➢ll06 )+e1 N 1H, pY%PAKYS P,b p plb4wG tNGiPoKpw Pnt'~p IpR Bp Z 1 tan 2 U N 091059.007 IA101 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? (X ) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? ( ) Yes ( X) No' 3. Is the manager or principal representative a U.S. citizen? ( X ) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. N/A F Title I Full Name I Home Address I DOB ( SSN I Phone Number I Ob. Attach a list of all members of the LLC. See attached. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license? ( ) Yes ( X) 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: G. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) Yes (X) No. If yes, please respond to the question below. ( ) As an individual ( ) Jointly Name of Realty Trust Name of Corporation ( ) Other (If you do not own the premises to be licensed, provide the following information about the owner.) Name: Two Walkers Brook Crossing, LLC Phone Number: Address: 1266 Furnace Brook Parkway, Suite 104-Room WBC, Quincy, MA, 02169 LA a * EXISTING BUSINESS - LANDLORD & LEASE INFORMATION ON FILE. 12a. If a lease or rental, provide the following information: $ per (month, year, etc.) Beginning date of lease Ending Date of lease (provide copy of the lease) FINANCIAL Section 13 What assets were purchased and cost? *Existing business. Equipment: $ Furniture: $ Goodwill: $ Inventory: $ License: $ Premise: $ 13a. Total Purchase Price: $ 131,500,000 (See attached Purchase Price, Section 1.3 of Purchase Agreement and Source of Funding) 13b. Identify below all sources of financing: Mortgage: $ Seller: $ Cash: $ Other (specify): $ Document all sources e.g. Loan papers, checking accounts, stock sales, etc. 13c. All other terms and conditions: (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: Full Name Home Address I DOB I SSN I Phone Number See attached. 1 .3. Purchase Price and Eouity Investment. (a) The consideration to be received by the Operating Entities at*Closing for the Purchased Assets (tine "Purchase Price") shall be One Hundred Thirty-One lylillion Five Hundred Thousand and DD/10D Dollars ($131,5DO,ODD.00) payable in cash at Closing in immediately available funds. The Purchase Price will be subject to adjustment for the matters set forth in Sections 1.4, 1.5,1.7,1-9, and 1.10. (b) At Closing, one or more Affiliates of Golden Gate Private Equity, Inc. ("GC-C") and Brinker Services Corporation, a Colorado corporation ("BSC"), innll enter into a Limited Liability Company Agreement for Mac Parent LLC, a Delaware limited liability company ("Parent"), in the form attached hereto as Exhibit F (the "Parent LLC Agreement"). At Closing, BSC will contribute to Parent $6,DOD,D00 in BSC's cash in consideration (the `BSC Contribution") for 19.9% of each class of Parent's membership interests issued and outstanding as of the Closing, and one or more Afr3liates of GGC will contribute to Parent cash in an amount of $25,000,000 (the "GGC Contribution") in consideration for 80.1% of each class of Parent's membership interests issued and outstanding as of the Closing. Parent ovens 100% of the equity interests of Mac Holding, LLC, a Delaware limited liability company ("Holdco', and Holdco in turn owns 100% of the equity interests of Purchaser. At Closing, (i) Parent shall contribute the BSC Contribution and GGC Contribution to Holdco in consideration for 100% of the equity interest in Holdco and (ii) Holdco shall contribute the BSC Contribution and GGC Contribution to P urdaser in consideration for 100% of equity int~csL in Purchaser. 1 o the lc~owledge of the parties, the Affiliates of GGC referenced above are not related to Brinker as defined in Section 267(b) of the Internal I{evenue Code of 1956. Brinker shall cause BSC to perform its obligations referred to in this Section 1.3(b) and elsewhere in this APA. ~~v 14a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: See attached corporate structure chart Person or entity ( Beneficial or financial interest + 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? ( ) Yes ( X) No Name ( Type of license I License Name and Address Description of 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 (X) No (If yes, provide the following for each person or entity.) Name Type of License I 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 I License I Reason why the license was terminated "6' Gorden Ces Co:) Gate Capital Investment Fundsl 80.1% I ! 19.9°% Mac Parent LLC, a Delaware limited liability company Joshua Obhansky - Manager Joshua Olshansky - President, Chief Executive Officer, Vice President and Secretary 100% Mac Holding LLC, a Delaware limited liability company Joshua olshansky - President, Chief Executive Officer, Vice President and Secretary 1OD% Mac Acquisition LLC, . a Delaware limited liability company Joshua Olshansky - President, Chief Executive Officer, Vice President and Secretary Golden Gate Capital is a private equity investment firm based in San Francisco with in excess of $9 billion of committed capital from leading endowments and foundations. The firm's charter is to partner with world class management teams in making high-retum, change-intensive, growth investments. GGC's professionals have participated in more than 100 investments aggregating to over $1.0 billion in enterprise value. GGC's current fund was raised in 2005 with $5.5 billion of capital commitments. 2 Brinker Services Corporation is an affiliate of Brinker International, Inc. Brinker International, Inc. is traded on the New York Stock Exchange. V A 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 I License I Reason why the license was suspended, revoked or cancelled 14f. Has any person or entity named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes (X) 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 day of , 2008 By;- . nature of Full e Title ~ iosi-rda Olshanskv, President \S . TOWN OF Reading TO THE LICENSING' BOARD .20, Brinker Massachusetts Corporation The undersigned licensee.._..._........ respectfully petitions for the transfer of the Restaurant On Premise (Class 'of tlcanse) beverages license now exerpised by tht said licensee on the premises located at 8 Walkers Broo k Dr Reading :MA whose address is.... 682. LB:....F~..1.1 alias,,~.~.....» (If present licensee is a corporation, fill in the following.paragraph) The said licensee is a corporation duly organti.ed under the laws of the Commonwealth of Massachusetts; and its officers, directors and stockholders,, their residences, and shares owned by each areas follows: (NAME) (ADDRESS) (SHAPES) FROM: (PLACE AW BEFORE THE NAME OF EACH DIRECTOR.) Roger.F, Tho.mps 3925 A .Gilbert, Dallas,.TX « _ ..esident) Bryan D. IUIcCrory(treasurer) 10905. Cactus Lane, Dallas, TX'. . Jeffreyr Hoban, VP & 1004:AlIen Street; Dallas.., TX A.0. Secty. (if prdposed:transferee is a corporation, fill in the fo)}ov4ng;paragraph.) Mac Acquisition of Delawarf? Transferee The proposed transferee Is a corporation duly organized under the laws. of:said ,Comrnonwealth and having a usual place of .business in said and Its officers and stockholders,' their residences, and shares ov ned by, each are as foilotris: (NAME) (ADDRESS) (SHARES) TO: (PLACE:AN' BEFORE THE NAMr OF EACH DIRECTOR_j Joshua Olshaj j ft eAds,,~ ..47 Levant St., San Francisco, CA « _ ..(clerk} . Thd above named proposed transferee hereby joins in this'.pelition fir transfer of said license,, and.rospeetfuily petitloha.th i Board to grant such transfer. Brinker Massachusetts .Corporation SIGNATURE OF LICENSEE.,. « {if a corp« its authorized representative) Jeffray«t° ltu(7.. . Mac Acquisition of Delaware SIGNATURE OF PROPOSED TRANSFEREE Of a corporation, its authorized r resentative) FORK! 983 Joshua 01shans~cy ,~a TOWN OF Reading 20 TO THE LICENSING BOARD The undersigned licensee Brinker Massachusetts Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . whose address is.. 6820 LBJ F Dallas, TX (If present licensee is a corporation, fill in the following paragraph) respectfully petitions for the transfer of the _ Restaurant On Premise (Class of License) beverages license now exercised by the said licensee on the premises located at kers,.Bro....ok 4.8-Val Dr.....x.Readin,~~..MA 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: (NAME) (ADDRESS) (SHARES) FROM: (PLACE AN ` BEFORE THE NAME OF EACH DIRECTOR.) Roger.F:.ThompsQresident) 3925 A Gilbert, Dallas, TX Bryan D. McCrory(treasurer) 10905 ats..Lane, Dallas, TX . Street. . , ..Dall. .as, TX . n,..VP.&. 1004..Allen.. Jeff rey..Hoba..... . . . . . . Asst. Secty. (If proposed transferee is a corporation, fill in the following paragraph.) Mac Acauisition of Delaware. Transferee The proposed transferee is a corporation duly organized under the laws of said Commonwealth and having a usual place of business in said and its officers and stockholders, their residences, and shares owned by each.are as follows: (NAME) (ADDRESS) (SHARES) TO: (PLACE AN ` BEFORE THE NAME OF EACH DIRECTOR.) Joshua.. .lsha. nftresident> ,47„Lev„ant St,,.San„Francisco,.CA . ..............................................(treasurer) .....................................................(clerk) The above named proposed transferee hereby joins in this petition for transfer of said license, and respectfully petitions the Board to grant such transfer. Brinker Massachusetts Corporation SIGNATURE OF LICENSEE (If a c poratio by its ze representa ' M isi ' n o el are SIGNATURE OF PROPOSED TRANSFERE .............pp (Ifa cor ration, b its re resen a ive FORM 983 J Olsha \i IN Sep 18. 08 03:45p Macaroni Grill Reading 781_9440926 p.2 The Commonwealth of Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMI=NT OR CHANGE !QF-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 QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. 1, LICENSEE NAME Mac Acquisition of Delaware (NAME AS IT WILL APPEAR ON THE LICENSE) a NAME OF (PROPOSED) MANAGER VI I 3, SOCIAL SECURITY NUMBER 4. HOME (STREET) ADDRESS,} wanoc., U(► t 7t k t'1~ nf) czI {77 ul 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 # -7R I " ri iOME# E• PLACE OF BIRTH: DATE CF BIRTH: 1NI'b~~f 8, REGISTERED VOTER: X YES NO 8A. WHERE?: 9. ARE YOU A U. S. CITIZEN: YES NO e~ 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE): (Submit proof of citizenship and/or naturalization such as Voter=s Certificate', Birth Certificate or Naturalization Papers) V" Sep 18 p$ 03:45p Macaroni Grill Reading 781-944-0926 p.3 11_ FATHER'S NAME td-tdM004-P-) 12. MOTHER'S MAIDEN NAME::Y~n 1 v \V 13. IDENTIFY YOUR CRIMINAL RECORD, (Massaohuselts, Military, any other State or Federal): ANY OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DIS OSITION: , - NO {MUST CHECK EITHER YES OR NO IF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY, ETC.) ~j r . 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: YES NO IF YES. PLEASE DESCRIBE: 15. FINANCIAL INTEREST, DIRECT OR INDIRECT, IN THIS OR ANY OTHER :I000R LICENSE, PERMIT OR CERTIFICATE: YES NO IF YES, PLEASE DESCRIBE: f6. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position; Employer, Address and if known, Telephone Numbers): $)C t+n Y- tv\~(mAni)c ~k Wob UCt1 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES: • .(;-U 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIE F PERJURY THAT THE INFORMATION I HAVE GI EN IN THIS APPLICATION IS TRUE TO THE BES O~ MY KNOWLEDGE AND BELIEF. t BY: .ir l t lt1 °1 1 1 ~~~al~ OPOSED'IvwIAGER I ATURE DATE' F ~ -1LES=JREEK. IUMURE'SIkFORNMFURMA W?D 9198 . 2 n\~~ Vv LEGAL NOTICE TOWN OF READING Alleged Violation - M.G.L. j Chapter 138, §34 - Sale to Minor To the Inhabitants of the. Town of Reading; Please .take notice that the I~ Board of Selectmen as the Licensing Authority for the Town of Reading will hold a .public hearing on Tuesday, October 21, 2008 at 8:30 p.m., in the j Selectmen's Meeting Room, 16 Lowell Street; ' Reading,. Massachusetts to show cause why Twin Seafood of Reading, Inc.. d/b/a Twin Seafood, 591 Main Street,' Restaurant License to Expose, Keep for i Sale and to Sell Wine and Malt Beverages to be Drunk on the Premises should not be modi- fied,. suspended, or revoked for violating G.L. Chapter 1.38.; §34 on September .19; 2008 to wit: the sale or delivery of alcoholic beverages to a person under 21 years "of. age. All interested parties may .appear in. person., may submit their comments in writing:, or may email comments, to town manaaer ci.readina.ma:us. By order of Peter I. Hechenbleikner .Town Manager 10/14 y - t Town of Reading rid zw two 16 Lowell Street 9.twoReading, MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 Website: www.readingma.gov October 6, 2008 CERTIFIED MAIL #7007 26,80 0001 9180 5954 Justin Ray 591 Main Street Reading, MA 01867 NOTICE OF HEARING Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor Dear Mr. Ray: You are hereby notified that a public hearing will be held by the Board of Selectmen as the Licensing Authority for the Town of Reading, on Tuesday; October 21, 2008 at 8:30 p.m. in the Selectmen's Hearing Room, Town Hall, 16 Lowell Street, Reading, MA, to show cause why your All Alcohol Off-Premises License should not be modified, suspended or revoked for violating G.L. Chapter 138, §34 on September 19, 2008 to wit: the sale or delivery of alcoholic beverages to. a person under 21 years of age, This public hearing will be held pursuant to the provisions of G. L. c.138, §64. After the hearing, the Board of Selectmen may vote to suspend or revoke your license if it finds that there is satisfactory proof that a violation has occurred. You may appear on your own behalf and/or with your legal counsel and present witnesses. For your information and .review, copies of police report(s) concerning the alleged incident are enclosed herewith. in rely,. / Peter I. Hechenbleikner, Town Manager Encl. cc: Town Counsel Chief James Cormier J Alcoholic Beverages Control Commission J v DD.RINC6 READING POLICE DEPARTMENT 09/29/08 10:56 v5:5m PAGE: 1 INVESTIGATIVE ACTION REPORT CASE#: D076607 org.case#: rpt date: 09/19/08 19:,09 reported: FRIDAY 09/19/08 15:39 from date: to ucr: 106 INVESTIGATION location: COMPLIANCE CHECKS follow up by: NONE NEEDED case status: CLEARED NORMAL officer: rpt status: COMPLETE Chaige Status: review officer: "53 SGT DET SEGALLA comp/vict 110tify: N sup review officer: cir/.involve type: Solvability Factors CIR: complaint: COMPLIANCE CHECKS OF ALCOHOL ESTABLISHMENTS, reporting officer: 68 OFF. ABATE assignment: B car; 53 second officer: 36 DET. SAUNDERS sup/back-up: NAMES type mast#, name/add phone dob ss# DEFN 080439 WINE SHOP OF READING, (781)-944-4521 676 MAIN READING MA. 01867 INVL 077705 LEWIS,ROSEMARY D 2 NEPTUNE BOSTON MA 02128 PROPERTY prop.type make mod/style color ser#k/vin# EVIDENCE rpt'd: 09/19/08 class: 02 ALCOHOL BUDWEISER BOTTLES 'BROWN id/desc: 12 PACK BUDWEISER BOTTLES value: $11 ncic: ~ reg 077705 - ROSEMARY LEWIS v DD.RINC6 READING POLICE DEPARTMENT 09/29/08 10:56 V5.5m PAGE: 2 INVESTIGATIVE ACTION REPORT CASE#: D076607 arg .case # PROPERTY Prop.type make mad/.style color ser#/vin# control : bin-# ~ analy_# NARRATIVE THE FOLLOWING IS THE SUMMARY OF THE FACTS OF AN INCSUENT THAT OCCURRED ON 09119103. 1 WAS WORKING WITH LT. DET. ROBBINS, SGT. SEGALLA, AND DETECTIVE SAUMERS CONDUCTING ALCOHOL COMPLIANCE CHECKS WITH ALL LICENSED ESTABLISHMENTS IN THE TOWN OF READING. AT APPROXIMATELY 4:05 PM JAMES STAPLES OF J.B.S. PROFESSIONAL SERVICES CONDUCTED A TRAINING FOR OUR TWO UNDER AGE OPERATIVES, ALYSE SULLIVAN (08/31/88) AND MICHAEL MORGAN (09/03/88). DURING THE TRAINING. BOTH OPERATIVES WERE PHOTOGRAPHED AND GIVEN A PORTABLE. BREATH TEST THAT REGISTERED 0.0. EACH OPERATIVE WAS GIVEN $100.00 FOR THE PURPOSE OF THE COMPLIANCE CHECKS AND LEFT ALL OTHER PROPERTY SECURED IN THE POLICE STATION. THE TRAINING WAS COMPLETED AT APPROXIMATELY 5:05 PM. MS. SULLIVAN WAS ASSIGNED TO SGT. SEGALLA AND ME. MR. MORGAN WAS ASSIGNED TO LT. ROBBINS, DET. SR NDERS AND MR. STAPLES. WE CONDUCTED OUR FIRST CHECK AT THE WINE SHOP LOCATED AT 676 MAIN STREET. AT 5:10 PM,MS. SULLIVAN ENTERSD THE ESTABLISHMENT EMPTY HANDED. AT 5..12 PM SHE EXITED THE ESTABLISHMENT CARRYING A 12 PACK OF BUDWEISER BOTTLES. MS. SULLIVAN STATED THAT SHE WAS NOT ASKED.FOR AN IDENTIFICATION AND THAT SHE WAS CHARGED $10.89. MS. SULLIVAN DID NOT OBTAIN A RECEIPT BUT SHE DID HAVE ONLY $89.11 REMAINING OP THE $100.00.SHE WAS ISSUED FOR THE OPERATION.. AN UNDERAGE OPERATIVE 'ALCOHOL ENFORCEMENT REPORT WAS FILLED OUT AND SIGNED BY MS. SULLIVAN. AT 5:20.PM'MS. SULLIVAN ENTERED NORTH SIDE LIQUORS LOCATED AT 150 MAIN STREET, AT APPROXIMATELY. 