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HomeMy WebLinkAbout2012-02-07 Board of Selectmen Handout - Part 1TOWN MANAGER'S REPORT Tuesday, February 07, 2012 Administrative matters ♦ Town election with Presidential Primary Election ♦ March 6 ♦ Last day to register to vote is February 15, 2012, until 8 PM. ♦ For Reading's Town Meeting there are only 134 people running for 192 seats on Town Meeting. If you plan on running a write in for any office, sticker campaign or otherwise, it would be advisable to contact the Town Clerk's office prior to doing so. ♦ Absentee ballots for the Town and Presidential Primary Election are now available in the Town Clerk's office ♦ The census will go out this week, along with the dog licensing reminder. You can also license your dog at the election in the field house (.Bring proof of Rabies, Proof of Spay or Neutered if new dog, $10.00 Cash or Check made out to Town of Reading) ♦ Precinct Change effective January 1, 2012. Every household with a Registered Voter will be receiving a letter later this week stating New Precinct and information on the ballot questions L I Come to the ♦ Taste of Metro No. Taste of the North Shore - sponsored by Reading Rotary - on "Leap Day" February 29. ♦ I have sent to our legislative delegation an article on instituting a sales tax on internet sales, as a number of other states are doing. Communitv Services ♦ Through LEAP, which is funded with support from the Barr Foundation, MAPC will be working with Marlborough, Medford, Medway, Stoughton, and the towns served by the Reading Municipal Light Department - Lynnfield, North Reading, Reading, and Wilmington - to plan for long-range energy efficiency and renewable energy work. This was a competitive program with 21 applications, and the MAPC was impressed with our regional approach. Thanks to Staff Planner Jessie Wilson and Jared Carpenter from RMLD for spearheading this project. ♦ RYO cigarette machine in Reading. Library ♦ April 8 is National Library Week. There will be programs about Financial Literacy - called "Money Smart" ♦ There will be a transition to new software in May 2012 - after Memorial Day. The program is called Evergreen. 2/7/2012 1 U' TOWN MANAGER'S REPORT Tuesday, February 07, 2012 Public Safetv ♦ Information has been received regarding suspicious calls received by elders from individuals wishing to update/verify bank account information. The caller has a very thick accent, noise in the background and has the elders name and address. In some cases the caller states their Medicare benefits will be discontinued if they did not provide their account number and ABA. Some of the victims claim the calls are coming from Social Security, while others claim to be from Medicare. Currently these notifications that have been received are from the upper cape area and Middleboro area. Public Works ♦ Drainage - Osborne Avenue. ♦ Strout Avenue planning site walk Saturday February 11 - 9 am ♦ Gas Company finished the main\service replacement on Wilson & Ide Street. Next project is a portion of Pearl Street - should start in a couple of weeks ♦ Working on contracts for Howard Street water main replacement and Lewis Street sewer repair, contracts should be advertised end of the month/first of March 2/7/2012 2 0 Controversial Rolling Machine Comes to Reading - Reading, MA Patch ~ : - .Home .News Ev..en..tts. PIP Cos. Traffic?_,k_Gas Gallery, f;}.u..ainr ss, I.pcat Connectin.ns, Aw...a..ren..e±ss. Controversial Rolling Machine Comes to Reeding The RYO Machines Filling Station is up and running at Mobil on Main Street. By Andrv,wJ_vY.om::k Emml_the_angh<rr. 9:00 am Em ..__....a.il. Print fi...c.z.m...m..en . Related Topics: E4[i. :ine..; se..s., fiY. C,1_Fifirng_St;~.4.. nn, and T.ntbalcco. 1«w r~ j • 3 Smokers in Reading who are tired of paying the hefty state tax on pre-manufactured cigarettes now have another, albeit highly controversial, option-at least for the time being. A new FiY, S7, Ma.clr..ncs_Fi(ding.5#at.o..n in the Mobil Mart attached to the Mobil Gas Station on Main Street allows customers to walk away with 200 rolled cigarettes for a fraction of what they would pay for the pre-rolled version, thanks to avoiding the nearly $2.51 per pack in taxes Massachusetts charges cigarette smokers. Currently, the state taxes loose tobacco at 30 percent of the wholesale price, which makes it much more affordable than pre-rolled cigarettes. The machine produces one carton of rolled cigarettes for roughly $30-one-third of what it would cost to buy a carton of manufactured cigarettes. While this practice is currently legal in Massachusetts, it has drawn heavy criticism from state politicians and health officials, who say it is a blatant and willful attempt to skirt the state taxes and potentially provides easier access to tobacco products to minors. The operator of the Mobil Station located at 178 Main St., Joe Pizzio III, who runs three other stations in the area with his father, said he had the same concerns when considering installing the device. Concerns "We had the same concerns as far as anyone being able to do anything illegal," said Pizzio. "Believe me, if there was a chance anything illegal could happen I wouldn't take the chance. My father and I, we're just a small business, we're not looking to break any laws or do anything illegal:" Although these machines are legal in Massachusetts, many communities have taken steps to ban them-including Malden and L..~S.o..ec..e.,ta.r..-and at least one Bay State lawmaker has uttered harsh words against this practice. "It's a willful attempt to evade the tax that is in Massachusetts," said State Senator James Timilty, Chairman of the State Revenue Committee to (3S_N,oAtpri. "We should shut them down. "I think the Attorney General and the Department of Revenue have the tools. It is a constitutional issue when it comes right down to it, taxes have to be enforced uniformly throughout the Commonwealth." The City of Malden recently sent out a notice to local retailers regarding the rolling machines being in violation of city by-laws, according to Maureen Buzby, Tobacco Coordinator for the Reading Health Division, as well as six other towns in the area. Buzby, who indicated she was aware of these kinds of machines, but had yet to hear about the one in Reading, said the Health Division does have concerns. "They are not illegal, but we do have concerns about access to tobacco," she said. "Access for youths is a concern:" According to Pizzio, there is no greater risk of any underaged tobacco sales because the process for operating the rolling machine requires the same face-to-face transaction as purchasing a pack of regular cigarettes. The customer must approach the cashier, purchase tobacco, rolling tubes and a machine rental-each taxed individually Pagel of 3 Patch Newsletter Nearby Join '504). M1.rtre P; P. http: //reading.patch. comlarticles/controversial-rolling-machine-comes-to-reading 2/6/20 U23 Controversial Rolling Machine Comes to Reading - Reading, MA Patch Page 2 of 3 before acquiring a code to operate the machine. "The customer walks right up to the cashier, just like you would buy a pack of cigarettes," Pizzio said. Government Response One of the issues with the machines, is how to classify them; are they cigarette manufacturing equipment, vending machines or just oversized tabletop rolling machines? This question is paramount in the case of Reading, as per Section 16.6 of the Boardof.Hoatth_1Y.e..gu a o.n..s., "cigarette vending machines or any other device for the sale or distribution of tobacco products are prohibited except in private, non-profit organizations." But store owners like Pizzio who operate these machines aren't any more eager to be labeled as manufacturers, especially in light of what has been happening in other states, not to mention rumblings from Slate Attorney General Martha Coakley's Office and recent federal initiatives. The U.S. Tobacco Tax and Trade Bureau of the Treasury Department is..s..ukdf_ ?_.r..u...l. rlg.. ti 5°tpty~m...P>er.