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HomeMy WebLinkAbout2013-03-19 Board of Selectmen PacketDRAFT - BOARD ,OF 2013 ELECT -MEN A.GEN1 AS 13 Staff Estimated Responsibility Start time future agendas Policy on use of the AHTF Review license and permit fees Policy on Trust Fund Commissioners Discuss driveway width issues. Strout Avenue Master Plan - after Town Forest planning work is done Develop policy on affordable housing. Presentation Retiring members of the Board of Selectmen Hechenbleikner 7:30 Approval - Statement of Interest - Killam School Delai 7:40 Approval of Notice of Taking - "old" Pearl Street Hechenbleikner 7:45 Town Accountant appointment 7:50 Accepting the final report of the Town Manager Screen ing Committee 7:55 Close Warrant - Special Town Meeting Hechenbleikner/D elios 8:00 Close Warrant - Special Election 8:05 Hearing Application by FitByCatarina 335 Main Street for waiver of hours of retail operation Hechenbleikner 8:15 Hearing Change of Manager - Macaroni Grill 8:30 Review instructional motion re flag display Hechenbleikner Follow -up on status of water issues. Hechenbleikner et al March 25 & 26 - Passover - NO MEETINGS Anal 2.2Ut3 - Annual i own L+ lectlon PI V 1vME 1 ]LA k7a A Tii 1, ZUI3 - , Office Hour John Arena 6:30 Board of Selectmen Reorganization 7:30 Audit presentation /discussion Angstrom 7:45 Presentation of report on AHTF - invite RHA Delios 8:05 Presentation USPostal service re plans for Reading Post Office Hechenbleikner 8:30 Hearing W /S /SWM Rates Zager/LeLacheur 9:00 Preview Town Meeting iHechenbleikner Review Mayors Against Illegal Guns letter, and consider endorsing it. Mayor Dolan and /or Mayor Curtatone 7:40 Award bid - sale of Lothrop Road property Hechenbleikner LEAP presentation April 11, 2013 - Adopt an Island Kick off at Senior Center 7:00 p.m. April 22 2013 - Annual Town Meeting no meetngs A ri123 ,2013' , MAPC member update Sadwick Arbor Day proclamation Zager/Kinsella Telecommunications week Cormier/Burns Hearing Traffic Rules and Regulations Martel Presentation on mosquito control Clay Review rubbish limits and "barrel audit" Zager/Kinsella Review remote participation for public meetings (per Open Meeting Law) Hechenbleikner Review draft amendments to Traffic Rules and Regulations Martel Consideration of All Way stop, Birch Meadow Drive and Oakland Road. Zambouras Hearing Amending Policy on Town Forest Committee Review final drainage studies Zambouras April 25, 2013 - Annual Town Meeting no meetings April 29, 2013 - Annual Town Meeting no meetings May 2, 2013 - Annual Town Meeting no meetings Office Hour James Bonazoli n , 6:30 Proclamation Bicycle month Delios Proclamation DPW appreciation week Zager Proclamation EMS Week Burns Discussion - street numbering. Zambouras a 21;;2013 Office Hour ? 6:30 Tax Classification hearim Approve Liquor Licenses Review Goals Office Hour ? 6:30 Approve licenses Approve early openings /24 hour openings Town Accountant Quarterly meeting December 17 2013 Town Manager Performance Evaluation, establish FY 2015 salary November 12, 2013 - Subsequent Town Meeting no meetings November 14, 2013 - Subsequent Town Meeting no meetings November, 18, 2013 - Subsequent Town Meetins no meetings Tax Classification hearim Approve Liquor Licenses Review Goals Office Hour ? 6:30 Approve licenses Approve early openings /24 hour openings Town Accountant Quarterly meeting December 17 2013 Town Manager Performance Evaluation, establish FY 2015 salary °FRS- Town of Reading 'r C 16 Lowell Street INCORQOPP Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: March 14, 2013 RE: Agenda —March 19, 2013 4a) In accordance with the Town Charter, the Town Accountant is to be appointed on April 1. This is a Board of Selectmen's appointment. Sharon is not able to be at your meeting because she is attending a professional development activity. I would strongly recommend her reappointment with a term expiring March 31, 2014. 5b) Mary DeLai from the School Department has put together the statement of interest to try and secure MSBA approval for the Killam School project. This requires the Board of Selectmen approval. The statement of interest was submitted last year and was not successful, but it is worth submitting it again. 5c) Town Counsel has prepared the Notice of Taking, and has drafted the attached letter. The Board of Selectmen needs to sign the Notice of Taking. The Town, based on the February 14'h filing of the Order of Taking, now owns "Old" Pearl Street. 5d) Now that the Board of Selectmen has appointed a Town Manager, the Board should accept the final report of the Town Manager Screening Committee and that committee will then be dissolved. 5e) There is a possibility of needing a Special Town Meeting within the Annual Town Meeting to deal with a zoning issue on north Main Street. That has not been resolved yet, so this item may not be utilized. 5f) The Warrant for the Special Election is included in your packet and the Board needs to sign the Warrant. 5g) As a result of the hearings on other gyms and athletic facilities, one of the gyms reported that Fit By Catarina starts its operation before 6:00 a.m. This is located in the building where Canine Performance is located on south Main Street. 5h) The Board has the hearing on the Change of Manager for Macaroni Grill. Although this is a public hearing it is not required to be noticed in the newspaper or to the abutters. 5i) I have included in your packet the instructional motion from last fall regarding flag display and some background material. Superintendent John Doherty and I have begun to talk about trying to draft a policy for the Board of Selectmen and School Committee's consideration. 5j) I'd like to follow up with the Board of Selectmen on the status of some of the water issues that we discussed last December. I'll have a more complete presentation on Tuesday night. PIH /ps Schena, Paula From: Hechenbleikner, Peter Sent: Monday, March 11, 2013 7:59 AM To: Schena, Paula Subject: FW: BOS Vote to Submit Statement of Interest Attachments: BOS SOI Resolution 19mar2013.docx; Memo to SC Re SOI Vote 18mar2013.docx Board of Selectmen 3 -19 -13 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.readingma.gov email townmanager(o)-ci. reading. ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall.net/survey/sid/l 9ab55aed08fbc96/ From: Delai , Mary [ mailto :Ma[y.DelaiCabreadin4.k12.ma.us] Sent: Friday, March 08, 2013 12:51 PM To: Hechenbleikner, Peter Cc: Doherty, John; Gemme, Laura Subject: BOS Vote to Submit Statement of Interest Hi Peter, I hope you are enjoying this last gasp (hopefully) of winter weather. We are in the process of preparing the revised MSBA Statement of Interest for Killam for FY'13. If you recall, in order to submit an SOI, there needs to be a vote of both the School Committee and the Board of Selectman essentially authorizing the Superintendent to submit. MSBA has a very specific form of vote that is required. The School Committee will be taking action on this at their meeting on the 18tH. I was hoping that the Board of Selectman could take action on March 19th. The due date for submission is April 10th, although we are aiming for April Stn I have attached to this email the resolution for the Board of Selectman. I have also attached the memo that I drafted for the,School Committee in the event you want to share that with the BOS or draft a similar one yourself. Laura, my submission to the MSBA will. require, "a copy of the text of the vote with a certification of the City /Town Clerk that the vote was duly recorded