5:21 SHE EXITED THE. ESTABLISHMENT EMPTY HANDED. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE CLERK AND SHE LEFT TliE ESTABLISHMENT. AT 5:25 PM MS. SULLIVAN ENTERED BUSA LIQUORS LOCATED AT 345 MAIN STREET. AT 5:27 PM SHE EXITED THE ESTABLISHMENT EMPTY HANDED. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE CLERK AND SHE LEFT THE ESTABLISHMENT. AT 5:28 PM MS. SULLIVAN ENTERED CAF CAPRI LOCATED AT 355 MAIN STREET. AT 5:30 PM SHE EXITED THE . ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE BARTENDER AND SHE LEFT THE ESTABLISHMENT. f, a Aj~ I DD.RINC6 READING POLICE DEPARTMENT 09/29/08 10;56 v5:5m .PAGE: 3 INVESTIGATIVE ACTION REPORT CASE#; D076607 oxg.case#: NARRATIVE AT 5:35 PM MS. SULLIVAN ENTERED CHILI'S BAR AND GRILL LOCATED AT 70 WALKERS BROOK DRI'V'E. AT 5:37 SHE EXITED THE ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE BARTENDER AM SHE LEFT THE ESTABLISHMENT. AT S:44 PM MS. SULLIVAN ENTERED COLOMSOS PIZZA AND CAF LOCATED A.T'2 GRANDE COURT. AT 5:45 SHE EXITED THE ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE CLERK AND SHE LEFT THE ESTABLISHMENT. AT 5:51 PM MS.. SULLIVAN ENTERED THE MEADOW BROOK GOLF CLUB LOCATED AT 292 GROVE STREET, AT 5:53 SHE EXITED THE ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE BARTENDER AND SHE LEFT'THE ESTABLISHMENT, AT 6:13 PM MS. SULLIVAN ENTERED BERTUCCIS RESTAURANT LOCATED AT 45 WALKERS BROOK DRIVE. AT 6:15 SHE EXITED THE ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE BARTENDER AND SHE LEFT THE ESTABLISHMENT, AT 6:20 PM MS. SULLIVAN ENTERED THE VENETIAN MOON LOCATED AT 680 MAIN STREET. AT 6:23 SHE EXITED THE. ESTABLISHMENT. SHE STATED THAT AN IDENTIFICATION WAS REQUESTED BY THE BARTENDER AND SHE LEFT THE ESTABLISHMENT. MS. SULLIVAN FILLED OUT AN UNDERAGE OPERATIVE ALCOHOL ENFORCEMENT REPORT FOR EACH ESTABLISHMENT.. AT APPROXIMATELY 6:40 PM WE RETURNED TO THE WINE SHOP TO IDENTIFY THE CLERK INVOLVED IN THE EARLIER ILLEGAL SALE. MS. SULLIVAN WAS BROUGHT TO THE ENTRANCE. OF THE SHOP BY SGT. SEGA.LLA. SHE MADE A POSITIVE IDENTIFICATION OF THE. CLERK BY STATING "THAT IS HER WITH THE RED TOP" AND POINTING TO THE CLERK LOCATED BEHIND THE COUNTER. MS. SULLIVAN RETURNED TO OUR VEHICLE WHILE SGT. SEGALLA AND I APPROACHED THE CLERK. WE IDENTIFIED OURSELVES AS POLICE OFFICERS AND ASKED TO TALK TO THE CLERK IN, PRIVATE. WE WERE BROUGHT INTO THE OFFICE. WHERE THE CLERK IDENTIFIED HERSELF AS MS. ROSEMARY LEWIS .(02/10/55) OF 273 FORREST STREET, READING MA. MS. LEWIS WAS MADE AWARE OF THE OPERATION AND. THAT SHE HAD SOLD ALCOHOL TO A MINOR WITHOUT REQUESTING AN IDENTIFICATION. MS, LEWIS STATED THAW SHE REMEMBERED THE GIRL AND THAT IT WAS THE BEGINNING OF HER SHIFT WHEN THE SALE OCCURRED. THERE WAS A VIDEO.SUR.VEILLANCE SYSTEM LOCATED IN THE OFFICE BUT MS. LEWIS DID NOT KNOW HOW.TO OPERATE IT. WE ASKED HER TO INFORM THE OWNER OF THE ESTABLISHMENT THAT THE READING POLICE WERE LOOKING FOR A COPY OF THE TAPE WITH THE NIGHTS ACTIVITY ON IT. BOTH TEAMS REPORTED BACK TO THE POLICE STATION AT 1,15 L' _/J DD.RINC6 READING POLICE DEPARTMENT 09/29/08 10:56 v5.5m PAGE: 4 CASE#: D076607 INVESTIGATIVE ACTION REPORT • org.case#: NARRATIVE APPROXIMATELY 7:15 PM. EACH OPERATIVE WAS GIVEN A BREATH TEST AGAIN AND THE RESULTS WERE 0.0. ALL DEPARTMENT MONEY WAS RETURNED AS WELL AS ALL PERSONAL PROPERTY. THE 12 PACK OF BUDWEISER BOTTLES WAS LOGGED INTO EVIDENCE. September 19, 2008, LIQUOR COMPLIANCE CHECKS CHIEF, LT. DETECTIVE ROBBINS, AND I, ALONG WITH MINOR: MICHAEL MORGAN CONDUCTED ELEVEN LIQUOR COMPLIANCE CHECKS IN THE TOWN OF READING. TEN ESTABLISHMENTS PASSED AND ONE ESTABLISHMENT SOLD MINOR MICHAEL MORGAN A SAM ADAMS OCTOBER- FEST DRAFT BEER. WE MET AT THE READING POLICE STATION AT 1600 FOURS. MICHAEL MORGAN, AGE 20, WAS .BRIEPED IN THIS OPERATION BY JAMES STAPLES. MR. STAPLES IS A CONSULTANT FOR THE POLICE DEPARTMENT AND THE TOWN OF. READING IN ALCOHOL COMPLIANCE CHECKS AND EDUCATION. MTCHARL WAS GIVEN A PORTABLE BREATH TEST AND THE RESULTS WERE .000'. A PHOTO WAS TAKEN OF MICHAEL HERE AT THE STATION. MICHAEL TURNED OVER ALL HIS PERSONAL BELONGINGS TO LT. ROBBINS. HE WAS GIVEN $ 3.00 IN CASH BY LT.' T . ROBBINS. WE STARTED AT 1703 HOURS AT THE ATLANTIC FOOD MART, 30 HAtt'.RN STREET, READING MA. MICHAEL MORGAN ATTEMPTED TO BUY.A 12 PACK OF BUDWEISER BEER. THE CASHIER AT REGISTER SIX ASKED MICHAEL MORGAN FOR HIS IDENTIFICATION. MICHAEL STATED THAT HE DID NOT HAVE ONE AND LEFT THE STORE WITHOUT THE BEER. WE THEN WENT TO SQUARE LIQUORS, 11 HIGH STREET, READING MA. MICHAEL-WENT INTO THE STORE AT 1711 HOURS AND ATTEMPTED TO BUY A 12 PACK OF BUD LIGHT. JIM BURNS WAS WORXTNG THE REGISTER AND CARDED MICHAEL. MICHAEL STATED THAT HE DID NOT HAVE HIS zD WITH HIM AND MR. BURNS DID NOT SELL MICHAEL THE BEER. AT 1734 FOURS, MICHAEL WENT INTO THE MACARONI 9 / ' J DD.RINC6 READING POLICE DEPARTMENT 09/29/08 10:56 v5.5m PACE: 5 INVESTIGATIVE ACTION REPORT CASE#: D076607 org.case#: NARRATIVE GRILL, 48 WALKERS BROOK DRIVE, READING MA. MICHAEL SAT DOWN AT THE BAR AND ORDERED A BEER. HE WAS CARDED IMMEDIATELY AND WHEN HE STATED THAT HE DID NOT HAVE HIS ID, HE WAS DENIED AN ALCOHOLIC BEVERAGE. NEXT, WE WENT TO THE LONGHORN RESTAURANT, 39 WALKERS BROOK DRIVE, READING MA. MICHAEL. ENTERED LONGHORNS AT 1739 HOURS AND TOOK A SEAT AT THE BAR HE WAS ASKED FOR AN ID AND WHEN HE STATED THAT HE DID NOT HAVE ONE, HE WAS DENIED AN ALCOHOLIC BEVERAGE. WE WENT TO THE MANDARIN RESTAURANT, 296 SALEM STREET, READING MA. MICHAEL- WENT IN AT 1751 HOURS AND WAS CARDED IMMEDIATELY'. MICHAEL -STATED THAT HE DID NOT HAVE HIS ID WITH HIM AND WAS. DENIED AN ALCOHOLIC BEVERAGE. THE NEXT RESTAURANT WAS THE EMPEROR'S CHOICE, 530 MAIN STREET, READING MA. MICHAEL ENTERED THE RESTAU'R.ANT AT 1756 HOURS. HE TOOK A SEAT A TABLE AND ORDERED A BUDWEISER, BEER FROM.THE WAITER. WHEN THE WAITER RETURNED, HE ASKED MICHAEL FOR HIS ID. MICHAEL STATED THAT .HE DID. NOT HXV'E IT WITH HIM. THE WAITED DID NOT SERVE HIM THE BEER. MICHAEL EXITED AT 1603 HOURS AT 1807, MICHAEL 'KENT INTO TWIN SEAFOOD II, 591 MAIN STREET, READING MA. HE PLACED AN ORDER FOR SALMON FZSZI AND ASAM ADAMS OCTOBER-FEST DRAFT BEER, THE COUNTER PERSON, JUSTIN RAY, SERVED HIM THE BEER, MICHAEL PAID $9.90 FOR THE BEER AND FISH. MICHAEL THEN STATED TO MR. RAY THAT ON SECOND THOUGHT, HE WAS HIS BIKE AND HE SHOULD NOT DRINK THE BEER. MR. RAY STATED THAT WAS A SMART DECISION. MICHAEL NEVER TOOK A DRINK OF THE BEER. MICHAEL EXITED AT 1812 HOURS. AT 1845 HOURS, LT. ROBBINS, MICHAEL AND I RETURNED TO TWIN SEAFOOD'S AND SPOKE WITH JUSTIN RAY. MICHAEL IDENTIFIED JUSTIN AS THE MAN WHO SOLD HIM THE BEER. JUSTIN STATED THAT HE DID SELL MICHAEL A BEER AND THAT IT WAS A MISTAKE.. JUSTIN STATED THAT AS SOON AS MICHAEL WALKED OUT OF THE. RESTAURANT, HE KNEW HE HAD JUST BEEN STUNG. WE EXPLAINED TO JUSTIN THAT WE WOULD FILE A REPORT WITH'THE BOARD OF SELECTMEN AND TI-12Y WOULD HOLD A HEARING. JUS'T'IN STATED THAT HE UNDERSTOOD IDD.RINC6 READING POLICE DEPARTMENT- 09/29/08 10:56 ,V'5.5m PAGE: 6 INVESTIGATIVE ACTION REPORT CASE#: D076607 org.case#r NARRATIVE AND THAT IT WOULD NEVER HAPPEN AGAIN. AT 1818 HOURS, MICHAEL WENT INTO FUDDRUCKERS 50 WALKERS BROOK DRIVE, READING MA. HE ORDERED A BEER AT THE COUNTER AND WAS ASKED FOR HIS ID. WHEN HE STATED THAT HE DID NOT.HAVE ONE, THE COUNTER PERSON WOULD NOT SELL HIM A BEER.. AT 18:31; MICHAEL ATTEMPTED TO ENTER THE READING O'V'ERSEAS VETERAN'S CLUB. WHEN HE RANG THE. DOORBELL, THE BARTENDER ASKED HIM IF HE WAS A MEMBER AND MICHAEL STATED NO. THE BARTENDER INFORMED HIM THAT THE CLUB WAS FOR MEMBERS ONLY_ AT. 1635 HOURS, MICHAEL ATTEMPTED TO ENTER THE MIGHTS OF COLUMBUS 11 SANBORN STREET, READING MA. HE WAS INFORMED THAT THE CLUB WAS FOR MEMBERS ONLY. AT 1838 HOURS, MICHAEL ATTEMPTED TO ENTER THE AMERICAN LEGION; 37 ASH S'T'REET, READING MA. HE WAS AGAIN- TOLD THE CLUB WAS FOR MEMBERS ONLY. AT APPROXIMATELY 1910 HOURS,.WE RETURNED TO THE READING POLICE STATION'_ MICHAEL TOOK A PORTABLE BREATH 'T'EST AND THE RESULTS WERE .000. A SECOND PHOTON S TAKEN. MICHAEL RETURNED $90.10 TO LT. ROBBINS. MICHAEL WAS GIVEN HIS PERSONAL BELONGINGS BACK Solvability Factors - Eliminated by Investigation; Developed by investigation: Remaining for Investigation; Additional Evidence/Tech Work - Photographs [ ] Composite [ ] Fingerprints [ ] Other [ ] Performed by: gen status: r, coPK &S OCPF Online n www. mass.gov/ocpf Office of Campaign and Political Finance One Ashburton Place, Room 411 ~Boston, MA 02108 Commonwealth of Massachusetts OCPF-IB-92-02 Issued: September 24, 1992 Revised: January 9, 2007 INTERPRETIVE BULLETIN Activities of Public Officials in Support of or Opposition to Ballot Questions This office frequently is asked about the extent to which public officials may act or speak in support of or in opposition to a question submitted to the voters. .In general, officials may undertake various official actions that concern ballot questions relating to matters that are within their areas of authority, such as voicing their opinions, holding or attending meetings and making information available to the public. Officials should not, however, use public resources to engage in a campaign to influence voters concerning a ballot question, for, example by authorizing a publicly funded mass mailing to voters or using city or town resources to support or oppose a ballot question. In Anderson v. Citv of Boston, 376 Mass. 178 (1978), appeal dismissed, 439 U.S. 1069 (1979), the Supreme Judicial Court ruled that public resources may not be used to influence voters concerning a ballot question. In accordance with the Anderson decision, OCPF has consistently advised that governmental entities may not contribute or expend anything of value in support of or opposition to a ballot question, whether it is on the statewide ballot or placed before voters in a single city or town. I See OCPF Interpretive Bulletin I13-91-01 and advisory opinions cited therein for more specific guidance on activities that fall under this prohibition. In addition, public resources may not be used to distribute even admittedly objective information regarding a ballot question unless expressly authorized by state law. See IB-91-01. Anderson, however, does permit public officials to act and speak regarding ballot questions, subject to certain limitations. As the Anderson court noted with apparent approval: 1 Anderson generally does not address or restrict activities of officials concerning town meeting. There may be some limitations, however, in the case of a ballot question that is also the subject of a town meeting, such as a Proposition 2%Z override. See I13-91-01. ~G1 Page 2 At oral argument, the plaintiffs conceded that the mayor and persons in relevant policy-malting positions in government are free to act and sneak out in support [of a ballot question]. Id. at 199 (emphasis added). In short, the decision reflected a recognition that if officials were prohibited from stating their positions regarding a ballot question related to their official responsibility, such a prohibition would unnecessarily (and probably unconstitutionally) restrain such officials from carrying out the duties of their offices. Nevertheless, OCPF always advises caution on the part of officials to avoid the appearance of improperly using public resources to support or oppose a ballot question. In Anderson, the court indicated that the campaign finance law reflects an interest "in assuring the fairness of elections and the appearance of fairness in the electoral process." 376 Mass. at 193. In general, officials should be aware that some of their actions or comments may be viewed unfavorably by those who oppose their positions, even if those actions are. not specifically prohibited by the campaign finance law. On the other hand, members of the public who may question an official's conduct or comments concerning a ballot question should be aware that, as noted by the court in Anderson above, an official has the right to voice his or her opinion on a public policy issue, including a ballot question. Objections to the speech or actions of officials concerning a ballot question are sometimes based not on the law, but on other considerations that are beyond the scope of OCPF's jurisdiction. This bulletin provides more specific guidance regarding the scope of such permissible activities concerning a ballot question, but it cannot be seen as encompassing all situations that might arise. OCPF is aware that ballot questions, especially those concerning Proposition 2 '/2 overrides and debt exclusions, are often contentious issues. Given the limited treatment of this issue in Anderson, and the absence of relevant statutory provisions, questions and issues not addressed or reflected in this bulletin will continue to be raised regarding the extent to which officials may speak or act regarding ballot questions in a manner consistent with Anderson. Those who have questions not addressed here may contact OCPF for advice. 1. Permissible Official Activity by Public Officials In general, a public official may comment regarding a ballot question. In addition, a public official may take certain actions regarding a ballot question, if the actions are consistent with his official responsibilities .2 An official may therefore address an issue or advocate a position regarding a ballot question that may affect the official's agency or which relates to a matter within the scope of his agency's enabling legislation. See AO-02-03. On the other hand, if an official could utilize governmental resources to promote or oppose a ballot question, the fundamental prohibition set forth in Anderson would be meaningless. While voters 2 It is worth noting, however, that elected officials have considerably more leeway than appointed officials. An elected official may speak about a ballot question at any time, even if the ballot question is not within the official's area of responsibility. In contrast, an appointed official may speak regarding a ballot question during work hours only if the question relates to a matter within the scope of the official's area of responsibilities. In addition, an appointed official may not appear at a political committee's campaign function to promote or oppose a ballot question during working hours. The appointed official may attend the event during non-working hours. An elected official, however, may attend such an event at any time. q6, Page 3 have the right to know an official's position, they also have the right to expect that their tax dollars will not be used for political purposes, whether to support the election of a candidate or to gain approval of a question put before voters. Therefore, officials may not use public resources in an attempt to promote or oppose a ballot question, e.g., by placing an advertisement in a newspaper urging a "yes" or "no" vote on the question, or by conducting a mass mailing of flyers urging a yes or no vote on a question or by distributing such a flyer through students at a public school. In addition, the Secretary of the Commonwealth has ruled that a city or town may not distribute printed information to voters regarding the question, unless it has been authorized to do so by the Legislature. (As of this writing, only eight communities have received such authorization through home rule petitions: Burlington, Cambridge, Dedham, Lancaster, Newton, Sudbury, Shrewsbury, and Yarmouth.) In general, officials are prohibited from using any publicly funded publications, including newsletters, to influence voters concerning a ballot question. Such materials may be prepared, but they may not be sent unsolicited to voters. Even with these restrictions, however, public officials may act or speak regarding ballot questions in a number of ways without violating the campaign finance law. Notwithstanding the Anderson restrictions, a public official