<at_201,,,(3, stating that any retailer with a rolling machine was engaged in the manufacture of cigarettes, and liable for all applicable taxes. This would mean machine owners would need to pay for the same costly permits as a Phillip Morris or an R.J. Reynolds. According to the wall._River._Hera ..Id Nears, in late 2010, lawyers for RYO Machines obtained a temporary restraining order, followed by an injunction, in Ohio to stop the federal mandate. The case is still pending. Attorney Bryan Haynes told the Herald News that the Massachusetts Attorney General's office has issued to some storeowners what's known as "Civil Investigative Demands," a demand for information regarding how a business operates-one step in the investigative process. According to the Herald News, Coakley's office refused to confirm any ongoing investigation into the machines, other than to say the office takes steps to investigate all potential illegal activity. Another way the slate may choose to address these rolling machines is by taxing loose tobacco at, or near, the level of manufactured cigarettes, closing the loophole that make the products RYO Machines produce appealing for consumers hit hard in the wallet by steep tariffs on brand name cigarettes. This is a prospect that has RYO Machines concerned, as chief executive officer Phil Accordino told the 6y_racuse Past-Standard. "They will wipe us out," he said. "I can guarantee you that we will not beat them. I'm just hoping we get a little time to stay in business." Accordino is joined by retailers like Pizzio in that sentiment. "This is a way for me to try and keep my head above water," said Pizzio. "People see a Mobil sign, they see gas prices going up and they think I'm getting rich We basically work on a break even basis It's a small profit margin on fuel." Pizzio said that between the machine in Reading, which is still new, and another machine he has at his East Boston store, there is a significant demand for this service and he is looking into purchasing a third machine. "People are going to smoke no matter what," he said. "The way I see it, it's just a way for my customers to save money." Email Print Sutrmit tip Comment Leave a comment Sukmli> %,,Varb,,s : ltd Advertise on Patch and reach potential customers in your If you want to help local causes, or your cause needs local • 5f3nd us, ElE',.,W,stips,, http : //reading. patch. corn/articles/controversial-rolling-machine-comes-to-reading 2/6/2012 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 February 7, 2012 Precision Drilling &'Blasting LLC Paul Paonesse & John Paonesse Jr. 219 Meadowcroft Street Lowell, Ma. 01852 Dear Messrs. Paonesse: We understand that you are the company who's doing the blasting for construction of the Pulte Homes "Reading Commons" project on South Street and Jacob Way in Reading. During the process leading up to approval of the Pulte Homes project, and specifically at a special meeting conducted by the Board of Selectmen on September 26, 2011, the Town was assured by your firm that there would be no damage to abutting property by the blasting required for this project. The Board of Selectmen was further assured that if there was any damage it would be known by comparing pre-blast survey information and a post blast inspection which would follow any damage complaints. It. is the Board of Selectmen's understanding that you received at least one claim from an abutting resident on South Street for damage as a result of blasting. The residents had a pre=blast survey and they were given a copy of the pre-blast survey on disc. After a claim was properly and timely made to your firm, at least one resident received a rejection of the claim from Fairmont Specialty, a copy of which is attached. The insurance company never visited the home to look at the damage, and just denied it outright with 3 pages of what is obviously a form letter.. If this is the method of operation of your insurance company, then the process of doing pre-blast surveys and doing visual inspections of the homes would appear to be a sham. The Board of Selectmen asks that you actually visit every home(s) where damage claims were made, with your insurance company, and verify whether or not there is damage to the home following blasting on the adjacent Pulte Homes project. If the evidence indicates that there was damage as a result of the blasting, regardless of whether the seismographic readings indicate that damage from the blast "could not possibly have happened", we want you make sure that your insurance company pays those claims promptly and completely. WOM December 21, 2011 Theresa Petrillo 329 South St. Reading, MA 01.867 Re: Insured: Precision Drilling and Blasting Clain slumber: u3 :G ,5.028? Claimant: Petrillo Dear Ms. Petrillo: We reviewed your claim in which You request that our insured Precision Drilling and Blasting accept responsib ility for damage to your home in the above matter. You informed us that there are cracks ill Your walls which you. believe is related to blasting. Based on the evidence, there is no scientific mcans.:by which the.Pecision Drillingaiad I3lasting's blasting caused the damage you arc; claiming, The Federal Government has determined that blasting at or below 2.0 I..P.S. are safe to structures. Thc;highest reading taken during the blasting was 0.59 I.P.S. We must therefore respectfiilly deny your claim. The seismonraphie readings and blasting logs.showed that.P.recision Drilling And Blasting was performing their blasting operations in such a way that all vibrations reaching your property were well within guidelines and that the vibrations presezit would not have had any effect on your home. The "peak particle velocity" is the bcst-known ineasure to determine the risk of vibration dainage to. structures. It has been determined that before even the weakest of plaster-on-lath in older i]omes can be damaged, tile V Arai o Inns i P. C A-Qd plaster on lath construction is powdery and subject to easily crumbling Linder stress and the lath, being wood, has a tendency to magnify the effects of temperature and humidity changes. This 2.0 in/sec figure is a result of over fifty rears of careful study by the U. S. Bureau. of Mines. They have established those facts in reports RI8485 and RI8507. In order to insure that blasting is kept within safe limits, there are basically twomethods to determine if blasting causes damage. One method is called the scale distance formula, also developed by the United States Bureau of Mines. This method considers the weight of the explosives used and the distance between the points of discharge and the structures involved and is used before a blast to determind if the planned charges will be safe. The second method is the use of a seismograph recording for blasts cond icted'there at"theproiect'to actually: record the true vibrationlevels produced by each individual bare hole's detonation... Both systems were used in this instance to assure that ho damage would occur. With this and other ii fo.mnation it can be accurately detennined if blasting was the cause. Studies have demonstrated that humans can perceive quite easily very low levels of vibration that are not actually capable of causing structural damage; as low as 0.02 I.P.S. Blasting is an annoying and sometimes even startling activity that often triggers a heightened awareness of the events, when in fact, airblasts from fireworks and thunder or the simple mechanics of walking across a floor may be a familiar experience but are normally of far greater magnitude than the explosives work which often gets blamed for damage. I will borrow some analogies from other reports.I have received in the past that I think are useful in describing wave particle physics. A contained explosion in a borehole creates an effect not unlike what happens when one tosses a rock into a calm pond and sees the concentric rings on the surface moving outward. The rock in the immediate area of the blast is fractured and this expends the vast majority of the energy afforded by the explosives. A charge in a hole 8 feet deep will create a cone-shaped crater about 16 feet across at the top. Beyond that zone, there is vibration"', buvno actuat permanent displacement of the rook or soil; nothing moves much. That vibration is what we earlier described as Peak Particle Velocity, and it is o.nc of the things that a seismograph measures when a charge is set off. PPV goes in three directions, just like a wave in.water; sideways; forward, and vertically. The vertical force is what creates the visible ripple we see in that pond. The height.of the wave as it passes a given paint is the same thing as a PPV reading,. sort of, with the exception that it is solid rock or ground and not water that is being affected. so it is more "potential" for movement in free space than actual movement that. is pleasured. A reading of 2.0 inches per second does not. imply that a ripple across the surface of the )round that is two inches high is passing beneath. a structure! The actual measurable movement associated with the vibrations is generally less than the thickness of the paper this letter is printed upon, perhaps several ten-thousandths ofari..inch. (0.0010). Closing a door, shutting a urindow, sitting into a. chair or doing-iUmping jacks with a) exercise video all represent .I.PS measurements far greater than most blasts actually .do. Perhaps the airblast is the culprit? Actually, no. It is very noticeable to humans, but has less effect on the house than the average 35 inph gust of wind and lasts a fraction of a second, whereas the wind has a longer duration, and is actually another sensitive human. detection of sub-sonic frequencies that might feel like that thumping in one's chest when a bass drum in a parade passes by. The sound' waves that pass by, mostly below the range of our hearing, are what create the rattling cabinet contents and most of the