Loading...
HomeMy WebLinkAbout2009-12-01 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING DECEMBER 1, 2009 Tafoya, Bonazoli, Anthony,`Goldy, Schubert Hechenbleikner 4b) Move that the Board of Selectmen, pursuant to Section 1.3 of the' Board of Selectmen policies, herby approves fundraising efforts by the Joshua Eaton PTO for the installation and construction of a new swing set as indicated in the plans presented, with all parties recognizing that there is an intent but no commitment to reconstruct the remaining portions of the playground in FY 2012. Construction of the swing set is to be coordinated by the Recreation Administrator who will work with the Park/Forestry /Cemetery supervisor and the School principal to ensure a smooth completion of this project. 4d) Move that the Board of Selectmen approve an application by Dunkin' Donuts, including the Mobil Gasoline Service Station and the Convenience Store on the premises at 2 West Street to open at 5:00 a.m., . Monday through Friday, effective January 1, 2010, and excluding state designated holidays. This approval will expire December 31, 2010. The Board of Selectmen finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. • The Board determined that in accordance with Section 5.10.5 that no public hearing will be required for this application. 4e) Move that the Board of Selectmen approve the application for 24 hour sales by Motiva Enterprises, LLC and Leigh Enterprises, Ltd. d /b /a Reading Shell Station at 87 Walkers Brook Drive. The Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. • The Board determined that in accordance with Section 5.10.5 that no public hearing will be required for this application. The approval of this application is subject to the following conditions: 1. This approval expires at midnight, December 31, 2010; 2. All signs shall conform to the Zoning By -Laws of the Town of Reading; 3. The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 4. The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 5. The operator will provide gas cans for motorists who run out of gasoline on the road; 6. The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 7. Restroom facilities shall be open 24 hours a day, seven days a week. 4f) Move that the Board of Selectmen, pursuant to section 3.2.1.1 of the Liquor License policy, approve the change in plan dated 12 -1 -09 for Mandarin Reading, Inc. d/b /a Mandarin Reading Restaurant, 296 Salem Street 4g) Move that the Board of Selectmen approve the All Alcoholic Club Liquor Licenses for: Reading Overseas Veterans, Inc. d /b /a Reading Overseas Veterans, 575 Main Street Meadow Brook Golf Corp. of Reading, Mass. d /b /a Meadow Brook Golf Club, 292 Grove Street ♦ Home Building Corp. d /b /a Knights of Columbus, 11 Sanborn Street Reading Veterans' Association, Inc. d /b /a American Legion Post 62, 37Ash Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager. Move that the Board of Selectmen approve the All Alcoholic Package Store Liquor Licenses for: ♦ Busa's Reading Liquors, Inc. d/b /a Busa's Reading Liquors, 345 Main Street e Athens Liquors, Inc. d %b /a Square Liquors, 11 High Street o Jai Vaishnodevi & Chirag, Inc. d/b /a North Side Liquors, 150 Main Street ♦ Jahnavi Riya Wine Shop, Inc. d /b /a The Wine Shop of Reading, 676 Main Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager. Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: ♦ Mandarin Reading, Inc. d/b /a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom, Inc. d /b /a Cafe Capri, 355 Main Street ♦ Emperor's Choice Restaurant, Inc. d /b /a Emperor's Choice Restaurant, 530 Main Street ♦ CAC Foods, Inc. d/b /a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d /b /a Chili's Grill & Bar, 70 Walkers Brook Drive ♦ Mac Acquisition of Delaware d/b /a Romano's Macaroni Grill, 48 Walkers Brook Drive e The Boland Group III, LLC d/b /a Fuddruckers, 50 Walkers Brook Drive ♦ Bertucci's Restaurant Corp. d/b /a Bertucci's Italian Restaurant, 45 Walkers Brook Drive e Rare Hospitality International, Inc. d /b /a Longhorn Steak House, 39 Walkers Brook Drive for a term expiring December 31, 2010 subject to the following conditions; All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager. Move that the Board of Selectmen approve the Wine and Malt Liquor Licenses for: • Colombo's Pizza & Cafe, 2 Brande