may: A. Discuss a ballot Question. including at meetings of a governmental entity or at informational meetings of private groups. Officials may discuss a ballot question at any time, including at an official meeting of a governmental body, such as a board of selectmen or school committee, or at informational meetings sponsored by a private group. Although sometimes a person may complain that the statements made by officials at such meetings are inaccurate or inappropriate, the accuracy or appropriateness of officials' statements is not an issue under the campaign finance law. _ B. Take a position on a ballot question. Officials may endorse, or vote as a body to endorse, a ballot question, and may issue statements supporting or opposing a ballot question. However, the distribution of such statements should be restricted to such usual methods as posting on a bulletin board or a press release, not in a manner restricted by Anderson as noted below. The fact that a ballot question is discussed or a vote is taken does not make an official meeting a "political event" and therefore does not trigger an equal access requirement for the use of the meeting room or inclusion on the agenda of the meeting. See AO-95-33 (selectmen may discuss ballot question at meetings, respond to inaccurate or misleading statements and post a statement on town hall bulletin board) and AO-00-19 (selectmen may endorse candidate or ballot question). C. Analvze the impact of a ballot Question. An official may conduct an analysis of a ballot question's impact on agency operations or assign staff to conduct such an analysis, provided the question would affect the official's area of responsibility or agency. For example, a police chief may prepare an analysis of the effect of a Proposition 2''/2 override that would fund his department; if the question concerned the school budget only, however, such a use of police department resources would run counter to Anderson. The results of such analysis would be considered a public document and could be made available to the public upon request, but should not be prepared or distributed in a manner inconsistent with the next section. The y c3 Page 4 official may not conduct a study primarily to aid the proponents or opponents of a ballot question. D. Provide conies of the aeenev's analvsis of and/or position on a ballot question. or other Public documents, to persons requesting copies or to persons attending public meetings of a governmental entity. An official may distribute information containing the official's position on a ballot question or the agency's analysis to persons requesting such information, and may make a reasonable number of copies available to persons attending an official meeting (such as a public forum) of a governmental entity. However, even if the study is a public record, it may not be mailed or distributed, beyond those who attend such a meeting or request such information, to voters or a class of voters at public expense without express statutory authorization. See I13-91-01. A copy may be made available to an individual or group and may be reproduced with private funds and distributed by individuals or political committees, if such distribution is disclosed in accordance with the campaign finance law. Officials should not provide an excessive number of copies to a private group, political committee, or individual, for mailing or any other type of distribution. E. Hold an informational forum. Participate in a forum held by a private group, and distribute a notice of the forum. An official or agency may hold an informational forum concerning a ballot question, or participate in a forum sponsored by a private group. As noted above, the campaign finance law generally does not cover the content of public meetings. If the governmental agency distributes a notice of a forum, however, such a notice may not discuss the substance of the ballot question or contain an argument for or against the question. For example, it may announce the date, time and location of the forum, but it may not contain a discussion of the reasons for supporting or opposing the ballot question. F. Speak to the Press. An official may speak to the press regarding a ballot question that concerns a matter within the official's area of responsibilities. An official may also respond to or direct staff to respond to questions from the press or the public about the official's position on such a ballot question. See AO-92-32. Officials should contact OCPF before a press release is prepared or distributed using public resources. G. Post information on a .government bulletin board or Web site. Information or endorsements by governmental entities or other information regarding a ballot question that are public records maybe posted on a town's Web site or bulletin board. See AO-00-12. Further use of the governmental web site or the Internet for a more political purpose, such as unsolicited e-mails to voters asking for their support, should be avoided. H. Allow Private groups to use a Public building for a meeting concerning a ballot auestion. In Anderson the court stated that the political use of certain government resources, such as facilities paid for by public funds "would be improper, unless each side were given equal representation and access." Accordingly, ballot question committees, or other groups that support or oppose a ballot question, may use areas within public buildings that are accessible to the public (i.e., not private offices) for meetings if each side is given equal access. See AO-90-02. "Equal access" does not mean that the other side must be invited to attend a meeting. It means that both sides may, upon request, use the same space for separate meetings on the same terms and conditions. It is important to remember, however, that fundraising relating to the ballot question may not take place at such a meeting. See M.G.L. c. 55, § 14 qcq Page 5 (prohibiting any demand, solicitation or receipt of money or other things of value for any political campaign purpose in any building or part thereof "occupied for state, county or municipal purposes"). 1. Appear on cable television: The fact that an official may, as described above, discuss or take a position on a ballot question is not altered if such an action is broadcast on local access cable television. In addition to speaking at public meetings that may be broadcast, an official may appear on a local cable or broadcast television or radio show, during work hours if applicable, to discuss a ballot question that relates to a matter within the scope of the official's area of responsibilities. During the course of the official's appearance on the show, the official may state that he or she supports or opposes the ballot question. See AO-02-03. Questions concerning content of cable television programming and the use of cable television by municipalities should be directed to Cable Television Division of the state Department of Telecommunications and Energy at (617) 305-3580 or (888) MA CBL TV (888-622-2588)). II. Private activity by officials The examples listed above concern an official's actions while using some type of public resource, i.e., staff time or material, to promote or oppose or otherwise influence a ballot question. The Anderson opinion applies to the use of such public resources, but does not extend to the use of privately-funded resources. A person's status as a public official does not preclude him or her from engaging in political activity when not at work, including activity supporting or opposing a ballot question. The campaign finance law does not prohibit officials from acting or speaking in favor of or in opposition to a ballot question on an individual basis on their own time. It is important to keep in mind, however, that appointed, paid public employees may not, be involved at any time in fundraising to support or oppose a ballot question. See M.G.L. c. 55, § 13, which state that public employees may not "directly or indirectly solicit or receive" any contributions of anything of value for any political purpose. For more information regarding restrictions on fundraising, see OCPF's Campaign Finance Guide: Public Employees, Public Resources and Political Activity. Specifically, public officials may, on their own time: A. Serve on a ballot auestion committee or perform services for such a committee. An official may, on his or her own behalf, perform services or serve as a member of a political committee, or hold any committee position, aside from treasurer or any other position that involves fundraising (if the official is appointed as opposed to elected, as noted above). In addition, as discussed below, some activities of public officials acting or speaking in favor of or opposition to ballot questions may raise issues relating to the conflict of interest law, M.G.L. c. 268A, which is enforced by the State Ethics Commission. B. Contribute to a ballot auestion committee or make expenditures to support or oppose a ballot auestion. An official may use his or her own personal funds to contribute to a ballot question committee or otherwise to support or oppose a ballot question. There is no monetary limit to such contributions or expenditures. Page 6 III. Conflict of Interest Issues Some activities of public officials- acting or speaking in favor of or opposition to ballot questions may raise issues relating to the conflict of interest law, M.G.L. c. 268A, which is enforced by the State Ethics Commission. The Ethics Commission has stated that a municipal official may be a member of a ballot question committee and may speak in favor of or in opposition to a ballot question. The Commission has advised, however, that such an official may not speak "on behalf of and/or as the representative of " a ballot question committee before a municipal board or in a forum sponsored by a municipality. In addition, an official should publicly disclose any relationship "that gives the reasonable basis for the impression that any person or entity can improperly influence" the official in the performance of his duties. See Commission Advisory No. 4 and Conflict of Interest Opinion EC-COI-92-5. If you have questions regarding c. 268A, contact the State Ethics Commission at (617) 727-0060. . This bulletin provides general guidance. To ensure compliance with the campaign finance law, OCPF strongly encourages officials to contact this office if they are in doubt regarding the scope of permissible involvement in ballot question campaigns. If you have any questions or need further information regarding this interpretive bulletin or any other campaign finance matter, please call OCPF at (800) 462-OCPF or (617) 727-8352. The office's web site, www.mass.gov/ocpf, provides additional guidance on this and other campaign finance topics. Michael J. Sullivan Director iq C( LEGAL NOTICE TOWN.OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town ()-f. Reading will hold a public -,..hearing on Tuesday, October 21, 2008 at 9:30 :p.m. in the' .,$electmen's Meeting Room, 161 Lowell Street, Reading, Massachusetts on' Traffic Rules designating spaces in the: Bgrande 'Court Municipal parking '.,Lot for overnight parking. A copy of the document is available. in the Town tVlariager's Office, 16 Lowell Street, Reading, MA from: 830 . a.m. .-.5:00 p.m., M-F and is attached to the' hearing notice on. the website at www.reading Q ,ma.gov. All interested parties may ` .appear in person, may submit .their comments in writing, or by. aemail to town manaa_er@ci.read~. 4• Ina.ma.us. By order of Peter I. Hechenbleikner Town.Manager .10/14 A 5.9 No All-Night Parking It shall be unlawful for the driver of any vehicle other than one acting in an emergency to park said vehicle on any street or in any municipally owned parking lot between the hours of 1:00 a.m. and 6:00 a.m. With a valid current year's Community Access Sticker, vehicles may be parked overnight in the following parking lots under the terms specified: ♦ Parker Street parking lot: From 5:00 p.m. until 8:00 a.m., Monday through Friday, all day on Saturday and Sunday. ♦ Hamden Yard parking lot: From 10:00 p.m. until 8:00 a.m., Monday through . Sunday. ♦ Brande Court Parking Lot - 8 parking spaces on the northerly fence line From 10:00 p.m. until 8:00 a.m., Monday through Sunday. During a snow emergency declared by the Town Manager or his designee, no parking will be pennitted in "Binployee/Merchant" spaces from 7:00 a.m. to 10:00 a.m. n~ t y A a~ W i~ '00 . -.0 o CL M > N ~ , . G. 00 MM~ ~s~aYY4 V r ,16 l ,d7°y ~Y`Onna~ t 'M1 1 um~9Y a~ n*c {Y,o v,, ~ nn,nvihYVmn~' .,a.,....... O O N ti t11 m ~O ZZ R o ~a ~J a wY oa ui Oz O~ CL N.:~POA V if LL Q Jf i•• ap,>.„~~a~yt ate'` "'{U n AF a k ' ~ItuY/;~Y a~Y~aY{L.7 ~ ~ U n O ° i P +xN I I ' OG +y~l-.aY., Om - t{ hd t ' ~qF 1 .n. ~tl ~ =•n, ,l~ o f . n ~t 1 a lilt I s, +p t ~I ,1 tar a -..Jr q~-u....," Pk 7-,~ i iss w V~ W Q 2' Z ti 1a W a : u ."m Q co i ly •I t(,gpiLrlg i nv16v. nv ~ n { MJi a ■lY..YVaa._ ~ _ _.{r _ ~ '1~ e l 1'F• to s 'vti a.nni . i ' a 1 I R ' g l COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Peter Sanborn Place, 50 Bay State Road Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Wood End School, 85 Sunset Rock Lane The date of posting being not less than fourteen (14) days prior to November 10, 2008, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Thomas H. Freeman, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk 1 ~ C 7,k SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, November 10, 2008, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen Background: The following reports are expected to be given under this Article: • RMLD Annual Report • State of the Schools • Follow up on Instructional Motion re: Roads To the extent possible, the reports are included in the back of this report so that only a summary report will be given verbally at Town Meeting. Finance Committee Reoort: No report. Bvlaw Committee Report: No report. ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: There are no known Instructional Motions at this time. As a general rule, Instructional Motions are reserved for the last evening of Town Meeting, and the Moderator requests that any Town Meeting Member who intends to offer an Instructional Motion let him know at least one session in advance so that he can let Town Meeting Members know that in advance. 2 ~2 Lf Finance Committee Report: No report. Bvlaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2009 - FY 2018 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen Backaround: The following amendments are proposed to the FY 2009 - FY 2018 and FY 2019 Capital Improvements Program (CIP). These amendments need to be included in the CIP in order for Town Meeting to consider funding them under the various Articles at Town Meeting. The full revised CIP is included in the blue pages in the back of this report. The following are proposed modifications to the CIP approved at the Annual Town Meeting: C1 to C99 - All FY 2019 items are new to the CIP. C2 - School Buildina Imorovements: Various school buildinas: Cost estimate changes FY10-FY19; Barrows: $10,000 for roofing FY09; $15,000 for security system in FY09; $10,000 for sidewalk improvements FY09; Birch Meadow: $10,000 for electrical systems in FY10; $15,000 for security system in FY10 (moved from FY11); Joshua Eaton: $25,000 for HVAC/Energy Mgmt. in FY10; $30,000 for technology infrastructure in FY09; Killam: $700,000 for roofing in FY18 (moved from FY12-13); $15,000 for security systems in FY10; Wood End: $18,000 for HVAC/Energy Mgmt. in FY10 (moved from FY09); $10,000 for roofing in FY09; $10,000 for electrical systems in FY10; Coolidae: $10,000 for classroom furniture in FY09; $20,000 for HVAC/Energy Mgmt. in FY10 (moved from FY09); Parker: $10,000 for 40 new lockers in FY09; $15,000 for security systems in FY11 (moved from FY10); C3 - Town Buildina Improvements: Various Town buildinas: Cost estimate changes FY10-FY19; Senior Center: $30,000 for kitchen improvements (moved from FY12); $10,000 for roofing in FY09; Librarv: $10,000 for carpet/flooring in FY09; $65,000 for roofing in FY11; DPW Garaae: $20,000 for HVAC/Energy Mgmt. in FY09; $15,000 for roofing in FY09 and $85,000 for roofing in FY11; $50,000 for garage expansion design in FY10; $300,000 for garage expansion construction in FY11; C6 - Librarv Improvements: $100,000 for circulation system in FY11 (increased cost and moved from FY10). C7 - Public Safety/Fire Imorovements: $500,000 for pumper engine in FY09 (increased cost and moved up one year); Various cost estimate changes for several pieces of equipment in FY10-FY19; L'", t3 C9 - Public Works - Equipment: $35,000 for Pickup #11 in FY09 (moved from FY11); $35,000 for Chevy #9 Parks in FY09 (moved from FY11); Moved from FY09 to FY10: Car #3; to FY11 Pickup #2 Parks and Pickup #7; $20,000 48" LeafVac in FY11; $30,000 Truck Mount 500gal Sprayer in FY13; Various cost estimate changes for several pieces of equipment in FY10-FY19; C10 - Public Works - Parks (Plavgrounds): Extensive re-arrangement of project schedules and estimated costs; $250,000 for Coolidge field improvements in FY12; $601,000 for various Birch Meadow Complex improvements in FY10-FY19; C11 - Roadwav Improvements: $20,000 in FY09 for crack seal patching; $20,000 annually from FY09 - FY19 for skim-coating; Increased local funding to road improvements. Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 to recommend approval of this Article. This Article places items into the Capital Plan for further discussion in the budget process. It does not appropriate any funds. Bvlaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 11 of the April 28, 2008 Annual Town Meeting relating to the Fiscal Year 2009 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from. available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee Background: The following FY 2009 Budget transfers are proposed for consideration at the 2008 Subsequent Town Meeting: General Fund - Wages and Expenses First is Block A (shown below) of expense and revenue changes that will bring the Town's FY 2009 Budget into compliance with a recent 2008 ruling from the Massachusetts Department of Revenue. There is no direct budget impact: Account Line Description - Block A M1 Accounting - Wages • Water $9,226 • Sewer $8,642 • RMLD $8,986 M2 Accounting - Expenses • Water $95 • Sewer $88 Decrease Increase $26,854 $ 276 t,- .CJq • RMLD $93 N15 Finance (FINCOM, Human Res., Technology, General) - Wages • Water $58,243 • Sewer $54,563 • RMLD $67,807 N16 Finance (FINCOM, Human Res., Technology, General) - Expenses • Water $39,766 • Sewer $37,255 • RMLD $28,620 Q6 Town Manager's Office -Wages • Water $13,886 • Sewer $13,010 • RMLD -None S19 Public Works (Admin., Engineering, Highway) - Wages • Water $203,638 • Sewer $108,535 S20 Public Works (Admin, Engineering, Highway) - Expenses • Water $22,771 • Sewer $12,558 Subtotals • Wages $546,536 • Expenses $141,246 Revenue - Net from Operating Transfers and Available Funds: • Water EF $347,625 • Sewer EF $234,651 • RMLD $105,506 $180,613 $105,641 $ 26,896 $312,173 $.35,329 $687,782 $687,782 Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 to recommend approval of Block A of this Article. No additional funds are spent or moved within the budget. This will bring the Town's budget into compliance with a recent accounting change from the Massachusetts Department of Revenue. Next is Block B (shown below) of changes to both expenses and revenues that are a result of new information and requests. Account Line Description - Block B Decrease Increase B99 Benefits $ 50,000 • Health Insurance - Benefit changes ($70,500) • Technician $15,600 • DPW Director overlap $4,900 4es N15 Finance Salaries - Technology $ 44,475 • Technician N16 Finance Expenses - H.R. $ 8,500 • Professional Development S19 Public Works Salaries $ 31,400 • DPW Director overlap T8 Public Safety Expenses $ 9,000 • Police Academy (reimbursed by new Officers into the general fund) Pay and Class Study Results $ 70,000 M1 • Accounting $ N15 • Finance $ P1 • Library $ Q6 • Town Mgr's Office $ R14 • Community Services $ S19 • Public Works $ T7 • Public Safety $ Subtotals I $ 58,500 $ 154,875 Net Amount ) I $ 96,375 Revenue Tax Levy (New Growth) $ 71,750 • Water Reserve Fund $ 15,975- 0 Sewer Reserve Fund $ 8,650 Finance Committee Resort: At their meeting on October 15, 2008, the Finance Committee voted to recommend approval as follows on the various line items in Block B: • B99 voted 7-0-0 to reduce Health Insurance; The Finance Committee supports making this excess revenue available for other needs. • N15 voted 6-1-0 to add Technician; The Department Heads made a strong case for the need for this position to improve efficiency in all departments. The implementation of technology has created a demand for technology assistance beyond the capacity of current staff to deal with it adequately. The minority vote felt that this is an inappropriate time to add staff. • N16 voted 7-0-0 to reduce H.R. expenses; The Finance Committee supports making this excess revenue available for other needs. • S19 voted 6-1 to fund overlap for DPW Administrator; The Finance Committee believes this is a prudent move to provide assimilation of institutional knowledge by a new Department Head. The minority vote felt that the current economic climate makes this an unaffordable luxury. • T8 voted 7-0-0 to fund Police Academy expenses; The Finance Committee supports this item as a revenue neutral housekeeping move. `4 t(p 6 M1 through T7 voted 6-1 to fund initial step towards Pay and Class study results; The Finance Committee felt that the verbal report of the results of the study and management indication of a need to increase grades to promote employee retention was sufficient to justify beginning to implement improvements in the pay grades since it is a modest beginning that represents approximately 20% of what would actually be needed. The details of the report had not been released at the time of the vote. The minority vote felt that a mid-year adjustment at a time of unclear financial future is not justified. Next is Block C (shown below) of changes to both expenses and revenues in capital and debt as a result of an April 2008 debt refinancing and other changes. Staff identified $1,029,200 in capital requests to be funded at November Town Meeting. Below are only the highest priority items. General Fund - Capital and Debt Account Line Description - Block C Decrease Increase C2 School Building Improvements $90,000 • Barrows gutter work $10k • Barrows sidewalks $10k • Birch Meadow security sys. $15k • Eaton infrastructure $30k • Wood End roofing $10k • Wood End security system $15k C3 Town Building Improvements $95,000 • WS Fire windows $40k • Senior Center roofing $10k • Library windows $30k • DPW Garage roofing $15k C9 Public Works - Equipment $140,000 • Front end loader #928F $140k C11 Public Works - Roadway Improvements $ 40,000 • Skim coating $20k • Crack seal/patch $20k D99 Debt Service • Refinanced previous debt for $1,083,823 Parker, Joshua Eaton and Birch Meadow schools and received lump sum payments from the MSBA Subtotals $1,083,823 I $365,000 Net Amount $ 718,823 q tO Revenue • Tax Levy (New Growth) $ 88,250 • Intergovernmental Revenues $ 933,823 (reduction in annual MSBA payments in exchange for lump sum) • Free Cash $126,750 Finance Committee Report: At their meetings on October 9th and October 15th, 2008, the Finance Committee voted to recommend approval as follows on the various line items in Block C: • C2 voted 7-0-0 to fund School Building Improvements (after removing $10,000); The Finance Committee is committed to maintaining an appropriate level of Capital spending but felt that given the current uncertain financial picture, some items should be deferred. In approving this item, a reduction was made to the total request. • C3 voted 7-0-0 to fund Town Building Improvements (after removing $50,000); The Finance Committee approved this group of items after reducing the total initially requested. • C9 voted 6-1-0 to fund Public Works Equipment; The Finance Committee approved this purchase based on the staff insistence that this piece of equipment would seriously inhibit the capability of DPW especially during snow removal. The minority vote felt additional service could be achieved by the current equipment. • C11 voted 6-1-0 to fund Public Works Roadway Improvements; The Finance Committee feels additional effort is required to maintain roadway improvement, and this is a modest addition to the current level of effort. The minority vote felt that the current financial situation requires restraint on new spending until the impact of the down economy becomes clearer. • D99 voted 5-0-0 to reduce the debt service payments; The Finance Committee voted to reduce the debt service payments as recommended by the Finance Director. Bylaw Committee Report: No report. Enterprise Funds Account Line Description - Block D Decrease Increase W5 Water Fund $ 5,000 • Wages (Pay and Class) $5,000 X5 Sewer Fund Debt Service $ 80,000 • Wages (Pay and Class) $5,000 • Pay share of technology project previously shown as five-year debt $75,000 +e' Y5 Storm Water Fund I I $ 0 Subtotals $ 85,000 Net from: • Water Reserves (for W5) $ 5,000 • Sewer Reserves (for X5) $ 20,000 • Storm Water Reserves (for Y5) $ 0 Finance Committee Resort: At their meeting on October 15, 2008, the Finance Committee voted 7-0-0 to recommend approval of Block D. Bvlaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year 2009 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Background: No action needed. Finance Committee Report: No report. Bvlaw Committee Resort: No report. Board of Selectmen ARTICLE 6 To see if the Town will vote to establish a stabilization fund, or take any other action with respect thereto. Board of Selectmen Background: The Town received $350,000 from the State for the 40R Gateway Development. If that project does not move forward to construction, the Town could owe those funds back to the State. Those funds have increased our Free Cash position. This Article proposes to establish a separate Stabilization Fund for those funds so that they will be separate and identifiable. At such time as the Gateway Development project moves into construction, additional funds of approximately $600,000 will also be paid by the State. Those funds will be added to this Stabilization Fund, and can then be appropriated by Town Meeting for any lawful purpose - preferably for Capital expenditures. Free Cash Stabilization Funds Balance at June 30, 2008 $5,267,080 $1,453,988 Additional Stabilization Fund ($350,000) $ 350,000 Balance (not including Article 4) $4,917,080 $1,803,988 A Stabilization Fund is basically a Town savings account. By appropriating money into the proposed Stabilization Fund, the Town reserves money from which Town Meeting can appropriate at a future date. Stabilization Funds are viewed favorably by rating agencies. Favorable rating agency reviews can result in lower interest rates on future borrowings. q QR Funding the Stabilization Fund takes a 2/3 vote of Town Meeting, and appropriating money from the Stabilization Fund also takes a 2/3 vote. Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 recommend approval of this Article. After discussion of the wisdom of having multiple stabilization fund accounts, management staff convinced FINCOM that this was a practical approach to managing these funds Bvlaw Committee Report: No report. ARTICLE 7 To see if the Town will vote to transfer the sum of $42,868, which was previously appropriated and raised by borrowing under Article 10 of the Warrant at the November 14, 2005 Town Meeting, and which sum is no longer needed to complete the project for which it was initially borrowed, to pay additional costs of entrance fees, costs of connection, demolition of the existing Water Treatment Plant and other modifications to the water distribution system, and other expenses for the same, as permitted by the provisions of Chapter 44, Section 20 of the General Laws, or take any other action with respect thereto. Board of Selectmen Backaround: Article 10 of the Warrant at the November 14, 2005 Town Meeting authorized debt in the amount of $2.0 million for various water main projects. A total of $600,000 of debt was issued - and a partial list of the projects identified was completed, including High Street (Woburn Street - Lowell Street) and Auburn Street - Bancroft Avenue. Subsequent large water main work was deferred once Town Meeting voted on water sourcing in order to first pay the entry fees into the MWRA. As a result, the June 2008 Town Meeting voted to rescind the remaining $1.4 million of previously authorized debt, since the large water main projects are not scheduled to begin for several years. Today, there is a surplus of $42,869 in unexpended bond proceeds from the original $600,000. A vote of Town Meeting is required to move this surplus to additional costs of entrance fees, costs of connection, demolition of the existing Water Treatment Plant and other modifications to the water distribution system as described above. Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 to recommend approval of this Article: FINCOM determined that returning the excess. project funds is the appropriate action. Bvlaw Committee Report: No report. ARTICLE 8 To see if the Town. will vote to establish a revolving fund under Massachusetts General Laws Chapter 44, Section 53E'/2 to be known as the "Suburban Mobility Revolving Fund", which shall be accounted for separately from all other monies of the Town, and to which are to be deposited fees, charges, gifts and donations received from operation of transportation services created in part from the Suburban Mobility Grant, said expenditures to be administered by the Town Manager without further appropriation, and to specify as follows: 1. The revolving fund shall be expended only for the purpose of Suburban Mobility; 10 q,&l D 2. Only fees, charges, gifts and donations received from operation of transportation services shall be deposited in such account; 3. The Town Manager shall be the only person authorized to expend such fund; and 4. The amounts to be expended for Fiscal FY09 shall not exceed $50,000. or take any other action with respect thereto. Board of Selectmen Background: The Town of Reading is the recipient of a "Suburban Mobility" grant from the State. This three year grant will enable the Town of Reading to operate a van service with the a.m. and p.m, peak service providing shuttle service on a fixed route to the Depot in Reading, and mid-day weekday trips available throughout the community. Because the grant spans three years, and the Town is interested in securing other grant funds and donations in order to smooth the cost to the Town over the three years and allow fares to be expended to offset costs of the service, a revolving fund is needed for this purpose. This revolving fund will be renewed annually. Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 to recommend approval of this Article. The Committee supports segregating the Suburban Mobility funding in a separate revolving fund for the grant and any future revenues collected, consistent with the segregation of funds for other areas. This approach will protect the balance of free cash in the event that all or a portion of the initial grant needs to be refunded to the State. Bviaw Committee Report: No report. ARTICLE 9 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of making energy and similar improvements to Town owned buildings, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Superintendent of Schools and the Town Manager; and to see if the Town will authorize the School Committee, Board of Selectmen, Superintendent of Schools, Town Manager, or any other agency of the Town, to apply for a grant or grants to be used to defray the cost of all or any part of said energy and similar improvements; and to authorize the Superintendent of Schools and/or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. School Committee Backaround: Mary DeLai background info Finance Committee Report: At their meeting on October 1, 2008, the Finance Committee voted 7-0-0 to recommend approval of this Article - with the condition that the amount authorized by this motion not exceed $120,000. The Committee was particularly supportive of the Performance based contract in that it allows the Town to undertake a series of energy savings projects in a far shorter time and at much lower costs than if the projects were bid separately. It would shift costly items out of the capital plan freeing dollars for other capital projects. The Committee was also supportive of the positive environmental impacts as well as the fact that the vendor would be a long term partner. 