sensation of shaking that we.feel. People contain a lot of water, so we tend to resonate very easily to the low frequency sound waves.. Buildings don't however. and the airblaststrength is usually somewhere between 1/100" and 1/100' of what would be required to cause damages. The 2.0 IPS threshold from the USBM is a conservative one that has a margin of safety built into it. At this level of vibration, no damage has over been recorded in several decades of exhaustive testing. Not until the vibration levels reach 3.2 IPS is there really even a 5%o chance of minor damages like cracking old weak plaster. Sonic mortar separations begin to appear at the 4.0-7.5 IPS range, and concrete walls and foundations do not begin to fail until 7.5-10.0 IPS, at which point the remainder of the building has been effectively shattered. Blasters will tell you that to intentionally breakup a concrete slab, it requires very high vibration levels, as high as 20-40 I.P.S. The largest blast by your home was 0.59 IPS. 0 The absence of any probable causal relationship between. the blasting and the damages claimed means that Precision Drilling and Blasting Rock Specialist did not cause this damage.:1f you have additional information you would like ifs to consider, please foiivard it to m.y attention. If you have any questions, call me at (713) 954-8765 any time. Respgctfully, t al~ Pori:.'~, ; Claims Specialist - cc: .Precision Drilling and BlastiT0 C~Jl7/7Z>fi2,QnwGaGLf~G l~ ~~~G~GC~LLGIB~~1 o _ = _ dLOCC,4B (~~:/lP~I/'USG/GLCL~G!/C~ _ Awe xvaje, modtorz 627~~ /054 201h MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MNORITY LEADER ROOM 124 TEL. (617) 722-2100 Brad ley.Jones@MAhouse.gov January 24, 2012 Mr. Tim Dodd Grant Program Manager Executive Office for Administration and Finance Email: CICgrants@state.ma.us Dear Mr. Dodd: As the legislative representatives of the Town of Reading, we would like to offer this letter of support for the town's application jointly with the City of Melrose and the Town of Wakefield to the Community Innovation Challenge Grant. The grant, if awarded, would further strengthen the working relationship between these three municipalities. We are confident that the proposal outlined by Reading Town Manager Peter Hechenbleikner is a worthy endeavor. Implementation of ViewPerrnit and Laserfiche would vastly increase efficiency and eliminate redundancies between the three communities, while paving the way for other Bay State municipalities to adopt this innovative software. Already utilizing a shared Health Director, the regional Public Health Services would be better suited to provide coordinated service to our constituents. Additionally, if selected, the three municipalities would benefit from sustained savings as a result of the standardization. Thank you for your consideration in this matter. If you have any questions, please do not hesitate to contact us. M ity Leader 20"' Middlesex Katherine Clark State Senator Middlesex Essex 0 . z ~ y ~ GAIJ ERY . ~ - k o I'.., ,Q ~ LLLL1I \ / ' t C M 1 4.1 , 2.7' m c- E I o .m I 5". 0 0_tG1~G 15.6' aa~ 21.4 IsN0., o ~ r ~ v I \ TREE7. aG ; r r.i~Z/. if;'~'t :l a fl. :,!y a. n:.{\o >J •,:I\. ,.l',; ,1 3sn~.i,. .,i,.. ~ From: Gary S. Brackett [mailto:gsbrackett@brackettlucas.com] Sent: Monday, February 06, 2012 11:12 AM To: Hechenbleikner, Peter Subject: RE: Peter, We have reviewed the issue you presented regarding whether Reading could adopt a bylaw or other rule to prohibit substantive amendments to a zoning bylaw by members of Town Meeting. In our opinion, such a bylaw would conflict with the specific statutory rights provided by Mass. Gen. Laws c. 40A the so-called "Zoning Enabling Act" §5 which provides in pertinent part as follows: a city council or town meeting may adopt, reject, or amend and adopt any such proposed ordinance or by-law. If a proposed amendment is presented by motion and seconded, the Moderator would first have to determine if the motion is within the scope of the article as presented. If so, the Moderator may then want to request the CPDC to offer its position/recommendation on the proposed amendment before it is put to a vote. Please let me know if I can be of any further assistance to you in this matter. Regards, Gary Gary S. Brackett, Esquire BRACKETT & LUCAS 19 Cedar Street Worcester, MA 01609 (tel)508-799-9739 (fax)508-799-9799 This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply email and delete this matter. Thank you. From: Hechenbleikner, Peter [mailto: phechenbleikner@ci.reading. ma.us] Sent: Wednesday, February 01, 2012 2:46 PM To: 'Gary S. Brackett' Subject: This is an instructional motion that was never made to Town Meeting because we adjourned sine die before it could be made. 0 The intent is to develop a bylaw or other rule (our Town Meeting rules are in our General Bylaw) that would not allow substantive amendments to a zoning bylaw to be made by Town Meeting on the floor of Town Meeting. Are you aware of whether Town Meeting Time addresses this? What have other communities done, if anything? I'd like to get CPDC and the Bylaw Committee working on this for the fall if there is any possibility that we could do this. i3 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942 - 5441 RECREATION DIVISION: (781) 942 - 9075 On January 30"', 2012, the Ad Hoc Amplified Sound Committee voted to propose the following language to the Board of Selectmen: RULE 4. Amplified Sound - Users of public property and abutting residents should have an expectation of quiet enjoyment of the Town's public parks, playgrounds, recreation and other open space areas. This rule recognizes that these properties are the site of some activities which inherently create levels of noise due to customary and usual uses such as fans cheering, referee and coach's whistles, and bands playing during football games. There is also recognition that as a community the public parks, playgrounds, recreation and other open space areas are the site of occasional community events which use amplified sound such as school field days, community fairs, and fireworks displays, etc. Amplified sound is defined as voice, music or any sound extended above and beyond its normal range by an electronic device or secondary means such as a radio, megaphone or non-electric equipment. The use of amplified sound in public parks, playgrounds, recreation and other open space areas is not permitted without a permit to be granted by the Recreation Committee or other. agency which has jurisdiction over said public property. When permitted, the use of amplified sound shall be controlled by the permit holder such that the volume, direction, and duration of the sound is the minimum needed to meet the purpose of the use of the sound, and which will minimize the impact of the sound on other users of the park, playground, or other public property and its abutters. The intent of this rule is to allow, with a permit from the Recreation Committee or other agency which has jurisdiction over said public property, reasonable and occasional playing of music or use of amplified sound while considering location, content, duration and frequency such as an annual fair, once a year all-star sports games, etc. The use of amplified sound is not intended to be a routine for recurring events such as play by play announcements for sporting events and other repeated use of music and amplified sound. The permitting authority should consider the frequency of amplified permits per park or recreation site and afford significant consideration to the neighbors abutting the permitted areas as regards to their inconvenience created by said permit. When a permit is granted, a copy of the permit shall be transmitted to the Board of Selectmen at least 3 days before the event at which the music or amplified sound is to be used. Additionally, all permitted dates of amplified sound will be posted in a conspicuous place on the Town's website as well as available by contacting the Recreation Division or head of any other agency having jurisdiction over the public property for which a permit has been granted. Any variance from this rule will require the permitted applicant to petition the Board of Selectmen for such variance at which time a public hearing will be held on the matter. ~u )6~v Town of Reading 16 Lowell Street Reading, MA 01867-2683 MEMORANDUM To: Peter I. Hechenbleikner, Town Manager From: Jean Delios, Community Services Director/Town Planner Date: February 1, 2012 Re: Subsidized Housing Inventory -Update JEAN DELIOS' Community Services Director / Town Planner Phone: (781) 942-6612 Fax: (781) 942-9071 jde1ios@ci.reading.ma.us Attached is the updated Town of Reading Subsidized Housing Inventory (SHI). The SHI is maintained by the State as the official record of a community's affordable housing supply. Reading's current supply of affordable housing is 7.15%. Projects being planned or that are under construction are estimated to generate 132 future affordable