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HomeMy WebLinkAbout2012-03-13 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING MARCH 13, 2012 Goldv, Tafova, Schubert, Arena, Bonazoli Hechenbleikner lc) Move that the Board of Selectmen hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the Birch Meadow School project authorized by a vote of the Town passed on November 8, 2010 (Article 9) not being paid by the school facilities grant is $341,461.39 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B. Further Voted: that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the J. Warren Killam School project authorized by a vote of the Town passed on November 8, 2010 (Article 9) not being paid by the school facilities grant is $692,879.68 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B. Further Voted: That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all of the Town's currently outstanding (i) $13,040,000 General Obligation Bonds dated January 1, 2002, and (ii) $35,000,000 General Obligation School Bonds dated January 1, 2004 (collectively, the "Refunded Bonds") and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds. Further Voted: that the sale of the $11,620,000 General Obligation Municipal Purpose Loan of 2012 Bonds of the Town dated March 22, 2012 (the "Bonds"), to TD Securities (USA) LLC at the price of $13,966,505.15 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: ot Interest Interest Year Amount Rate Year Amount Rate 2013 $2009000 3.00% 2019 $191159000 5.00% 2014 1759000 3.00 2020 191659000 5.00 2015 9909000 4.00 2021 192059000 5.00 2016 190009000 5.00 2022 192459000 5.00 2017 190259000 5.00 2023 11185,000 5.00 2018 190659000 5.00 2024 192509000 5.00 Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 28, 2012, and a final Official Statement dated March 7, 2012 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: to authorize the execution and delivery of a Refunding Escrow Agreement to be dated March 22, 2012, between the Town and U.S. Bank National Association, as Refunding Escrow Agent and Paying Agent. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. 0 I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. 4a) 5a) Move that the Board of Selectmen designate the following liaison assignments to Selectman John Arena for a term expiring (6-30-12) (6- 30-13): ♦ Conservation Commission ♦ Economic Development Committee ♦ Council on Aging / Mystic Valley Elder Services ♦ Finance Committee ♦ School Committee 5c) Move that the Board of Selectmen close the hearing on approval of the discontinuance plan for a portion of the Town way known as Old Pearl Street. 5c) Move that the Board of Selectmen approve the plan to discontinue a portion of the Town way known as Old Pearl Street substantially in the location beginning at the westerly side line of Audubon Road and running westerly and southerly for a distance of approximately two hundred and ninety one (291) feet to the northwesterly side line of Pearl Street as shown on a plan prepared by the Town Engineer, dated February 28, 2012, duly filed with at the Office of the Town Clerk. 0 5c) Move that the Board of Selectmen close the hearing on approval of the discontinuance plan for a portion of the Town way known as Grant Street. 5c) Move that the Board of Selectmen approve the plan to discontinue a portion of the Town way known as Grant Street substantially in the location along the northerly side line of Grant Street beginning a distance of approximately three hundred and thirty (330) from the easterly side line of Summer Avenue, having an area of approximately four hundred (400) square feet identified as Parcel D-1; and along the southerly side line of Grant Street beginning a distance of approximately three hundred and thirty-one (331) from the easterly side line of Summer Avenue, having an area of approximately four hundred (400) square feet identified as Parcel D-2 and D-3; as shown on a plan prepared by the Town Engineer, dated February 28, 2012, duly filed with at the Office of the Town Clerk. 5g) Move that the Board of Selectmen approve the installation of portable toilet facilities in the Birch Meadow complex in the location and manner as presented to the Board of Selectmen on 3-13-12. 6a) Move that the Board of Selectmen approve the minutes of January 31, 2012 as amended. 6b) Move that the Board of Selectmen approve the minutes of February 14, 2012 as amended. 8a) Move that the Board of Selectmen approve the Executive Session minutes of January 31, 2012 as written. Move that the Board of Selectmen adjourn the meeting at p.m. 0 TOWN MANAGER'S REPORT Tuesday, March 13, 2012 Administrative matters ♦ The census along with the dog licensing reminder has gone to all households. $10.00 for spayed/neutered, and $20 if not spayed/neutered ♦ Annual Reading Friends and Family Day Moved to June 16, 2012! Due to a very mild winter, Reading schools will get out nearly a week earlier than expected. In response, the Reading Lions Club's Reading Friends and Family Day will now take place on Saturday, June 16 ♦ Comcast proposed PEG Channel realignment ♦ Appraisals underway for Town land to be sold Communitv Services ♦ The Reading Economic Development Committee (EDC) has established