11 yell The Finance Committee urged the School Committee to use every possible resource, including outside professionals, to assist in negotiating the contract with vendor since the long term benefit to the Town will be largely determined by the energy savings assumptions negotiated in the upfront contract. To minimize risk, FINCOM also suggested the School Committee consider a blend of financing options for the project, and not just rely on energy savings. Bvlaw Committee Report: No report. School Committee Report: ARTICLE 10 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of constructing road Improvements, including the costs of consulting services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said road improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen Backaround: In FY09, the Town allocated approximately $339,000 to road repair - an amount first promised under the last operating override, and subsequently increased by 2.5% each year. In addition, the Town has recently received approximately $450,000 in Chapter 90 funds to be 'used for road repair. These amounts have also been supplemented by grants for large projects - such as Summer Avenue and the Downtown Improvement Project. This Article would allow the Town to borrow an amount which would be equivalent to the planned next five years of local road repair funding, and to do $1.5 million in road repairs in calendar year 2009. In addition, the Town would have the annual Chapter 90 funds to spend in calendar year 2009. In the four subsequent years, the Town would spend only the Chapter 90 funds (unless additional capital becomes available). Town Funds State Chapter 90 Funds Total 2009 $1,500,000 $450,000 $1,950,000 2010 ( 0 $450,000 $450,000 2011 0 ( $450,000 $450,000 2012 0 $450,000, ( $450,000 2013 0 $450,000 $450,000 Total $1,500,000 $2,250,000 $3,750,000 Z 12 qei There are two main reasons to seek debt authorization to fund road repairs in this fashion. The first is to make immediate improvements to the condition of some roads in the Town instead of waiting for four more years of deterioration. The second is because typically the cost of selling municipal debt is expected to be less than the inflation rate of the cost of road repairs. Approval of this Article will allow the Department of Public Works and the Finance Department to work together closely on this project with the $1.5 million in debt as one option. Due to the volatile nature of the cost of road repairs and the ability to sell debt, there remains a possibility that this option may not be deemed to be in the best interest of the Town of Reading even if this Article is approved. George Zambouras- road conditions index info Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 1-3-1, therefore not recommending approval of this Article. This Article would allow the Town to finance road improvements planned for five years in a single year, providing improvement in road conditions immediately without expenditure of additional funds over that period. The approval of the Article would provide the Town with flexibility to move forward with these road improvements when the credit markets were available and asphalt prices reached an appropriate level. The key issue in favor and against the Article is the same - the commitment of funds to roads and the flexibility within the budget to accommodate that funding level in a time of financial uncertainty. In favor of the Article is the fact that passage will ensure that the Town portion of roadway improvements will be protected from potential cuts down the road, addressing a major concern expressed by Town Meeting last Spring. On the opposite side, locking in this funding commitment will impact our flexibility in managing the total Town expenses, particularly in the face of State funding cuts. Bvlaw Committee Report: No report. ARTICLE 11 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of purchasing a fire engine, including the costs of consulting services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said fire engine; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen Background: The Fire Department is in need of a replacement fire engine. Our current fire apparatus replacement schedule is based upon recommendations from the National Fire Protection Association (NFPA). The NFPA recommends a fire engine be in front line service for 10 years and then be assigned to reserve service for an additional 10 years. 13 ''i Our oldest reserve engine is a 1986 Mack which is 22 years old and two years beyond its service life. Within the last 18 months, the Department of Public works has spent over $14,000 in repairs to the front end, suspension system and radiator. The amount we have spent on the repairs in all likelihood exceeds the value of the fire engine. The projected replacement cost for a new pumping engine is projected to be $525,000. Within the last year, we have seen significant increases in the cost of fire apparatus. The cost increases have been driven by the high costs of steel and oil. Additionally, beginning in 2007, Federal regulations required all diesel motors to meet new emission standards. To meet the new emission standards required a redesign of the motors, apparatus cabs and cooling systems. An additional significant price increase will occur in January of 2009 when a revised NFPA standard becomes effective. All fire trucks are manufactured to meet NFPA 1901, Standard for Automotive Fire Apparatus. The revised standard will require the installation of a vehicle data recorder, systems to address rollover stability, tire pressure monitoring and other changes. These changes are projected to increase the vehicle cost by an additional $15,000 to $20,000 over the usual price increases. Finance Committee Report: At their meeting on October 9, 2008, the Finance Committee voted 5-0-0 to recommend approval of this Article. FINCOM is convinced that despite the additional cost, proceeding with this acquisition is important to the public safety mission. Bvlaw Committee Report: No report. ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, eminent domain, gift or otherwise, any one or all of the following parcels of land: • 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 1 B on Board of Assessors' Map 247 currently believed to be owned by Hazel V. Malcom et al. Trust • containing approximately .4821 acres located on Main Street shown as Lot 5 on Board of Assessors' Map 245 currently believed to be owned by Burton H. Curley and John Curley, • containing approximately 1.9 acres located on 67 Sanborn Lane shown as Lot 4 on Board of Assessors' Map 235 currently believed to be owned by William Quigley Trust, said land to be used for open space and conservation purposes in accordance with the provisions of Mass. General Laws Chapter 40, Section 8C, to be under the care, management and control of the Town of Reading Conservation Commission and further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97; and to see if the Town will vote to appropriate by borrowing, or transfer from available funds or 14 q 4b otherwise, a sum of money; and to authorize the Town Manager to enter into any and all agreements and contracts upon terms and conditions as may be determined to be necessary to carry out the acquisition of such parcel and the purposes of this Article; and to see if the Town will authorize the Board of Selectmen, Town Manager and/or the Conservation Commission to apply for a grant or grants, including but not limited to a Self-Help Grant under MGL, Chapter 132A, Section 11, to be used to defray the cost of all, or any part of the purchase price for such parcel(s) of land, or take any other action with respect thereto. Board of Selectmen Background: NORTH READING 4V N -A 0 100200 A I r \ 235-4 f::•'.:::::::::. 2 P MARION FAIRBANKS MARSH (Reading Open Land Trust) 1 247-1 B 0} 24 7-1 MATTERA ai tPQ B:ARE;MEAD•O;W : ti ~ tl 1 Finance Committee Report: At their meeting on October 15, 2008, the Finance Committee voted 3-4-0, thereby not recommending this Article. FINCOM recognizes the important opportunity the acquisition of this property presents for preserving open space and adding to the recreation opportunities for the community. However, on a close vote, a majority concluded that due to the unfortunate timing of this occurring during the current economic climate, they could not recommend the investment at this time. Bvlaw Committee Report: No report. ARTICLE 13 To see if the Town will vote to accept the provisions of M.G.L. Chapter 59, Section 5, Clause 54, authorizing the establishment of a minimum value for personal property subject to taxation, or take any other action with respect thereto. Board of Assessors Background: Acceptance of this statute will allow the Town of Reading Board of Assessors to waive the process of assessing, billing and collecting personal property 15 L" & 1!~ taxes on personal property assessed at $2,000 or less. The following analysis indicates that the cost of collecting these taxes may exceed the amount of tax revenue collected: FY 2008. Statistics: 364 accounts with value Total value Average value Taxes assessed Average taxes s over $2,000 each $22,063,670 $60,614 $278,002.24 $764 235 accounts with values $2,000 or less Total value $224,630 Average value $956 Taxes assessed $2,830.34 Average taxes $12.04 Cost to collect is about $44 per account according to the Board of Assessors. This is based upon the FY07 expenditure of $26,086 to outsource personal property recollections, divided by 599 personal property accounts, and assuming this is done every three years: ➢ The cost of collecting 235 accounts is therefore $3,411 annually ➢ The revenue generated from these collections is $2,830 Finance Committee Report: At their meeting on October 15, 2008, the Finance Committee voted 7-0-0 to recommend approval of this Article. FINCOM was convinced by the analysis presented that this action will result in a net savings to the Town. Bvlaw Committee Report: Board of Assessors Report: On June 3, 2008, the Board of Assessors voted to recommend this Article by a vote of 2-0-0. ARTICLE 14 To see if the Town will vote to accept the report of the Board of Selectmen upon the laying out as a public way the following described private way under the provision of law authorizing the assessment of betterments, such ways being laid out in accordance with plans duly approved by the Board of Selectmen; and to authorize the Board of Selectmen to take such ways under the provision of. law authorizing the assessment of betterments, in fee or rights of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights of easement therein by purchase, gift or otherwise and to assess betterments therefore, the plans and descriptions for such way being filed in the Office of the Town Clerk in accordance with the statutory requirements; and to see what sum the Town will vote to appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the acquisition of said lands or easements therein or for payment of any eminent domain damages and for the construction of said ways, or take any other action with respect thereto. Baldwin Lane Extension Board of Selectmen Backaround: The construction of Baldwin Lane Extension has been completed in accordance with the subdivision rules and regulations and decision of the CPDC. The 16 L .el L Selectmen held a public hearing on the laying out of and acceptance of the roadway on July 29, 2008. Notice of the hearing was sent by registered mail to all affected abutters on July 17, 2008. The Board of Selectmen has decided not to include in the Warrant of this Town Meeting, Articles to abandon the right of way and to convey it to the abutters because this action would make one of the two abutting lots non-conforming. Finance Committee Report: At their meeting on October 15, 2008, the Finance Committee voted 7-0-0 to recommend approval of this Article. This has virtually no impact on town finances. Bvlaw Committee Report: No report. ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen abandon certain rights and easements located on land of Peter Sanborn Place on Bay State Road which easements are shown on a plan entitled: "Easement Plan of Land, 50 Baystate Road, Reading, MA," dated 8-12-08; and to authorize the Board of Selectmen to accept said replacement water easements upon such terms and conditions as the Board of Selectmen shall consider proper, or-take any other action with respect thereto. Board of Selectmen Background: The purpose for this Article is to relocate the existing water main and accompanying water easement to a new location within the property. The relocation will enable construction of the proposed building expansion which is not possible under the present location of the water main. The construction will be done by the property owner. This Article will authorize the Board of Selectmen to abandon the existing easement and to take a new easement per the plan that follows. . °j i »^ar . ~ Y I O V= T_ `1~ 17 ag I C3 g ~ x U 5~ ~r v m w Finance Committee Report: No report. Bvlaw Committee Report: No report. ARTICLE 16 To see if the Town will vote to accept the report of the Board of Selectman upon the laying out as a public way the private property at the cul-de-sac of Fairchild Drive identified as "Temporary Easement for cul-de-sac" on the Fairchild Drive subdivision plan, under the provision of law authorizing the assessment of betterments, such highway being laid out in accordance with plans duly approved by the Board of Selectmen and filed in the office of the Town Clerk in accordance with the statutory requirements; and that the Town authorize the Board of Selectmen to take such land in fee or rights of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights of easement therein by purchase, gift or otherwise and to assess betterments therefore; and to see if the Town will vote to accept the public way laid out by the Board of Selectmen; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the acquisition of said lands or easements therein or for payment of any eminent domain damages and for the construction. of said ways, or take any other action with respect thereto. Board of Selectmen Backaround: During the subdivision approval of Fairchild Drive, it was anticipated that the roadway may be extended further and the roadway ended with a uniform 50 foot wide right of way layout having a cul-de-sac within temporary easements rather than part of the roadway layout. The roadway is constructed with a full cul-de-sac partially within these temporary easements. As it is no longer possible to extend the roadway beyond its present limits and with the anticipated development of the remaining undeveloped parcel as a single family dwelling, the purpose of the Article would be to discontinue and transfer a portion of the roadway layout beyond the constructed cul-de-sac to the abutting property owner, and to accept a portion of the temporary easement to become a portion of the permanent roadway layout. Finance Committee Report: At their meeting on October 15, 2008, the Finance Committee voted 7-0-0 to recommend approval of this Article. This has virtually no impact on town finances. Bvlaw Committee Report: No report. ARTICLE 17 To see if the Town will vote to amend Article 5 of the Subsequent Town Meeting held November 13, 2001 (the vote establishing the Veterans' Memorial Fund) by deleting the word "deceased" so that the sentence will read "events to honor and commemorate Reading veterans and veterans interred in Reading cemeteries," and to further amend by adding the words "or another Commissioner of the Commission as designated by the Chairperson." Veterans' Memorial Trust Committee Backaround: 18 q,&tg Finance Committee Report: No report. Bvlaw Committee Report: Veterans' Memorial Trust Committee Report: ARTICLE 18 To see if the Town will, pursuant to Massachusetts General Laws, Chapter 82A, Section 2, vote to designate the Board of Selectmen as the means by which the Town shall designate the Board or Officer to issue permits for the purpose of making a trench excavation, as set out in M.G.L. c. 82A, Section 4. and 520 CMR 14.00, and to perform any obligations pursuant to the terms of said statute and regulations, or take any other action with respect thereto. Board of Selectmen Backaround: New excavation and trench safety regulations have been established to protect the safety of citizens from hazards associated with trenches and to provide for penalties for individuals who violate any provision of,these regulations. 