housing units to be added to the SHI (see attached spreadsheet). Assuming all of these projects proceed as planned; Reading's affordable housing percentage will increase to 8.52%. The Town of Reading has been recognized for the efforts made to increase its affordable housing stock, most notably by adopting two Smait Growth Overlay Zoning Districts under Chapter 40R. In fact, these efforts were a major factor in the denial of a Comprehensive Permit by MassHousing last spring for a proposed 20 unit 40B that did not fit in well with the pattern of development in the surrounding neighborhood. Although we have been proactive, using a planning based strategy to increase the supply of affordable housing, it is not enough to meet the State's requirement that a City or Town maintain a supply of affordable housing of at least 10% or in our case 958 units. Based on the current SHI, there is an estimated shortfall of 141 affordable housing units, even after counting all the pending units. Continuing to plan for increasing affordable housing will assist in our efforts to achieve more units. The Town's Housing Production Plan expired in January of 2012 and requires updating. Given the extensive requirements for updating the plan outside help is needed to assist planning staff in completing this work. Funds have been identified in the current CS FY 12 budget to cover this cost. Attachments 13 2/2/2012 Town of Reading Subsidized Housing Inventory (SHI) Current Census 2010 Total Housing Units 9,584 Total SHI 685 Current % Subsidized 7.15 Projected* SHI Eligible Units by Project: 30 Haven - Oaktree* 11 1 Jacob Way - Pulte 43 Peter Sanborn Place (LIP) 47 Johnson Woods 1 6 Johnson Woods II 19 45 Beacon (40B) 3 MF Charles 3 Total projected SHI 132 Current + Projected SHI 817 Future % Subsidized 8.52 Additional SHI Needed 141 Total SHI Needed 958 % Subsidized 10 *pending request for full credit of 53 units; project is anticipated to convert to condominiums which reduces credit to 11 units. 14 c ~ ~~z tT N N t ' N a ~ . 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Z Z } } } } Z a 0 Z 0 - N m - p- M 2' ❑ W Z Z IL N 'N O_ N_ a M~ W U) _ N CD _ d d N M 6) N ~ O v Z ui P" .2- La- G d m L L L L L m a) w a) 0 CL CD a) w a) 0 N N C C C C c ~ O O O O O W W ❑ Z 0 U ' Z w a E ~1 2 o 0 m C d co to Z N c c v 2) a `0 N d d 2 O C d N N -O C C ti O co 0 Q U U nMi N U U. 0 Z LU G wN ii N N N d G_ Eo 0 Co > ❑ m O. L 2 -0 ❑ O c U o Z o 0 o 0 r_ CD a) 0 U E d c (n d U = E o a L a.. M U) 0 2E 0 -oi ❑ 4k m O N ti O C. m t.- co MCD C1 ~ ° 0) N d C CC) N N N LS c m m .0 a d C L O N w , C o c = N i6 ~ N C a O N 7 3 y C '3 = C d v c N m ~ C Q d m ~ ~ m m d = U ~ O O U d O N N O N N c N - d U ~ U) m 'c 3 E E 0 U co O co -O ' cm C 0 U S C d E D_ 0 w d ❑ ' c 0 E E 0 U c c m m - N 0 0 r d E O. d N ❑ m w O 01 C 'O d a m > > O- C O E 0 E 0 v a •Q '0 y N N m C N N CD O U N M r ~ N N 16 DRAFT 2012 Annual Town Meeting April 23, 2012 WARRANT OUTLINE 02/02/2012 Art. Mover/ Moderator # Article Description Sponsor Comment Notes Amending the Capital Improvement Board of Selectmen Program FY 2012-FY 2021 S Approve Payment of Prior Year's Board of Selectmen Bills 9 Disposition of Surplus Tangible Board of Selectmen 12 IFY 2013 13 lAuthorizing Chapter 90 14 Authorizing debt repair/replacement - Whittier, Wordsworth, Tennvson Circle FINCOM tures (Board of Selectmen - Sewer Board of Selectmen Tennyson, Browning, 15 Funding for architect and OPM - School Committee Killam School uroiect 2/2/2012 1 20 19 sdq 11 Acceptance of a gift - Reading Board of Selectmen Football Scholarshiv DRAFT 2012 Annual Town Meeting April 23, 2012 WARRANT OUTLINE 02/02/2012 16 Acceptance of easement from Haven Board of Selectmen Street to "upper' Municipal parking lot, and granting an easement for installation of an ATM in the "upper" Municipal parking lot. 17 Resolution calling for an amendment Board of Selectmen to the US Constitution to reverse the effects of the US Supreme Court's Citizens United decision that allows unlimited spending by corporations, unions, and others in our elections 15 11 7 ~4 F t .:L c 18 Approval of Affordable Housing Board of Selectmen Trust Fund Allocation Plan 31t 19 Rescind Civil Service - Police Board of Selectmen Department 20 Charter amendment re number of Board of Selectmen members and minimum votes for 2/2/2012 2 21 Z.b (yl ~ COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2012 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 Library, Local History Room, 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, 65 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to , 2012, the date set for Town Meeting in,this LNarrant. I also caused a posting of this Warrant to be published on the Town of Reading website on 2012. , Constable A true copy Attest: Laura Gemme, Town Clerk 1 ~•l0 ~j 22 Precinct II Office II Term jq First Name 111 M! II Last Name II P 11 Incumbent1l Address Townwide Assessor 1 31 Camille 1W j Anthony I INo 126 Orchard Park Drive Townwide Board of Selectmen I 31John Ii (Arena I INo 126 Francis Drive Townwide (School Committee 1 31 Christophe r I (Caruso I IYes 177 Hartshorn Street Townwide (Library Board of Trustees 1 31Alice I (Collins I (No 123 Mineral Street Townwide (Moderator I 1 IAlan IE IFoulds I IYes 19 Ide Street Townwide LLibrary Board of Trustees 1 31Andrew I (Grimes I INo 1103 Oak Street Townwide IMunicipal Light Board 1 31 Richard IS IHahn 1 IYes 129 Buckingham Drive Townwide Board of Selectmen ~ 1 31 Karen (Gately !Herrick I I No 19 Dividence Road Townwide Municipal Light Board 1 31Mary Ellen I IO'Neill I IYes 1125 Summer Avenue Townwide Assessor 1 31Robert IJ (Quinn I INo 42 Benton Circle Townwide (School Committee 1 31 Robert IL ISpadafora IJr INo 10 Cory Lane Townwide Municipal Light Board 1 3 Marsie I K I West I INo 13 Whitehall Lane 1 Town Meeting Member 1 John Ii 1Arena I INo 126 Francis Drive 11Town Meeting Member I IRoy IA (Benjamin 1Jr INo 1105 Colonial Drive 1 Town Meeting Member I IMark IF ICardono I JNo 126 Boswell Road 1 Town Meeting Member 1 ISheila IM (Clarke I INo 1536 Haverhill Street I (Town Meeting Member 1 (Thomas 1William IConnery I INo 1101 Beaver Road 1 Town Meeting Member I ILin I ICrosman-Chabra I INo 156 Colonial Drive 1 Town Meeting Member I I Roger 1 J I D'Entremont 1 INo 1398 Haverhill Street 1(Town Meeting Member I IMark IL IDockser I No 1110 Beaver Road 1(Town Meeting Member I (Nancy JA IDocktor I No 1371 Pearl Street I (Town Meeting Member 1 (John IR IHalsey I INo 175 Beaver Road 1 Town Meeting Member g David ~ I 1 Francis (Lee IJr INo 155 Beaver Road 1 Town Meeting Member I Ellen I I Mounteer INo 199 Colonial Drive 1 (Town Meeting Member 1 ISheila IM IMulroy INo 1107 Eastway 1(Town Meeting Member I (Ronald (Thomas (O'Keefe JJr INo 44 Batchelder Road I (Town Meeting Member J IPaula J I Perry I INo 40 Beaver Road I (Town Meeting Member 1 (Thomas I IRyan I INo 187 Dana Road 21Town Meeting Member J IPeter IG ICoumounduros I INo 24 Smith Aveune 21Town Meeting Member 1 (Stephen IL (Crook I INo 137 Pleasant Street 21Town Meeting Member 1 (Anthony I D'Arezzo I INo 1130 John Street 21Town Meeting Member J (Marcia ( Dresser I INo 1167 Green Street 21Town Meeting Member (Thomas IB IO'Rourke I INo 150 Chequessett Road 21 Town Meeting Member IReginald IT (Peters I INo 173 Bay State Road 21Town Meeting Member 1 I Priscilla I I Ryan I INo 142 John Street 21Town Meeting Member IWilliam. IC IRyan I INo 42 John Street 3 Town Meeting Member 1 (Norman W Blanchard I INo 1276 Ash Street .3 Town Meeting Member J (John D Breslin I INo 199 Curtis Street 3 Town Meeting Member I (Richard IH (Curtis I INo 115 Holly Road 3 Town Meeting Member 1 I William I H I Downing I INo 14 Avon Street 3 Town Meeting Member j Nancy I M Graham INo 26 Holly Road 3 Town Meeting Member ILawrence JA Hurley INo 1274 Ash Street 31Town Meeting Member I (Michael IJ IMcDade I INo 133 Virgina Road 31Town Meeting Member I ISheila IC (Spinney I INo 1323 South Street 31Town Meeting Member NNancy Ii ITwomey I INo 123 California Road 31Town Meeting Member 1 (Joseph IF, Westerman I INo 117 Avon Street 41Town Meeting Member 1 Richard I P Abate I INo 1280 Woburn Street 41Town Meeting Member I (Barry IC IBerman I INo 54 Longview Road 41Town Meeting Member I (Lynne IH (Cameron I INo 39 Ellis Avenue 41 Town Meeting Member I I Richard I H Coco I INo 14 Fremont Street 41Town Meeting Member I (Stephen 1A Goldy I INo 142 Berkeley Street 41Town Meeting Member 1 IRussell IT (Graham I INo 168 Maple Ridge Road 4 Town Meeting Member 1 (Andrew IW IGrimes I INo 1103 Oak Street 4 Town Meeting Member 1 (Glen IM Hartzler I INo 1119 West Street 41Town Meeting Member 1 (Arthur I Hayden I INo 189 King Street 23 Final January 17, 2012 sd~ Precinct 11 Office 41Town Meeting Member 41Town Meeting Member 41Town Meeting Member 41Town Meeting Member 41Town Meeting Member 41Town Meeting Member 4 Town Meeting Member 4 Town Meeting Member 41Town Meeting Member 41Town Meeting Member 41Town Meeting Member 51Town Meeting