Court • Ristorante Pavarotti, Inc. d /b /a Ristorante Pavarotti, 601 Main Street • Palatat Pattenesuan d/b /a Bankok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager. Move that the Board of Selectmen adjourn the meeting at p.m. TOWN MANAGER'S REPORT Tuesday, December 01, 2009 • I have gotten a price from Town Counsel to put together a comprehensive amendment to section 6.3 of the Zoning Bylaw re nonconforming uses, and would plan on moving this process ahead for consideration at the Annual Town Meeting. • State funding for special elections — some funding has been provided but not all funding needed to run the elections. • Request to meet with Wine Nation — Town Counsel's comment • H1 N1 Flu vaccination process • Seasonal flu clinic December 10 at parker Middle School • Reading High School Football play-off game tonight — wish them luck • Austin Prep — our other High School — is also playing a football play-off game tonight in Reading, and I'm sure that we all wish them luck also • Toys for Tots — collection boxes in a number of locations including Town Hall • Tree Lighting ceremony was spectacular Dates and Events: • Shop the Block — December 3 evening MMA Seminar 12 • December 5 — Weatherization seminar 5 09 (3).ppt • Garden Club's "Memory Tree"— December 6 at 4 PM at the Library • Reading Festival of Trees is on December 5 and 6. The concert is on Sunday, December 6 • Special Primary Election - December 8 • Special Election — Senate seat — January 19 Page I of 3 Hechenbleikner, Peter From: Ramclin, Larry Sent: Tuesday, December 01, 2009 12:29 PM To: Hechenbleikner, Peter Subject:. RE: H1 N1 Flu vaccine plan Pete, Thanks, I added the clinic date and will post on the webpage and distribute town-wide. Larry Larry A. Ramclin MA REHS CHO Health Services Administrator Reading Health Division 16 Lowell Street Reading, MA 01867 781-942-9061 781-942-9071- Fax When writing or responding, please remember that the Secretary of State's Office has determined that email Is a public This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that You have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the ill.fOrmation. Also, please indicate to the sender that you have received this email in CITOr, and delete the COPY YOU received. From: Hechenbleikner, Peter Sent: Tuesday, December 01, 2009 11:42 AM To: Ramclin, Larry Subject: FW: H1N1 Flu vaccine plan From: Ramclin, Larry Sent: Tuesday, December 01, 2009 11:04 AM To: Hechenbleikner, Peter Subject: HIN1 Flu vaccine plan Peter, The Health Division is receiving H 1 N I vaccines in small lots, they are insufficient to do any major clinics at this time. Vaccine distribution is sparse and it is due to the availability of vaccine based on the CDC/DPH priority group requirements. We are required to vaccinate only: 12/1/2009 Page 2 of 3 • Pregnant women, up to 2 weeks post parturn (including after pregnancy loss); • Household contacts and caregivers of infants younger than 6 months of age; * Household contacts of pregnant women in their third trimester to ensure their newborns go home to a safe environment; and ® Healthcare personnel with direct patient contact. ® Children 6 months to 18 years of age Based on the above guidelines we have been vaccinating pregnant women and their contacts, We have held four clinics by appointment for this segment of the population. We will ' not be vaccinating children under 10 at a public clinic as this population is better served by their healthcare providers who have been proritized to receive vaccines before the Health Division. In c000rdination, with the School Department we have distributed "Vaccine Administration Permission" forms and "Vaccine Information Sheets ", to the middle and high school population, and these permission forms have been returned. Thus we will be ' starting our school based H1 NI flu clinics within the next week. There is a limited supply of H1 N1 vaccine available, not adequate to vaccinate all middle and high school students who have submitted permission forms, and the Health Services Administrator is working with the Superintendent of Schools and his staff to determine the priorities until more vaccine becomes available. Once the school clinics are completed we will be hosting an open clinic for Reading resident children 9-1.8 who do not attend school in Reading. After the children have been vaccinated a general clinic will be held for residents. These are all dependent on vaccine supply We have 380 doses of seasonal flu vaccine available and will be hosting a clinic on December 10 from 5:00 to 7:00 PM at the Parker Middle school. 