520 CMR 14.00 requires that each community take affirmative action during calendar year 2008 in order to comply with the January 1, 2009 enforcement date for these new regulations. The regulations require a permit to be obtained from the appropriately designated permitting authority prior to any trench excavation in any public way, public property or privately owned land. The term "trench" is defined as an excavation which is narrow in relation to its length, made below the surface of the ground in excess of 3 feet below grade and the depth of which is, in general, greater than the width but the width of the trench, as measured at the bottom, is no greater than 15 feet. Finance Committee Report: No report. Pylaw Committee Report: ARTICLE 19 To see if the Town will vote to subordinate any and all of its rights and easements in the land taken by eminent domain as authorized by Article 29 of the May 6, 1976 Adjourned Annual Town Meeting and recorded on September 27, 1976 with the Middlesex South Registry of Deeds in Book 13078, Page 191 and with the Land Registration Office of said Deeds as Document no. 549397, shown on a plan of land entitled "Plan of Land in Woburn, Massachusetts, Showing Sewer Easements for Willow Street Interceptor for the Town of Reading, " Scale 1"=40', dated February 27, 1976, prepared by Dana F. Perkins & Sons, Inc., " sheets 1 through 4 inclusive, recorded in the Middlesex South Registry of Deeds in Plan Book 1976, Page 1171, to Grants of Environmental Restriction and Easement now or at any time hereafter granted by owners of land in the hazardous waste site known as the Industri-plex Federal Superfund Site in Woburn, including, without limitation, to a certain Grant of Environmental Restriction and Easement to be granted by Resources for Responsible Site Management, Inc., Trustee for the Industri-plex Site Interim Custodial Trust and recorded with the Middlesex South Registry of Deeds in Book 19866, Page 190 and filed 19 L ' e-, 9 with the Land Registration Office of said Deeds as Document No. 800447; and to authorize the Board of Selectmen to execute and. deliver from time to time such documents as may be required for subordinations of such rights and easements, or take any other action with respect thereto. Board of Selectmen Background: The property previously taken by the Town of Reading for the installation and construction of the Willow Street Interceptor is now located within a portion of the physical site boundaries of the 245-acre hazardous waste site known as the Industriplex Federal Superfund Site. (the "Site") in Woburn: Owners of property within the Site are required to impose certain land use and other restrictions on their property, referred to as a Grant of Environmental Restriction and Easement or Institutional Controls. These restrictions govern the preservation and maintenance of the EPA approved remedy installed at the Site while permitting varying types of activity under very stringent conditions. The EPA requires subordination of the Town of Reading's rights in the easement to ensure that the Institutional Controls function as the primary method for governing the Town's access to the easement area for emergency repairs and maintenance to protect the health and safety of Town workers, the public and the environment. Resources for Responsible Site Management, Inc., Trustee for the Industriplex Site Interim Custodial Trust is the first landowner within the Site to approach the Town for the subordination. Since the property taken by the Town affects other land in the Site, other landowners will approach the Town in the future requesting subordinations of the Taking as it affects their property. This Article is intended to allow for the subordination of the Taking in the public interest and to provide a single vote authorizing subordinations of the Taking for all owners of property within the Site so as to avoid the need for repeated Articles and Town Meeting action. i FEB.! 0?TE DCSLA~?'!ON ! I . './9 1 uP. I CK' Finance Committee Report: No report. Bvlaw Committee Report: 20 LEQEN01 LS. R. 1. SIiE LMNT LINE r PERMANENT SEWER EASEMENT ft0al EXISTING rAX WP A LOT NUMBER SEWER EASEMENT EXHIBIT WILLOW STREET INTERCEPTOR PREPARED FOR, THE TOWN OF READING, MA WOBURN, MASSACHUSSETS MIERODOAN S Land Sor v/co~~ Inc- ENDINEERU • LAIID SUNVEYDRS - SCIM-TO LMID PLA"M q {Ji-110 ARTICLE 20 To see what sum the Town will charge for each written demand issued by the Collector to be added to and collected as part of the tax as authorized by Massachusetts General Law Chapter 60, Section 15, said demand to be effective January 1, 2009, or take any other action with respect thereto. Board of Selectmen Backaround: MA DOR advised local governments in late August about a change in the outside section of FY 2009 State Budget that allows municipalities to raise the late fee to a maximum of $30.00 - up from $5.00. Since there is no further direction from the legislature, the DOR believes that each municipality's legislative body (Town Meeting in Reading) must vote any new amount. Reasons to raise the demand charges on late bills above $5.00 • Cost of alerting residents exceeds $5.00 per instance. • We have recently begun. to send out more frequent notification to residents in general about overdue bills, and the feedback has been very positive. However, extra notification costs money and if we do not raise the $5.00 fee, effectively all on-time payers are subsidizing the late-payers. Finance Committee Resort: At their meeting on October 15, 2008, the Finance Committee voted 5-2-0 to recommend approval of this Article. The majority of FINCOM accepted the recommendation of management staff that this was a necessary increase to cover costs of late collections, including more frequent mailings to remind residents about due dates. The minority votes felt that in this economic climate that an increase in this fee will just add to the angst many feel in trying to pay bills already. Bvlaw Committee Resort: ARTICLE 21 To see if the Town will vote to amend the Zoning By-Laws of the Town of Reading as follows: Delete the existing word "ten" and insert in its place "eight" in the fourth sentence of Section 6.2.3.2.b; Insert the word "calendar" before the existing word "year" in the first sentence of Section 6.2.3.2.i. or take any other action with respect thereto. Community Planning and Development Commission Background: The purpose of this Article is to al functional customary to business owners, and to Massachusetts building code. The height of 8' will fourth sentence of the bylaw will read " ...all other minimum ground clearance of eight feet." low an awning height that is more match the height allowed by the not interfere with snowplowing. The awnings or canopies shall have a 21 The purpose of amending Section 6.2.3.2.i is to clarify that temporary sales and promotion signs may be displayed no more than three times in a calendar year. The first sentence of Section 6.2.3.2.i will read "...provided that the individual business shall place no more than three such signs per calendar year..." Finance Committee Report: No report. Bvlaw Committee Report: CPDC Report: ARTICLE 22 To see if the Town will vote to amend the Zoning By-Laws of the Town of Reading as follows: • Renumber section 2.2.2.28.1 of thereof so that it reads Section 2.2.28.1; • Insert a new Section 4.4.1 Reserved: • Insert a new Section 4.51 Reserved; • Insert Section 4.9.7.5 before the term "Private Wavs": • Insert parentheses around the numerals for the numbered paragraphs in Section 6.2.3.2, subsection d. Window Sians: • Delete the hyphen from "non-conformity", the last word in the second sentence of Section 6.3.7, thereof so that it reads "nonconformity" or take any other action with respect thereto. Community Planning and Development Commission Backqround: The purpose of this Article is to correct typographical and formatting errors in certain sections of the Zoning By-Laws that occurred as a result of previous amendments, and to confirm and authorize those corrections that were made when the Zoning By-Law was published. None of the amendments change the substance of the Zoning By-Law. Finance Committee Report: No report. Bvlaw Committee Report: CPDC Report: 22 6 & 22' and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 10, 2008, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 23rd day of September, 2008. Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman James E. Bonazoli, Secretary Camille W. Anthony Richard W. Schubert SELECTMEN OF READING Thomas H. Freeman, Constable 23 ~-E?i v" Page 1 of 3 Schena, Paula From: McNamara, Erica Sent: Friday, October 17, 2008 2:07 PM To: Schena, Paula Cc: Cormier, Jim Subject: Policy document for Board of Selectman Attachments: Town alcohol policy Article 3.Changes reported by E.McNamara.doc Dear Paula, These were the changes recommended; they are noted in the attachment and described below: Lan _ ua . e changes to existing-policv_ 3.2.1.1 Remove designee, by statute, it cannot be a designee. It must be an agent of the LLB. 3.2.1.8 Change in wording i.e. "shall not consume while working" as noted in attachment or "No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty nor after the official closing hour." 3.2.1.9 Change in name from LLJUAM to Hospitality Mutual Insurance Company (or any other training course reviewed by and approve by the licensing authority. Change in length of time from 6 months to 3 months. 6 months considered to long to be on the job without training. 3.2.1.7 Bullet 2 which indicates "may request". Please note that technically, the LLB cannot talce ANY disciplinary action. Licensees may appear voluntarily or refuse. 3.2.1.8 Add "Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. 3.2.1.19 Add fee schedule for 2008. 3.2.2.5 Orderly closing, discuss the following additions that address orderly closing: Sample language below from the Town of Andover. "Last call shall be no later than thirty (30) minutes before the "Official Closing Hour". No alcoholic beverages may be served after last call. (Section 12 Licenses) All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic beverages by the "Official Closing Hour" and all customers must be off the premises by the "Official Closing Hour". (Section 12 Licenses) Owners and employees must be off the premises no later than thirty minutes after the "Official Closing Hour", unless such owners and employees may be on the premises for the purpose of cleaning, malting emergency repairs, providing security for such premises, or preparing food for the next day's business or opening or closing the business in an orderly manner. No employee or owner shall serve or consume any alcoholic beverage on the premises before the "Official Opening Hour" or after the "Official Closing Hour" as defined in Chapter 1.38 Ne] 10/17/2008 Page 2 of 3 Section 12 of Massachusetts General Laws. 3.2.2.8. Many towns further define food service. 3.2.6.1 All one day shall be changed to "special" per ABCC language. Sqggested new additions: Punitive Action Guidelines a. Licenses in violation of the applicable laws of the Commonwealth, regulation of the ABCC and/or those regulations may be subject to the following range of discipline 1St Offense warning to 3 days 2nd Offense 3 to 6 days 3rd Offense 6 to 12 days 4th Offense show cause for hearing for license revocation The term "Offense" is defined as one (1) violation of Massachusetts General Law, Chapter 138, and/or one (1) violation of the Commonwealth of Massachusetts Regulations. Some examples of criteria to invoke 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 Access To Premises By Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, be it by posting a doorman or otherwise, to allow Police and authorized agents of the Board, immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. Inspection of Premises The licensed premises shall be subject to inspection by the Police, the Board and duly authorized agents of the Board. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. Posting of Suspension Notice Whenever the Board suspends the license or licenses of any licensee, the Board shall provide the licensee with a sign containing the words "Closed by order of Licensing Board for the Town of Reading," which sign shall be attached on the inside but visible from the outside of the licensed premises in a conspicuous place during the entire period of such suspension. Agents of the Licensing Board The Board of Selectman may appoint the Town Manager, Chief of Police and the Police Command Staff as agent of the licensing board per Board of Selectmen's decision to insure that the policies of the Board of Selectmen and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees. Compliance Operations The Board should periodically review guidelines for compliance operations by police. 10/17/2008 ARTICLE 3 - LICENSES Section 3.1 - General Procedures and Conditions for Issuance of Licenses 3.1.1- Application Procedures Applicants for initial issuance or renewal of licenses issued by the Board of Selectmen shall submit an application on a standard form as provided by the Town. The applicant shall have the responsibility to complete all information on the form completely and accurately, and under oath, and shall provide with the application all necessary information in order for the Town to determine whether all requirement(s) of the license in accordance with Town or State regulations or bylaws are complied with. These requirements may include but not be limited to: ♦ A sworn statement that the applicant has paid all taxes and fees and other moneys owed to the Town of Reading for any services; ♦ All required performance bonds, if any, are on file; ♦ A certificate of Workers Compensation is on file. The Board of Selectmen may request information from any other Department, Board, Committee or Commission in considering the granting and/or renewal of a license. The Board may review the record of any complaints or problems regarding the licensee and/or the licensed premises, and shall take such complaints into account in considering whether or not to issue or renew the license. 11.2 - License Period Unless otherwise provided, licenses shall be issued for a 12 month calendar year, beginning on January 1 st. An application for a new license shall be issued for the remainder of the calendar year. Fees shall be charged for the entire calendar year even if the license is effective for only a portion of the calendar year. 3.1.3 - License Restricted to the Premises for which it is Issued Except for Taxi and Livery vehicle licenses, an application for a license shall be specific as to the location, including street number and address, for which the license is issued. The licensed activity may not be moved to any other location without approval of the Licensing Authority. 3.1.4 - Requirement that Licensees maintain their Properties and Businesses in accordance with all Conditions, Bvlaws, Rules and ReLyulations of the Town of Reading during the Term of the License Every business licensed by the Town of Reading, whether listed below or not, shall at all times during the term of their license, maintain the property and conduct their business in accordance with all conditions of the license, as well as in conformity with all policies, rules, regulations and bylaws of the Town of Reading. All licensees shall maintain their premises in a clean and business-like condition that is conducive to public health and safety. 