and the date of the vote." If you could interoffice that to me following their vote, that would be great. Please let me know if you have any questions or concerns or need anything additional from me. sbl Thank you, Mary Mary C. DeLai Assistant Superintendent, Finance & Administration Reading Public Schools 82 Oakland Road Reading, MA 01867 Tel: 781 - 670 -2880 Fax: 781 - 942 -9149 Twitter: @MaryCDeLai 04v REQUIRED FORM OF VOTE TO SUBMIT A STATEMENT OF INTEREST "Resolved: Having convened in an open meeting on March 19, 2013, the Board of Selectmen of the Town of Reading, in accordance with its charter, by -laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated April 8, 2013 for the J. Warren Killam Elementary School located at 333 Charles Street which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future: Priority 5: Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility. Deficiency: The current classroom windows are original to the school which was constructed in 1969. These are single pane, non - insulated glass and transite panels which are in poor condition offering little protection from air and water infiltration into the space. These conditions are leading to a substandard learning and teaching environment as classroom temperatures are difficult to regulate. In addition, the inefficient windows require district funds that could otherwise be directed to instructional priorities to be used for increased energy costs. Priority 6: Short term enrollment growth. Deficiency: Shifting enrollments in the district, most notably a larger proportion of students entering full day kindergarten as opposed to half day kindergarten and an increase in the number of children requiring special education services, is impacting space needs in most of our elementary schools, including J. W. Killam Elementary School. In addition, housing trends in Reading in general and in the Killam district in particular have led to an increased number of new students enrolling in the Killam School this year. To accommodate increased enrollments, the school has had to consolidate art and music into one classroom and consolidate special education program space to make classrooms available for core academic instruction. At least one grade level will have sub - optimal class sizes due to the lack of additional space. These space constraints are also hindering the district from fully implementing its educational program of full day kindergarten for all students. The Board of Selectmen of the Town of Reading hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town of Reading, Reading Public Schools to filing an application for funding with the Massachusetts School Building Authority." READING PUBLIC SCHOOLS Preparing Reading's Youth to Be Respectful and Productive Citizens of a Global Society John F. Doherty, Ed.D. 82 Oakland Road Mary C. DeLai Superintendent Reading, Massachusetts 01867 Assistant Superintendent Telephone 781- 944 -5800 Patricia A. de Garavilla Fax 781- 942 -9149 Elizabeth Conway Assistant Superintendent Human Resources Administrator MEMORANDUM TO: Reading School Committee FROM: Mary DeLai DATE: March 18, 2013 RE: Submission of MSBA Statement of Interest, J.W. Killam Elementary School The Massachusetts School Building Authority ( "MSBA ") began accepting Statements of Interest ( "SOls ") for its FY'13 programs on January 9, 2013. The submission process extends through April 10, 2013. Submitting an SOI is the critical first step in the MSBA's program for school building construction, addition /renovation, and repair grants. It allows districts to inform MSBA about deficiencies that may exist in a local school facility and how those deficiencies inhibit the delivery of the district's educational program. The purpose of the S01 is for the District to identify perceived deficiencies within a school facility. The MSBA and the District would then work in partnership to identify possible solutions if /when the District is invited by the MSBA Board of Directors into the Capital Pipeline or Accelerated Repair Program. If a District is invited into either the Capital Pipeline or Accelerated Repair Program, the MSBA and the District will begin collaboration to determine the most educationally- appropriate and cost - effective solution to the deficiencies in a building. Our plan is to re- submit, with revisions, the FY'12 Statement of Interest for the J.W. Killam Elementary School for consideration in MSBA's FY'2013 program. The selected priorities and the identified deficiencies are described in the attached "Required Form of Vote to Submit a Statement of Interest." In order to show the support of the local officials for the submission of an SOI, the MSBA requires votes from the local school committee and, except in the case of a regional school district, the local governing body (e.g., City Council /Aldermen /Board of Selectmen) authorizing the Superintendent of Schools to submit an SOL The Superintendent of Schools then files the 501 after having been authorized to do so by the School Committee and by the local governing body. At the School Committee Meeting on Monday, March 18, 2013 we will ask for your vote to approve the attached resolution. We will request that the Board of Selectman take similar action at its meeting on March 19, 2013. 5� The Reading Public Schools does not discriminate on the basis of race, color, sex, religion, national origin, sexual orientation, age or disability. This firm serves as town counsel to the Town of Reading. I am attaching a Notice of Taking because the Town recently took Old Pearl Street by eminent domain in order to clear a title issue with this road. Old Pearl Street is an old road that predates the incorporation of the Town and thus there is no deed to the Town for the area of the street. In order to discontinue the street and convey a portion of the street the Town needed to take the street by eminent domain to clear the title. However, there is a legal presumption that property owners along the street and any other person with a property interest in the road, such as mortgage holders, own to the center of the road. Part of the eminent domain procedure requires notice to all persons holding an interest in the road and thus we are sending this notice to you and any mortgage holder on record. If you have any question please free free to contact [me] [someone else] at the following number. 5'G � NOTICE OF TAKING LOT A AND LOT B PORTIONS OF OLD PEARL STREET To: Name: Address: Copy to Mortgagee(s) of Record: Notice is hereby given that on February 12, 2013, the Board of Selectmen of the Town of Reading adopted an Order of Taking to take in fee simple by eminent domain, the two portions of the way known as Old Pearl Street, lying within the Town of Reading, Middlesex County, Massachusetts, more particularly set forth in the Order of Taking, a copy of which is attached hereto and marked "Appendix A." On February 14, 2013, said Order of Taking was recorded with Middlesex South County Registry of Deeds (Book 61204, Page 123), being within thirty (30) days of the date of the adoption of the Order of Taking as authorized by Mass. General Laws, Chapter 79, §3. Any right to damages for this taking vested on February 14, 2013, the date on which the Order of Taking was recorded in said Registry of Deeds. This taking was made by the Board of Selectmen of the Town of Reading, in the County of Middlesex and Commonwealth of Massachusetts, acting under the authority of and in accordance with Chapter 79 of the General Laws of the Commonwealth of Massachusetts, all