the Building Facade and Signage Improvement Program (BFSI) which will offer technical and financial assistance for property owners and tenants seeking to improve their building fagade, signage and exterior lighting. To be eligible for the program, commercial buildings must be located within the downtown area or surrounding target location. The open application process will begin that evening and continue to April 30, 2012. The program will be presented to the public on March 21, 2012 at 7:00 PM at the Community Room located at the Reading Police Station. ♦ Affordable housing available - 30 Haven Street ♦ Calereso's opened their new store on South main Street today ♦ Grumpy Doyle's - approval for serving in plastic cups when glassware runs out (on St. Patrick's Day only); and approval to start using the patio now (from CPDC) ♦ MVES Legislative breakfast Finance ♦ Debt re-financing for Coolidge and the MSBA's Green Repairs program. ♦ FY 2013 budget hearings with the Wednesdays through March 28 RMHS; and debt sale for Reading's share of Finance Committee will be on consecutive Library ♦ April 8 is National Library Week. There will be programs about Financial Literacy - called "Money Smart" ♦ There will be a transition to new Library software Day. The program is called Evergreen. ♦ For HELP WITH EREADERS The Lowdown on for details 3/13/2012 in May 2012 - after Memorial Downloads - see the web site TOWN MANAGER'S REPORT Tuesday, March 13, 2012 Public Safetv ♦ We have filed with FEMA for our cost incurred during the October 29-30, 2011 snow storm, and for Tropical Storm Irene Public Works ♦ Micro-Seal in the spring - portions of: Washington Street, Hopkins Street, Charles Street. ♦ Haverhill St. Water Main: Completing in the spring, Road overlay summer 2013. Safe Routes to School Project curb and sidewalk bids awarded - construction 2012 3/13/2012 2 L 07 CO 07 d' 00 00 0 0 0 0 0 0 O (D w W LOS W m w (D CO CO CO Cfl O ti O ti ti O Lo O O O 5 5 (A N c~ d Lo _ Co oo c,i M 00 t t d- ,t ~t o t 1 - M LO LO t CO M N r r v- r r ~ O E 69 6!} 69 69 69 69 69 Efl 69 69 U 0 N Q ~ A ~ CO f` LO Cfl O 00 O O .O ? O T- 0 M 0 ~ 't LO It ( m ~ a'w It Il 00 d' Lf~ oo Ln d- Ln _ O O Q. C 0 69 69 69 69 69 69 69 69 '1- (n (n a) 0 -0 p w w O O O -C W -0 O o 0 0 0 0 0 0 0 0 0 0 o W O 0 U U) ~ > °r ° CD CD ° 0 0 0 0 ° C) C) 0 0 .c - O °o o_ 0 0 0 0 0 0 °0 °0 0 0 M M >1 0 O O 69 U< 69- 69 69 69 69 69 69 69 69 69 O (6 N -0 ' M ' LU C-0 CL -0 -0 0- C l) O L. O M O O N I` V) In In Lo Lo Lo N -0 O 4-0 m O' O _0 O O N _ O L m CMO w I` O O ' 07 O O O O O O 15 ~ o M O L. . W Ltd M 0 N f` d O - O O O O C: d" O . M M N N N t O m J N J Q T i ~ > E O 4- J i Q ~ O O W J C J ? J Ln N co 0 M i CO ti It O CO L() N M 4- M Q N Lo C 0= 4) 0 f` co O 07 O CO O M C) L- It CO 0 cD O M O N N LO N It LO M M (.0 N 69 CY) LO cy 69 0 U) N - c j b9 O 0) 69 609. cn Z ? co 0 ( a) =3 'v =3 C/) N ~ U) L o Lo Lo 0 U) Lo Lo 0 Lo Lo Lo Lo U U U c = 0 d- 't- co C: = c c U 3. 0 O O M M co CM CM C'M M M M M co M _ E _ 5 C: C C: U L U L U L U L U L U m ~cc L U ~ ~C U " :3 G E N C N i B E N E N CfO L j m U L . N O M O N U O N O (CS d- m (6 O N U O N N ; Q U) 0 z o ~ LL ~ Q ~ ~ I- u) O Z O ~ u- / nI, ~NOFRe9~-ti Town of Reading y 16 Lowell Street Reading, MA 01867-2685 ~sirNCC, FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 March 13, 2012 Jane Lyman, Manager Government and Regulatory Affairs Xfinity 12 Tozer Road Beverly, MA 01915 Re: Channel Line Up Changes Dear Jane: I received your letter dated March 8, 2012 announcing that the Educational access channel in Reading will move from channel 10 to channel 99. When I received your previous mailing last week I noticed that the channel line up for all of the Public, Educational, and Governmental channels were unchanged, so I assumed that the PEG channel changes that Comcast is proposing in other communities would not be made in Reading. However, I now see that this is not the case, Reading strongly objects to this change in channel line up. Our viewers have become very accustomed to the current channel lineup, and there appears to be no reason to move any of the PEG channels. Currently channel 8 in Reading on Xfinity is empty, and if you needed to move WWDP to a lower channel number, you can certainly use channel 8. 1 had understood from conversations with you when we were negotiating the current franchise agreement that channel 8 needed to be kept available for potential new "must carry" channels. It's been vacant since that time, and it would seem that it could be used. Alternatively we would ask at the very least that if WWDP needs to be moved to channel 10, move the Educational channel to channel 8. In Reading's opinion it is desirable to have all of the PEG channels together. Under your proposal, we would now have channels 9, 22 and 99 for PEG access. This proposed change doesn't make any sense to our residents (your customers) or to us, and we're afraid that our consumers will lose the ability to easily find their PEG access channels. (3 I would therefore ask you to delay your proposed channel line up changes on April 17, 2012 until you have had a chance to review our suggestion and make other arrangements. Sincerely, r J Peter I. Hechenbleikner Town Manager PIH/ps cc: Representative