3.1.5 - Conditions on Licenses The Town may place reasonable conditions on the issuance of any license issued pursuant to these policies to provide for public safety, health, welfare and the promotion of public order. 3 - 1 Board of Selectmen Policies 3.1.6 - Delegation to the Town Manaser the Authoritv to issue Certain Licenses The Board of Selectmen may, annually, delegate to the Town Manager the authority to issue and renew any or all licenses covered by this policy, except for the issuance and annual renewal of liquor licenses. When the Board of Selectmen chooses to delegate this authority, the Board of Selectmen will be notified of the granting and/or renewal of such licenses at their next regular meeting following the issuance or renewal. Prior to approving a renewal, the Town Manager will make certain that all conditions of the license have been met, and that all other appropriate measures are complied with to ensure that the licensee is in compliance with all bylaws, rules, regulations and practices of the Town of Reading. If an issue has been raised by the Board of Selectmen regarding the issuance or renewal of a license, the Town Manager shall not issue or renew the license but it shall be referred back to the Board of Selectmen for their review and action. 3.1.7 - Suspension. Modification or Revocation of Licenses . The Town may suspend, modify or revolve any license issued under these policies for failure to meet any of the requirements of these policies; or failure to meet any conditions placed on the license. The licensee is entitled to due process as provided by law, which may include written notice of any violation. and a hearing. Adopted 10-27-86, Revised 12-13-94, Revised 12-5-95, Revised 5-25-04 N ~S 3-2 Board of Selectmen Policies Section 3.2 - Liquor 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 their 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: Catesorv 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 Retail Package Goods Store License for all kinds of Alcoholic Beverages X not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All 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 and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep for Sale, and to Sell All Kinds X X of Alcoholic Beverages to be Drunk on the Premises 3.2.1- General Requirements for All Licensed Establishments 3.2.1.1- Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. or- its design-e. 3.2.1.2 - Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 - Inspection The licensed premises shall be subject at all times to inspection by members of the Licensing Authority or its designee, and Reading Police, Fire and Health officials. yF~ 3-3 Board of Selectmen Policies 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 - Amusement Devices No establishment licensed for the on-premises or off-premises sale or consumption of alcohol shall permit the use of any amusement device or electronic game unless specifically licensed to do so by the Board of Selectmen. 3.2.1.6 - Dutv to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. Thereafter, the licensee will continuously operate the premises in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 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. Statute says if they cease to conduct business, they need to turn the license in, they are closed for business, chapter 138, section 77, required to turn the license in. 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. 3.2.1.8 - Alcohol Poliev for Staff While Serving Licensees, Managers, principal representatives and employees shall not consume alcoholic beverages while working, and should be alcohol free while selling to and/or serving patrons. Or 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 ManaLrement or Server Trainine 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 Liquor Liability joint Underwriting Asseeiation of Massaehusetts 3-4 Board of Selectmen Policies 9 F Hospitality Mutual Insurance Company (or any training course reviewed by and approved by the Licensing Authority) within three (3) months of becoming employed in a position where they are serving alcohol to customers. There must be a certified employee on the premises at. all times. All persons required to successfully complete an alcohol management or server training course must be successfully retrained prior to the end of the certification period. The licensee shall certify annually to the Licensing Authority at the time of renewal of the license that the licensee, Manager, and all employees meet this requirement. 3.2.1.10 - Liquor Liability Insurance Requirement Licensees are required to have, or otherwise provide, liquor liability insurance in the minimum amount determined from time to time by the Licensing Authority. This requirement is applicable regardless of whether the licensee rents, or otherwise provides the licensed premises to a third party. Limited exceptions to this requirement may be granted by the Licensing Authority for reasons of hardship or upon adequate proof of inability to obtain the required insurance. There is no right to an exception, and the Licensing Authority is not required to grant such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. 3.2.1.11- Staffing Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor beverage sales and consumption. 3.2.1.12 - Supervision - Presence The licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license, and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative shall first have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. 3.2.1.13 - Dutv to Keep Order No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises, including the parking lot or lots that serve 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 Age The Licensee, Manager, principal representative, bartender and waitress/waiter shall refuse to serve any patron under the age of twenty-one (21). When in doubt of age, they shall require the showing of an identification card or license in accordance with Chapter 138, Section 34B of the General Laws. 3.2.1.15 - Minimum Ate of Emplovee or Server N ~g 3 -5 Board of Selectmen Policies No employee of any licensed establishment who is serving, clearing or otherwise handling alcoholic beverages shall be under the age of 18. 3.2.1.16 - Prohibition of Bringing Alcoholic Beverazes onto the Premises There shall be no alcoholic beverages brought onto the premises of a licensed establishment except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts. 3.2.1.17 - Information Regarding the Alleged Service of Alcohol Prior to Violation for Driving Under the Influence of Intoxicating Liquors Upon the receipt of a letter from the Office of the Attorney General or the Middlesex District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other notice regarding the alleged service or sale of alcohol to an individual who is subsequently convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or enters a disposition under Section 24D of Chapter 90, the Licensing Authority: ♦ Shall forward a copy of the letter to the licensee cited, along with a copy of these rules and regulations. ♦ May request that the licensee appear before the Licensing Authority to respond to the allegation. Upon the receipt of two or more letters in a two-year period, the licensee shall be required to appear before the Licensing Authority to respond to the allegations. Any disciplinary action taken by the Licensing Authority shall be taken in accordance with the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to allow for a finding that a licensee has committed a violation. 3.2.1.18 - Dutv to Report an Attempt to Purchase by a Minor The licensee shall be required to report to the Reading Police Department any time a person attempts to purchase alcohol while being underage, or attempts to use an altered or forged identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately report to the Reading Police Department any time they suspect an adult is purchasing alcohol for a minor. These infractions must be reported even when the incident takes place off premises, such as for home deliveries. ADD Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. A 3.2.1.19 - Liquor License Fees q H 3-6 Board of Selectmen Policies The following fees are established for each calendar year for the categories of license available in the Town of Reading: Cate,aorv 2007 2008 2009 2010 Retail Package Goods Store License for all $2000 $2100 $2200 $2300 kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for $3200 $3300 $3400 $3500 Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose, Keep for $2400 $2400 $2450 $2500 Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises Club License to Expose, Keep for Sale, and $1000 $1000 $1050 $1100 to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 3.2.1.20 - Hours of Operation The following shall be the hours of operation for premises licensed for sale and/or service of alcoholic beverages by the Town of Reading: Cate,aorv Hours of Operation Exceptions Retail Package Goods Store License for all kinds of Alcoholic Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises Club License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises 8:00 am to 11:00 p.m., except 8:00 a.m. to 11:30 p.m. the day before a holiday 11:00 a.m. to 12:00 midnight on weekdays, and 12:00 noon to 12:00 midnight on Sundays 11:00 a.m. to 11:00 p.m. on weekdays, and 12:00 noon to 11:00 on Sunday 8:00 a.m. to 2:00 a.m. except on Sundays and legal holidays when the hours are 12:00 noon to 1:00 a.m. 3.2.1.21- Breech of Policv or Conditions See Sunday Sales below L, ~j 0 3-7 Board of Selectmen Policies 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 Packaee Stores Sunday sales for Package Stores are permitted, pursuant to M.G.L. c. 138, §15, subject to the following conditions: ♦ No sales may be made prior to noon on Sunday; ♦ No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday; ♦ Employees must be paid for working on Sunday at a rate not less than 1 %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 Licensing Authority of such licensee's intended hours of operation. 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 permitted 3.2.2.2 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall confonn to the following: ♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted. ♦ An establishment that has a separate and distinct take-out area may be licensed for the sale of beer and wine on the premises. ♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3-8 Board of Selectmen Policies 3.2.2.3 - Toilet Facilities Required 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 shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.2.5 - Orderly Closing Licensees shall ensure that patrons leave the premises at the closing hour in an orderly manner. All patrons shall be off the premises at the closing hour. All tables and service locations shall be cleared of alcoholic beverages within i/2 hour after the legal time for sale. 3.2.2.6 - Prohibition of taking Alcoholic Beverazes 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 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 to the public at such service bar, and no stools or chairs are to be placed at said service bar. 3.2.3 - Requirements for All: Restaurant License to Expose.' Keep for Sale. and to Sell All Kinds of Alcoholic Beverages 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. yF12 3-9 Board of Selectmen Policies 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- Purnose and Intent Pursuant to a Home 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 establislunents with fewer 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 pennitted. 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. 3.2.5 - 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 a bar. 3.2.5.2 - Advertisements No premises shall be licensed that contain any advertisement or sign upon which appears the brand name of any product sold in the establishment including wine or beer, except that signs or advertisements inside of the premises that cannot be seen from the exterior of the premises are permitted. 3.2.5.3 - Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: 3- 10 Board of Selectmen Policies ♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted. 3.2.5.4 - Toilet Facilities Required 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. 3.2.5.5 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.5.6 - Orderlv Closing Licensees shall ensure that patrons leave the premises at the closing hour in an orderly manner. 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 taking Alcoholic Beverages from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment. 3.2.5.8 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.5.9 - Service Bar In the event that an area is designed as a "service bar," which is distinct from what is commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and no stools or chairs are to be placed at said service bar. 3.2.6 - D ___e is for One '_'a. Liquor T ieens°s ehaRffe "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. Section 14 calls it for profit- beer and wine Non-profit- all alcoholic beverage license (further restrictions) Commercial 2 groups can get 2 different licenses ABCC guidelines for beer and wine license 3.2.6.2 - Molders 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 an authorized source. qF1 3- 11 Board of Selectmen Policies 3.2.6.3 - Holders of one-da (special) licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees (reference 3.219). 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 one day (special) licenses shall provide proof of insurance to the Town with the application for the one day license. Revised 5-25-04, Revised (add new date) Section 3.3 - Issuance of Peddler's Licenses Chapter 101, Sections 12a through 33 of the Laws of the Commonwealth, provide for regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local rules and regulations for the granting of such licenses. The following, rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Peddler's Licenses: Each application will be dealt with on a case by case basis. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant. 1. Approval will be granted within a commercial or industrial zoning district only. 2. No peddlers will be permitted to operate within the public right of way including a roadway or sidewalk area. 3. Written approval of the property owner and any tenants on the property will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 4. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other than traffic that is routine to the premises, then designated parking spaces will be required that will not be detrimental to the principle use on the premises. 5. The Board will require evidence that the peddler's use will have minimal effect on the neighborhood adjacent to the site. 6. The peddler's use will not take away existing parking spaces from those required on the site. 7. The peddler's use may have no negative impact on retail or commercial activities within the Town of Reading. 8. Peddler's uses will only be permitted where there is another principal use on the site and the peddler's use is related to the principal use of the property. No peddler's uses will be permitted on vacant or unused land. 9. The applicant must show that adequate controls are in place and insure public safety and cleanliness, and a condition of approval of any peddler's license will be that all of the required licenses will be received. 