Member 51Town Meeting Member 5lTown Meeting Member 5lTown Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 5lTown Meeting Member 5lTown Meeting Member 51Town Meeting Member 5lTown Meeting Member 51Town Meeting Member 5lTown Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 51Town Meeting Member 5lTown Meeting Member 6lTown Meeting Member 6 Town Meeting Member 6 Town Meeting Member 61Town Meeting Member 61Town Meeting Member 6lTown Meeting Member 61Town Meeting Member 61Town Meeting Member 61Town Meeting Member 61Town Meeting Member 61Town Meeting Member 6lTown Meeting Member 6 Town Meeting Member 6 Town Meeting Member 61Town Meeting Member 6lTown Meeting Member 71Town Meeting Member 71Town Meeting Member 71Town Meeting Member 71Town Meeting Member 71Town Meeting Member 71Town Meeting Member 71Town Meeting Member 11 Term p First Name II 1 1 David I 1 Richard J 1 I Mary Ellen I 1 Chuck I I Harry (Ben 1 Lori J J I Ralph I I I Marsie I Matthew I IMeghan I (Charles I ICamille I I IDonnan I I Jonathan I (Jared I )Angela I I I Erin I I I Marie I I Robert 1 Bo I MI G E M L L K L A L W S E F K B S (Laurence IF IEleanor IK )Janice IM IGary IM I Patrick I P IPhilip IB I Philip I Frederick I 1 Gina I M I David JA I Kenneth I E 1James IE (Jeanne IM I Michael I IRalph JA I Ronald J M Keith I (Donna I Diana I M Kenneth I (Robert IL IJeffery ID IMary Ann IC I Robert I J (Greg IF I Michael IA I Drucilla I I Carl I F (John IE I Christopher I (Michele (Weber Charles IV Jesse IM (John Jack IK Last Name II P II lncumbentll Address )Mancuso I INo 1129 Howard Street IMcDonald I INo 180 Red Gate Lane I O'Neill I No 1 125 Summer Avenue I Robinson I No 181 Prospect Street (Simmons I INo 117 Pine Ridge Road I Tafoya I INo 140 Oak Street (Vinciguerra I INo 198 Pine Ridge Road IVinciguerra I INo 98 Pine Ridge Road Pest I INo 3 Whitehall Lane Wilson I INo 1385 Summer Avenue (Young I INo 140 Oak Street (Adams I INo 113 Riverside Drive 1Anthony I INo 126 Orchard Park Drive I Barnes I INo 111 Bancroft Avenue I Barnes I INo 141 Pratt Street I Belliveau I INo 111 Grand Street IBinda I INo I10 Orchard Park Drive ICalvo-Bacci I INo 1494 Main Street I Ferrari I INo 120 Crosby Road Ferrari I INo 120 Crosby Road Garrison I INo I11 Jadem Terrace IHayes IJr INo 131 School Street IHiggott I INo 118 Buckingham Drive (Jones INo 122 Mount Vernon Street I Nihon I INo 133 Dudley Street (O'Sullivan I INo 178 Sunnyside Avenue I Pacino I INo 5 Washington Street #6D JRushworth I INo 36 Knollwood Road IShaffer I INo 167 Woburn Street Snyder I INo 111 Jadem Terrace Talbot I INo 175 Linden Street (Young I INo 148 Mount Vernon Street I Bonazoli I INo 1100 Grove Street Borawski I INo 13 Deer Path Lane Borawski I INo 3 Deer Path Lane IColorusso I INo 31 Enos Circle D'Addario I , INo 97 Summer Avenue Driscoll I INo 68 Arcadia Avenue IDudley I INo 135 Glenmere Circle I Koine I INo 110 Laneton Way ILafferty I INo 135 Stewart Road Mandell I (No 1441 Lowell Street IPerkins I INo 11 Coolidge Road 1Quinn I INo 142 Benton Circle (Quinn I No 142 Benton Circle ISelvitelli I No 125 Arnold Avenue ISmith I INo 1401 Lowell Street iWood-Beckwith I INo 117 Palmer Hill Avenue (Anderson 1111 INo 174 Whittier Road (Carpenter I INo 1114 Hanscom Avenue (Caruso I No 177 Hartshorn Street IChiappini I No 150 Locust Street I Donnelly-Moran I INo 132 Vale Road Downing I INo 191 Whittier Road Downing I INo 191 Whittier Road Final January 17, 2012 24 (32, ~ A 8 Precinct 11 Office 11 Termll First Name 11 MI 11 Last Name II P U IncumbentIl Address 71Town Meeting Member (Daniel JA IEnsminger I INo 16 Oakland Road 71Town Meeting Member IMartin J I I Foodman I INo 121 Hanscom Avenue 7 Town Meeting Member I Norman I F I Kozlowski I INo 16 Weston Road 7 Town Meeting Member I (John IA ILippift I INo 23 Mineral Street 71 Town Meeting Member I (Gary ID (Phillips I INo 42 Willow Street 71 Town Meeting Member I I Linda IM I Phillips I No 142 Willow Street 71Town Meeting Member 9 I j Darlene IC I Porter I No 1193 Lowell Street 71Town Meeting Member I IFrances IC ISansalone I INo 172 Winthrop Avenue 7 Town Meeting Member (Richard IW (Schubert i INo 1119 Winthrop Avenue 7 Town Meeting Member I IJohn IC ISegalla I INo 1115 Hanscom Avenue 71 Town Meeting Member g I IJeffrey IW IStruble INo 14 Tower Road 71Town Meeting Member I JBryan JE J JWalsh JNo 158 Grand Street 7J Town Meeting Member J I Lori I l Weir INo 1 102 Winthrop Avenue 7 1 Town Meeting Member I I Karl J E I Weld I INo 160 Highland Street 71Town Meeting Member I IJohn I IWeston I INo I10 Winthrop Ave. 7lTown Meeting Member I Karolyn I (Whiting I INo 117 Chestnut Road 81 Town Meeting Member I I William IC I Brown I INo 128 Martin Road 8lTown Meeting Member I Kendra JG (Cooper I INo 120 Covey Hill Road 8lTown Meeting Member I L Scott IDavarich I INo 18 Twin Oaks Road 8lTown Meeting Member 1 (William 10 FFinch jNo 151 Mill Street 8[Town Meeting Member I (Donald Ii IGolini INo 162 Martin Road 8lTown Meeting Member I (Kathleen IE IGolini I INo 162 Martin Road 8I Town Meeting Member 1 Olive I B I Hecht I INo 173 Martin Road 81Town Meeting Member (William Ii Hecht ISr INo 73 Martin Road 8lTown Meeting Member (Karen IGately Herrick I No 9 Dividence Road 81Town Meeting Member I IEileen (Shine ILitterio I No 122 Deborah Drive 8lTown Meeting Member I IPatricia (Jean ILloyd I INo 388 Franklin Street 8lTown Meeting Member I IJames IF ILordan IJr INo 26 Fairchild Drive 8 Town Meeting Member I 1 Bruce IA I MacKenzie I INo 1102 Sanborn Lane 8 Town Meeting Member I I Robert I I Nordstrand INo 384 Franklin Street 81Town Meeting Member I (George B IPerry III INo 230 Franklin Street 81Town Meeting Member I IJohn IH IRussell I INo 191 Spruce Road 81 Town Meeting Member 9 I 1 Margaret I W IRussell I No 191 Spruce Road 81 Town Meeting Member J I Kevin j M I Sexton I No 120 Emerson Street 8lTown Meeting Member 1 I Robert IL I Spadafora IJr INo 110 Cory Lane 81Town Meeting Member Kenneth IR ITucci I INo 18 Buckskin Drive Final January 17, 2012 25 S M TOWN WARRANT (SEAL) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Tnvm aff< irs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading. on Mondwy, 2012, at seven-thirty o'clock in the evening, at which time and place the following articles sire to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter ARTICLE 1 ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer- Collector, Board of Assessors, Director of Pphlic Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Lihrary Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board. of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2012 - FY 2021 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 5 To see if the Town will vote to adopt Massachusetts General Laws Chapter 32B, Section 20 which allows the Town to set up an irrevocable trust for "Other Post Employment Benefits Liabilities" or take any action with respect. thereto. Board of Selectmen s hD 26 ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 28 of the Warrant of the Annual Town Meeting of April 25, 2011 as amended under Article 5 of the warrant of the Subsequent Town Meeting of November 14, 2011; and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to approve the FY 2013 - FY 2022 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to authorize the payment during FiscA 1'ear 2012 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the ''Town, cr take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see if the Town will vote to authorize revolving funds for certain Town Departments under Massachusetts General Laws, Chapter 44, Section 53E Y2 for the fiscal year beginning July 1, 2012 with the receipts, as specified, credited to each fund, the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year end. Revolving Account Conservation Commission Consulting Fees Inspection Revolving Fund Spending Authority Conservation Commission Town Manager Revenue Source Fees as provided for in Reading General Bylaws . Section 5.7, Wetlands Protection Building Plumbing, Wiring, Gas and other permits for the Oaktree, Addison-Wesley/ Pearson and Allowed Expenses Consulting and engineering services for the review of designs and engineering work for the protection of wetlands. Legal, oversight and inspection, plan review, initial property appraisals and appeals, Community Services general management, curb 4 27 Expenditure Limits $25,000 Year End Balance Available for expenditure next year $200,000 Available for expenditure next year P '5j- Johnson Woods developments Public Health Clinics and Board of Services Health Library Library Materials Director and Replacement Trustees Clinic Fees and third party reimbursements Charges for lost or damaged Library materials Mattera Cabin Recreation Operating Administrator Rental Fees Director of Public Works upon the recommendati on of the Town Forest Town Forest Committee Sale of timber; fees for use of the Town Forest or take any other action with respect thereto. sidewalks and pedestrian safety