Jones Representative Dwyer Senator Clark Board of Selectmen School Committee Consumer Division of the Dept. of Telecommunications and Cable RCN 0 Xfmity March 8, 2012 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Channel Lineup Changes Dear Chairman and Members of the Board: w 7.y N I_j I am writing to inform you of some changes that will be taking place to the channel lineup in your community. As a result of WWDP electing must-carry status under FCC Rule 76.56, we will be making the following channel lineup changes on April 17, 2012 to accommodate their request. WWDP will move from ch 72 to ch 10. Educational Access will move from ch 10 to ch 99. Customers will receive notice of these changes in advance via direct mail communication. Please feel free to contact me with any questions at (978) 927-5700 x43024. Sincerely, ne_Lyman,_..__,/ Sr. Manager of Government & Regulatory Affairs /dmm cc: Reading Access Organization Comcast 0 WWDP - Wikipedia, the free encyclopedia WWDP From Wikipedia, the free encyclopedia Page 1 of 3 WWDP is a television station in the United States, WWDP serving the Boston, Massachusetts market. The station broadcasts on digital VHF channel 10. It is NorwelUBoston, Massachusetts E licensed to Norwell, Massachusetts, airs home Channels Digital: 10 (VHF) shopping programs from ShopNBC, and is owned by ValueVision Media. Subchannels 46.1 ShopNBC Affiliations ShopNBC Contents Owner ValueVision Media ■ 1 History (37% owned by NBC ■ 1.1 1986 - 1988: WRYT Universal, Inc.) ■ 1.2 1988 -1989: WHRC (Norwell Television, LLC) ■ 1.3 1996 - present ■ 2 References First air date December 6, 1986 ■ 3 External links Call letters' meaning DP Media (former owner) Former callsigns WRYT (1986-1988) History WHRC (1988-1998) WBPX (1998-1999) 1986 -1988: WRYT Former channel Analog: WWDP first signed on in late 1986 as WRYT, an number(s) 46 (1986-2009) independent station. It operated from a tiny 300-foot Former affiliations independent (1986-1989) (91 m) tower in Hanover, Massachusetts broadcasting at only 6,000 watts-the minimum amount for a full- silent (1989-1996) power station. All of the equipment-two tape decks, inTV (1996-1998) a mixer, a primitive character generator, a satellite Pax TV (1998-1999) receiver and an Emergency Broadcast System unit- inTV (1999-2000) was located in an old video store bathroom. Telemundo (2000-2002, as satellite) 1988 -1989: WHRC ACN (2002-2003) On February 4, 1988 the station changed its calls to Transmitter power 11.9 kW WHRC. Two months later, it began broadcasting from a considerably better broadcast facility in Height 142 m Brockton. Its 952,000-watt ERP gave it fairly decent Facility ID 23671 coverage of the southern fringe of Greater Boston, and it had also managed to get on cable throughout Transmitter 42°0'38' N 71°2'40"W the metropolitan area. However, the antenna was coordinates somewhat heavier than normal, and the owners feared - that the tower couldn't handle the weight of ice buildup. It was thus forced to go off the air while a new site was found. In January 1989, WHRC returned to the air from a transmitter in Foxborough, with considerably reduced power (501,000 watts). Unfortunately, the site was not wired for three-phase power, as is usually the case with television transmitters. WHRC was forced to make do with diesel power, which http://en.wikipedia.org/wiki[WWDP 3/13/2012 E/I - Wikipedia, the free encyclopedia E/I From Wikipedia, the free encyclopedia E/1, which stands for "educational and informational," refers to a type of children's television programming shown in the United States. The Federal Communications Commission requires that every full-service terrestrial television station in the U.S. show at least three hours of these television programs every week. The E/I program requirements were enacted as part of the Children's Television Act of 1990. In addition, stations must identify such shows on-screen with an "E/I" bug in a corner of the screen. Originally, this was displayed only during the first minute of the program, or, as a separate announcement prior to the show, but since 2004, all E/I shows need to display the bug during the entire duration of the show, except during commercial breaks. Page 1 of 5 Example of an E/I "bug", this one used for PBS and qubo programs. This requirement only applies to commercial broadcasting television stations. Cable television channels are exempt from Federal Communications Commission (FCC) television programming regulations, although some do place an "E/I" bug on their voluntary educational television programming. Colleges offer Educational-access television which is Distance education, a curated form of Educational television, which is unique to Public, educational, and government access (PEG) cable television channels. _ Contents ■ 1 Rule alterations ■ 2 What constitutes the shows as "E/I" ■ 2.1 Advertising policies ■ 2.2 Finding compliance . 