12/1/2009 Page 1 of 1 Hechenbleikner, Peter From: Feudo, John Sent: Tuesday, December 01, 2009 9:01 AM To: Hechenbleikner, Peter Subject: Eaton Presentation Tonight Hi Peter, Just wanted to give you a quick run of what to expect from the Eaton Playground presentation tonight — we will be very brief 5 — 10 Minutes. The School /PTO is going to request the ability to begin fundraising for a new swing set area to be installed in the Spring /Summer 2010 — This will be about a $1 OK effort —100% private They understand the rest of the project will have to wait until it's the "turn" in the capital plan and understand that the $$ still needs to be voted by all the overriding authorities. The question I will need answered is to what degree will we need a master plan — I am assuming a process similar to Killam will work vs a Memorial or Washington plan. I have already met with the principal and leaders of RYB and RYS to discuss needs. The next step will be to get some engineered plans of playground and ball field completed. I did not want to do that until I knew for sure what direction we might take with the Master Plan. I will say the swings at the Eaton School are not adequate for the amount of kids at the school, and I would support doing them sooner than later. Let me know if you have any questions or need to chat about this. John John A. Feudo Recreation Administrator Town of Reading 12/l/2009 Section 1.3 — Solicitation /Acceptance of Donations The Board of Selectmen values and appreciates the efforts of individuals, community groups, and businesses in the community to raise private fiends for the betterment of the Town. These donations often take the form of donations of trees and benches, construction of capital projects, and donation of funding for programs. It is important for the Town and donors to have an understanding of the nature, location, design, and details of any such equipment, capital project or program on Town property or at Town facilities or utilizing Town resources prior to entering into fiuidraising efforts, so that the Town can meet its share of any commitments related to capital projects or programs, so that donations of trees and benches and other equipment are of a design and quality and in locations consistent with Town needs, and so that any such projects or programs are compatible with the plans and programs of the Town. Therefore, the Town must be consulted prior to any fundraising efforts, h1 accepting gifts and donations the Board of Selectmen should consider how the maintenance of the and operation of the equipment, capital project or program will be fielded. Agreements as to gifts and donations, including maintenance, should be documented in writing. 1 -7 Board of Selectmen Policies Town Sites without Master Plans: • The donor shall consult with the agency having jurisdiction over the property in question - Board of Selectmen as Park Commissioners; Conservation Commission for Conservation lands; Town Forest Committee; etc. for projects in those locations. • The agency having jurisdiction may grant approval to proceed with the project. • If a commitment of Town fiends is required to match or supplement field raising efforts, the fundraising efforts of the donor may be approved only if the proposed project is included in the Town's Capital Improvement Project (CIP) or funds are otherwise available, with an understanding that Town funds will not be available until those capital funds are available through the budget. Equipment Plantings, and pro rg ams: WAM FM Donors sha71-ij h Town staff and/or Board, Committee, or Commission as appropriate, iction in the area where the equipment or planting is proposed to be locatef of the department or division within which the program is proposed to be run. • If the equipment, planting, or proposed program is consistent with the standards, design, mission and direction of the agency having jurisdiction, approval may be granted to proceed with fundraising. • If a commitment of Town funds is required to match or supplement fund raising efforts, the fundraising efforts may be approved if the needed funding is otherwise available from the agency of jurisdiction. 