improvements, records archiving and other project related costs. Vaccines, materials for screening clinics and clinical supply costs, medical equipment and supplies, immunizations, educational materials Acquire Library materials to replace lost or damaged items Utilities and all other maintenance and operating expenses Planning and Improvements to the Town Forest $25,000 $15,000 $10,000 $10,000 Available for expenditure next year Available for expenditure next year Available for expenditure next year Available for expenditure next year Board of Selectmen ARTICLE 11 -To see if the Tovrn will vote to accept a gift to establish the Friends of Reading Football Scholarship Fund to be administered by the Town of Reading Commissioner of Trust Funds in accordance with the wishes of the donors, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer fronri available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2013 - beginning July 1, 2012, or take any other action with respect thereto. Finance Committee ARTICLE 13 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen 5 7i 28 5~g ARTICLE 14 ARTICLE 15 ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to grant an easement to Northern Bank and Trust for placement of an ATM machine in the Town owned parking area between Woburn Street and Haven Street in accordance with a plan titled ; and, further, to see if the Town will vote to authorize the Board of Selectmen to acquire an easement for driveway purposes between Haven Street and the parking area from Northern Bank and Trust in accordance with a plan titled or take any other action related thereto. Boat-d of Selectmen ARTICLE 17 To see if the Town will adopt the following resolution: We, the voters at the 2012 Annual Town Meeting of the Town of Reading, affirm our belief that the First Amendment to the United States Constitution was designed to protect the free speech rights of people, not corporations. The United States Supreme Court's 2010 decision in Citizens United v. Federal Election Commission overturned longstanding precedent prohibiting corporations and unions from spending their general treasury funds in public elections. We believe that the ruling created a serious and direct threat to our democracy and the conduct of free and fair elections, by permitting corporations and others to drown out the voices of ordinary persons. Already we have seen our political process flooded with newly unleashed corporate and other money, resulting in historically unprecedented campaign expenditures. The poople of the United States have previously used the Constitutional Amendment process to correct decisions of the United States Supreme Court that invade or invalidate democratic institutions, including elections. NOW, THEREFORE, BE IT RESOLVED THAT WE, THE VOTERS AT THE 2012 ANNUAL TOWN MEETING OF THE TOWN OF READING, CALL UPON THE UNITED STATES CONGRESS TO PASS AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO RESTORE THE FIRST AMENDiIiENT AND FAIR ELECTIONS TO THE PEOPLE, AND FURTHER, WE CALL UPON THE MASSACHUSETTS GENERAL COURT TO PASS ONE OR MORE RESOLUTIONS ASKING FOR THOSE ACTIONS. The Town Clerk of the Town of Reading shall send a copy of this resolution to the state and federal representatives and senators serving the Town of Reading, and to the Governor of the Commonwealth of Massachusetts and the President of the United States, and take any other appropriate action relative thereto. Or take any other action with respect thereto Board of Selectmen ? 6 29 ARTICLE 18 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND", or take any other action with respect thereto. Board of Selectmen ARTICLE 19 ARTICLE 20 To see if the Town will vote to petition the Great and General Court for a Special Act which will amend sections of Article 2 of the Reading Home Rule Charter as follows (note - c,t cc f~;,g; represents language to be eliminated and bold represents new language): Section 2-1: Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred n., t e (492-) forth four (144) members from eight (8) precincts who shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. Each precinct shall be equally represented in Town Meetings by members so elected that the term of office of one-third of the members shall expire each year. Section 2-3: Town Meetinq Membership The registered voters in every precinct shall elect Town Meeting Members in accordance with all applicable election laws. Whenever any precincts are revised, the registered voters shall elect twenty four (24) eighteen (18) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The e+glA-(8-) six (6) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) six (6) receiving the next highest number of votes shall serve for two (2) years, and the next er^", six (6) candidates receiving the next highest number of votes shall serve for one (1)' year from the day of election. In the event of a tie, ballot position shall determine the order of finish. At each Annual Election thereafter, the registered voters in each precinct shall elect eight (8) six (6) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. After the revision of precincts, the term of office of all Town Meeting Members from the revised precincts shall cease upon the election of their successors. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. To be qualified for election on a write-n vote for a vacant Town Meeting position, the write-in candidate must receive at least ten (10) write-in votes. In the event of a tie write-in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write-in candidates whose write-in votes were tied with at least ten (10) write-in votes.. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to precinct 7 30 ~~G~ al notice in a advance and shall publish l manner shall be 7 cant position filled in this days ~n hers at least s thecOMMUnity• A vacant eeting members men Jn M e of general circulati f the term Board of Select ~vspap entire remainder o ;dfor the respect thereto _ e Rule Charter, action w+th 6 of the Reading descriN°mbed persons take any Other _ certain Section remove days following the Pursuant to and within 30 the prey+ous own wilt vote, bets to be vacan4ath of office during • to take t Meeting sessions T o See if the Meeting Members certain Town Members for failure of the -town a VICLE 2'I seats of Meeting halt or more to declare the town Mem failure to attend one their post n or for ect from thereto of electio on action with resp G. notice take any other year, or E.; Mane .I precinct - prec None cinct 3 None pre r.^-- cinct 4 None pre cinct 5 None pre precinct A precinct 7. precinct $ None None None Board of selectmen 3° 31 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 , 2012, 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 12012. Camille U Anthony, Chairman Stephen A. Goldy, Vice Chairman Ben Tafoya, Secretary Richard W. Schubert James Bonazoli SELECTMEN OF READING , Constable 32 ~o " j2Opt° zz i 2 b one. E~°d gz~sW°igg U ~ l l§ 1 7 ` =B p u4i' ~3 - z~•. - z ww j Qw o o = ~ €s8 i - _ ; ~ - ~ Z~ P uwrce w f- ~ ZU^Y-~. v o~zsF~ g ~ 0 -E F W Ogg . d NIN-s s F a~ a T+Y i T ~ ~ , c 33 III fN I ~ 2 B I m1 it 1~ Method of Election of Town Meetign members Number of Seats available on Election Day Number of Names on Ballot Write-In Elected with 10 or less Votes Write-In Elected with 11 or more Votes Number Appointed by Precinct TMM vacancies end of year TMM removed due to attendance Totals ~ M C t, C- 2--(~> 2012 2011 2010 2009 2008 2007 192 68 70 65 71 65 134 52 63 56 47 I 60 0 13 11 ( 6 I 23 8 0 I 1 1 I 1 3 I 0 0 13 I 4 I 8 I 4 I 0 0 8 3 1 1 3 0 0 5 1 4 10 3 % of seats with candidates running 1 69.79%1 34 5 year average % filled by 5 Year method Average noted 67.8 55.6 86.88% 12.2 19.06% 1.2 1.88% 3.8 5.94% 33 51'1 °r Re9~fy Town of Reading m "p y 16 Lowell Street \at0~ _ _ 9~ 11~_J_____ KMA AA A/+17 A^nr-' FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 2, 2012 RE: Process for Sale of Town Land TOWN MANAGER (781) 942-9043 Please see the attached memo from Town Counsel as well as other background material. Old Pearl Street and Audubon Road - Since even before Town Meeting picked up this Article, I have been talking with the abutting property owners at the corner of Duck Road and Audubon Road, and on Duck Road. They have expressed interest in acquiring a portion of a parcel land to "square off' their properties. The Town Engineer developed a proposed ANR plan which is attached. This would allow sale of small parcels to.the two abutters, and retention of one large parcel which meets the zoning requirements and can be sold as a buildable lot. All parcels will have an easement for the water line along them. I have requested from the Finance Committee a reserve fund transfer to do appraisals of these three lots as well as the Lothrop Road lot, and assuming that is approved on February 8, 2012, I will hirer an appraiser to have the appraisals done. The sale of small parcels to the abutters can be done on a negotiated basis without bidding, and the minimum price would be the appraised value. I would also suggest requiring the abutters to combine their existing lots with these lots so there are not separations within the same parcel. Following agreement with the abutting property owners, I- would recommend putting the main parcel out to bid with a minimum bid price of what the appraised value is. I would also suggest as a consideration in developing the bid that the property be used for a single family home only and that there be no driveway access onto Pearl Street. Oakland Road - See Town Counsel's memo regarding Article 16 and 17 on Oakland Road. I will get an estimated cost for going to land court on this property, and if the Board concurs, I would suggest moving forward with that immediately. Since this will take a while, the Board can take its time evaluating whether or not to put this property up for sale and if shether current zoning or some modified zoning should be applied. 