2.3 Digital subchannels ■ 3 Scheduling ■ 4 References ■ 5 External links Rule alterations In 2005, the E/I rule was altered again, in relation to digital terrestrial television broadcast; all full- service stations with digital signals must carry the minimum weekly 3 hours of E/I programming on all its digital channels, regardless of the type of content they carry (such as news, weather, etc). In 2007, the digital subchannels' involvement in the E/I rule was changed again, depending on the number of free services offered by the station-the station now must carry more than three hours of E/I programming, but how much more is determined by how many hours of "free programming" the station offers in digital. For every 28-hour period of free programming offered on the subchannels, the station must add an extra 1 /2 hour of E/I programming, in addition to the 3 hours required on the main signal. [ I ] [2] What constitutes the shows as "E/I" http://en.wikipedia.org/wiki/E/I l 3/13/2012 New Wait List is Hit to Seniors' Well Being, Says Elder Services - Reading-North Readin... Page 1 of 2 66'' F rsn . ~ Pfllch Newsletter JJear6y loin $19n.IR ' 0 Ashley 1m r~:. hrv, sMey trout inn{~paect. ln, .t.-1.o...me. News Events P...I.a.G.ezs. '.(rafti.s_&..G.ee. C:,p.ElerY. M2re Government New Wait List is Hit to Seniors' Weil Being, Says Elder Services Legislators attend Mystic Valley Elder Services' annual legislative breakfast. 11:00 am Email Print Re<orc:r.:e: i 7e~efz 0 Comment Related Topics: Bradley Janes. Katherine Qjrk, and Mystic Vatiev Rdar Services sv s 3 ty~W~ Submitted by the Mystic Valley Elder Services. On March 5, several state legislators and community leaders gathered for Mystic Valley Elder Services' annual legislative breakfast, this year co-sponsored by the Massachusetts Council for Home Care Aide Services along with Sen. Katherine Clark and Rep. Bradley Jones. Addressing the audience, Dan O'Leary, executive director of Mystic Valley Elder Services, explained that there had been a recent and significant change in the way the agency could extend assistance to elders in need of help. if you were a qualifying elder in need of just a little help to keep you living in your home, critical help like grocery shopping or meal preparation, and you called us on Wednesday, Feb. 29, we would get you enrolled and you would have the help you needed," O'Leary said. "But if you called us on Thursday, March 1 with exactly the same need, we would have put you on a waillist." The new waillist was formed at the direction of the Massachusetts Executive Office of Elder Affairs. It comes at the heels of the Governor's proposal to cut 242,000 elderly meals. In the past 12 months, Mystic Valley Elder Services has received 314 calls from qualifying elders who just need help with grocery shopping or meal preparation. The agency, which serves elders and adults with disabilities in Everett, Malden, Medford, Melrose, North Reading, Reading, Stoneham, and Wakefield, estimates that it will place 25-30 elders on this new waitlist each month. Mass Home Care, Inc. estimates that statewide almost 1,200 elders who are too frail to do their own food shopping or cooking will be placed on this new waitlist by June 2012. The legislators who attended the breakfast on March 5 each underscored the critical importance of home care that meets elders at their individual levels of need, that is compassionate and personal, and that additionally saves the taxpayers money by avoiding unnecessary nursing home stays. (Mass Home Care, Inc. estimates that the commonwealth avoided $592 million in unnecessary nursing home stays in 2011.) Senator Katherine Clark (Malden, Melrose, Reading, Stoneham and Wakefield) and Representative Bradley Jones (Reading and North Reading) co-hosted the breakfast. Also in attendance were Senator Sal DiDomenico (Everett), Representatives Jason Lewis (Stoneham), Christopher Fallon (Malden), Stephen Stat Smith (Everett), Paul Donato (Medford/Malden), and Paul Brodeur (Melrose/Wakefield). Malden Mayor Gary Christenson, Reading Town Administrator Peter Hechenbleikner, and Massachusetts Silver-Haired Legislature President Sally M. Hoyt of Reading also attended. The newly mandated waitlist is in addition to an existing waitlist that currently holds 1,100 seniors. These senibrs are frail enough to go into nursing homes, but want to stay in their own homes and communities. READ MORE. IN GOVERNMENT Readin Property Tax.Reyers Wdi_Snpn._Seo Soma.._P2of o..f While they currently receive a base level of home care assistance, for health and medical reasons these elders need a lift le more help than they currently receive. On average, these 1,100 elders need $300-400 of additional home care eace.. month, In http: //reading.patch. com/articles/new-wait-list-is-hit-to-seniors-well-being-says-elder-servi... 3/13/2012 New Wait List is Hit to Seniors' Well Being, Says Elder Services - Reading-North Readin... Page 2 of 2 comparison, $400 would only pay for about two days' worth of care in a nursing home setting. SmaeiS Since many of the seniors who have been cleared from this existing waitlist for enhanced services pay a co-pay for the help they receive, the cost of completely ending this waitlist and providing all 1,100 seniors with services would be about $3.8 million, less than 1 % of what the state saved on nursing home care last year. Rear ~urend 1. :EO Email ..