as amended, by virtue of the authority conferred upon them by a vote of more than two - thirds under Article 7 of the Special Town Meeting held on January 28, 2013. Old Pearl Street, referred to and further described in said Town Meeting Article 7, was taken in order to confirm title and for public convenience and necessity and so that Lot A may be discontinued and sold. No damages will be awarded. Mass. Gen. Laws c.79, § §14 and 16, provide that you may petition the Superior Court for an assessment of damages within three (3) years after the right to damages has vested. Betterments will not be assessed. The names of owners, mortgage holders and awards, if any, are as set forth in Appendix B ", attached hereto and made a part hereof. IN WITNESS WHEREOF, (all) (a majority) of the Board of Selectmen of the 56-2 Town of Reading have signed the foregoing Notice of Taking this day of March, 2013. Stephen Goldy, Chairman Ben Tafoya Richard W. Schubert James E. Bonazoli John Arena '9(�3 APPENDIX B Abutters Name and Address Mortgage Holders Name and Address Map 28, Lot 164 Book 44651, Page 249 Jeffrey Tsay GMAC Mortgage Corp. Sharon W. H. Tsay 100 Witmer Road 134 Pearl Street, Unit 1 Horsham, PA 19044 -0963 Reading, MA 01867 Map 28, Lot 184 Book 58373, Page 358 Arthur O. Tzianabos Monument Mortgage Company Kirsten Q. Tzianabos 1050 Waltham Street 14 Duck Road Lexington, MA 02491 Reading, MA 01867 Loan No. 0826947104 Map 28, Lot 183 Book 50552, Page 19 Peter A. Genovese Mass Bank Patricia A. Genovese 50 Central Street 10 Duck Street Lowell, MA 01852 Reading, MA 01867 Book 57707, Page 347 North Shore Cooperative Bank 32 Main Street Peabody, MA 01960 Loan No. 199 -22166 Map 28, Lot 200 Book 58419, Page 535 Patricia A. Crowley MSA Mortgage, LLC 12 Audubon Road 5 Fremont Street Reading, MA 01867 Winthrop, MA 02152 soN Map 28, Lot 199 Linda T. Perry 160 Pearl Street Reading, MA 01867 Map 34, Lot 20 Paul M. Cormier Lisa J. Cormier 164 Pearl Street Reading, MA 01867 Map 34, Lot 57 Theiss E. Winkler 166 Pearl Street Reading, MA 01867 Mailing Address: 66 Longview Road Reading, MA 01867 Audubon Street Radii (Plan No. 96 of 2013) John Raffi 402 Salem Street Wakefield, MA 01880 Book 42068, Page 110 Home Finance of America 521 Plymouth Road, Suite 112 Plymouth, PA 19462 Book 54949, Page 141 Hanscom Federal Credit Union 8 New England Executive Park Drive Burlington, MA 01803 Book 61060, Page 546 Salem Five Mortgage Company, LLC 210 Essex Street Salem, MA 01970 (In Lisa J. Cormier's Name Only) Book 36293, Page 163 Greenpark Mortgage Corp. 140 Gould Street Needham, MA 02494 Mortgage Assigned to: Book 48500, Page 123 Netbank 9710 Two Notch Road Columbia, SC 29223 -9884 5� COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH MIDDLESEX, SS. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the Town of Reading who are qualified to vote in the State Primary Election to vote at Precincts 1, 2, 3, 4, 5, 6, 7, and 8 Reading Memorial High School - Hawkes Field House - Oakland Road on TUESDAY, THE THIRTIETH OF APRIL, 2013, from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the Special State Primaries for the candidates of political parties for the following office: SENATOR IN CONGRESS ....................................................................... ............................... FOR THE COMMONWEALTH Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 19th day of March, 2013 A true copy Attest: Laura A Gemme, Town Clerk Stephen A Goldy, Chair Ben Tafoya, Vice Chair Richard W Schubert, Secretary James E Bonazoli John J Arena BOARD OF SELECTMEN Constable y r---1 April 30, 2013 State Primary Warrant COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on March , 2013 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, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than seven (7) days prior to April 30, 2013 the date set for the State Primary Election in this Warrant. I also caused an attested copy of this Warrant to be posted on the Town of Reading web site. A true copy Attest: Laura Gemme, Town Clerk Constable �v LEGAL NOTICE OFR�gp' n ' r � sf9'lNCOR�¢T TOWN OF READING' NOTICE OF PUBLIC HEARING To the Inhabitants of`the Town of Reading: • Please take notice that. Vie Board of Selectmen of the.47"', of Reading will hold a• pabl hearing on March 19, 2di& 8:15 p.m. in *the Select* Meeting Room, 16`yj Street, Reading, Massadwet ,t on .an application for Waiitr Hours of Operation beforlt+s . a.m. for Fit By Catarint, Main Street. A copy of the propos , ument regarding this t available in the Manager's office, 16 Street, Reading, MA,O�A Thurs from 7:30 a.m. P.M., `Tues from 7:30 7:00 p.m. and is attachedi$th hearing'notice on the websitei14- www.readingma.gov ; All interested parties ar invited to attend the hearing, may submit their comme`nts:IA. writing or by small prior tb 60-1 p.m. on March 19, 2643 4t4 townmanager9ci.reading.mactt. S *,f By ordi rq� Peter I. Hechenblaige� Town MAa'e1 " es 3/12 ; M 541 MINOT STREET LLC MINOT STREET LLC 185 MAIN ST 185 MAIN ST STONEHAM, MA 02180 STONEHAM, MA 02180 MINOT STREET LLC MINOT STREET LLC 185 MAIN ST 185 MAIN ST STONEHAM, MA 02180 STONEHAM, MA 02180 POLIZZOTTI BRIAN M MACAULAY ANNA MARIE KELLI A POLIZZOTTI 12 PINE AVE 10 MINOT ST READING, MA 01867 READING, MA 01867 GIBSON CLIFFORD J GALLO MATTED TRUSTEE RUTH A GIBSON OCEANVIEW NOMINEE TRUST 19 MINOT ST 376 NORTH ST READING, MA 01867 BOSTON, MA 02113 GARLAND JANET L YAN JUN 23 AVON ST HUIHUI GU READING, MA 01867 6 BENJAMIN LN READING, MA 01867 PATEL ARVIND B KANTOROSINSKI ZBIGNIEW TRUSTEE ANJU PATEL E & P REALTY TRUST 231 ASH ST 323 MAIN ST READING, MA 01867 READING, MA 01867 M & N REALTY CORP, INC. M & N REALTY CORP, INC. 315 MAIN STREET 315 MAIN STREET READING, MA 01867 READING, MA 01867 CAPIAU PHILLIPPE T ETAL TRS PATEL KALPESH SMART REALTY TRUST RAKSHA PATEL 328 MAIN STREET 12 BENJAMIN LN READING, MA 01867 READING, MA 01867 DUNN JONATHAN M READING MUNICIPAL LIGHT DEPT SUNITA DUNN 230 ASH ST 19 BENJAMIN LN READING, MA 01867 READING, MA 01867 MINOT STREET LLC 185 MAIN ST STONEHAM, MA 02180 DOUCETTE EDWARD MARION DOUCETTE 18 MINOT ST READING, MA 01867 MACAULAY ANNA MARIE 12 PINE AVE READING, MA 01867 LOZIER JEREMIE AMY JAMES 25 AVON ST READING, MA 01867 FLEMING CHRISTINE M RUI JORGE 237 ASH ST READING, MA 01867 KANTOROSINSKI ZBIGNIEW TRUSTEE E & P REALTY TRUST 323 MAIN ST READING, MA 01867 MPG INVESTMENT LLC 324 MAIN ST READING, MA 01867 MOLL MARC L KIMBERLY A MOLL 20 BENJAMIN LN READING, MA 01867 READING MUNICIPAL LIGHT DEPT 230 ASH ST READING, MA 01867 O'BRIEN JOHN J JR PASCUCCIO MARIO ETAL TRS JONES DANIEL J JR CAROLYN E O'BRIEN M AND D MINOT ST REALTY TR JONES DIANE M 24 MINOT ST 690 MAIN ST 33 MINOT ST READING, MA 01867 WOBURN, MA 01801 READING, MA 01867 15"'g v NASH -COLE MAUREEN G LONG G BURTON DEFIORE MARIAN A 35 MINOT ST WANDA S LONG 219 ASH ST READING, MA 01867 41 LONGVIEW RD READING, MA 01867 READING, MA 01867 WATSON JOHN CONN DONALD L JR TRUSTEE CONN DONALD L JR TRUSTEE C/O LYNDSIE RAO LEWIS ELSTAN TRUST ELSTAN TRUST 211 ASH ST 114 FOREST STREET 114 FOREST STREET READING, MA 01867 MELROSE, MA 02176 MELROSE, MA 02176 ROGERS STEVEN ROGERS STEVEN SUPINO MARK A TRUSTEE 338 -340 MAIN ST 338 -340 MAIN ST THE MJJ REALTY TRUST READING, MA 01867 READING, MA 01867 176 LOCKSLEY RD LYNNFIELD, MA 01940 MELENDY MILDRED L (L.E) TOWN OF READING TOWN OF READING C/O FRED J RAVENS III ETAL TRUSTEES LIGHT DEPT MUNICIPAL LIGHT DEPT 198 ASH ST 208 ASH ST 218 ASH ST # 226 READING, MA 01867 READING, MA 01867 READING, MA 01867 TOWN OF READING READWIN LLC THE RESTAURANT UNITS CORP MUNICIPAL LIGHT DEPT C/O TRIDEND MGMT CORP C/O BURGER KING #3957 218 ASH ST # 226 PO BOX 503 PO BOX 020783 READING, MA 01867 READING, MA 01867 MIAMI, FL 33126 LINEAR RETAIL READING #1 JOLY JAMES M ETAL C/O CBRE /GROSSMAN RETAIL ADVISORS PARK REALTY TRUST LLC 348 MAIN ST 33 ARCH ST, 30TH FL READING, MA 01867 BOSTON, MA 02110 sg3 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, February 26, 2013 9:42 AM To: Schena, Paula Subject: FW: Hours of operation Copy to Board of Selectmen with hearing info. 