35 3y 3F Article 18 - Lothron Road - See the attached fact sheet. Town Counsel recommends that we secure from the Zoning Board of Appeals a variance for the narrow frontage, and then put this property up for sale at the minimum bid price as established by an appraisal. PIWps 36 0-3~1 Sf~ To: Peter I. Hechenbleikner, Town Manager Re: Process for Disposal of Town Owned Property General Overview Except when the Town is exercising its eminent domain rights under G.L. c.79, or where the Town's interest was obtained through tax title procedures, the Town must comply with the provisions of the Uniform Procurement Act, M.G.L. c.30B, § 16 when disposing of, or acquiring real property. Once Town Meeting authorization is obtained, the Board of Selectmen must vote that the property is available for disposition, and specify in the vote any restrictions to be placed on the disposition. Thereafter, § 16(b) requires that the real property be appraised "through procedures customarily accepted by the appraising profession as valid." When the value of the real property exceeds $25,000, the Town must issue an RFP in compliance with § 16(d). A copy of e.30.B. § 16 is enclosed herewith.. Land with a value of less than $25,000 maybe sold or conveyed as the Board of Selectmen see fit. Article 13 - Grant Street This article authorizes the discontinuance of two portions of Grant Street containing 399 s.f. and 400 s.f., which appear to have been intended as turnarounds. Upon information and belief, the value of these parcels is negligible, and the intent was to convey each parcel to the immediate abutter. As previously discussed however, the 400 s.f. parcel is between two abutting parcels, and it was recommended that an ANR plan be prepared which divides the parcel to allow for the conveyance of a portion thereof to each. Articles 14 and 15 - Old Pearl Street and Audubon Road Article 14 authorized the sale of 13,930 s.f. of land off Audubon Road. The process for the sale of this lot must follow c.30B, § 16. Article 15 discontinued Old Pearl Street and authorized the disposal thereof by the Board of Selectmen. The odd shape of this lot and the fact that it directly abuts the 13,930 s.f. Audubon Road parcel may allow for a merger of the lots and a subdivision drawing new lot lines, allowing for the creation of one buildable lot and other non-buildable lots which may be conveyed to the abutters. It is advised that the Board consult with the Town Planner and Town Engineer to discuss the most advantageous way to deal with these parcels. Articles 16 and 17 - Oakland Road Article 16 authorized the conveyance of 27,284 s.f. of land on Oakland Road from the School Department to the Board of Selectmen for purposes of disposition. 37 G As a precautionary measure, Article 17 authorized the discontinuance of various "paper streets" which appear on one or more subdivision plans for property located off of Oakland Road. Though "paper" streets are not public ways, many of these streets abut parcels which the Town owns through the tax title process. Though no title search has been done, it is likely that the Town has obtained an interest in those paper streets by operation of the "derelict fee statute", G.L. c.183, §58 which in sum, provides that the transfer of land abutting a way will include a fee interest in the way to the center thereof, unless the grantor specifically retained the fee interest. Given the status of the tax title parcels and paper streets, I recommended that the Town institute proceedings in the Land Court pursuant to G.L. c.185 to confirm title to those parcels as well as the paper streets. Although this may be a lengthy process, it will certify the Town's title in the parcels and allow for the creation of one lot or perhaps, a subdivision of lots. Article 18 - Lothrop Road Article 18 authorized the transfer of this property from water use to the Board of Selectmen for purposes of disposition. Development of the lot for residential use will require a variance from the frontage requirements of the Zoning Bylaw which, if obtained by the Town, would result in a buildable lot that could then be disposed of in accordance with § 16(d). 38 35 spy Property Location Map-Lotid Assessed Value (fy12) Pearl Street & Audubon Road 28-202 $211,600 Town Counsel: The drainage/sewer between Charles Street and Audubon may only be an easement in which case, the underlying fee belongs to the property owners- More importantly, all I found was a plan which does not suffice to do a taking. We may be able to simply release the town's interest to the abutters. The square footage is added to their parcels and taxed as part thereof. Research needs to be done to determine ownership of the easement part of the lot. The status of the old Pearl Street right of way is also unknown. Property is made up of three separate pieces totaling 28,850 square feet, but separated by Audubon and Pearl streets. A lot of approx. 24,500 sf could be carved out if the old ROW (hatched) were abandoned and combined with the adjacent portion of the lot (labeled 13,925 sf)_The ro~erty is relatively flat with no known wetlands. Control _ z ~Board of Selectmen Utilities Sewer and water service in adjacent street ROWS. Zoning: S-15 Min. lot size I Frontage Setbacks 15,000 sf I 100' Front Side Rear Lot circle dia. 20' 15' 20' 60' Lot coverage 25% 1d 10,897 sf y ~ O °t' 28-202 110 } e 3 r' Gen V, t g N A -4,615 sf wem Charles 1 1 7 Cemetery r j , 1 le c r' Z? I imberneck r cons A u mr Sewer IJain a: Water Fain 41 s~ 0 50 100 200 Ft yl RiP,VE,~~r~" Recommended Actions • Establish ownership and contol of all three portions of the lot • Subdivide three lot portions • Determine if Town has rights to hatched right of way; dissolve it if so • Combine and sell dissolved ROW and adjacent lot 8/18/2011 39 Lawn 0 '5s / MAP 28 LOT 164 N/F I I \ LOT 183 ANTHONY 0. RIANABOS MAP 28 \ / N/F I PETER A. CENOYESE I MAP 28 LOT 200 PATRICIA NA. CROWLEY P I I S o U MAP 2N/F T 199 T LINDA L PERRY I ~ PARCEL P"• PARCEL"3-.. ' 3,700i S.F. AREP P / / MAP 14 LOT 2 _ N/F PAUL M. CORMIER / MAP 28 LOT 164 NA JEFFEREY TSAY MAP } A pFS THEISS f 1 ` ~-p ,OG? ST,', PARCEL J sTR AREA 17,8001 S.F. e(~f / 6 ~Z PQ ~P PORTION OF MAP 28 LOT 202 N/ / TOWN OF READING PEARL STREET STREET LINE OLD PCgRL STRECT (w' rueuc Row - IsN urzxA ncw) ' TOWN OF READING, MASSACHUSETTS DEPARTMENT OF PUBLIC XORKS { f y?ja PROPOSED ANR PLAN PEARL STREET SCALE, I IN = 50 FT DATE• NOVEMBER 1, 2011 £N61N£ERING DIVISION JEFFREY T. ZAGER, BIRECTOR DPW GEORGE J. ZAHBOURAS', P.E, TOVN ENGINEER 40 3q s~~ Property Location Lothrop Road Map-Lotid Assessed Value (fyl2) 9-3 $159,600 Town Counsel: Parcel under Water Department on Lothrop. The Water Department cannot hold title, so this may have been set aside for wellhead protection or some similar purpose and the Assessors labeled it as Water Dept. TM could authorize its use to be changed under c.40, sec. 15A from water purposes, and convey it to the BofS for purposes of conveyance. It's an unusually shaped lot which might support an application to vary the frontage if that would make it buildable. The Town Engineer confirms Water Department control of this. lot. Parcel frontage of 40.53 ft does not meet zoning requirements. Parcel abuts vacant state owned land (9-11) and touches the corner of a tax title lot (9-19). The land slopes up to the center of the lot and has no known wetlands. Control Water Department r Utilities Sewer and water service on Lothrop Road. Zoning:, S-20 Min. lot size Frontage Setbacks 20,000 sf 120' Front Side Rear Lot circle dia. 20' 15' 20' 80' Lot coverage 25% W-V v . E'7 N G- } to t I v\- I G\ 4 ~s~ 9 19 l~ ;~~f ;FTax. , ! fWater 9-3 1.' J l ! t f' l 31,614 sf 1o- Sewer Main =Water Main 911 1' 0 50 100 200 Ft `t 1.17A , t \ State O t 1 laa ;s\,•\, \ Mays / < ~WOBURN ,t F V Recommended Actions • Have Town Meeting authorize change of use • Convey parcel to Board of Selectmen for sale or reuse 8/18/2011 41 A\5 a • i `fi't i ~ t ~ yt Rs ~o