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HomeMy WebLinkAbout2017-09-26 BOS PacketFR O 7 k Town of Reading b Meeting Posting with Agenda s�9f1HCORe" Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -09 -26 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business i 1 4 �r ( C1 i ti Nil SEP 2 I P 4- 02 1 Time: 7:00 PM Location: Selectmen Meeting Room Agenda: Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion: 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation 4) Personnel & Appointments 5) Discussion /Action Items a. School House Commons Sign Request 7 :20 b. Economic Development Update 7:30 C. 75 Pearl Street Lease Amendment 7:45 d. Hearing — Board of Health Associate Member 8:00 e. Close Warrant for November Town Meeting 9:00 f. Discuss BOS Policies — Article 3 — Licenses 9:30 g. Town Meeting Instructional Motion Update — RMLD 9:45 Payments 6) Approval of Minutes 7) Licenses, Permits and Approvals 8) Executive Session 9) Correspondence a. Correspondence from Cardinal's Office, re: Mass for Public Safety Personnel b. Correspondence from DPW, re: Mass Rivers Alliance Petition C. Correspondence from the Town Manager, re: November Town Meeting FYI Update This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page 1 1 DRAFT - BOARD OF SELECTMEN 2017 ' AGENDAS 2017 912112017 Responsibility Start time September 26, 2017 Tuesday! School House Commons Sign Request LeLacheur 7:20 Economic Development update LeLacheur 7:30 75 Pearl Street Lease amendment Miyares 7:45 HEARING Board of Health Associate member Miyares 8:00 Close Warrant for November Town Meeting LeLacheur 9:00 Discuss BOS Policies Article 3 - Licenses LeLacheur 9:30 Town Meeting Instructional Motion update - RMLD payments Ensminger 9:45 October 4 2017 Economic Development Summit @RPL Wednesday 6:00 October 10, 2017 Tuesday Office Hour Dan Ensminger 6:30 JAMS for Jake LeLacheur 7:20 Police Officer & Firefighter Badge Pinning Segalla & Burns 7:40 Public Safety Staffing Overview Segalla & Burns 8:00 Depot /Compost Sticker LeLacheur 8:30 Financial Forum Preview. LeLacheur 9:15 Town Manager Review Arena 9:30 ` October 11, 2017 ` Financial Forum II' @RPL Wednesday 7:30 October 24 2017 Tuesday Review Senior Tax Relief Santaniello & Bd Assessors 7:30 Preview Tax Classification (Hearing is November 7th) Santaniello & Bd Assessors 8:30 HEARING Approve BOS Policies Article 3 - Licenses LeLacheur 9:15 Discuss BOS Policies: Article 1 General Operating Procedures LeLacheur 9:30 November 7, 2017 Tuesday Office Hour Barry Berman 6:30 Town Accountant Quarterly Report Angstrom 7:20 HEARING Tax Classification Santaniello & Bd Assessors 7:30 HEARING Approve BOS Policies: Article 1 General Operating Procedures LeLacheur 8:30 Review Road Improvements IZager Public Works dept Policies I Zager November 13, 2017 Subsequent Town Meeting I Monday November 16, 2017 Subsequent Town Meeting II Thursday November 20, 2017 Subsequent Town Meeting III Monday`` November 27, 2017 Subsequent Town Meeting IV Monday; Approve liquor licenses I LeLacheur Annrove licenses ILeLacheur Office Hour Andrew Friedmann 6:30 FY19 Budget Review LeLacheur December 13 2017 Wednesday FY19 Budget Review LeLacheur December 18, 2017 ISchool Comm Budget Public Hearing IMonday FY19 Budget Review LeLacheur December 20 2017 Wednesday FY19 Budget Review LeLacheur January 8, 2018 School Comm Budget Meeting Monday' January 9, 2018 Financial Forum III Tuesday 6:30 Office Hour John Arena Thursday 6:30 Fehruary 7, 2018 FINCOM Budget Meeting (Schools) Wednesday Fehruary 8, 2017 FINCOM Budget Meeting (Town) ;` Thursday April 30, 2018 Annual Town Meeting III Monday January 11, 2018 School Comm Budget Meeting Thursday January 16, 2018 School Comm Budget Meeting Tuesday 6:30 January 18. 2018 School Comm Budget Meeting - Vote Budget Thursday 6:30 January 24, 2018 Financial Forum III Wednesday 6:30 February 1, 2018 Town Manager Budget to FINCOM Thursday Fehruary 7, 2018 FINCOM Budget Meeting (Schools) Wednesday Fehruary 8, 2017 FINCOM Budget Meeting (Town) ;` Thursday April 30, 2018 Annual Town Meeting III Monday February 13 2018 Tuesday; Office Hour John Halsey Tuesday 6:30 Office Hour Andrew Friedmann 6:30 February 14, 2017 FINCOM Budget Meeting (Mist.) j Wednesday February 15, 2017 1 FINCOM Budget Meeting - Vote Budget I Thursday Close Warrant for April Town Meeting LeLacheur March 7, 2018 FINCOM - Vote Annual TM Warrant Articles Wednesday March 13, 2018 ITuesday, Office Hour Dan Ensminizer 1 1 6:30 Office Hour Barry Berman 6:30 April 23, 2018 Annual Town Meeting I Monday April 26, 2018 Annual Town Meeting II Thursday April 30, 2018 Annual Town Meeting III Monday May 1' Tuesday Office Hour Andrew Friedmann 6:30 May 3, 2018 Annual Town Meeting IV Thursday May 7, 2018 Annual Town Meeting V Monday May 15, 2018 Tuesday June 5, 2018 Tuesday;' June 19, 2018 Tuesday Future Agendas Discuss Cell Tower project Percival Discuss Oakland Road land public process LeLacheur Finance dept Policies Angstrom Board of Selectmen Policies: Article 2 Volunteers, Boards and Committees Halsey Percy Avenue: improvements on a private way LeLacheur Downtown Parking Segalla Recurring Items Close Warrant: Nov'17 TM by 9/26 Close Warrant: Apr ' 18 TM by 2/27 Review BOS /TM Goals Dec & June Semi -ann Appointments of Boards & Committees June Annual Hearing Approve Classification & Compensation June Annual Hearing Tax Classification October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly Economic Development Director Mar -July -Dec Tri -ann RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual BOS Appointed Boards & Committees Annual Town of Reading 16 Lowell Street Reading, MA 01867 -2683 JULIE D. MERCIER Community Development Director Phone: (781) 942 -6648 Fax: (781) 942 -9071 j mercier@ci. reading. ma. us To: Zoning Board of Appeals CC: Josh Latham, Esq. (Applicant's counsel) / Chris Heep, Esq. (Town Counsel) / Parking Traffic Transportation Task Force / Board of Selectmen From: Julie Mercier, Community Development Director Date: April 26, 2017 Re: Schoolhouse Commons 40B — Feedback re: `No Parking' along Woburn Street On April 26, 2017, the Parking Traffic Transportation Task Force ( PTTTF) reviewed a recommendation for `No Parking or Stopping' signage along the south side of Woburn Street between the two entry /exit drive aisles for the proposed Schoolhouse Commons 40B at 172 Woburn Street (formerly St. Agnes School). In sum, disallowing parking and stopping on this stretch of Woburn Street should enhance visibility for drivers turning out of the proposed site exit drive. This recommendation was offered by Green International Affiliates as part of their Peer Review Report dated March 10, 2017, and agreed to by Vanasse & Associates, Inc. on behalf of the 40B Applicant, in their Response dated March 28, 2017, "subject to receipt of all necessary rights, permits and approvals as may be required from the Town to install the signs." The PTTTF supports this recommendation and offers the following comments: • The distance between the site entry and site exit is approximately 70 feet. • Due to the presence of a crosswalk along this stretch of Woburn Street, and the required distance between on- street parking and the crosswalk, there is essentially room for only 1 legal parking space. • Woburn Street intersects with Temple Street and Wenda Street in close proximity to the site. • Installing `No Parking or Stopping' signs along this portion of Woburn Street to allow for adequate sight distances is appropriate, will result in the loss of only 1 parking space, and may also enable a better safety condition for the nearby crosswalk and intersections. The PTTTF also notes the following: • During school drop -off / pick -up times, enforcing `No Parking or Stopping' in this area may be a challenge; however, the presence of a crossing guard will aid in pedestrian and vehicular safety. • `Do Not Enter' signs should be added to both sides of the site exit drive, and `One -Way' signs should be added to both the site entry and site exit. • Permission to install signs and /or make changes within a public right -of -way requires approval from the Board of Selectmen. PTTTF Members: Bob LeLacheur (Town Manager), Jean Dehos (Assistant Town Manager), Julie Mercier (Community Development Director), Jeff Zager (DPW Director), Jane Kinsella (Assistant DPW Director), Ryan Percival (Town Engineer), Chris Cole (Civil Engineer), Mark Segalla (Police Chief, David Savio (Safety Officer) Page 1 LeLacheur, Bob From: Blake Mensing <bmensing @miyares - harrington.com> Sent: Thursday, September 21, 2017 10:17 AM To: LeLacheur, Bob; Kraunelis, Matthew Cc: Ray Miyares Subject: 75 Pearl Lease Amendment Background for BoS Dear Bob and Matt, Here is the summary of the 75 Pearl Lease Amendment to provide the Board of Selectmen with background for its vote on the 26th. The First Amendment to the 75 Pearl Street Lease before you tonight is intended to more particularly describe that portion of the property that the Town leased in 1995 for the purposes of providing public access to the 15 Parking Spaces, the Access Drive, and the Soccer Field to the west of the buildings on the property. In addition, this Lease Amendment changes the administrative and collateral agent from the Massachusetts Housing Finance Authority to M &T Bank, updates the contact information for persons entitled to notice under the original Lease, and deletes several now - superfluous provisions. The primary reason underpinning the necessity for this Lease Amendment is that the Lessor is selling the property in the very near future to another entity. This Lease Amendment, which if fully executed, will be recorded at the Registry along with a revised Plan, will preserve the Town's access rights under the original 1995 Lease and it is to the Town's benefit that the leased premises will now be more particularly described. The Town's rights to the leased premises will survive the upcoming sale to a new owner and all future sales during the term of the 1995 Lease. Please let us know if you have any additional questions. Best, Blake Blake M. Mensing MIYARES AND HAR ING TON I.,LP 40 ( irove Strec t « Suite 190 - Wellesley; MA 024,82 l'cl C >17 -1�c }._1600 ( t. 12Ei i�ra� f��l'7- 189- 1(i_gO www.miyares- harrin ton.com Use of e -rnail is Inherently insceure, l lowever, this e- -mail and any attactiments contain attorney- client privileged material and are not sut')Ject to disclosure pursuant to the Public J?e(,.,or•ris I.crr -r; 11 G.L. c.4 51, cl. 20th and. c.66, §1.0. 