1-8 Board of Selectmen Policies Page lofl Schena, Paula From: Cormier, Jim Sent: Friday, November 13, 2009 3:01 PM To: Hechenbleikner, Peter; Redmond, Glen; Delios, Jean; Ramdin, Larry Co: 8chena. Paula; Marino, Lillian; Gaga|a.Mark Subject: RE: early/late opening Peter Sgt. Sego||a reviewed our activity cd both locations. He reports tnme that there appears iobeno reason hn oppose either request. Chief James W.Cormier Reading Police Department 1G Union St. Reading, MA01887 781-044-1212 781-944-2893 Fax NA-233 When writing or responding, please remember that the secretary of State's Office has determined that eOO8i| is a public record. This communication may contain privileged O[ other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do n'ot print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. From: Hechanb|eikner,Peter, Sent: Friday, November 13,2OD92:12PM To: Cormier, Jim; Redmond, Glen; DeUos,Jean) Ramndin, Larry Cc: Schena, Paula; Marino, Lillian Subject: early/late opening The Shell station on walkers Brook Drive has requested renewal of approval to open 24 hours a day. Do you have any information ooho why this should not bnapproved? The Mobil/Dunkin Donuts on west Street has requested renewal of approval to open earlier then 6 am, Do you have any information oetn why this should not baapproved? ll/27/2009 Page 1 of I Schena, Paula From: Hechenbleikner, Paba Sent Friday, November 13.20002:12PM To: Cormier, Jim; Redmond, Glen; Delkm. Jean; Romdin'Larry Cc: 8oheno' Paula; Marino, Lillian Subject: early/late opening The Shell station on walkers Brook Drive has requested renewal of approval to open 24 hours aday, Do you have any information as to why this should not be approved? The Mobil/Dunkin Donuts on west Street hoa.requeeted renewal of approval to open earlier than Uam. Do you have any information uetn why this should not beapproved? ll/27/2009 Page I of I Schena, Paula From: Hechenbleikner, Peter Sent: Saturday, November 28.2OOQ121OPW1 To: Schena.Pau|a Subject: FVV: Brendan Hoyt Jr. Attachments: ADDENDUM-BOSAGEN[}A+12-01-0Q.pdf Copy for Board of Selectmen Tuesday From: LeLacheur, Bob Sent Wednesday, November 25,2UO9Z:17PM To: Hechenh|eiknar,Peter, Subject: Brendan Hoyt Jr. | spoke ho attorney Hoyt (781-S42-OOGO) and advised him of the BOG request. | told him 8:45pmornnen per the agenda, and he will bethere. | reviewed the nature of the o � complaints (a�mched).Hehoshaduprnviouodionuooionw�hhiscJ|entond was aware of these complaints in ' | they ll (or nearly oo?) from the same house nearby. Thanks, Bob BobleLochnm Assistant Town ManagerlFinance Director Town of Reading 16 Lowell Street Reading, &&[0}867 (P) 781-942'6636 (F)78/-y42-y037 (E) fimunco@oi reading. ma. mm ll/9U/2009 11/25/09 11:45 READING POLICE DEPARTMENT v5.5o * ** LOG Q-SHEET ** PAGE: I TTYPll -064 shift: C date: 04/25/09 SATURDAY org/Ist ---------- ------------------------------------------------- -------------------- R 055 DISTURBANCE GENERAL 22:56 * 37 ASH ST and AMERICAN LEGION POST REA 473566 * LARGE GROUP OUTSIDE BEING VERY LOUD ID 5 call-backf (781) 944-4259- UNIT(S) *** 56 REA P OFF. BELMONTE r> d> 22:56 a> 22:57 c> 23:00 k> h> REA P OFF, BOUVIER r> d> 22:56 a> 22:57 c> 23:00 k> h> COMMENTS *** 56 REA 22:56:40 CD-000-LARGE GROUP OUTSIDE BEING VERY LOUD 56 REA 23:00:06 UNITS SPOKE TO INDIVIDUALS OUTSIDE, TOLD TO TAKE 56 REA IT INSIDE & KEEP IT DOWN; UNITS CLEAR ----------------------------------- officer's signature / f --------------- date **rcv*clr* 000 055 D5 - 150-064 150-183 150-183 150- 183 -183 183- READING POLI. ICE DEPARTMENT. 10/30/09 10:31 1 TTYP3 PAGE: -064 v5.5o LOG Q-SHEET shift: C da'te;:05/30/09 SATURDAY -------- - - org/lSt -- 1. ------ -- ------- ----------- --------------- ---------------------- ----------- j------------------------------ - - - **rcv*clr* 055 DISTURBAN6E GENERAL 1 055 05:5 21*.07 * 37 ASH ST and AMERICAP LEGION REA D5 475360 * LOUD MUSIC COMING,FROM AMERICAN LEGION 181-:064 * ID 5 COMP: LOYD, RANDY 54 ASH ST ��EADING, 08/16/56 025-50-24.21 PTN: VINCENT, TI * MOTHY M - 18 BARBARAILN READING,MA 01867-1814 UNIT (S) 181-181 66 REA P OFF. WILSON 21:07 d> 21:07 la> c> 21:18 k> h> r> 181-181 76 REA P OFF. BOUVIER r> 21:07 d> 21:07 !a> c> 21:18 k> h> COMMENTS WILL