*.Mh..m...it_tiP G.Qm..mont Leave a comment 'But-It ~ ? ise Advertise on Patch and reach potential customers in your backyard and beyond. Click here for more information. Lear more s, Patch Info Get in Touch Ahp,uLlIs, G.o_pgilchl. JQNs Help Adyprjise C...u..nfaet_lfs. Terrps..O.Use Pmc;h_01a..g P.rivg cy_F:.oilcy. Copyright @ 2012 Patch. All Rights Reserved. Print Volunteer If you want to help local causes, or your cause needs local help, your next click should be right here. Learn more v Patch Initiatives Goodies 4.'..atchu P.atch..Nowstotter potc..li org Widgets. i • Send us news tins • Put an event on ?ho calon a' • Announce something to evervone REAL) MORE. IN GOVEf2Nt:9E.NT 6?.oa.d.'€~tg_~:.rnparty TaxpayQrs Wilt SQOn,Soa So..ma._Fda.fcef http://reading.patch. comlarticleslnew-wait-list-is-hit-to-seniors-well-being-says-elder-servi '7~0 a 6 3/13/201 ,f o . .i rs39'1NCORQ~~P~ TOWN OFREADING DI$CONTiNUANC'E OF A T01 .N AY ORDER;OF NOTICE=;;, To the In , gbitants of t Town of.Reading Please. take, notice that the. Board of Selectmen of the Town of Reading will hold a public' hearing on Tuesday, March 13,' 201.2 at 7.'.45 p m. in; _the. -Selectmen's Meeting Room, f6-. Lowell Street, 'Rea'Stingl.; lvlassachusetts to: Discontinue a portion of tha Town. way known as Old f Pearj„ Street substantially in'-the loca tion beginnmg::atthe westerly:: side. dine of. Audubon-Road and running -westerly and south'erlj, for a distance ibf approximately" two hundred aho ninety Fo.ne . (291) feet to th'e northwest6rIy, : side line of Pearl Street, as shown. on a' plan prepared by . the Town En. gmeer, dated February'28, 2012,`duiyfited with "at the Office of the Town' Clerk. A copy of the proposed doG~? uments regarding this topics' are available in the ToWrl Manager's office, 16 Lowell:, ,;Street, Reading, MA, M=W Thurs from 7:30 a.m 530 p.m., Tues fro`rn 7:3'Q a rr.. - 7:00 p.m:"and.is attacFed to tli' hearing notice `on the website, at www.readingrna.gov J 3'f . AI! interested parties air{. Invited AQ attend the heanng or. may submit their commentp rR . writing or by email; prior to 6:00 p,m.. on" MarYch 6- 2012ao townmanager@ci.reading ma u-.. o , S. By order off.` Petb'H. Hechenbleikrre Town Manager:' ! s `SG I 13 LEGAL NOTICE . ' j 'b V NJ+ Q`F '4e'R' 9~,fl~,+aW 'mom %9 L Ng dg' ,m: ~ % i ,t Q > ~ 'J5 93' ~ q B . ~ 533'28'0+•£ ~A ~ s 40,OUS 1 i e a a T Wit ~ b J J £g o q ..N e i s c e ~ fi yy 6 1 7 ~ i 9 ~ F'1 0 y P y 'I- ,-1_ "It. p~ b n~ 4 i 1 $ e LEGAL NOTICE TOWN OF, READING DISCONTINUANCE OF A TOWN WAY' ORDER OF NOTICEF To t`he inhabitants of 'the Town of Reading:- 13 lease take notice that the Board of Selectmen-of the Town of Reading will hold apublic hearing on Tuesday,March 13, 2012 at 7:45 p.m. . in the Selectmen's Meeting--,Room,'-.`16' Lowell` Street, Reading-,:.. Massachusetts, to: Discontinue a portion of the_-. Town ,way 'known . as Grant Street substantially in the loca tion along the northerly side line of Grant Street beginning a dls tance of approximately three hundred and :thirty (330);;from the easterly side line of Summer Avenuhavmg an area of approximately four.hun Bred (400) square feet identified ' as Parcel 0-.1, and along,--the. southerly side line of rani Street. beginning a dastance of. approximately three hundred :m ahe And thirty-one (331)'fr6 easterly side hne 'of Surtmmer.; Avenue,l.,havmg`'an ;area of appr.oxirriately, fo rr hu,n:dr kl~, (400), square feet identified as Parcel' D, 2; and D-3, ,as shown; - on a plan prepared...by the Town-:- Engineer, dated February ;28 2012, duly filed with at. the. Office of the Town Clerk. 18 A copy of the proposed doc umehts regarding this topics,.. are available M the Town Manag'er's office, I6, Lowell Street, ,Reading, Thugs from 7 30 a.m:. 5:30 ,p:m., Tiaes from 7:30. a.m. 7:00 p.m: and ,is attached to the" hearing Notice .dn the website .at wwvi►.readin* a.gov All interested parties are invited to attend,the haaring; or may, submit,their_comments in writing or by email prior'-to 6 00 p m on fVlar:ch 13,'2'012 16, townmanager@ci.reading.ma.u s . By order, of . , Reter l Hechenblefter Town Manager., 03-6(o ~a Q R I % N ! ~ N ffi W ~ ~ s W a Q 9 3 F- W N W F Gf 1 zg ~ LL a peas a'~ s ~ FY w~ ~ 0-J ~Ig R ~ o ~ M~ R= R V nw1 IMB /X~ WY IT F ~ 5~ e i o ~ ~Rg~ ka ~1O ti W W R ~ Z R 4 F~ a ~ 5 R Rte' 8 RA d' R \ py G \ M,BO.Bt.BIN .00'IS[ (1MAY1 A1NM~ 1881) 3nN3AV N3WWNS 19 N pp 0 4 ti N - e _r ~a R^~ z ti :v\. .1~~. oP „ b~~W sa $ggs € 5 gk i<k dos Proposed Plan Regarding Renewable Energy Certificates The following is my proposal regarding how the RMLD should deal with the RECs going forward. The Green Choice program the RMLD now has in place needs to be reinvented. It was put in place before the RMLD had renewable power contracts. Customers under the program can designate that a charge of $3 per block be added to their bill. These funds are now used to buy and retire RECs from the market. Under the Green Choice program I propose that RMLD customers can still designate to be part of the Green Choice program. However instead of contributing $3 per block, the numbers of customers in the program can be used to determine a percentage of how much of the RECs the RMLD receives under its present renewable power contracts are to be retired and not sold. In this way the RMLD would be responding directly to the desires of all its customers by allowing those customers who want to retire the