1P you are not the int:endcd recipient. please note tlra:t any re icY , disclosure, distribution. Use or dupliCat.ion ol'this message and its attachments is prohibited. 11case notify the sender irnnrcdiately if'you lraxe received this e -mail in error. Thank you for your cool)cratiarr. LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on September 26, 2017 at 8:00 PM in the Selectmen's Meeting Room, 16 -Lowell Street, Reading, Massachusetts on the re- moval of a Board of Health Associate Member pursuant to Section. 8.12.1.a of the Reading Home Rule Charter. A copy of the . proposed document regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M -W- Thurs from 7:30 a. m. 5 :30 p.m., Tues from 7:30 a. M. 7:00 p.m. and is attached to the hearing notice on ` the website at www.readingma All interested parties are invited to attend the hearing*, or may submit their com ments in writing or by email prior to 6:00 p.m. on Sep- tember 26, 2017 to wn- m_ahager @ci reading m_us. By order of Robert W. LeLacheur Town Manager 171171 9/19/17 we November 2016 Town Meeting Art. # Article Description Sponsor Details Notes 5 (placeholder) 6 Dispose of 7 I Rescind Debt Authorization General Bylaw 8.9.7 (marijuana fines) 8 iAmend l General Bylaw recodification (18 9 1 subsections) Board of Selectmen Presentation - Police Chief Mark Segalla - - ... _— - -- -- -- Bylaw Committee Report ,Presentation -Paul Sylvester, Chair Bylaw Bylaw Committee Committee Bylaw Committee Report Board of Selectmen !for the Climate Presentation - David Zeek, Chair Reading Climate 10 General Bylaw - Plastic Bags I Advisory Committee Advisory Committee Bylaw Committee Report 69M COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Town of Reading: By virtue of this Warrant, I , on , 2017 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 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Public Library, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to November 13, 2017, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on .2017. Constable A true copy Attest: Laura Gemme, Town Clerk TOWN WARRANT J6.39 +INCOC�Q��P 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 the Local.Eiections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday November 13, 2017 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 °I To hear and act on the reports of the Board of Selectmen, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2018 -28 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule. Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2017, as adopted under Article 16 of the Annual Town Meeting of April 4, 2017; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or.otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 5 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine; or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to appropriate a portion of the premium paid to the Town upon the sale of bonds issued on June 30, 2017 to pay costs of capital projects and to reduce the amounts appropriated for such projects by the same amount; or to take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to amend the General Bylaw as follows: and A. Amend Section 8.9.7 (Public Consumption of Marijuana or Tetrahydrocannabinol) by deleting the second paragraph thereof in its entirety and inserting, in place thereof, the following: The Police Department may enforce the provisions of this section through any lawful means in law or in equity including enforcement by noncriminal disposition pursuant to MGL Chapter 40 Section 21 D. The fine for violation Of this section shall be One Hundred ($100) Dollars for each offense pursuant to MGL Chapter 94G Sections 13(c) and (g), and MGL Chapter 94C Section 32N. B. Amend the Table set forth in Section 1.8 (Non - Criminal Civil Disposition of Certain Violations of the Bylaw and any Rule or Regulation of a Town Officer, Board or Department) by deleting the figure "$300" wherever it appears on line 8.9.7, and inserting, in place thereof, the figure "$100." or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to amend the General Bylaw as follows: A. Delete Section 1.9 (Severability) in its entirety and insert, in place thereof, the following: If any provision of this bylaw shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of this bylaw shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Section 1.1 hereof. B. Delete Section 1.10.3 (He, His, Himself) in its entirety and renumber Section 1.10.4 (Inhabitant) as 1.10.3 C. Insert anew Section 1. 10.4 as follows: Local News Medium A newspaper or other means or channel of information communication to which the general public has access within the Town. D. Delete Section 1. 10.9 (Precincts) in its entirety and insert, in place thereof, the following: Precinct Each of the areas into which the Town is divided for the purpose of conducting elections. E. Insert a new Section 1.11 as follows: Number and Gender Words contained in this bylaw that import the singular number may extend and be applied to several persons or things; words that import the plural number may include the singular; and words that import the masculine gender shall include the feminine gender. F. Insert a new Section 1.12 as follows: Computation of Time In computing time under this bylaw, if seven (7) days or less is specified, only days that Town Hall is open to the general public shall be counted; if more than seven (7) days is specified, every calendar day shall be counted. and delete Section 4.1.5.3 (Computation of Time) in its entirety. G. Delete the words "local newspaper" from Section 2.1.6 (Posting of the Warrant) and insert, in place thereof, the words "Local News Medium." 0- H. Amend Section 2.2.1 (Conduct of Town Meeting) by: 1. Deleting the words "the bylaw or Charter" from Rule 4 and inserting, in place thereof, the words "this bylaw or the Charter." 2. Deleting the word "therefore" from Rule 4 and inserting, in place thereof, the word "therefor." 3. Deleting the word "money" from Rule 14 and inserting, place thereof, the word "funds." 4. Inserting, in Rule 19, a comma ( ", ") after the word "Time." I. Delete the words "some newspaper' from Section 2.2.4.3 (Posting and Advertising) and insert, in place thereof, the words "a Local News Medium." J. Amend all provisions of Section 2.2.7 (Removal of Town Meeting Members) by deleting the words "Section 2 -6 of the Charter," wherever they appear, and inserting, in place thereof, the words "Section 2.6 of the Charter." K. Delete the first two sentences of Section 2.2.7.2 (Precinct Recommendation) in their entirety and insert, in place thereof, the following: At a Precinct meeting held prior to consideration by Town Meeting of any warrant article submitted pursuant to Section 2.6 of the Charter, Town Meeting Members from each precinct shall adopt a recommendation to Town Meeting on whether each member from the precinct listed in such article should be removed from Town Meeting. L. Delete the first sentence of Section 2.2.9 (Rules Committee) in its entirety and insert, in place thereof, the following: The members of the Rules Committee, established under Section 2.12 of the Charter, shall meet no less than once every two (2) years. M. Delete the title of Section 3.2.1 (Town Treasurer - Collector) and insert, in place thereof, the following: Town Collector N. Delete Section 3.2.1.1 (Duties) in its entirety and insert, in place thereof, the following: Duties The Town Collector shall be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town, including taxes and fees. O. Delete Section 3.2.1.3 (Receipts) in its entirety. P. Insert a new Section 3.2.4 as follows: Town Treasurer 3.2.4.1 Duties 56D In addition to the powers and duties conferred and imposed upon Town Treasurers by the Massachusetts General Laws, the Town Treasurer shall: • Supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town; • Be the custodian of all funds, monies, securities or other things of value that are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein; • Invest all sums held in trust as he determines to be appropriate after consultation with the Board of Commissioners of Trust Funds; and • Distribute the income therefrom on the order of said Board. 