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.readingma.gov email townmanager ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall.net/survey/sid/l 9ab55aed08fbc96/ From: Cormier, Jim Sent: Tuesday, February 26, 2013 9:39 AM To: Hechenbleikner, Peter Cc: Delios, Jean; Clay, Ruth Subject: Re: Hours of operation Pete, We have reviewed the request and see no issues with the request. Chief James W. Cormier Chief of Police Reading Police Department 15 Union St. Reading, MA 01867 JCormier(a,ci.readina.ma.us 781- 944 -1212 FBINAA 233 On Feb 25, 2013, at 11:41 AM, " Hechenbleikner, Peter" <phechenbleikneraaci.readin> wrote: Any comments /suggestions /questions? Peter I. Hechenbleikner Town Manager Town of Reading sgK Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, March 06, 2013 9:05 AM To: Schena, Paula Subject: FW: Hours of operation 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.readingma.gov email town managerna.ci. reading, ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma - survey.virtualtownhall. net /survey /sid /l 9ab55aedO8fbc96/ From: Delios, Jean Sent: Monday, March 04, 2013 4:14 PM To: Hechenbleikner, Peter; Cormier, Jim; Clay, Ruth Subject: RE: Hours of operation My only comment is how this relates to the other businesses in that building. I am not familiar with how the other businesses operate such as the dog trainer. Also, I watched the video of fit by Catarina and I count more than 10 people. Jean J. Dehos (. t)rnmunjiy S r0v—, D rcc(or /`Cowie Planner ToYAn of Reading 1.6 Lowell, Street Reading, MA 01867 -2685 (P) 781-942-661.2 (F) 781-942-9071 Town Hall Hours as of .Tune 7, 201011, w, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED jdelios@ci.reading.ma.us www.readingma.gov survey.virtualtownhall.net/survey/sid/de8bdaal6db9e6b4/ httn: / /readingma- From: Hechenbleikner, Peter Sent: Monday, February 25, 2013 11:41 AM To: Cormier, Jim; Delios, Jean; Clay, Ruth Subject: FW: Hours of operation Any comments /suggestions /questions? 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.readingma.gov email town manager(d.)ci. reading. ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey. virtualtownhall. net /survey /sid /l 9ab55aed08fbc96/ From: catarina@ftbycatarina.com [ mailto :catarina @fitbycatarina.com] Sent: Monday, February 25, 2013 11:32 AM To: Hechenbleikner, Peter Subject: RE: Hours of operation Hi Peter, It was great to meet you today, thank you very much for your time. Thank you for granting me the permission to stay open for the time being. Here is my letter of application. To whom it may ccncern, My name is Catarina Cipriani and I am a Personal Trainer here in Reading. I personal train a max of 8 -10 people at a time at 5:15 a.m and 6:15 a.m Monday- Friday at the Encore Dance Academy Studio in Reading located at 335 Main Street in between Bagel World and Health Store Shopping complex. The reason for my early hours is due to the fact that my clients have to get home in time to get their children off to school and or get to work and the early morning hours (5:15 a.m) is the ONLY time that works best for their schedules. I am the only personal trainer in the studio at that time. My clients come into the parking lot, and walk less than 50 feet into the studio and work out for one hour and leave. Therefore, I am requesting a variance to conduct business before 6 a.m. I appreciate your time and understanding. Sincerely, Catarina Cipriani Catarina Cipriani ACSM CERTIFIED PERSONAL TRAINER P90X CERTIFIED TRAINER S5 INSANITY CERTIFIED TRAINER MMA CERTIFIED CONDITIONING COACH -- - - - - -- Original Message -- - - - - -- Subject: Hours of operation From: "Hechenbleikner, Peter" <phechenbleikner(c ci. reading. ma. us> Date: Thu, February 21, 2013 2:03 pm To: " 'Catarina(a)FitbyCatarina.com "' <Catarina(aFitbyCatarina.com> Hi, It has been brought to my attention that you start your business operation before 6 am, contrary to Town Bylaw. If you want to continue to do business prior to 6 am you must apply to the Reading Board of Selectmen to do so. A letter of application is satisfactory. The Board of Selectmen will then hold a public hearing on your application, and if they grant the approval it is an annual license subject to renewal each year. I am copying below a copy of the bylaw and the Board of Selectmen regulations on this matter. Please let me know whether you plan on changing hours to start after 6 am, or whether you will be making application for a waiver. Reading General Bylaw: 7.7 Retail Sales 7.7.1 Hours of Operation No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM. 7.7.2 Exceptions This bylaw shall not apply to the retail or commercial operation of facilities operated by Innholders and /or common Victualers and /or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 AM. 7.7.3 Innholders For the purposes of this bylaw, facilities operated by Innholders shall include, but not be limited to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment for which a license is required under M.G.L. Chapter 140; the term facilities operated by a common Victualer shall include a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common 7 3 6_1 2. Victualers license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of M.G.L. Chapter 138. 7.7.4 License to Permit Operation between Midnight and 6:00 AM If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public necessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 AM and 6:00 AM or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: 7.7.4.1 Reasons for Night -time Operation That the operation of the retail or commercial establishment during the night -time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; 7.7.4.2 Findings for Approval of Night -time Operation That operation of the retail or commercial establishment during the night -time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 7.7.5 Hearing for Initial Approval The Board of Selectmen shall give public notice of the initial request whereby a retail or commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM or any portion thereof and shall hold a public hearing on the initial request within thirty (30) days of receipt of any such request. The Board may determine annually whether a public hearing will be required on an application to renew the annual approval of a business to be open between the hours of 12:01 AM and 6:00 AM. 7.7.6 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21 D. REGULATIONS Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and /or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: Approval will be granted for businesses within a commercial or industrial zoning district only. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. s-1 o 4. 5. 6. 7. 8. 9. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. The Board may limit the use of outdoor speakers, drive - thru's, and /or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building /Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 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 .rreadingma.gov email town manager(d)ci. read ing. ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net /survey /sid /l 9ab55aed08fbc96/ s�� The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 101600024 Reading�� ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): ❑ New License New Officer /Director ❑ Pledge of License ❑ Transfer of License Change of Location ❑ Pledge of Stock 7 Change of Manager ❑ Alteration of Licensed Premises ❑ Transfer of Stock ❑ Cordials /Liqueurs Permit ❑ Issuance of Stock ❑ New Stockholder ❑ For Reconsideration 03/19/2013 Local Approval Date E] Change Corporate Name ❑ Seasonal to Annual ❑ Change of License Type ❑ Other 6 -Day to 7 -Day License R Management /Operating Agreement ❑ Wine & Malt to All Alcohol Name of Licensee Mac Acquisition of Delaware LLC EIN of Licensee D /B /A Romano's Macaroni Grill Manager Darren Tervail ADDRESS: 48 Walkers Brook Drive CITY/TOWN: Reading STATE El ZIP CODE 01867 Annual All Alcohol Restaurant Annual or Seasonal Category: (All Alcohol - Wine & Malt Wine, Type: (Restaurant, Club, Package Malt & Cordials) Store, General On Premises, Etc.) Complete Description of Licensed Premises: Application Filed: Mar 4, 2013 Advertised: Abutters Notified: Yes ❑ No ❑X Date & Time Date & Attach Publication Licensee Contact Person for Transaction Laura Richard Phone: 972 - 674 -4322 ADDRESS: 6750 LBJ Freeway CITY/TOWN: Dallas STATE ZIP CODE 75240 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director ABCC Remarks: ,5h 1 rw. 1101600024 ABCC License Number The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass. gov/abcc PETITION FOR CHANGE OF LICENSE 2013 MAR -4 AM 9= 26 Reading City/Town licensee Mac Acquisition of Delaware LLC respectfully petitions the Licensing Authorities to approve the ,wing transactions: n Change of Manager n Alteration of Premises n Pledge of License /Stock n Cordial & Liqueurs Ei Change of Corporate Name /DBA F1 Change of Location Change of License Type ( §12 ONLY, e.g. "club" to "restaurant ") Z Change of Manager n Pledge of License /Stock Change of Corporate Name /DBA n Change of License Type Last - Approved Manager: john O'Brian Requested New Manager: Darren Tervail Loan Principal Amount: $ Interest Rate: Payment Term: Lender. Last - Approved Corporate Name /DBA: F_ I Requested New Corporate Name /DBA: Last - Approved License Type: Requested New License Type: Alteration of Premises: (must fill out attached financial information form) Description of Alteration: Change of Location: (must fill out attached financial information form) Last - Approved Location: Requested New Location: Signature of Licensee Date Signed v Of a Co ation/LLC. by Its authorized representative) 02/20/13 02:05PM HP LASERJET FAX Tiro Cottuuartwealtlr ofMassachtisells _ iJ/�v/ro1lG 13e�era�es Cunlro! Cottunlsslon 239 Causeway Slreel _ - - Boston, MA 0211.E ttrtE'J4a i11/.!b£S,$'ltd'�Lf.�.EC RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM P.01 APPLICATION Si -IOULQ SE COMPLeTCO ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWCALTH OF MA, $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER IF USED SPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER IIF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY} 101600024 LICENSEE NAME Mac Acquisition of Delaware LLC ADDRESS 16750 LO) Freeway CITY/TOWN Dallas IMNSA!,IQN TYPE (Please check.alI rCl2vghjjr n0Ct1on.S1: ❑ Alteration of Licensed Premises 0 Change Corporate Name ❑ Change of License Type STATE ❑ Cordials/Liqueurs Permit E] Issuance of Stock ❑ Management/Operating Agreement ZIP CODE ❑ New Officer /Olrector New StoddMder ❑ Pledge of Stock 175240 ❑ Transfer of License ❑ Transfer of Stock © Wine & Malt to All Alcohol ❑ Change of Location d More than (3) 3t S 0 Pledge of License ❑ 6-Day to 7-Day License Change of Manager ❑ New License ❑ Seasonal to Annual ❑ Other I = THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. 0, BOX 3396 BOSTON, MA 02241 -3396 ,S4 3 The Commonwealth ofMassachtisetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 iy my. rnass.ga v-Mbcc MANAGER APPLICATION Ail proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 11. LICENSEE INFORMATION: Legal Name of Licensee: Address: City/Town: ABCC Ucense Number: (if existing licensee) IMac Acquisition of Delaware LLC Business Name (dba): LBJ Roman Macaroni Grill IDallas I State: TX Zip Code: 1101600024 Phone Number of Premise: 972- 574 -4300 2. MANAGER INFORMATION: A. Name: IDarren Tervail B. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises: F 55•-60 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes S No ❑ a. Date of Naturalization: C. Court of Naturalization: (Submit proof of citizenship and /or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial Interest In a license to sell alcoholic beverages? Yes ❑ No ❑X If yes, please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No ❑X If yes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No ❑ If yes, please describe: 3 rior times Olive Garden TGI Frida s, Buffalo Wild Wino D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): 12/2011 - 1/2013 11131 Fridays, 3015 Lohr Road, Ann Arbor, MI 48103 734- 997 -7050 Manager 1 hereby swear un a ains and Signature Information I have provided in this application is true -d accurate. Date 2 G app Sti K The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 U1Wwww.mass gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 11. LICENSEE INFORMATION: A. Legal Name of Licensee Mac Acquisition of Delaware LLC C. Address F750 LBJ Freeway E. City/Town Dallas B. Business Name (dba) Romano's Macaroni Grill. D. ABCC License Number 101600024 (If existing licensee) State TX Zip Code 75240 F. Phone Number of Premise 972 -674 -4300 G. EiN of License PERSONAL INFORMATION: A. Individual Name Darren Tervail B. Home Phone Number C. Address 73 East Bradary — Apt. K D. City/Town wwp�x Berry State Zip Code 03038 E. Social Security Number F. Date of Birth G. Place of Employment Romano's Macaroni Grill 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No p If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where occurred the chantes as well as the disposition FI a detailed description of your direct or indirect, beneficial or financial interest in this license. None IMPORTANT ATTACHMENTS (8): For all cash *if additional space is needed, please use the last page months of bank statements 1 hereby swear under the pains and penalties of perjury that the Information l have provided In this application is true and accurate: Signature Date .Title Executive Vice President (if Corporation /LLC Representative) / / 02/20/13 02:05PM HP LASERJET FAX Additional Space Please note which question you are using this space for. '�7,'�`',,� ` ��aG, C� \•.rte. C�:GU.�,.u•�. p.06 Cam, �ri•.:r��.�; -- � C�....;..r,�,.. � G�r 5 � (o Hechenbleikner, Peter From: Gemme, Laura Sent: Wednesday, January 23, 2013 12:13 PM To: Hechenbleikner, Peter; 'Doherty, John' Subject: RE: Flag display William C Brown, Precinct 8 moved that a joint committee of the Board of Selectmen and the School Committee establish Rules and Regulations for the proper display of the United States Flag on all buildings and property where displayed under their control. L a4,o cc, A (j i Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781 -942 -6647 (F) 781 - 942 -9070 (E) Igemme @ci.reading.ma.us (W) http: / /www.readingma._ov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 AM to 5:30 PM Tuesday - 7:30 AM to 7:00 PM Friday - CLOSED When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. From: Hechenbleikner, Peter Sent: Wednesday, January 23, 2013 11:56 AM To: 'Doherty , John' Cc: Gemme, Laura Subject: RE: Flag display Laura — can you send John Bill Brown's instructional motion? 