BE TURNED 76 REA 21:18:00 SWEET 16 PARTY GOING ON. MUSIC 181- 181- 76 REA DOWN, UNITS CLEAR. i AINT SECOND CALL FOR NOISE COMPLAINT. UNITS - TO 181: DECEIVED 76 REA 22:07:00 JECEIVE 181- 76 REA CHECK IT OUT. 22:15:00 MR. VINCENT DVISED AGAIN OF THE COMPLAINT, 66 REA ZNT 4 181-1 66 REA WINDOWS WERE SHUT, AND VOLUME AGAIN TURNED DOWN . UNITS 181 -,; 181 66 . REA CLEAR. ------------------------ ---------- officer's signat�re m -------- - - - - -- date 10/30/09'10:31 READING PO I CE DEPARTMENT PAGE: 1 TTYP3 -064 V5.50 L�G Q-SHEET shift: C diate:106/06/09 SATURDAY --------------------------------- org/lst ------------ ---------- --------------- 033 COMPLAINT1 (GENERAL) **rcv*clr* 033 033 21:38 * 37 ASH ST and AMERICAN LEGION POST REA D5 475750 * LOUD NOISE p 183-064 * ID 5 12/19/81 504-11-2726 RPTP: LLOYD, RANDALL S 54 ASH REAPING,MA 01867 call-back# (781) 944-4259 UNIT(S) 183- 56 REA P OFF. BELMONTE c> 21:38 k> h> r> d> !a> 183-183 66 REA P OFF. WILSON c> 21:42 k> r> 21:38 d> 21:38 la> h> 183-183 76 REA P OFF. BOUVIER r> 21:38 d> 21:38 �a> c> 21:42 k> h>, COMMENTS *** 21:42:24 ALL APPEARS ITO QUIET AT THIS TIME; UNITS CLEAR. 183-183 76 REA ------------------------ ------- --------------- - officer's signat�re date a 10/30/09 10:30 READING PJL'ICE DEPARTMENT PAGE: v5.5o �OG Q-SHEET TTYP3 -064 shift: C date•! 10/09/09 FRIDAY org/1st --------------------------- - - - - -- ------------------------------------------ 055 DISTURBANCE GENERAL **rcv*clr* 23;16'* 37 ASH ST and AMERICAN LEGION REA 055055 ' 482475 * PEOPLE OUTSIDE BEING LOUD. D5 * ID f: 5 181-064 COMP: LOYD, RANDY. 54 ASH STIREADING, tall-back# (978) 855-48991 1 UNIT(S) 73 REA P OFF. MACHUGH r> 23:16 d> 23:16 a> 23:20 c> 23:22 k> h> 79 REA P OFF. J. EDSON X> d> la> 23:20 c> 23:22 k> h> COMMENTS 73 REA 23:22:58 NOISE WAS FR�M A SMALL GROUP OF.PEOPLE THAT 73 REA OUTSIDE. THEY WERE AD[' ISED OF THE COMPLAINT AND WENT 73 REA IN, UNITS CLEAR. ------------------ - - - - -- ----------- --------------- officer's signature date 181"181 181-181 STEPPED 181-181 BACK 181 - 181 10/30/09'•10:30 READING I OLICE DEPARTMENT PAGE: 1 V5.50 TLOG Q-SHEET TTYP3 -064 shift: C date; 10/25/09 SUNDAY org/lst --------------------- ------- ------------------------------------------ 055 DISTURB4NC-E GENERAL **rcv*cl'r* 17:34 * 37 ASH ST and AMERICAN LEGION POST REA 055 055 483302 * LOUD MUSIC COMING FROM BUILDING. D5 * ID #: 5 181-064 COMP: LLOYD, RANDALL S 12/19/81 504-11-2726 54 ASH READING,MA 01867 UNIT(S) 72 REA P OFF. SANTASKY 181-181 r> 17:34 d> 17:34 a> c> 17:39 k> h> COMMENTS 72 REA 17:39:16 MUSIC COMING FRM PARTY AT THE AMERICAN LEGION. THEY 181-181 72 REA WERE ADVISED OF THE qOMPLAINT•AND WILL HAVE THE MUSIC TURNED 181-181 72 REA DOWN, UNIT CLEAR. i 181- ----------------------- i ------------ --------- - - - - -- officer's signabu3ze date S/ 10/30/09 10:28 READING PdLICE DEPARTMENT PAGE- 1 V5,50 7OG Q-SHEET TTYPB -180 shift: A dated 10/25/09 SUNDAY org/ls- ------------------ - - - - -- --------- --------------------------------------------- 055 DISTURBANCE GENERAL **rcv'.*clr* 00:02 * 37 ASH ST and AMERICA!N LEGION REA 055,*055 483258 * LARGE GROUP ON PORCH TALKING LOUDLY D5:: * ID # 5 131-18, RPTP: LLYOD, RANDY 54 ASH RE=ING,MA 01867 call-back# (978) 855-4899 UNIT(S) 61 REA P OFF. HURLEY 131-13: r> 00:02 d>. 00:02 !a> c>-00:08 k> h> COMMENTS *** 61 REA 00:08:37 CLEAR,SPOKE T I SMALL GROUP ADVISED OF COMPLAINT 131-13: 61 REA HAVE SINCE GONE INSIDEPUNIT GEAR. 131- ---------------- ------- -------- I ------- officer's signatu:�e date Page 1 of 2 Hechenblefter, Peter . From: Ellen Doucette [ecdoucefta@bnackeftlucoo.00m] Sent: Monday, November 3U.2OOS2:38PK4 To: LeLacheur, Bob Cc: HenhnnLdeikner, Peter; Gary S. Brackett, Esquire Subject: Re: Wine Nation request Bob. I reviewed Gary's copy of the letter sent to the Board of Selectmen from Wine Nation's counsel which presumably, prompted the Board's questions. Gary |o handling this matter but is out of the office today. Ordinarily, such a request should be submitted to the Selectmen through this office. |n any event, please note the last sentence of the second paragraph states in part, ". . . WineNation has voluntarily stayed its appeal of the September 1 denial to the ABCC, in an effort to reach an accommodation with the Town." |n the last sentence of the third to last paragraph of the letter it