3.2.4.2 Receipts The Town Treasurer shall, at least once in each week, pay over to the Treasurer's accounts all money received by him during the preceding week or lesser period, including any sum received as interest on moneys received by him on all accounts committed to him and deposited in any bank. He shall give bond to the Town for the faithful performance of his duties in a form approved by the Commissioner of Revenue and in such sum, not less than the amount that may be established by said Commissioner, as shall be fixed by the Selectmen. Q. Amend the first sentence of Section 3.3.2.2 (Recommendation to Town Meeting) by: 1. Deleting the first word "The" in the first sentence and inserting, in place thereof, the words "Unless otherwise stipulated in the Charter, the. 2. Inserting the words "or Subsequent" after the word "Annual." R. Amend Section 3.3.3 (Bylaw Committee) by 1. Deleting the word "bylaw" from the first sentence, and inserting, in place thereof, the words "Charter, this bylaw, Special Acts or local acceptance of State statutes." 2. Inserting, at the end of the first sentence, the words "and may also report on proposed changes to the Zoning Bylaw." 3. Deleting the words "included in the Finance Committee report" from the second sentence, and inserting, in place thereof, the words "made available in the same manner." S. Delete the title of Section 3.3.5.2 (Selection of Audit Firm), and insert, in place thereof, a new title, "Duties." T. Delete the words "Section 6 -4 of the Charter" from Section 5.2 (Resolution of Legal Matters) and insert, in place thereof, the words "Section 6.4 of the Charter." U. Amend all provisions of Section 5.3.1 (Procedure for Adoption) by deleting the words "Section 8 -7 of the Charter" wherever they appear, and inserting, in place thereof, the words "Section 8.7 of the Charter." and V. Amend the second sentence of Section 5.3.3 (Filing of Approved Rules and Regulations) by deleting the words "Section 8 -8 of the Charter," and inserting, in place thereof, the words "Section 8.8 of the Charter." or take any other action with respect thereto Board of Selectmen ARTICLE 10 To see if the Town will vote to amend the General Bylaw as follows: A. Insert a new Section 8.13 as follows: Section 8.13 REGULATION OF RETAIL CHECKOUT BAGS 8.13.1 Purpose The purpose of this Section is to regulate the retail use of plastic bags and adopt the use of reusable, recyclable and /or biodegradable bags for use at checkout. 8:13.2 Definitions The following words shall, unless the context clearly requires otherwise, have the following meanings: 8.13.2.1 "Checkout bag," a carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store. 8.13.2.2 "Compostable plastic bag," a plastic bag that: (1) conforms to the current ASTM D6400, the ASTM International "Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities" for compostability; (2) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by the Director. 8.13.2.3 "Director," DPW Director or the DPW Director's designee. 8.13.2.4 "Marine degradable plastic bag," a plastic bag that conforms to the ASTM D7081, the ASTM International "Standard Specification for Non - Floating Biodegradable Plastics in the Marine Environment" and conforms to any other standards deemed acceptable by the Director. 8.13.2.5 "Recyclable paper bag," a paper bag that is: (1) 100 percent recyclable; and (2) contains at least 40% post- consumer recycled paper content and is clearly labeled as such. a*. 8.13.2.6 "Reusable checkout bag," a bag with handles that: (1) can carry twenty -five (25) pounds over a distance of three hundred (300) feet; and (2) is either (a) made of cloth or other machine washable fabric, or (b) made of plastic that is durable, non - toxic, and generally considered a food -grade material other than polyethylene or polyvinyl chloride, and that is at least three (3) mils thick. 8.13.2.7 "Retail Establishment," any commercial enterprise including, but not limited to the following: restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, household goods stores and any other business that offers the sale and display of merchandise. 8.13.2.8 "Single -use plastic checkout bags," any plastic bag less than 3 mils thick. 8.13.3 Regulation 8.13.3.1 If any Retail Establishment provides plastic Checkout bags to customers, the plastic Checkout bags shall comply with the standards for Compostable plastic bags and Marine degradable plastic bags. 8.13.3.2 If a Retail Establishment provides Checkout bags, the Checkout bags shall be Marine degradable plastic bags, Reusable checkout bags, Compostable plastic bags or Recyclable paper bags. Retail Establishments are encouraged to make Reusable bags available for free or for sale to customers at a reasonable price. 8.13.3.3 Except as otherwise provided herein, Single -use plastic checkout bags shall not be distributed, used or sold for checkout or other purposes at any Retail Establishment within the Town of Reading. Existing stocks of Single -use checkout bags shall be phased out within six (6) months following the effective date of Section 8.13. 8.13.3.4 The following are exempt and not subject to the provisions of Section 8.13: o Bags used by customers to: • package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; • contain or wrap frozen foods, meat, or fish; • contain or wrap flowers, potted plants, or other items where dampness may be a problem; and o Laundry or dry- cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage, waste, pet waste or yard waste. 8.13.4 Administration and Enforcement 8.13.4.1 The Director shall have the authority to administer and enforce Section 8.13. In addition to any other means of enforcement, the provision of Section 8.13 and any regulations adopted pursuant thereto may be enforced by non- criminal disposition in accordance with the provisions of Section 1.8 and MGL Chapter 40 Section 21 D. ��30 and 8.13.4.2 Retail Establishments shall have fifteen (15) calendar days, after the date that a notice of violation is issued, to pay the penalty or request a hearing in writing to the Director. No more than one (1) penalty shall be imposed upon a Retail Establishment within a fifteen (15) calendar -day period. 8.13.4.3 In the event that compliance with Section 8.13 is not feasible for a Retail Establishment because of either unavailability of suitable Checkout bags or economic hardship, the Director may grant a waiver of.not more than six (6) months upon application of the owner or owner's representative. The Director may provide one (1) additional six -month waiver upon showing of continued infeasibility or hardship, as set forth above. 8.13.4.4 The Director may promulgate rules and regulations to implement Section 8.13. B. Amend the Table set forth in Section 1.8 (Non - Criminal Civil Disposition of Certain Violations of the Bylaw and any Rule or Regulation of a Town Officer, Board or Department) by adding, after line 8.12, a new line as follows: Bylaw '. Etforc�ng Penalty Penalty Penalty Bylaw Tale First offense . Second Acid�tional Section Offense Regulation of Director of 8.13 Retail Checkout Public Warning $50 $200 Bas Works or take any other action with respect thereto. Board of Selectmen 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 13, 2017, 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 _th day of '2017. , Constable John Arena, Chairman Barry Berman, Vice Chairman Daniel Ensminger, Secretary Andrew Friedmann John Halsey SELECTMEN OF READING 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 regul ious or bylaws are complied with. These requirements may include but not be limited to: 1 , _` ♦ A sworn statement that the applicant has paid all taxes and fees and other moneys owed ��o�eT4 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. 3.1.2 — 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, Bylaws, Rules and Regulations 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 Board of Selectmen Policies 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 puVy., ty, health, welfare and the promotion of public order. 3.1.6 - Delegation to the Town Manager W Authority to issue Certain Licenses The Board of Selectmen may, annu lly, 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 grantin enewal of such licenses at their next regular meeting following the issuance or ;renew t=qle�rwill Prior to approving a renewal, the Town 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 mid 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 revoke 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 This policy shall apply to all premises licensed for the sale and/or consumption of alcoho beverages and the issuance of all Special Licenses by the Licensin ority (Board of Select ) pursuant to its authority as the Licensing Authority of th own of Reading as determined b he Reading Home Rule Charter, Town of Reading aws, and the laws, rules and regulations o e Commonwealth of Massachusetts. The following e rt indicates which portion of t e regulations applies to which type of license: Category .2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 Retail Package Goods nse for All Kinds of Alco �ieverages X X not to be Drunk o ' e Premises Restaurant Li a to Expose, Keep for Sale, to Sell All Kinds of X X X Alcol yc Beverages to be Drunk e Premises 3 -2 Board �fSeleclmen Policies 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. rol +m�a �k tt� 7. The peddler's use may have noMimpact 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. Adopted 1048 -88, Revised 12- 13 -94, Revised 5 -25 -04 3-14 Board of Selectmen Policies �q �t Section 3.4 Issuance of Class I, II and III Motor Vehicle Licenses Chapter 140, Sections 57 -69 of the Laws of the Commonwealth, provide for the regulation of Class I, II and III licenses for the sale of motor vehicles. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Class I, II and III Motor Vehicle Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class 1, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of Selectmen a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and II Licenses, all the requirements of Chapter 90, Section 7N '/a and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building /Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class 1, II or III Motor Vehicle Licenses unless the Board of Selectmen shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit: ♦ The maximum number of vehicles offered to be sold at any one time shall be established. ♦ The location of vehicle(s) to be sold will be specifically stated. 3 -15 Board of Selectmen Policies ♦ The location of the repair facility will be specifically stated. ♦ There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other consumer information to be attached to the vehicle in a manner so as not to detract from the general appearance of the site. Adopted 12- 13 -94, Revised 5 -25 -04 ix Section 3.5 - Issuance of Taxi and Vehicle for Hire Licenses This Section shall be known as the "Town of Reading Rules and Orders for the Regulation of Carriages and Vehicles Used in the Town of Reading, promulgated pursuant to U.L.C. 40, Sec. 22 ". 3.5.1 - Applicability of Rules and Orders Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles ") operating or caused to be operated by non - governmental entities for the transportation of persons from place to place within the Town, or from a point in the Town to another location outside the Town, other than over regular routes or between fixed termini, shall be subject to these rules and orders to the extent provided below. 3.5.1.2 - Definition of Livery Livery shall mean a private vehicle licensed as such, including but not limited to, limousines which are used for pre - arranged trips for particular occasions such as weddings, funerals, celebrations or school transportation. 3.5.2 - License 3.5.2.1 - License Required No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without a license first having been obtained for that vehicle from the Board of Selectmen. Each vehicle shall require a separate license. 3.5.2.2 - Application Applications for a license shall be made in writing to the Board of Selectmen and shall provide the following information: 1. The name and address of the applicant, if an individual; or if a corporation, the name, date of incorporation, address of its principal place of business and the name and address of its officers; or if a partnership, association or unincorporated company, the names and addresses of the partners or associates and the address of its principal place of business. 2. The intended place of business within the Town of Reading. 3. The name of the manager or principal representative. 4. Proposed hours of operation, description of proposed vehicle including the make, model, Vehicle Identification Number and age of the vehicle. 3-16 Board of Selectmen Policies 3.5.2.3 - Review by Chief of Police No license shall be granted by the Board of Selectmen until the application has been reviewed by the Chief of Police. Ten (10) working days to be allowed for such review. As a condition of issuance and retention of the license, the owner and all employees of the licenses shall make available to the Police Chief or his designees, the manifest used by the taxi company. "Manifest" means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. 3.5.2.4-- Grant or Denial The Board of Selectmen may upon receipt of an application, issue a license under such terms and conditions. as they deem appropriate and in the public interest. The Board, in determining whether to issue a license, may consider the public demand or the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. 3.5.2.5 - Term and Fee Any license issued hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of Selectmen. The fee for each license issued shall be fifty dollars ($50.00) per license. This fee shall not be prorated. 3.5.2.6 - Notification as to Vehicle If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Board of Selectmen: 1. The make, model, Vehicle Identification Number and age of the vehicle. 2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles. 3. A copy of the certificate of insurance coverage page for the vehicle. 3.5.2.7 - Insurance A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less than $100,000 per person/$300,000 per accident. 3.5.2.8 - Liability The licensee is at all times responsible for his vehicle and shall be liable for all penalties and/or damage resulting from his operation of the vehicle or the operation of the vehicle by an employee or agent. 3.5.2.9 - Suspension or Revocation The Board of Selectmen may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall 3-17 Board of Selectmen Policies be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. .r-jThe Town Manager may temporarily suspend a license without a hearing for a period of no greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle. 3.5.2.10 - Assignment or Transfer Prohibited No license shall be assigned or transferred. 3.5.3 - Permit 3.5.3.1 - Required No person shall operate a vehicle, and no licensee shall employ or allow a person to operate a vehicle, unless the operator first obtains a permit from the Board of Selectmen. 3.5.3.2 - Minors No permit shall be issued to a person under eighteen (18) years of age. 3.5.3.3 - Application Applications for a permit shall be made, in writing, to the Board of Selectmen and shall provide the following information: 1. Full name and address. 2, Copy of a valid operator's license issued by the Registrar of Motor Vehicles. 3. All previous experience operating a vehicle for hire. 4. Convictions or pleas of guilty to a criminal offense, except as outlined below. If any, state the offense(s), court(s) in which convicted or guilty plea occurred and when the conviction(s) or plea(s) occurred. The following criminal information is not and shall not be requested, examined or considered by the Board of Selectmen: ♦ Arrests, detentions or dispositions in which no conviction or guilty plea resulted; ♦ Convictions which have been reversed or vacated but not pardoned; ♦ Misdemeanor convictions or guilty pleas when the date of conviction or plea was greater than ten (10) years prior to the date of application for the permit; �' ♦ Traffic violations for which there was a finding of responsibility for a period of two (2) years prior to the date of application for the permit or for such period of time as the Board of Selectmen shall request. Failure to give accurate and complete information as required above may be grounds for denial, suspension or revocation of a permit. 3.5.34 - Review by Chief of Police No permit shall be issued by the Board of Selectmen until the application has been reviewed by the Chief of Police or his designee. Ten (10) working days to be allowed for such review. 3.5.3.5 - issuance or Denial 3 -18 Board of Selectmen Policies t � '00\ An applicant shall be granted a permit only if the Board of Selectmen determines that granting a permit to the applicant is in the best interest of the public. Criminal convictions or pleas of guilty shall not result in an automatic denial of an application but shall be given significant consideration and weight by the Board of Selectmen, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea, and the sensitive nature of serving the public as a driver of a vehicle for hire. 3.5.3.6 - Term and Fee Any permit granted hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of Selectmen. The fec for a permit shall be fifty dollars ($50.00). This fee shall not be prorated. 3.5.3.7 - Picture Identification Card A picture identification card shall be issued by the Board of Selectmen, or its designee, to each permit holder, and shall be displayed prominently in the vehicle when being driven by the permit holder. 3.5.3.8 - Liability A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and /or damage resulting from his operation of the vehicle. 3.5.3.9 Suspension or Revocation The Board of Selectmen may suspend or revoke a permit granted under the provisions of this article for .good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the Board of Selectmen. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar day prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above, if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation by the permit holder. In no event V shall a temporary suspension be for a period greater than ten (10) calendar days. 3.5.4 - Operation ,- 3.5.4.1 - Duty to Transport A permit holder shall not unreasonably refuse to transport a passenger. Py 3.5.4.2- Sharing a Ride No permit holder shall accept a passenger when the vehicle is occupied or engaged without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay any extra fare or fee for refusing such consent. Separate fares shall not be charged to members 3-19 Board of Selectmen Policies of the same party. A party shall be considered any number of individuals (not exceeding the passenger capacity of the taxi) with the same origin and destination. 3.5.4.3 - Taxi Stands - Parking — Standing The Board of Selectmen may assign a taxi stand or stands to one or more taxicabs. The Board of Selectmen may also designate specific areas, streets or ways where vehicles may not park of stand. Standing and/or parking on public ways or public property of vehicles not licensed in the Town of Reading is prohibited except while waiting to return a party whose original point of hire was from outside of Reading, when operating in accordance with a Massachusetts Department of Public Utilities license, or when being used for personal (non- vehicle for hire) purposes. 