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.rn. - 7:00 p.m. Friday: CLOSED phone: 781 - 942 -9043 6-/ . / fax 781 - 942 -9071 web www.readinclrna . qov email town rTianagerCcDci. reading. ma. us Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall. net /survey /sid /19ab55aed08fbc96/ From: Doherty , John Imailto:John.Doherty reading.kl2.ma.us1 Sent: Wednesday, January 23, 2013 10:23 AM To: Hechenbleikner, Peter Subject: RE: Flag display Hi Peter, Thanks for the email. I have not approached this with the School Committee yet. Can you send me the Instructional Motion? Maybe we can develop a joint draft policy. Thanks John F. Doherty, Ed.D. Superintendent of Schools Reading Public Schools 82 Oakland Road Reading, MA 01867 781 -944 -5800 iohn.doherty @reading.kl2.ma.us Please don't print this e-mail unless you really need (�o From: Hechenbleikner, Peter [ma i Ito: phechenbleikner(�bci . read ing. ma. us] Sent: Wednesday, January 23, 2013 9:46 AM To: Doherty , John Subject: Flag display Has the School Committee given any thought to addressing the instructional motion re coming up with a policy on the display of the American Flag? I have this on for general discussion by the Board of Selectmen on February 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 tu�vw. reading na_ ov 2 �� Z email town manager((�ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net /survey /sid /l 9ab55aedO8fbc96/ ,,-) 3 uariag.uig. ri WCONILC UCUICULCU w one ring vi the unitea -jtates oI Ameri... rage i oI z Site Click to Click toes ° °za -�- Go {ey: Listen - ' Print Flag Etiquette Half Staff Displays From the Nov. -Dec. 1994 National Flag Foundations "Standard Bearer" Magazine. This article remains the copyrighted material of the National Flag Foundation and is presented here by permission. Flying the flag at half -staff is an area of flag etiquette that most people want to make sure they get right. It is also an area for which the road to error is routinely paved with good intentions. With that in mind, we offer this refresher course as the all- important intersection where knowledge meets benevolence. FLYING THE FLAG AT HALF - STAFF: The pertinent section of the Flag Code says, "by order of the President, the flag shall be flown at half -staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possesion, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half -staff according to Presidential orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death a present or former official of the government of any State, territory, or possession of the United States, the Governor of that state, territory, or possession may proclaim that the National flag shall be flown at half - staff." The code also includes other related details including the specific length of time during which the flag should be displayed at half - staff, in the event of the death of a "principal figure "(e.g., 30 days for the death of a sitting or former President, 10 days for the death of a sitting Vice- President,etc.). GOOD -FAITH MISUNDERSTANDINGS: Although the code is actually pretty clear, confusion continues to occur. For example, U.S.-Attomey General Janet Reno recently ordered the American Flag flown at half -staff on all U.S. Department of Justice buildings, in honor of several DEA agents who had died. While NFF understands this gesture, the Flag Code http: / /www.usflag.org /nffhalfstaff.html ,e- • Y 2/12/2013 UOriag.urg: IA WCUSILe ueuicateu to the rtag of the unitea Mates of Ameri... rage 1. of 1 does not give Attorney General Reno the authority to issue that order. Closer to NFF's Pittsburgh, Pennsylvania home, Mayor Tom Murphy ordered all flags flown at half -staff to honor the victims of a plane crash. Here again, a well - intentioned gesture, but one for which no authority exists. NFF points out these "good -faith misunderstandings" not to criticize or embarrass anyone, but rather to head off a growing trivialization of this memorial salute, and to preserve the dignity and significance of flying the U.S. flag at half - staff. To any readers who may think that NFF is insensitive for raising these breaches of etiquette, please be assured that our motives are pure. We grieve these human loses deeply; however, we believe proper respect for our flag must be maintained - no matter the circumstances. We owe that respect to our living, our dead and our flag. To National Flag Foundation Home Page This page is maintained by Duane Streufert, Contact Us. Questions or comments welcome! This Site Established on 20 November 1994. Last Updated 10 February 2005. Web Design and Development by Visionary Enterprises S1 http: // www.usflag.org /nffhalfstaff.html 2/12/2013 Order Code RL30243 CRS Report for Congress Congressional • t Research Service The United States Flag: Federal Law Relating to Display and Associated Questions Updated April 14, 2008 John R. Luckey Legislative Attorney American Law Division Prepared for Members and Committees of Congress The United States Flag: Federal Law Relating to Display and Associated Questions Summary This report presents, verbatim, the United States "Flag Code" as found in Title 4 of the United States Code and the section of Title 36 which designates the Star - Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The "Flag Code" includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The "Code" also grants to the President the authority to modify the rules governing the flag. The report also addresses several of the frequently asked questions concerning the flag. The subject matter of these questions includes the pledge of allegiance and the court decisions concerning it, the nature of the codifications of customs concerning the flag in the "Flag Code," display of the flag 24 hours a day, flying the flag in bad weather, flying the flag at half - staff, ornaments on the flag, destruction of worn flags, display of the U.S. flag with flags of other nations or of States, commercial use of the flag, size and proportion of the flag, and restrictions upon display of the flag by real estate associations. 51"l"g Contents Background........................ ..............................1 The Flag Code — History and Text ..... ............................... 2 Title 4 United States Code: ....... ............................... 2 § 4. Pledge of Allegiance to the Flag; Manner of Delivery ......... 2 § 5. Display and Use of Flag by Civilians; Codification of Rules and Customs; Definition . ............................... 3 § 6. Time and Occasions for Display .......................... 3 § 7. Position and Manner of Display ........................... 4 § 8. Respect for Flag ........ ............................... 6 § 9. Conduct During Hoisting, Lowering or Passing of Flag ........ 7 § 10. Modification of Rules and Customs by President ............. 7 Title 36 United States Code: ...... ............................... 8 § 301. National Anthem ... ............................... 8 Frequently Asked Questions on Flag Display, Use, and Associated Matters .... 8 Pledge of Allegiance ............ ............................... 8 Nature of Codification of Customs and Rules ........................ 9 Display of the Flag 24 Hours a Day . ............................... 9 Flying the Flag During Inclement Weather ......................... 10 Flying the Flag at Half -Staff ..... ............................... 