RECs to follow their intent and those who want the RECs to be sold to also be heard. It would be my hope that at least 5% of the customers would choose to initially join the program. Should my proposed reinvented Green Choice program not become functional this year I propose that the Commission designate that 5% of the RECs from the renewable contracts be under the reinvented Green Choice program and thus be retired. The next item would be that I propose that the RECs be sold and the benefits of those funds should be accrued to the RMLD customers. As above, I propose a percentage be retired based on a percentage of those customers who want those retired as determined by participation in the Green Choice program. I propose the Commission vote to sell the portion of the RECs not set aside in the Green Choice program only through the fiscal year period ending June 30, 2013. 1 propose the Commission and the RMLD revisit the decision whether or not to sell and/or retire the RECs on an annual basis. I do this because I feel that future markets will change and thus the decision should best be viewed in the short term and not the long term. This further will allow maximum flexibility in dealing with these RECs in the future. For the final item I propose that a portion of the funds from the sale of the RECs be put aside for renewable energy capital projects in the RMLD service district. These projects would be energy conservation projects such as energy usage reduction projects for the schools and other capital projects that result in less energy being consumed in the RMLD service territory. These funds I propose should be available to both public and private entities that qualify. This will mean some adjustment in the way rates are set since the proceeds of the RECs must go back into the fuel charge fund and thus cannot be directly allocated to a renewable energy capital projects fund. But it can be done. Thank you in advance for consideration of this proposal. Philip B Pacino Member RMLD Board of Commissioners Camille W. Anthony, Chairman Stephen Goldy, Vice Chairman Town of Reading Ben Tafoya, Secretary James Bonazoli 16 Lowell Street Richard Schubert Reading, MA 01867 BOARD OF SELECTMEN (781) 942-9043 FAX: (781) 942-9071 Website: www.ci.reading.ma.us January 5, 2012 Mark Cardono, Chairman Reading Historical Commission Dear Mark: Following up on the discussion at the Board of Selectmen meeting on 1-3-12, the Board of Selectmen would like the Reading Historical Commission (RHC) to develop a process to address the following two issues: 1. In the future, as the inventory of historical properties which would be subject to the demolition delay bylaw is expanded, how can the process of notice to and involvement of potentially affected property owners be improved. Any such changes in process should probably be embodied in the bylaw, or be formally adopted as RHC regulations, so that the intent will endure over time. 2. Should there be an appeal process by a property owner to another level beyond the RHC in the event that the RHC determines under section 5.13.3.6 "that the demolition of the Potentially Significant Structure would be detrimental to the historical or architectural heritage or resources of the Town, such structure shall be considered a Preferably Preserved Historic Structure." If so, to whom should the appeal be made, and what should be the criteria for the appeal? The Board of Selectmen is not asking the RHC to actually draft the language of any bylaw changes - that will be done by staff and Town Counsel. The Board of Selectmen is asking the RHC to develop a clearly transparent public process to develop answers to the two above issues, and to then carry out that process. The Board of Selectmen's expectation is that the outline of this process would be completed by March 3, 2012, and submitted to the Board of Selectmen. It is expected that the process would be completed by August 3, allowing time for Town Counsel and Staff to draft any suggested bylaw amendments prior to the closing of the warrant for the 2012 Subsequent Town Meeting warrant. Sincerely, Camille Anthony Chairman 21 00-1,C> ,~2. ~ Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, March 05, 2012 2:42 PM To: Schena, Paula Subject: FW: Response to the Board of Selectmen's letter of January 5, 2012, regarding the.process of adding new properties to the Historical and Architectural Inventory Attachments: process of adding new properties 20120303.doc For Board of Selectmen 3-13, with a copy of the Board of Selectmen letter of 1-15-12. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m ; 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.aov email town manaoera-ci.readina.ma.us Please let us know how we are doing - fill out our brief customer service survey at httD://readingma-survev.virtualtownhall.net/_surve_y~/sid/ccc2f_035993_bd3c0/ From: RHC Reading Ma [mailto:reading. historical.commission@gmail.com] Sent: Saturday, March 03, 2012 12:47 PM To: Reading - Selectmen Cc: Hechenbleikner, Peter; Delios, Jean; Gentile, Ann; Historical; Janann Ali; judith.m.smith@hotmail.com; Mark Cardono; nancy@nyxnox.com; Sullivan, Roberta; Reynolds Santo, Shari; Adams, Virginia; robyn parker Subject: Response to the Board of Selectmen's letter of January 5, 2012, regarding the process of adding new properties to the Historical and Architectural Inventory Dear Selectmen, I have attached a MicroSoft Word document with the draft guidelines that the RHC agreed to work on and complete by March 3, 2012. Please review the document and let the commission know how we should proceed. Respectfully, Mark Cardono Chairman Reading Historical Commission Reading, MA 01867 historical(a..ci.readine.ma.us 3/5/2012 22 Draft Guidelines for the process of adding new properties to the Historical and Architectural Inventory To: Board of Selectmen From: Reading Historical Commission (RHC) Date: March 3, 2012 RE: Response to the Board of Selectmen's letter of January 5, 2012, regarding the process of adding new properties to the Historical and Architectural Inventory Issue 1: The RHC plans to adopt as regulations for adding properties to the Historical and Architectural Inventory (Inventory) and having them subject to the protection of the Demolition Delay Bylaw: 1) Inform the public of an upcoming Inventory expansion project, by notice in the local press and posted on the Town of Reading's website, which will include the following details: a. Time frame of the project (i.e. beginning Month, Day, Year, and completion of the selection process by Month, Day, Year). b. The parameters of the selection for consideration (i.e, properties built before a particular year or of a particular style, etc.). c. The selection of properties for consideration should be performed by a qualified independent consultant in collaboration with the RHC. d. Reasons for the expansion (i.e. Part of the Master Plan or by request from the Selectmen, etc). e. The public process for adding properties (i.e. Notifications, Posted Public Meetings, etc). 2) Properties should be selected for consideration by a qualified independent consultant in collaboration with the RHC. 3) After selection of properties for consideration, the property owners will be notified by mail, with a return receipt, or by hand. The mailing will include all of the following: a. A letter describing to the owners that their properties have been selected for consideration, the details of the process, and specific important dates associated with the process. b. A copy of the Inventory Sheet, which will describe the owner's individual property and the reasons for its historical and/or architectural value to the community. c. A form for acceptance of inclusion or request for exemption, space to provide initial reasons for the request for exemption, and a deadline for the form's return for the request for exemption. Acceptance of inclusion will not require a response. 23 Page 1 of 2 zv e,3 Draft Guidelines for the process of adding new properties to the Historical and Architectural Inventory d. A notice explaining the protection of the Demolition Delay Bylaw. e. A list of reasons for granting an exemption (i.e. the structure has lost its historical and/or architectural significance). f. A notice of how to seek an exemption from protection of the Demolition Delay Bylaw. g. An address to send the form for acceptance or exemption of inclusion. 4) Public meetings on the properties that have been selected for consideration of being added to the Inventory. a. The independent consultant will be at these meetings. b. Exemptions will be scheduled with the property owners, in a timely,manner. c. All properties determined to be included in the Inventory, will be voted on being added to the Inventory. 5) Public meetings to protect the recently inventoried properties, under the Demolition Delay Bylaw. a. The public will be informed of these meetings with at least 30 days notice in the local press and posted on the Town of Reading's website. b. The property owners will be notified of these meetings at least 30 days in advance either by mail, with a return receipt, or by hand. c. The property owners will be afforded an opportunity to comment on the Demolition Delay Bylaw's protection of their property. d. The recently inventoried properties, either individually or en mass, will be voted on being Potentially Significant Structures (Section 7.13.2.4 of the Town of Reading's Bylaws) and will be protected by the Demolition Delay Bylaw. e. The independent consultant will be at these meetings. Issue 2: A new demolition delay appeal process is not necessary, as there already is an existing appeal process for the property owner, at the Demolition Delay public hearing (Section 7.13.3.4 of the Town of Reading's General Bylaws). However, the RHC will be willing to write guidelines for an early release from the demolition delay (i.e. if the property was significantly altered from the historical and/or architectural criteria that determined the property to be Potentially Significant (Section 7.13.2.4 of the Town of Reading's General Bylaws)). Page 2 of 2 24 7/ ✓ 5e v( 29.10: Remote Participation (annotated by the Town Manager 3-5-12) (1) Preamble. Remote participation may be permitted subject to the following procedures and restrictions. However, the Attorney General strongly encourages members of public bodies to physically attend meetings whenever possible. By promulgating these regulations, the