3.5.4.4 . Maintenance of Vehicles Every vehicle shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior of the vehicle shall be safe, clean and sanitary at all-times. 3.5.4.5 Inspection The Reading Police Department or its designee shall have the right to inspect any vehicle for purposes of these regulations or as public safety requires. 3.5.4.6 - Smoking Smoking in a vehicle is prohibited.��"1•r' 3.5.4.7 - Appearance of Operator 0 Every driver having charge of a licensed vehicle shall be suitably dressed sleeved shirt), neat and clean in appearance. 3.5.4.8 - Display of License. Picture Identification Card and Rates of Pare_ Every vehicle when in operation shall display the following cards in a suitable frame so that they are secure and immobile and plainly visible to passengers riding in the rear of the vehicle: 1. License 2. Picture identification card of driver 3. Fares (taxicabs only) 3.5.4.9 - Lettering on Taxicabs Every taxicab operating under the authority of these rules and orders shall have the name or trade name of the licensee and the name "Town of Reading" or "Reading painted on both sides of the taxicab in letters four inches high and one -half inch wide, painted in two conspicuous places on the taxicab. 3.5.4.10 - Copy of Regulations Every vehicle shall, when in operation, contain a copy of these regulations, which shall be exhibited to any passenger or Police Officer on request. The licensee and permit holder shall be responsible for the implementation of this requirement. 3-20 Board of Selectmen Policies 3.5.5 - Fares 3.5.5.1- Taxicabs The Selectmen shall establish the rates of fare for the conveyance of passengers and baggage, and may revise such when they so determine. The rate of fare shall be governed by fare zones and shall be on file at the Office of the Town Clerk. 3.5.5.2 - Separate Fares Separate fares shall not be charged to members of the same party. 3.5.5.3 Senior Citizen Discount Fares for all persons sixty (60) years of age and older shall be discounted in accordance with a schedule approved by the'Board of Selectmen. When discounted rates are offered, they must be offered to all senior citizens using a taxicab pursuant to the licensing established in this policy. There shall be displayed a sign informing the passengers of the discount. 3.5.5.4 - No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the Board of Selectmen under the authority granted by these regulations. 3.5.5.5 - Livery Rates Charges by liveries shall be subject to mutual agreement between the livery operator and the passenger(s). 3.5.6 - 'Information Update and Penalties 3.5,6.1 - Information Update When any information provided in an application for a license or permit changes or is updated, the respective licensee or permit holder shall give notice thereof, in writing, to the Board of Selectmen. 3.5.6.2 - Penalties The penalty for a violation of any of these rules and orders shall be a fine equal to the fine for a violation of Town Bylaws as set forth in Article 1.5 of the Town Bylaws. Violation of any of the rules and orders herein shall be just cause for suspension or revocation of a license and/or permit. Adopted 7- 18 -89, Revised 12- 13 -94, Revised 5 -25 -04 3-21 Board of Selectmen Policies Section 3.6 — 1nnholders and Common Victualler's Licenses Chapter 140, Sections 2 of the Laws of the Commonwealth, provide for the licensing of Innholders and Common Victuallers. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and xuling upon applications for Innholders and Common Victualler's Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Innholders and Common Victualler's Licenses will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre- dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 3. The applicant shall provide to the Board of Selectmen proof of ownership, a lease, or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 4. The applicant shall provide to the Town a plan of the premises to be licensed, including an accurate count of the number of seats available. If outdoor seating is to be required, this shall also be included on the plans. 5. The applicant must show through plans or other means that there is adequate space on the premises for all aspects of the proposed operation, including employee and customer parking, in accordance with the Zoning By -Laws of the Town of Reading. 6. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 7. Prior to the issuance of an Innholders and Common Victualler'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. For establishments licensed as Innholders and Common Victualler's, patrons are not permitted to bring alcoholic beverages onto the premises for their own consumption. Licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in the preparation of certain specialty- cooked foods. The Board of Selectmen as Licensing Authority will at its discretion determine what is reasonable for this purpose, and whether or not it is customary in the preparation of such specialty foods. This policy shall not apply to establishments that hold valid liquor licenses. Adopted 3- 12 -96, Revised 5-25-04 3-22 Board of Selectmen Policies \ Section 3.7 — Entertainment Licenses Chapter 140, Sections 183A of the Laws of the C mmonwealth, provides for the licensing of "Theatrical Exhibitions, Public Amusements, etc." The Board of Selectmen , as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Entertainment Licenses: 1. Each application will be dealt with on a case by case basis. 2. Each entertainment device shall be separately licensed, and licenses shall be issued only for premises located in a commercial or industrial zone, or where the premises is otherwise suitable for such a license. 3. A site may be licensed for live entertainment for a full calendar year, or for each event, as the Town may determine. If each event is separately licensed, a separate application shall be made and a separate fee shall be charged for each event. 4. For each live entertainment event, the applicant shall furnish complete information as to the type of concert, exhibition, dance, or public show that is requested; the condition of the premises; and the actions proposed to prevent danger to the public health, safety or order. 5. For each live entertainment event, the licensee shall be required to protect employees, patrons, and members of the public, both on and off the premises, from disruptive conduct, criminal activity, and from health, safety and fire hazards. 6. For each live entertainment event, the licensee shall be required to prevent the unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises. 7. For each live entertainment event, the licensee shall be required to prevent an unreasonable level of pedestrian or vehicular traffic in the area of the event, and to prevent the unreasonable level of increased parking in the area of the premises. 8. The Town may require a Police or other detail at live entertainment venues, depending upon the anticipated attendance at the event, and also depending upon the nature of the event. The decision as to require a Police or other detail shall be solely at the discretion of the Town. 9. Prior to the issuance of an Entertainment License for live entertainment, the Board may require a review by the Health Division, Fire Department, Police Department, and the Building/Zoning Inspection Division, and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Revised 5 -25 -04 3-23 Board of Selectmen Policies 4 r Section 3.8 — Licenses for Automatic Amusement Devices Chapter 140, Sections 177A of the Laws of the Commo ealth, provide for the licensing of "Automatic Amusement Devices." The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Licenses for Automatic Amusement Devices. Automatic Amusement Devices include those that are coin or otherwise operated, as well as those that are free for play: 1. Each application will be dealt with on a case by case basis. 2. Licenses for Amusement Devices other than clubs will be subject to a hearing by the Board of Selectmen. 3. Automatic Amusement Devices licensed under this policy shall be so installed on the premises so as to be in open view at all times while in operation, and shall at all times be available for inspection. 4. No person keeping or offering for operation or allowing to be kept for operation any automatic amusement device licensed under these policies shall permit the automatic amusement device to be used for gambling. A device that rewards the player with free play on that machine shall not be considered to be gambling. 5. Prior to the issuance of a License for Automatic Amusement Devices, the Board may require a review by the Police Department and the Building /Zoning Inspection Division, and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Revised 5 -25 -04 3-24 Board of Selectmen Policies 4\1 Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience, These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to to be dealt with by the Board but are merely guidelines to the app icant: S4wlhybpje� r~ 1. Approval will be granted for businesses within a commercial or industrial zoning district AO-r, '�j only. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive - thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3-25 Board of Selectmen Policies 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126101 3-26 Board of Selectmen Policies Section 3.10 — Licenses for Utilizing Public Sidewalks for Outdoor Dining The Board of Selectmen desires to encourage restaurants to provide outdoor dining on public sidewalks in the downtown area of Reading in a safe and orderly manner. These regulations are adopted pursuant to Section 5.2.1 of the General Bylaws of the Town of Reading, which provides in part that "No person shall place or cause to be placed any obstruction in any street, public place or private way in the Town without permission of the Board of Selectmen...." Outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining on a public sidewalk, upon site plan approval by the Community Planning and Development Commission. This policy addresses only outdoor dining on public sidewalks. The following regulations shall apply for licenses for utilizing public sidewalks for outdoor dining, or "Outdoor Dining Licenses ": Apulication 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the Applicant. 2. Applications for Outdoor Dining Licenses utilizing public sidewalks shall be made to the Board of Selectmen by submission of an Application Form. The application will include the name, address, email address, and telephone number of the owner of the building within which the restaurant is located, proof of ownership, a lease, or written approval of the property owner within which the restaurant is located (if other than the applicant) for the use of the premises for the license period. The application shall be signed by the owner of the restaurant and shall be accompanied by a copy of the current Permit to Operate a Food Establishment issued by the Board of Health. 3. The application shall also include 10 copies of a professionally drawn plan and all supporting documents containing the information required in order to be able to make a decision as to the license, and shall also include a plan for outdoor lighting if any is proposed. 4. The License is revocable at will by the Town for any reason whatsoever upon written notice to the Licensee from the Town. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity or otherwise. 5. Outdoor Dining Licenses shall be issued only to Inn- holders and Common Victualers for portions of public sidewalks directly abutting their business, and will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre -dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 6. Prior to the issuance of a license for outdoor dining on public sidewalks, the Board may require a review by the Community Services Director, Health Services Administrator, Police Chief, Fire Chief, Town Engineer, and the Building/Zoning Inspector and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3-27 Board of Selectmen Policies t', �\�p Sale and Service of Alcoholic Beveraaes 7. Pursuant to section 5.5.6 of the General Bylaws of the To of Reading, the Board of Selectmen may permit service and consumption of a ohol while on a public way. Therefore, the Board of Selectmen may approve the modification of a plan of the "licensed premises" pursuant to Section 3.2 of the Board of Selectmen policies, for: • Restaurant Licenses to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises; and • Restaurant Licenses to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises (less than 100 seats) to allow alcohol service and consumption on a sidewalk area as part of a "Licenses for Utilizing Public Sidewalks for Outdoor Dining." 8. Applicants who hold an alcoholic beverages license and who elect to apply for an Outdoor Dining License which would include sale and service of alcoholic beverages shall provide a detailed alcohol control plan/strategy as part of their Outdoor Dining License application packet. The alcohol control plan shall include what steps the manager shall take to ensure that alcohol remains only on the licensed premises (including the sidewalk area). Such a plan/strategy may include signage, staff instructions, monitoring of the outdoor dining area, etc. The applicant shall also submit as part of the application packet the alcohol server training certificates for all managers and servers of the restaurant which is licensed to sell alcoholic beverages. 9. There shall be no service of alcohol in an outdoor dining area unless the customer also orders food from the menu. Standards for Operation 10. The area licensed for outdoor dining shall be limited to the sidewalk area immediately abutting an establishment otherwise licensed as a "Common Victualer ", and the licensee shall limit the placement of seating and other outdoor furnishings to the sidewalk immediately in front of the licensed establishment. 11. There shall be no bar or service bar located on the public sidewalk. All alcohol service shall be limited to customers who are seated at a table. 12. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an outdoor dining area will not be considered an increase in the number of seats serving a restaurant or eating establishment and will not be counted toward any off - street parking requirement 13. Outdoor dining areas shall be considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to any other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 14. The Board of Selectmen may require outdoor dining areas to be separated from their surroundings by a temporary removable perimeter barrier. No such barriers may damage the public sidewalk. 15. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. 3 -28 Board of Selectmen Policies 5k�� 16. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. 17. The licensee shall be responsible for keeping the portion of the sidewalk subject to an Outdoor Dining License clean and free of dirt, dust, and other debris from April 15 through October 31 of each year. In addition, the Outdoor Dining Licensee shall be responsible for preventing and /or cleaning up litter from the licensed establishment in areas abutting the licensed premises. 18. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. Restaurants shall have an accessible path of travel at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area. 19. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance wish their procedures and regulations. 20. The Outdoor Dining License shall be considered annually and every license shall expire on December 31 of each year, subject to renewal. No facilities or furniture shall be placed on the sidewalk as part of the license except for the period between April 15 and October 31 of each year. 21. Within the period from April 15 to October 31, upon notification from the Department of Public Works or from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. Administrative Requirements 22. If the license is approved by the Board of Selectmen the owner and operator of the restaurant shall sign a License Agreement and shall provide a required Certificate of Insurance before issuance of the License and before commencement of any activities under the License. 23. The Licensee shall provide evidence of insurance as required by the Town Manager and by State Statute. Such insurance shall cover the use of all equipment related to the premises related to the Outdoor Dining License. The Comprehensive General Liability Policy shall insure against all claims and demands for bodily injury and property damage with respect to the sidewalk dining facilities and services, and the Town shall be named as an "additional insured" in all policies of such insurance. If alcohol sale and service is to be part of the outdoor dining license, a liquor liability insurance policy shall also be required. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the Outdoor Dining License. 24. The Licensee shall comply with all applicable laws (including the sign portions of the Zoning by- laws), rules, regulations, and conditions of other licenses and permits. 25. The license fee for the use of the public sidewalk shall be $100 per year and shall be payable upon initial application for an Outdoor Dining License, and for annual renewal of the license. 3-29 Board of Selectmen Policies \% In granting a License, the Board of Selectmen may impose such additional conditions as it determines to be appropriate. Adopted 7 -14 -09 amended 5/11 /10 3-30 Board of Selectmen Policies t- � \,\ MIA Section 3.11 -- Permit /License for Portable A -Frame /Sandwich Board Signs i` At the 2010 Annual Town Meeting, Section 6.2. "Signs" of the Zoning By -Law was amended to permit the use of Portable A -Frame or Sandwich Board signs in the Business B Zone. Prior to this zone change, Portable A -Frame signs were prohibited by zoning. The amended sign by -law stipulates that Portable A -Frame signs fall under the regulatory control of the Board of Selectmen. Applicants will be required to apply to the Board of Selectmen for an annual permit. The following policies regulate the use and installation of A -Frame and Sandwich Board signs. 3.11.1 - Nirnose and Intent This policy is developed in order to promote a pedestrian friendly community that supports businesses. The regulation of Portable A- Frame /Sandwich Board Signs is intended to balance the aesthetic, safety, and economic development needs of the community. By regulating this use, sidewalk access will be preserved for pedestrians, particularly those with disabilities; and required ongoing maintenance of sidewalks including snow and ice control can be accomplished. 