states, "[i]f possible, Mr. Trone would like to achieve an accommodation with the town prior t [the briefing and hearing stages of the appoo|]." Therefore, itis clear that the Board of Selectmen ia being asked to reconsider its denial based upon the revised plan and in an effort to resolve or settle the ABCCappeal. As to the Board of Selectmen's questions, based upon the premise that the request is to discuss resolution of the appeal, the revised proposal should be considered within the context of a duly noticed/published public hearing. The "accommodation" WineNation is seeking appears to be the grant of the liquor license for a proposal that is reduced inscope. It is our advice that discussions which may result in the grant of relief/settlement of an appeal, should bn conducted within a public hearing. There are however parties vvhowiUarguethotepub|ichaaringio not necessary when an applicant is before a board to discuss settlemen matters, but we disagree. VVinaNation preserved its rights by filing an appeal with the A8CC.eoitie not appropriate toinvibethanther applicant or other potential applicants in. However until the one remaining Section 15 license io actually issued, |t remains available so other potential applicants may file an application if they wish to do so. AoBuoa did not file an appeal from the denial of its application, it too would have to file a new application. In closing, | note that although VVinoNation claims to have had discussions with various business organizations and officials relative to its proposal which it "had not completely and effectively explained", and new plans and renderings have been prepared for the Board of Selectmen's review, the denial was based in part on the Selectmen's conclusion that there was no "public need" for the issuance of the license. Aso preliminary matter, o revised proposal will serve no purpose ifthn8o|eotmenoontinuetoho|dthatopinion. | see no reference |nthe letter that e demonstration of public need will beprovided. Regards, Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas l9 Cedar Street Worcester, MA0l60q (5O8)799-9739 (508)79g-0709 Fuo8iruilu ----- Original Message ----- From:L La�h���13�b To: Cc: Hechenbleikner. Peter Page 2 of 2 Sent: Wednesday, November 25.2OOS2:27PyW Subject: Wine Nation request Hi Ellen, Wine Nation has asked to come before the BOS to present their revised plans in more of an 'informal' setting. It io implied but not clear if they expect any 'aotion'by the BOS that night. The 8DS want you to give on opinion on these questions: 1 what format should this meeting take (ieo public hearing orothor?) 2) previously, two applications were made for the one remaining license. If Wine Nation comes in, ought vvo invite the other applicant inalso? 3\ should we post ittothe community more broadly in case there are other possible applicants? Thanks & Happy Thanksgiving! Bob 8o6LeLoc6eur Assistant 7b*w ManagerlFinance Director Town ofReading 16 Lowell Street Reading, AIQ01867 (P) 781-942'6636 (F) 781'942-9037 (E) fixunce&irouoOng./xu.us Benefit Changes for February 1 st, 2010 Page 1 of 1 The Official Website of the Executive Office for Administration and Finance (ANF) t� �s Mass.Gov Administration and Finance HcIrrre > Insurance & Retirement > Oversight Agencies > Group Insurance Commission > Benefit Changes for February 1st, 2010 To help meet the GIC's projected FY10 deficit of $35 million, the Commission voted on Friday, November 20, to implement benefit changes effective February 1, 2010. It is very rare that benefit changes are needed mid year, but, given the state's bleak revenue forecast, there is no expectation that a supplemental budget will be submitted by the administration to the legislature. Health care expenses continue to skyrocket due to increased utilization coupled with increasing prices charged by providers — doctors, hospitals, imaging centers and the prescription drug industry. For every $1.00 of GIC premium, $0.90 is spent on provider costs. In other words, the provider payments are where almost all the dollars are going. Information about the benefit changes, including additional details about the deductible and premium rates, will be posted on the website during the first week of December. Additionally, all employees and Non - Medicare retirees will receive a letter at home outlining