10. Prior to the issuance of a Peddler's License, the Board may require a review by the Health Division and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3 - 12 Board of Selectmen Policies Page 1 of 1 /-/G 6os Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, October 08, 2008.8:41 AM To: 'John Sasso' Cc: Schena, Paula Subject: RE: CPDC Resignation John I am so sorry that Reading is losing you as a member of the CPDC. I have enjoyed working with you personally, and the community will miss your hard work and insightful view of the issues that are important to the community. I am sure the Board of Selectmen would be open to your offer to volunteer again for the community as your circumstances permit. Thanks for all of your efforts John. Pete I/c Board of Selectmen Post vacancy From: John Sasso [mailto:sassojl@comcast.net] Sent: Tuesday, October 07, 2008 9:52 PM To: Kowalski, Carol Cc: Hechenbleikner, Peter Subject: CPDC Resignation Carol, 4 It is with deep regret that I must resign from the Reading Community Planning and Development Commission. My personal and family commitments are my first priority and unfortunately at this point in time will keep me from performing my duties on the commission. I have thoroughly enjoyed working with you, planning and engineering staff, Peter, the Board of Selectman, other boards and commissions, and the community as a whole. At some point in the future I hope the town would be willing to accept my offer to volunteer again when my commitments allow. Best Regards, John Sasso 2 (L \ 10/8/2008 Page 1 of 2 41 C, gas Schena, Paula From: Hechenbleikner, Peter Sent: Friday, October 10, 2008 10:41 AM To: 'readingplumbingheating@comcast.net' Cc: Zambouras, George; Reinhart, Peter; Schena, Paula Subject: FW: frontage of my home Dear Michael Thank you for your email. I have reviewed the site in person and via photographs, and I understand your dilemma. However, I must say that I agree with the Town Engineers office that you have done significant work within the public right of way of Colburn Road without the requisite permits for street openings, and that as part of the Colburn Road construction project we will correct those violations.. What you have done in effect is created a curb cut for the entire width of your property. Had you requested approval at the time you did this work on Town land, you would have been told, as you are currently being told by the Engineering Office, that you are entitled to a single driveway on the property not exceeding 24 feet in width. This regulation has been in place for at leas the 30+ years that you have lived in this property. The purpose of the regulation, among other things, is to improve public safety and protect property values. You can imagine what Colburn Road would look like if allof the property owners did what you have. On you own property, subject to the zoning bylaw restrictions that might apply, you can construct additional parking or paving. But you may not do this within the public right of way. We will be constructing a short berm along the entire frontage of Colburn Road (other than at approved driveways) as part of the final surface course of pavement, and that berm should keep any Colburn Road drainage on the street and off of your property. Therefore, as part of the Colburn Road project, the Town will remove all pavement within the Town right of way other than the 24 foot driveway width that you are entitled to. I do want to let you know that parking on a sidewalk or tree lawn is a violation of the Town's traffic rules and regulations and is enforceable by the Reading Police Department. If you wish to appeal this decision you may do so by requesting an appeal in writing or by email. I would then set time on a Board of Selectmen agenda for you to appeal the decision directly to them. If you'd like to discuss this further I can be reached at 781-942-9043 Pete Hechenbleikner Town Manager I/c Board of Selectmen From: readingplumbingheating@comcast.net [mailto:readingplumbingheating@comcast.net] Sent: Wednesday, October 01, 2008 8:28 PM 10/10/2008 Page 2 of 2 To: phechenbleikener@ci.reading. ma.us; Reinhart, Peter Subject: frontage of my home Mr. Hechenbleikener, I am truly concerned about losing the frontage of my home. My family and I have been living at this property since 1970. There has never been a strip of grass in the front of this house. So I would like to be grand-fathered in. Since I am a tax payer I feel that I have a choice and I choose not to have any grass. The hot-top has been here for thirty years why is it a problem now? So if the town put in this strip of grass we will all be parking in the street. The street is narrow enough. What about the people parking on the other side of the street. If that happens there will be no safe access specially emergency equipment. The reason the hot top is there is because the water from when it rains floods my basement, which becomes very costly. I spoke to Peter Rienhart and he told me that the town will put in some kind of curbing. Which means less space for our family to park our cars. I would like to discuss this matter with you. Micheal Serrentino 781-760-2002 v 10/10/2008 Page 1 of 2 qc -os Schena, Paula From: Hechenbleikner, Peter Sent: Friday, October 10, 2008 9:41 AM To: LeLacheur, Bob Cc: Schena, Paula; 'Reading-North Reading Chamber of Commerce'; Kowalski, Carol; Zambouras, George; Cormier, Jim Subject: FW: Another Meeting Can you handle both of these matters Pete C/c Board of Selectmen From: Jason Schrieber [mailto:jschrieber@nelsonnygaard.com] Sent: Thursday, October 09, 2008 12:28 PM To: Schena, Paula Cc: Hechenbleikner, Peter; Kowalski, Carol Subject: RE: Another Meeting Paula, One of our most important data collection tasks is surveying people who park in downtown. Today, our field staff are beginning to hand out surveys to folks they pass on the street. One of the options for returning completed surveys is to drop them off at the Town Clerk's Office (I'm assuming that's the window right inside Town Hall?). Another is to complete the survey online (or simply mail it to us). Therefore, I'm wondering if you can quickly see if the following things can be done (sorry for the short notice... the new baby has be behind my own eight ball): 1) Place a box or letter bin at the Clerk's window to collect surveys (or at a more obvious location). 2) See if the following link can be posted on the Town's website, possibly under the News & Updates section: lltto://www.surveviiionkev.com/s.asbx?sni= iFfMcMwPfzRDBTdiFCimw 3d 3d with a simple preamble, such as "Parking Study, Online User Survey". We'll also want to post a more detailed survey on your website soon if possible. Thanks for your help! Jason (BTW, I can be reached directly on my cell phone at 617-335-7745 while I'm working from home.) Jason Schrieber, AICP, Principal 617-521-9403 jschrieber@nelsonnygaard.com www.nelsonnygaard.com Nelson\Nygaard Consulting Associates Mobility I Accessibility I Sustainability San Francisco Portland Seattle Boston New York ~J 10/10/2008 Page 2 of 2 From: Schena, Paula [mailto: pschena@ci. reading. ma. us] Sent: Wednesday, October 08, 2008 1:32 PM To: Jason Schrieber Cc: Kowalski, Carol; DeNisco, Ralph Subject: RE: Another Meeting Okay. We'll go with October 30 at 7:00 p.m. at the Senior Center. Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 From: Jason Schrieber [mailto:jschrieber@nelsonnygaard.com] Senn Wednesday, October 08, 2008 12:22 PM To: Schena, Paula Cc: Kowalski, Carol; DeNisco, Ralph Subject: RE: Another Meeting Both dates work for me. Jason Schrieber, AICP, Principal 617-521-9403 jschrieber@nelsonnygaard.com www.nelsonnygaard.com Nelson\Nygaard Consulting Associates Mobility I Accessibility I Sustainability San Francisco Portland Seattle Boston New York From: Schena, Paula [mailto:pschena@ci.reading. ma. us] Sent: Wednesday, October 08, 2008 11:54 AM To: Jason Schrieber Cc: Kowalski, Carol Subject: Another Meeting Hi Jason: I've been instructed to schedule another meeting to include people who were not present at the last meeting for public input. I'm looking at the evening of October 22 or October 30. Are either of those dates good with you? Paula Schena Office Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 781-942-9043 Fax 781-942-9071 cv 10/10/2008 Page 1 of 1 yc 6 es Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, October 14, 2008 11:03 AM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: Voting Procedures Concerns I/c Board of Selectmen From: Johnson, Cheryl Sent: Tuesday, October 14, 2008 10:58 AM To: 'david@imnworld.com' Cc: Hechenbleikner, Peter; LeLacheur, Bob Subject: RE: Voting Procedures Concerns You can express your concerns with Elections in Boston - 617-728-2828 or your State Representatives. They are listed on our webpage www.readindma.aov under Depts - Town Clerk. The only people required to show ID are those that registered to vote by mail and have never voted in Massachusetts before and those that don't answer the census and must show ID and fill out paperwork that says they have continuously resided in Reading. We abide by the Voter Registration and Voter Regulations (Mass General Laws). I know the State has looked into this, but at this time not every voter has to show ID. From: David Lloyd [mailto:david@imnworld.com] Sent: Monday, October 13, 2008 4:05 PM To: Johnson, Cheryl; Town Manager Subject: Voting Procedures Concerns Dear Mr. Hechenbleikner and Ms Johnson, I'm a resident of Reading and have wondered at every election why I'm not required to show any sort of identification or proof of residence when I vote? As a resident of both NYC and San Francisco I always had to prove my identity at my precinct. All one needs to know in Reading is the naive and street address of a registered voter to vote. I've never understood how crossing off my name on an easily viewable printout provides any sort of security or prevents me from returning as other residents and voting again? What would the town do with the election if you discovered someone had voted multiple tunes as different people? The last Presidential Election was tainted by numerous voter irregularities that altered the outcome of a national election. Isn't it time for Reading to be a little more vigilant in our voting procedures? Thank you very much for your time and considering my concerns. Sincerely, David Lloyd 249 Woburn Street Reading MA G4 10/14/2008 some title Page 1 of 4 qc 3 os Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, October 16, 2008 8:33 PM To: Reading - Selectmen; LeLacheur, Bob Cc: Schena, Paula Subject: FW: MMA Special State Budget Alert I/c Board of Selectmen From: John Robertson [mailto:jrobertson@mma.org] Sent: Thursday, October 16, 2008 4:11 PM To: Town Manager Subject: MMA Special State Budget Alert s 7 Legislative Alert ~Lj ILA Massachusetts Municipal. ,Asssciatloi) IheVoice oftit es and-Towns www.mrna.org MlVM Special State Budget Alert MMA Special State Budget Alert 10/16/08 Contact: John Robertson 617-426-7272 ext. 122 Massachusetts Municipal Association MMA Special State Budget Alert Gov. Patrick Issues Sweeping Cuts to State Budget 10/17/2008 some title Seeks to Close Projected $1.4 Billion Fiscal 2009 Budget Deficit • Major Local Aid Accounts Spared in this Round • Several Grant and Reimbursement Programs Reduced • Gov. Files Legislation to Extend GIC Deadline to Dec. 1 Page 2 of 4 • Gov. Renews Bill to Close Telecom Loopholes with Revenue Neutrality for Fiscal 2009 As expected, Governor Deval Patrick and Lt. Governor Timothy Murray today announced a sweeping plan to address a projected fiscal 2009 state budget deficit of $1.4 billion. The plan preserves funding for the major local aid accounts of Lottery, Additional Assistance and Chapter 70, which together account for $5.3 billion in state spending. The Patrick-Murray Administration has repeatedly stated that they would only consider reducing direct local aid as a last resort, and today's deficit reduction plan continues this policy. The Administration announced overall cuts and spending controls of $1.053 billion, including the following steps: $755 million in mid-year cuts to the state budget; $146 million in savings from additional spending controls; $52 million from voluntary spending reductions in the judiciary, legislature and constitutional offices; and $100 million in fiscal 2009 savings by extending the state's pension funding schedule by two years. In addition, the Governor's plan identifies $168 million in additional revenues to the state, and relies on drawing another $200 million from the state's $1.8 billion rainy day fund. While the main local aid programs were exempted from the Governor's 9C cuts, there were reductions to a number of smaller municipal and school accounts, mainly grant programs and earmarked spending. The Community Policing program was cut by $5 million and funding for the new Municipal Police Grant program ($4.million) was eliminated. Funding for the Sewer Rate Relief program ($20 million) was also eliminated, although the / Governor's message announces that the Massachusetts Water Resources 10/17/2008 some title Page 3 of 4 Authority (MWRA) will absorb its share of the loss and'not add to rates this year as a result of the cut: Several education programs were reduced, largely earmarked spending, including $13.5 million from the Special Education "Circuit Breaker" program, $1.3 million from METCO, $3.5 million from pre- Kindergarten and Kindergarten expansion programs, about $300,000 from After School/Out of School and Extended Learning Time grants and $750,000 from the Chapter 70 Hardship reserve. The Board of Library Commissioners matching grant program ($250,000) was eliminated. The Governor also filed "emergency legislation" that contains several provisions to help him close the budget gap. One provision of the bill would extend the GIC enrollment deadline from October 1 to December 1. This section may be helpful to those communities that have been negotiating on joining the GIC, but have not yet concluded those negotiations. The legislation also includes a renewed effort by the Administration to close the telecommunications property tax loopholes on poles, wires and equipment. The bill filed today is intended to be revenue neutral to cities and towns in fiscal 2009. The measure would eliminate the utility corporation tax exemptions for telecommunications companies and make them subject to the same exemptions as other business corporations: If the Legislature acts to close the loopholes during fiscal 2009, the Administration estimates that this would free up funds in municipal overlay accounts due to the Appellate Tax Board ruling on poles and wires issued earlier this year. For fiscal 2009 only, the plan would be revenue neutral for cities and towns, as the Administration's plan would reduce each community's share of the supplemental Lottery funding in Section 3 of the state b udget by the amount of new revenue communities would receive from one half of one year's telecom tax, estimated at $13 million. This plan is intended to be revenue neutral for cities and towns in fiscal 2009, and give communities access to 100 percent of the telecom revenues in fiscal 2010 and future years. The Governor's overall budget plan is based on their current analysis of the size of the problem. Over the coming weeks and months the Administration will be monitoring state tax revenues and the overall performance of the Massachusetts economy. In the event that the state's fiscal condition deteriorates further, additional action may be required. If this occurs, the Administration stated that they would reduce the state budget even more, 10/17/2008 some title Page 4 of 4 which could include revisiting local aid accounts. The MMA will be providing local officials with continual updates on the state fiscal crisis and all related developments at www.mma.ora. and officials with questions should contact the MMA's legislative division at any time. The Governor has included a detailed list of spending cuts by account and the reasons behind the cuts, as well as a, copy of his message to the public and the legislation that he has filed, on the state's Web site: www.mass.gov Forward this email This email was sent to townmanager@ci.reading. ma.us, by irobertsongmma.org Undate Profile/Email Address Unsubscribe ( Privacv Policv. Massachusetts Municipal Association One Winthrop Square, Boston Boston MA 02110 10/17/2008