3.11 .2 - Requirements and Rules - Portable A -I+ rime /Sandwich Board signs General: 1. A license and annual permit from the Board of Selectmen is required rigor to the placement of any Portable A- Frame /Sandwich Board sign. 2. Permits are valid for one calendar year (January 1 — December 31S) or remainder thereof, and must be renewed annually. The license to utilize the public way will continue as long as a permit is issued and renewed for consecutive years. 3. Portable A- Frame /Sandwich Board signs are permitted in the Business -B zoning district only. 4. The Board of Selectmen will generally issue licenses and permits only for retail business uses and consumer services, excluding banks, realtors, attorneys, medical practitioners, and other similar business uses for which a portable /sandwich board sign is not usual and customary. Size and Location: 5. The maximum height of a Sign shall be 4 feet; 6. The maximum sign area shall not exceed 6 square feet per side, with no more than 2 sides; 7. Portable A -Frame /Sandwich Board signs: • May be on public or private property; • Shall be located within 15 feet of the business entrance (unless granted a visibility hardship); • Must be located so as to leave a minimum of 4 feet (48 inches) of an unobstructed walk -way for safe pedestrian passage and shall not obstruct pedestrian movement; • Shall be subject to all requirements for handicapped accessibility • Must be located in a manner that does not obstruct site lines or vehicular traffic; 3 -31 Board of Selectmen Policies 5� ao • Must be located at least 20 feet from the intersection on corner lots; • Shall be located at least 20 feet from another Portable A- Frame /Sandwich Board sign; • May be placed in a permitted location only during business hours of operation, and must be removed at the end of the business day. • May not be located on landscaped islands or other planted areas; • Must be freestanding and not attached to any public appurtenance such as a bus shelter, sign post„ light fixture, trash barrel, bench or other similar item; • May not include attachments like balloons, flags, banners, lights, reflectors, or other items; • Must be sufficiently weighted to prevent it from blowing over. 7. Visibility Hardship - Businesses may apply for a hardship for placement of signs on the major access roads due to their location in an alleyway or other area that restricts visibility of the business from major roads. Applicants shall demonstrate this hardship with photos or other supporting documentation. If a hardship approval is granted, signs shall be located on the street closest to the business. All of the other requirements for Portable A -Frame /Sandwich Board signs shall apply. Other 8. The sign shall be maintained in good condition; 9. Only one portable A -frame sign per businesses is allowed; 10. The sign material shall be weather resistant, shall not be reflective, and shall not include any type of illumination; 11. Portable signs shall be removed during a declared snow emergency. 12. The sign permit is non - transferable and application for such permit must be from the business owner (not the sign installer /maker). 13. The permit is not valid for any other business or location other than what was approved by the original permit, and the advertising on the sign shall only apply to the business for which the permit was granted. 4 .XPolitical statements or messages are prohibited. 5. Applicant shall indemnify the Town of Reading or its agents from damage to signs resulting from plowing or other public works maintenance. 16. Applicants must be current on all taxes or fees owed to the Town prior to the application for a permit. Application 17. The application fee for a license and permit for a Portable A- Frame /Sandwich Board sign shall be $50.00 for the first year or part thereof, and $25 per year for annual renewals. 18. Each application will be considered on a case by case basis. 19. Two copies of the completed application form and all the required attachments and supporting material shall be submitted. 20. The application shall include: • business name and address; • business owner contact information with email address and telephone number; • ownership status of the business as a property owner or tenant, demonstrated by proof of ownership or lease; if a tenant, written permission from the property owner is also required. 3-32 Board of Selectmen Policies • color drawing of the proposed sign and a site /plot plan (to scale) showing the proposed sign location and dimensions of the sidewalk, distance to the business entrance, and relationship to adjacent buildings, roads, driveways, and other street amenities such as trash receptacles, fire hydrants, utility fixtures, etc. • t-yvee of sign message. There is nothing to preclude the business owner from changing the specific message during the year, and if the business owner's intent is to change the message frequently — i.e. restaurant's special of the day — then they should specify that in their application. • photographs of the area where the proposed sign is to be located, showing the storefront, building(s), the existing signs, abutting properties and the streetscape surrounding the proposed sign. • materials and colors of the sign shall be described in the application and on the drawings. 21. The sign shall not be installed until the owner has received the sign permit and license authorization from the Board of Selectmen. 22. Signs placed in violation of this policy may be removed immediately by the Town at the sign owner's expense. 23. The permit fee for a Portable A -frame / Sandwich Board Sign installed without a sign permit will be double the regular sign permit fee Permit Renewal 24. For renewals of permits and licenses, a simple submittal of the completed application without attachments will be sufficient if none of the parameters of the initial license and permit have changed. 25. The Board of Selectmen reserves the right to renew or not renew the license and permit in its sole discretion. 26. The Board of Selectmen may delegate the process of renewal of licenses and permits. Administrative >Fteaairements 27. The approval of a permit and license or the renewal of a permit and license shall be subject to the execution of a License Agreement and submission of proof of Liability Insurance naming the Town of Reading as an additional insured. 28. The Authority to initially approve and license, and to approve renewals and re- license A- Frame signs is hereby delegated to the Community Services Director /Town Planner. Any decision by the Community Services Director /Town Planner regarding A -Frame signs may be appealed to the Town Manager, and the Town Manager's decision is subject to further appeal to the Board of Selectmen. The Board of Selectmen decision in such cases shall be final. Approved 10/5/10 Amended 1 -4 -11 3 -33 Board of Selectmen Policies as Board of Selectman 1.6 Lowell Street Reading, MA 0186 CARDINAL'S OFFICE 66 BROOKS DRIVE BRAINTREE, MASSACHUSETTS 02184 -3839 2017 AU C, *70 AN 7: S 617-782-2544 August 28, 2017 Dear Board of Selectman, It gives me great pleasure to invite you to join me on October list for a special Mass in thanksgiving to God for all the men and women who serve our communities as public safety personnel. This Mass will take place at 12.00 p.m. on Sunday October 1. 2017, at Saint Theresa of Avila Parish, West Roxbury. Invitations have been sent to hundreds of agencies throughout the Archdiocese of Boston, which comprises one hundred forty four cities and towns in Eastern Massachusetts, and we encourage all public safety personnel and their families, regardless of their faith, to be part of this special Mass. It is important to show these men and women, as well as their families, that we support them and pray for them. They are our heroes and heroines, and we wish to pay tribute to them and ask for God's blessings upon them. During this Mass we also wish to remember those who have died in the line of duty and to honor their families. Your presence at this Mass will be an honor for those who have made the ultimate sacrifice for our safety and security. In order- to plan accordingly, I would kindly ask you to respond using the enclosed R.S.V.P. card no later than Friday, September 22nd. Allow me this moment to thank you again for your continued service to the public, and to assure you of my prayers for you and all those who serve along with you. Looking forward to thanking you in person at the Public Safety Mass, I am Sincerely yours in Christ, Archbishop of Boston M � � � � � � � � 3 co � \ « OFl�F Town of Reading y Ar Water Department 16 Lowell Street rs39'INCO 0 Reading, MA 01867 -2683 www.readingma.gov /water- division WATER QUALITY & SUPPLY emysliwy @ci. reading. mams 781- 942 -9092; option 3 then option 2 September 11, 2017 MassDEP Attn: Commissioner Martin Suuberg, Commissioner One Winter Street, 2nd Floor Boston, MA 02108 RE: Mass Rivers Alliance Petition re: Conditioning Registrations Dear Commissioner Suuberg: The Town of Reading's water system currently holds a registration that authorizes the withdrawal of water under the Water Management Act (WMA). The Town of Reading has a direct interest in the petition submitted by the Massachusetts Rivers Alliance (Alliance) requesting that the Department of Environmental Protection (Department) promulgate regulations to impose conservation conditions on all WMA Registrants. For the reasons outlined below, I am writing to urge the Department to deny the petition. Those from our