the changes. On the upside, premiums for state employees and Non - Medicare retirees will go down from approximately $6 to $17 per month, depending on your health plan and whether you have individual or family coverage and when you were hired (on or before Tune 30, 2003). Details on the new premium rates will also be on the,(1website. '. Benefit Changes Effective February I, 2010: • Primary Care Physician Office Visit Copay: $5 increase across all tiers • Specialist Office Visit Copay: $5 increase across all tiers • Retail Clinic Copay: $5 increase • Physical Therapy, Chiropractic and Occupational Therapy Copay: $5 increase • Outpatient Surgery Copay: $10 increase • Hi -tech imaging Copay: $25 increase • Emergency Room Copay: $25 increase • Mental Health /Substance Abuse Outpatient Visit Copay: $5 increase • New deductible for all plans: $250 individual coverage /$750 family coverage; deductible will not be applied to office visits, mental health /substance abuse benefits and prescription drug benefits. Ancillary tests and procedures performed at an office visit are subject to the deductible. The GIC certainly regrets having to make these benefit changes and all GIC staff will be paying the same higher copays and deductibles as their fellow employees. All GIC health plans will have the same increases and it is not known at this time whether these changes will carry into FYI 1. Additional details about health plan benefits for FY 1 I will be included in your GIC Benefit Decision Guide, which is delivered before annual enrollment, April 12 -May 10, 2010. Annual enrollment gives you the opportunity to change health plans if you desire. Please see the hca.lih pl;pli area of our website for additional details about the benefit changes. Your health plan will also send you a letter with updates to your plan handbook. This information provided by the (noq [ntiur1ihce.( unna loll. © 2009 Commonwealth of Massachusetts http://www. mass. gov / ?pageID= afmodulechunk &L =4 &LO= Home &L 1= Insurance + %26 +,.. 11/30/2009 ui AUDITOR OF THE COMMONWEALTH ro w DIVISION OF LOCAL MANDATES VA A F ONE WINTER STREET, 9TH FLOOR BOSTON, MASSACHUSETTS 02108 A. JOSEPH DENUCCI TEL: 617- 727 -0980 AUDITOR 1 -800- 462 -COST MEMORANDUM F 617 - 727 -0984 w�, =3 TO: Town of Reading Election Officials , t FROM: A. Joseph DeNucci, Auditor of the Ccnuno . 1 - DATE: November 23, 2009 RE: STATE FUNDING FOR THE UPCOMING U.S. SENATORIAL SPECIAL ELECTION: CHAPTER 236 OF THE ACTS OF 2004 As you may Imow, in September my Division of Local Mandates (DLM) determined that the entire cost of conducting the December 8, 2009 primary and the January 19, 2010 final election of a United States Senator,is a. state mandate subject to. the state funding provisions of the Locale Mandate Law. ' As explained in'the enclosed correspondence, DLM prepared an initial estimate of the amount of the cost imposed On communities statewide of. $7.2 million.. This limited estimate was based upon data you and your colleagues recently submitted for certification of state funding to assume the cost of a separate mandate, the Chapter 503 requirement for extended polling hours. As always, I thank you for your cooperation in that effort. In keeping with past practice, the Legislature recently appropriated money to assume the cost of the extended polling hours segments of the upcoming special primary (3 hours) and election (3 hours), but to date has not allocated ffulds to assume the remaining cost. From this account, the Town of Reading will receive $10,344 for this purpose. This is the Chapter 503 amount DLM certified for your community for the most recent state elections. Secretary of State Galvin will mail or wire transfer this fiulding ' to your municipality shortly prior to the December 8 special primary. In the meantime, we are continuing to work with affected parties and state leaders to secure full state fiulding for the mandated costs associated with conducting the U. S. Senate special election. Clearly, this will not be accomplished before the election, but it is my hope that the Legislature, may find the means to fund this obligation after the election is final and actual cost experience can be documented. With this in mind, I ask that you closely monitor and document your expenditures in these elections, and keep appropriate records for