Attorney General hopes to promote greater participation in government. Members of public bodies have a responsibility to ensure that remote participation in meetings is not used in a way that would defeat the purposes of the Open Meeting Law, namely promoting transparency with regard to deliberations and decisions on which public policy is based. (2) Adoption of Remote Participation. Remote participation in meetings of public bodies is not permitted unless the practice has been adopted as follows: (a) Local Public Bodies. The Chief Executive Officer, as defined in M.G.L. c. 4. sec. 7. (note - in reading this is the Board, of Selectmen) must-authorize or, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that authorization or vote applying to all subsequent meetings of all local public bodies in that municipality. (b) ReRienal or- Distriet Publie Bodies. The fegional of distriet publie body must, by a simple majofity, vote to allow femote par-tieipation in aeeofdanee with the fequir-ernents of these f egulatio c, . ith th vote applying to all subsequent meetings of that publie bedy and'its eemynittees. allow femote paftieipation in aeeer-danee with the r-equifements of these iJ, , applying to all subsequent meetings of that p~iblie body and its eommitte (d) Gountv Publie Bodies. The eounty eommi- it, by a simple majority, vote to allow remote pai4ieipatien in aeeofdanee with the fequifements of these fegulatief s, v,4th that vote applying to all (a) - tae Publ a R...a;~s. The state publie body must, by a simple majefity, vote to allow fefflote with that vote applying to all paftieipatien in aeeor-danee with the requirements of these Fegulati subsequent meetings of that publie body and its eenunittees. (f) Retirement Boards. A retirement board created pursuant to M.G.L. C. 32, sec. 20 or M.G.L. c. 34B, $ 19 must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees. (3) Revocation of Remote Participation. Any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) may revoke that adoption in the same manner. (4) Minimum Reauirements for Remote Participation. (a) Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other; (b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d); (c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39. sec. 23D. 25 `1/ (5) Permissible Reasons for Remote Participation. If remote participation has been adopted in accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair's absence, the person chairing the meeting, determines that one or more of the following factors makes the member's physical attendance unreasonably difficult: (a) Personal illness; (b) Personal disability; (c) Emergency; (d) Military service; or (e) Geographic distance. (6) TechnoloRv. (a) The following media are acceptable methods for remote participation. Remote participation by any other means is not permitted. Accommodations shall be made for any public body member who requires TTY service, video relay service, or other form of adaptive telecommunications. (i) telephone, internet, or satellite enabled audio or video conferencing; (ii) any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another. (b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location. (c) The public body shall determine which of the acceptable methods may be used by its members. (d) The chair or, in the chair's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is encouraged, wherever possible, to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes. (e) The amount and source of payment for any costs associated with remote participation shall be determined by the applicable adopting entity identified in 940 CMR 29.10(2). (7) Procedures for Remote Participation. (a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request. (b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely and the reason under 940 CMR 29.10(5) for his or her remote participation. This information shall also. be recorded in the meeting minutes. 26 V-5~ .s~2 (c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote. (d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. (e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22. (8) Effect on Bvlaws or Policies. These regulations do not prohibit any municipality or public body from adopting bylaws or policies that prohibit or further restrict the use of remote participation by public bodies within its jurisdiction. (9) Remedv for Violation. If the Attorney General determines, after investigation, that 940 CMR 29.10 has been violated, the Attorney General may resolve the investigation by ordering the public body to temporarily or permanently discontinue its use of remote participation. 27 2~ 5~3 Town of Reading Town Clerk Memo To: From: Date: Board of Selectmen Town Manager Laura A Gemme, March 13, 2012 Town Cle Subject: Town of Reading - Adoption of Meeting Remote Participation As you may know we have several Boards, Committees and Commissions requesting the ability to use remote participation. What you may not realize is that we have one or two that are already doing so. 1 would like to recommend that the Town of Reading adopt the Attorney General's Office recommendations on this subject matter. Following the attached Open Meeting Guideline and 940 CMR 29:10 9 2~