SF~ Property Location Map-Lotid . Assessed Value (fy12) Oakland Road Lots 27-405, 33-19, 33-21 $552,600 (approx.) Town Counsel: Some of Oakland Road appears to be tax title and it is unknown if it land of low value subject to the [tax title sales] procedure. If not, it can be sold. However, because there are abutting parcels, it may be more valuable for the Town to certify title to the whole parcel, and resubdivide, or sell the entire parcel. Certifying title will dissolve the paper streets. The town does not necessarily own paper streets or have any rights therein. In addition, I understand that there is some thought that the school department may have an interest in a portion of one of the Oakland Street parcels. It would therefore be prudent to have the School Committee simply vote that the parcels are not needed for school purposes and resolve the issue once and for all. Approximately 4.5 acres is available if lots are combined and paper streets are abandoned. The land has many rock outcrops and considerable slope in some areas. There are no known wetlands. Control 4 Board of Selectmen and possibly Schools Utilities Water service on Grandview and Oakland Roads; sewer nearby on Hillside Road, Ridge Road, and Chestnut Road. Zoning: S-15 Min. lot size Frontage Setbacks 15,000 sf 100' Front Side Rear Lot circle dia. ( 20' 15' 20' 60' Lot coverage 25% 5 ~ \X)P a a, Parks ~••`3`?48 fi y 9.f 1 078 School t sA N k e a s} m oAo033-21 1 t -w it-Sewer Main 5.68 7 1 3 -2Bs ~~tBl f.A 81fI - tb~ ~ ! dN 1.A o10'f ed~ - fi l Q D 100 L00 1 33-4 9a~5 >J 53 j ,'~1 ~ 5 + ~ ~ Sr' $23 gz0 7-<B,AGRES ~xv ~ Nt .L`~ , ,55 8$4 ~ u-405 is split by Oakland 1 0 },irs~ zee Road. 11 and lot 27-412 f are in the care and custody \ 11 Tax Title of the School Dept. ' 33-19' L ~.r q J- y 3?.38 k 'e rn~°~ tae 4.5 acres total ht n 6.597'.. i /l ,'4 7 !/>'J 28,24, 1 S~ 7,254 siso °s591 t - l , tr,33 s . 28 913+ Y -r,_ 23:457 3535 RIO Recommended Actions • Research parcel boundaries and control • Have School Committee vote that the parcels are not needed for school purposes • Certify title to the whole parcel • Resubdivide or sell entire parcel 10/4/2011 42 2011 RFSF - Report to the Board of Selectman Executive Summary Sunday, September 11, 2011, was a stunning autumn day in New England and thousands of Reading residents and visitors flowed into the streets of our Downtown. In conjunction with the RFSF, the 5K Road Race included policeman, fireman, and a Marine Corps battalion running as part of the commemoration of the 10th year since the September 11 attacks. Earlier in the morning, the September 11 Memorial Service at RMHS was well attended, as were the opening services held on the Town Hall lawn. Though this was the third year of the RFSF, this was the first year for an appointed Committee to preside over the Faire and lessons learned from this year, as in prior years, will strengthen our going forward preparation and planning. Proceeds from the day totaling $20,840 were deposited to the Downtown Improvement and Events Trust (DIET,) administered by the EDC and used for downtown improvements. For example, this past year the DIET provided Reading banners and flowers in the summer, and wreaths and bows adorned the lights throughout the Downtown during the holiday season. The RFSF Committee would like to thank Sheila Clarke for her three years of dedication to this Faire. Though she steps down from the RFSF Committee, she will remain a volunteer for the Faire. Leslie Leahy - who has supported the RFSF from the beginning, officially became a member of the RFSF Committee. i h ~1r1►.'~'' Respectfully submitted, Ben Tafoya, Stephen Goldy, Leslie Leahy, Tina Ohlson and Rosemarie Murphy RFSF Committee 9 PPPP AL _ L RFSF General Procedures: Audience: f S ° 1 J ~ - Primarily designed for Reading residents - All age groups - Visitors /Vendors from out of town get a wonderful impression of the quality of people and businesses that make up the community RFSF Milestones: Create strong social networking presence (Spring) Inventory all tents and add Town of Reading property somewhere on tent (April) o Make sure that we allocate tents in advance between rented and "other" o Might need to order more (they pay for themselves through the rental) Recruit volunteers as early as possible (at the end of the school year (June)) - Create RFSF 2012 brochure early - before July - Create a layout of Children's area -for volunteers - Formal process needs to be created for RFSF Committee: o Need to set budgets early (by June,) what amounts require committee decisions o Better financial processing system (coordinated system with accounting department) o Decision points o Timelines o Contracts with Vendors o Mapping out RFSF - needs to be designed to deal with end points (Woburn, and a section of High) and consideration of the noise coming from the main stage e=h (V3 Priority Items for 2012 Enhancements and Additions (2012) - Bold indicates top priorities per Committee Chairs - Revise RFSF Committee contacts and Committee Members on Reading town website - Food Faire Application - Add that NO food, spices or anything edible (regardless of how pre- packaged). is allowed to be sold WITHOUT being cleared by the RFSF - Food Committee or without a food permit. Application currently does not say that - Improve website messaging and communication. Revamp layout, content, more specific messaging for all Faire attendees (not just faire vendors,) - Consolidate sponsorships (5K and Faire Sponsors) - Automate vendor and sponsor sign up (including payments credit cards, PayPal or similar) - Automate volunteer procedure - Sponsorship pricing online was not in synch with our brochure - Need to establish a policy for vendor "brick" placement Decisions to be made for 2012: Bold indicates top priorities per Committee Chairs - Decide whether any food companies outside of Reading should participate in the Faire o "Have plenty of restaurants/NFP selling food from Reading" - Better strategy for the amusement vendor o How many rides do we need? Ambassadors for each section of the Faire (early morning) Charge extra money ($10) for electricity Consider having only one information booth (can it coincide with the volunteer check in?) Volunteer use (setting up/taking down/ambassadors/amusements??) Feedback from 2011s: Complete logistics planning by June, 2012 outlining optimal vendor, music, crowd "flow" Vendor booths on the SE extension of High street received less foot traffic - Calareso's Farm Stand (on Main Street) was nice, but folks were walking out on the street Folks reported not hearing back when they sent a message to the website (maybe assign administration to more than one party) Reported that vendors were assigned based on payment - but that was not stated in our instructions. One of these discussions was @ the RFSF, need to improve here. Great press collaboration. In exchange for a booth, the Reading Advocate provided a two-page spread of the RFSF Understanding Disabilities on High Street greatly made a difference to the traffic in that area (9 RFSF Operations Guidelines: Committee Decisions: - Any expenses over $xxx - needs to be approved by the RFSF Committee Budget: - Budget guidelines will be established by June, 2012 - Entertainment vendor will be selected by May, 2012 - Sponsorship solicitation will occur throughout the year as part of the EDC - DIET sponsorship plan RFSF Run: - Independently organized by Reading Athletics - Sponsorships will be incorporated into the general sponsorship efforts Maintaining RFSF high standards: - Street conditions throughout the day (maintaining trash) - Providing local entertainment and special events (Jail @ Understanding Disabilities) - Provide all vendors good locations - and credit vendors (for future RFSF) if they had a bad experience that was caused by our experimentation - Strengthen guidelines for food vendors - Set up volunteers (early) to man different areas of the venue - to answer questions and provide assistance - need to be "trained" before they arrive on the scene RFSF Sponsorship Management Guidelines: - Make sure that all efforts by businesses are recognized in our sponsorship Banner for all sponsors should be a highly visible place and should "cross-market" to the 5K - Make sure that all Gold/Silver sponsors have good placements in Faire EDC working on sponsorship "options" throughout the year that would include RFSF RFSF Entertainment Guidelines: Securing Entertainment Partner: - Bids, History of Vendors, References - Review comments from Survey Monkey; volunteers indicated that more people were needed to man the different entertainment venues and had safety concerns - Ensure that the entertainment / vendors are well placed - and don't have conflicting needs Marketing Management Guidelines: - Work with all media outlets to secure advertising 9 Use social networking (Facebook/etc) Start marketing campaign well before the Faire and highlight dates, businesses participating P