future use in this calculation. If you have any questions or concerns, .please contact Anthony D'Aiello at the Division of Local Mandates at (800) 462 -2678 or (617)727 -0980. Please accept my very best wishes to you and your family for a joyous holiday season and a happy and healthy New Year. Enclosure AUDITOR OF THE COMMONWEALTH tl STATE HOUSE, BOSTON 02133 A. JOSEPH DENUCCI AUDITOR TEL. {6i7) 727-2075 FAX (617) 727-2383 September 8, 2009 Theodora K. Eaton, President Massachusetts Town Clerks' .Association Town of Needham 1471 Highland Avenue Needham, Massachusetts 02492 Dear Ms. Eaton: This letter is in response to your request on. behalf of the Massachusetts Town Clerks' Association and all city and town clerks throughout the Commonwealth regarding the cost of conducting the upcoining special state primary and special state election for United States Senate set for December 8, 2009 and January 19, 2010, respectively. As you know, Proposition 2 - Y:2, passed in 1980, mandated that municipalities must be reimbursed for the costs of new state mandates. My Division of Local Mandates is charged with determining. whether a new law is a mandate and the costs of that mandate. Chapter 236 of the Acts of 2004 repealed prior law that would have avoided the cost of special elections. by utilizing the traditional election schedule. In contrast, current law now requires the Governor to call an election within 145 to 160 days from the date a vacancy occurs. After a review of the pertinent statutes and case law, my Division of Local Mandates (DLM) has determined that Chapter 236 of the Acts of 2004 is a state mandate subject to the provisions of the Local Mandate Law. Further, DLM has prepared an initial statewide . estimate of $7.2 million in costs impos cid on cities and towns pursuant to this mandate. Additional costs will be incurred as discussed below. At this time, DLM can provide a limited statewide estimate of the cost of conducting the upcoming special primary and general elections.. Based on recent election survey work conducted by DLM, my staff has identified $7.2 million in direct election day costs for election day workers and law w enforcement personnel. It is important to note that these costs are in addition to the state costs that Secretary of State Galvin has determined will be required by his office. Theodora K. Eaton Massachusetts Town Clerks' Association Page Two However, the final cost to cities and towns will be significantly greater than this initial estimate. This is because cities and towns will also incur costs throughout the election process, including certifying nomination papers, printing voting lists, mailing and processing absentee ballots, programming voting equipment, setting up and breaking down each polling place, renting private facilities, closing the elections process, certifying returns, and counting ballots in those locations that do not use electronic voting equipment. Thus the $7.2 million estimate will serve as a minimum level of funding needed to cover these costs. To establish a maximum level 'of funding, I propose that we use as a basis, the municipal costs associated with the most recent statewide primary and general election. This amount, less the reimbursements received from the state or federal government for certain costs, will serve as a maximum level of funding needed for the upcoming special election. A reserve account established at the Executive Office of Administration and Finance should be funded for the purpose of reimbursing cities and towns for documented costs within this range of costs. My office will work with Secretary of State Galvin and the.Massachusetts Town Clerks' Association to identify all mandated final costs to be reimbursed. I look forward to working with you and our colleagues in government on a satisfactory resolution of these important matters. S tricerel , I De CCI or o the Commonwealth cc: His Excellency Deval Patrick, Governor of the Commonwealth Honorable William Galvin, Secretary of State Honorable Therese Murray, Senate President Honorable Robert A. DeLeo, Speaker of the House of Representatives Honorable Steven C. Panagiotakos, Chair, Senate Ways & Means Committee Honorable Charles A. Murphy, Chair, House Ways & Means Committee Leslie Kirwan, Secretary of Administration & Finance 0 M" H C:) I' p. C -.3� r—r-<