profession involved in the original negotiations regarding passage of the WMA in 1986 know that it was always the intent of the Legislature to grandfather these registered volumes and provide for unfettered access to them in perpetuity. In the Fairhaven case, the Supreme Judicial Court affirmed that the Department could not infringe upon the Registrants' entitlement to existing withdrawals. The conditions that the Alliance wishes to see imposed would most certainly infringe upon Registrants' entitlement to their existing withdrawals. As required by an August 6, 2006 Administrative Consent Order (ACO), the Town reduces its withdrawals pursuant to. its registration statement by the volume of water it purchases from the Massachusetts Water Resources Authority (MWRA). The Town also continues to retain ownership and control of the Zone I (400' radius) and to provide zoning protection of the Zone II (well recharge area) of the Town's emergency water supply wells and wellfield. As a condition of the ACO, the water supply wells and wellfield continue to be maintained as an emergency water supply to pump water to the distribution system with disinfection capabilities. All nine (9) of our Town wells are exercised monthly; all such wells are ready and operational in the case of a water supply emergency. Additionally, per the ACO, The Town imposes mandatory Level 2 Water Restrictions for our residents all year long. The Town intends to take all appropriate steps to retain indefinitely the water rights established by Chapter 405 of the Acts of 1889 ( "An Act to Supply the Town of Reading with Water "), which were secured and paid for more than a century ago. Through WMA Registration #3172460, Reading firmly intends to maintain its withdrawal rights to the Ipswich River Basin of 2.57 MGD with an annual volume of 938.05 MGY. To this end, the Town recently submitted a Renewal Registration Request to allow its grandfathered water withdrawal rights to be continued for an additional ten years beyond 2017. On July 6, 2017, MassDEP did respond to the Town with confirmation that as outlined in MassDEP's letter sent to registrants on June 9, 2017; Reading's existing Water Management Registration Statement has been extended four years by the Permit Extension Act and therefore is and will remain in effect through December 31. 2021. It was as well stated in July 6, 2017 letter that MassDEP intends to take action in 2021 at which time Reading will be contacted regarding their renewal and provision of the necessary 2021 MassDEP Water Management Registration Forms due June 30, 2021. Our core responsibility as water suppliers is to provide the most essential service to our customers - clean, safe drinking water with adequate water service for emergency supplies. We are environmental stewards of the water resources in our community, for without adequate protection of the resources, we would not be able to deliver the service that we are required to provide. The Reading Water Department has programs and actions of betterment far beyond what is required by MassDEP for Public Water Systems (PWSs). The Reading Water Department has taken the initiative to go above and beyond mere compliance with MassDEP regulations. An example is the Town's aggressive Water Conservation Program (WCP). The Program incorporates an emphasis on rebates for low -flow washing machines and toilets, irrigation system rain sensors, and rain barrels, along with free home and irrigation water system use audits with resident water use reports. Since 2003, the Reading Water Department also has offered home water saving devices for Reading residents free of charge. Reading's WCP also has a very effective and important educational component. Together with the MWRA, water conservation presentations are made to Reading's entire 3rd grade Elementary School Classrooms each year. These presentations focus on teaching water conservation best practices to our residents and their families. Reading's WCP results can be seen in our numbers. In 2007 Reading's average water daily per capita use was 54.5 gallons per person per day. After ten years of maintaining and cultivating an effective WCP, Reading's average daily per capita water use is down over 10% from 2007. Reading residents now consume 48.7 gallons per person per day, roughly 25% below the State required 65 gallons per person per day. Reading's Water Department has been recognized by MassDEP on multiple occasions for its Outstanding System Performance and Water Conservation Programs as well as for consistently achieving one of the top scores in the Consecutive Water System Category of the MassDEP Public Water System Awards Programs. Reading believes that the petition should be rejected on the basis that it would create a burden for the regulated community, while providing no assured public health or environmental benefit. The idea that water conservation condition or, for that matter, any conditions could or should be imposed on registered water systems is a solution looking for a problem. Taken to an extreme, such an action would challenge and undermine a basic tenet of water system rights negotiated in good faith over 30 years ago. 0=0 Reading's unique situation illustrates the senselessness of the proposed regulations. They are a blunt instrument that would require additional conservation measures where they have not been determined to be needed. The Water Management Act did not purport to abrogate existing water rights, and the Department should not consider taking.steps that lead to results that the Act did not intend. We request that MassDEP send us back its acknowledgment of this letter; we thank you in advance. Sincerely, OFG� Erik J. Mysliwy Water Quality & Supply Coordinator DPW Safety Coordinator Town of Reading cc: Matthew Beaton, Secretary, Mass EEA; env.internet astate.ma.us State Senator Jason M. Lewis; Jason.Lewis@masenate.jzov State Representative Bradley H. Jones Jr.; Bradley.Jonesgmahouse.gov State Representative James J. Dwyer; James.Dwyergmahouse.gov Reading Board of Selectmen; Selectmengci.reading m Bob LeLacheur, Town Manager, Town of Reading; blelacheurgci.reading ma.us Jeff Zager, Director of Public Works, Town of Reading; izagerkci.reading ma.us Jane Kinsella, Assistant Director of Public Works, Town of Reading; jkinsellagci.reading ma.us Peter Isbell, Water & Sewer Supervisor, Town of Reading; pisbellgci.reading ma.us M OFR�q� -� Town of Reading y 16 Lowell Street o Reading, MA 01867 -2685 l639'INCOPQO�P Robert W. LeLacheur, JR. CFA phone: (781) 942 -9043 Town Manager fax: 781 - 942 -9071 16 Lowell Street w: www.readin2ma.2ov Reading, MA e: townmanager(&ci.reading >ma.us September 21, 2017 Reading School Committee Dr. John Doherty Gail Dowd Sharon Angstrom Reading Board of Selectmen Reading Finance Committee RE: November Town Meeting — FY 18 update While the Town and Schools are in constant contact about financial issues, the capital plan gets very careful scrutiny in the early fall each year, with the goal to bring a balanced capital plan to November Town Meeting that then only needs minor adjustments in the annual budget process aimed at April Town Meeting. This year after meetings with all departments, the one item that stepped to the front of the line is a needed repair of the skylights at the Wood End School for an estimated $480,000. I will let the Superintendent and Facilities Director share more details on that issue, but in the reminder of this memo explain how we will fund this item in November, and not require any Free Cash (as of this moment) to do so, because of four positive developments First, I am quite pleased to share that the DOR today has certified our New Growth at $841,972. This gives us an additional $341,972 to use in the current year — and more importantly becomes a new baseline for taxes in future years. This figure exceeds my best guess, and is a testament to the economic development that is already underway in the community. Second, we budgeted a bit below the final state aid figure by $100,000 — which is another source of sustainable annual revenue, although increases will remain uncertain each year. Third, Fire Chief Greg Burns and his staff are to be commended for securing a grant for much needed breathing apparatus equipment. The result of the grant is that Reading can reduce the capital outlay from an approved $190,000 to only $25,000 — which frees up $165,000 of budgeted expenses. Fourth, we will spend $190,000 less on debt service for the RMHS litigation settlement than budgeted, although that savings will be reduced by about a $75,000 reduction. in tax revenues, for a net savings of about $115,000 of budgeted expenses. The reasons are complex and involve the IRS, DOR and the town — I will explain briefly at the October Financial Forum. Broadly, the legal expenses incurred by the � G\ general fund over the last few years have been shifted to the debt exclusion. Legally we could have shifted more, but morally I believe the reduction by $75,000 in taxes levied starting this fall will make the Reading taxpayer whole. The combination of these four items will more than fund the capital request for the skylights at Wood End, which are our collective top need. It is too soon in the process for me to tell if there will be additional expenses or changes at Town Meeting, but at this point I am very comfortable in stating that the School capital need can be funded without the use of any Free Cash, and I would ask for your support. Sincerel %k Robert LeLacheur, Jr. =01