10 Ornaments on Flag Staffs, Fringes on Flag ......................... 11 Destruction of Worn Flags ....... ............................... 11 Display of United States Flag with Flags of Other Nations or of States ... 12 Use of the Flag in Jewelry, Commercial Products, Wearing Apparel, and Advertising ............. .............................13 Restrictions on Size and Proportions of the Flag ..................... 14 Restrictions on Display of the Flag by Real Estate Associations ........ 14 The United States Flag: Federal Law Relating to Display and Associated Questions Background Public concern and confusion regarding the proper respect shown to the United States flag has given rise to many questions on the law relating to the flag's handling, display, and use. Both the state governments and the federal government have enacted legislation on this subject. On the national level the Federal Flag Code' provides uniform guidelines for the display of and respect shown to the flag. In addition to the Code, Congress has by statute designated the national anthem and set out the proper conduct during its presentation.' The Code is designed "for the use of such civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments" of the federal government.3 Thus, the Flag Code does not prescribe any penalties for non - compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups. The Federal Flag Code does not purport to cover all possible situations. Although the Code empowers the President of the United States to alter, modify, repeal, or prescribe additional rules regarding the flag,' no federal agency has the authority to issue "official" rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: "No disrespect should be shown to the flag of the United States of America."' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown. '4 U.S.C. §§ 4 -10. ' 36 U.S.C. § 301. 3 4 U.S.C. § 5. ° 4 U.S.C. § 10. 5 4 U.S.C. § 8. CRS -2 In addition to the Flag Code, a separate provision contained in the Federal Criminal Code established criminal penalties for certain treatment of the flag.' Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson' (which held that anti - desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag.$ This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States. In 1990, however, the Supreme Court held that the Flag Protection Act was unconstitutional as applied to a burning of the flag in a public protest.' The Flag Code — History and Text On June 22, 1942, President Franklin D. Roosevelt approved House Joint Resolution 303 codifying the existing customs and rules governing the display and use of the flag of the United States by civilians.10 Amendments were approved on December 22nd of that year." The law included provisions of the code adopted by the National Flag Conference, held in Washington, D.C. on June 14, 1923, with certain amendments and additions. The Code was reenacted, with minor amendments, as part of the Bicentennial celebration.12 In the 105"' Congress, the Flag Code was removed from title 36 of the United States Code and recodified as part of title 4.13 Title 4 United States Code: § 4. Pledge of Allegiance to the Flag; Manner of Delivery. The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. ", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men ' 18 U.S.C. § 700. ' 491 U.S. 397 (1989). For further information on this case, see, CRS Report 89 -394, Texas v. Johnson: Flag Desecration and the First Amendment. ' P.L. 101 -131, the Flag Protection Act of 1989, amending 18 U.S.C. § 700. 9 United States v. Eichman, 496 U.S. 310 (1990). For further information on this case, see CRS Report 90 -301, United States v. Eichman, the Flag Protection Act of 1989 Held Unconstitutional. See also, CRS Report 95 -709, Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment. 10 P.L. 623, 77`h Cong., 56 Stat. 377. " P.L. 829, 77`h Cong., 56 Stat. 1074. 12 P.L. 94 -344. 13 P.L. 105 -225, § 300111. CRS -3 should remove any non - religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart 14. Persons in uniform should remain silent, face the flag, and render the military salute. § 5. Display and Use of Flag by Civilians; Codification of Rules and Customs; Definition. The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to Sections 1 and 2 of Title 4 and Executive Order 10834 issued pursuant thereto. § 6. Time and Occasions for Display. (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered ceremoniously. (c) The flag should not be displayed on days when the weather is inclement, except when an all- weather flag is displayed. (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King Jr.'s birthday, the third Monday in January;15 Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half -staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) The flag should be displayed daily on or near the main administration building of every public institution. (f) The flag should be displayed in or near every polling place on election days. 14 Under § 9 Veterans and members of the military not in uniform are now permitted to salute. See, 4 U.S.C. § 9 as amended by P.L. 110 -181, § 594. 15 Martin Luther King Jr.'s birthday was added by P.L. 106 -80, 113 Stat. 1285. ,� I Z CRS -4 (g) The flag should be displayed during school days in or near every schoolhouse. § 7. Position and Manner of Display. The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. (a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. (b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff should be fixed firmly to the chassis or clamped to the right fender. (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to or in place of the flag of the United States or any Territory or possession thereof. Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, CRS -5 the union of the flag should be placed at the peak of the staff unless the flag is at half - staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (1) The flag should form a distinctive feature of the ceremony of unveiling a statute or monument, but it should never be used as the covering for the statute or monument. (m) The flag, when flown at half - staff, should be first hoisted to the peak for an instant and then lowered to the half -staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day, the flag should be displayed at half -staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half -staff upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half -staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any state, territory, or possession of the United States or the death of a member of the Armed Forces from any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half - staff, and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. When the Governor of a State, territory, or possession, or the Mayor of the District of Columbia, issues a proclamation under the preceding sentence that the National flag be flown at half -staff in that State, territory, or possession or in the District of Columbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area covered by that proclamation shall be flown at half -staff consistent with that proclamation. The flag shall be flown at half -staff thirty days from the ,5-' 1q CRS -6 death of the President or a former President; ten days from the day of death of the Vice - President, the Chief Justice or a retired Chief Justice of the United States or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice - President, or the Governor of a state, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half -staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection — (1) The term "half-staff' means the position of the flag when it is one -half the distance between the top and bottom of the staff; (2) the term "executive or military department" means any agency listed under Sections 101 and 102 of Title 5, United States Code; and (3) the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. (n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. (o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. § 8. Respect for Flag. No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, state flags, and organization or institutional flags are to be dipped as a mark of honor. (a) The flag should never be displayed with union down, except as a signal of dire distress in instances of extreme danger to life or property. (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, ,501.5 CRS -7 the white in the middle, and the red below, should be used for covering a speaker's desk, draping in front of the platform, and for a decoration in general. (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. (f) The flag should never be used as a covering for a ceiling. (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. (i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. § 9. Conduct During Hoisting, Lowering or Passing of Flag. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with the right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. § 10. Modification of Rules and Customs by President. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander -in -Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. ,rJ ./(0 CRS -8 Title 36 United States Code: § 301. National Anthem. (a) Designation. The composition consisting of the words and music known as the Star - Spangled Banner is the national anthem. (b) Conduct During Playing. — During a rendition of the national anthem — (1) when the flag is displayed — (A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart; (B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and (C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note. (2) When the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed. Frequently Asked Questions on Flag Display, Use, and Associated Matters Pledge of Allegiance The Pledge of Allegiance is set forth in 4 U.S.C. § 4. In 1954, Congress added to the "Pledge of Allegiance" the phrase "under God" after "nation ".16 Questions about the "Pledge of Allegiance" usually involve practices and requirements of local and state statutes mandating participation in the recitation of the "Pledge" in some manner (e.g., flag salute and pledge, standing quietly, standing at attention) in schools. Provisions involving compulsory participation in "Pledge" activities are usually attacked as violations of the free speech clause of the First Amendment or the free exercise of religion clause. In 1943, the Supreme Court held that a state - required compulsory flag salute - Pledge of Allegiance violated the First Amendment rights of members of the Jehovah's Witnesses religious group." In 2002, a three judge panel of the Ninth Circuit had held both the 1954 federal statute adding the words "under God" to the Pledge of Allegiance and a California school district policy requiring teachers to lead willing school children in reciting the pledge each school day to violate the 16 P.L. 396, 83`d Cong., 68 Stat. 249. "See, West Virginia Board of Education v. Barnett, 319 U.S. 624 (1943). CRS -9 Establishment Clause of the First Amendment.18 A subsequent modification eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating in a religious exercise.19 The Supreme Court, on Flag Day 2004, reversed the Ninth Circuit, finding that Newdow lacked standing to challenge the school district's policy.20 Nature of Codification of Customs and Rules The Flag Code is a codification of customs and rules established for the use of certain civilians and civilian groups. No penalty or punishment is specified in the Flag Code for display of the flag of the United States in a manner other than as suggested. Cases which have construed the former 36 U.S.C. § 1752' have concluded that the Flag Code does not proscribe conduct, but is merely declaratory and advisory.zz Display of the Flag 24 Hours a Day There is no absolute prohibition in federal law on flying the flag twenty -four hours a day. The Flag Code states: It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during hours of darkness.23 There are eight sites in the United States where the flag is flown day and night under specific legal authority: Fort McHenry National Monument, Baltimore, Maryland ;24 Flag House Square, Baltimore, Maryland ;21 the United States Marine Corps Iwo Jima Memorial, Arlington, Virginia;26 Lexington, Massachusetts ;27 the 18 Newdow v. U.S., 292 F.3rd 597 (9`h Cir. 2002). For a full discussion of this case, see CRS Report RS21250, The Constitutionality oflncluding the Phrase "Under God" in the Pledge of Allegiance. 19 Newdow v. U.S. Congress, 328 F.3rd 746 (9`h Cir. 2003). 2° Elk Grove Unified School District v. Newdow, 542 U.S.1 (2004). 2' Now codified at 4 U.S.C. § 7. 2z See e.g., Homes v. Wallace, 407 F. Supp. 493 (M.D. Ala.), aff d without published opinion, 540 F.2d 1083 (5`h Cir. 1976); and State of Delaware ex. rel Trader v. Hodsdon, 265 F. Supp. 308 (D. Del. 1967); see also N.A.A.C.P. v. Hunt, 891 F.2d 1555 (11"' Cir. 1990). 23 4 U.S.C. § 6(a). " Proclamation No. 2795, July 2, 1948, 62 Star. 1526. 25 P.L. 319, 83`d Cong., 68 Stat. 35. 26 Proclamation No. 3418, June 12, 1961, 75 Stat. 1068. 27 P.L. 89 -355„ 79 Star. 1294. S. 16 CRS -10 White House;28 the Washington Monument;` United States Customs ports of entry;3o and Valley Forge State Park, Pennsylvania.31 The reports that accompanied these official acts indicate that the specific authority was intended only as a form of tribute to certain historic sites rather than as exceptions to the general rule of the Code. As a matter of custom, and without specific statutory or official authorization, the flag is flown at night at many other sites, including the United States Capitol. It would seem that display of the flag in a respectful manner with appropriate lighting does not violate the spirit of the Flag Code since the dignity accorded to the flag is preserved by lighting that prevents its being enveloped in darkness. Flying the Flag During Inclement Weather The Flag Code states: The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.32 The language of this section reflects the now - popular use of flags made of synthetic fabrics that can withstand unfavorable weather conditions. It is not considered disrespectful to fly such a flag even during prolonged periods of inclement weather. However, since the section speaks in terms of "days when the weather is inclement," it apparently does not contemplate that on an otherwise fair day, the flag should be lowered during brief periods of precipitation. Flying the Flag at Half -Staff The Flag Code sets out detailed instructions on flying the flag at half -staff on Memorial Day and as a mark of respect to the memory of certain recently deceased public officials.33 This section embodies the substance of Presidential Proclamation No. 3044,34 entitled "Display of Flag at Half -Staff Upon Death of Certain Officials and Former Officials." The section provides that the President shall order the flag flown at half -staff for stipulated periods "upon the death of principal figures of the United States Government and the Governor of a state, territory, or possession." After the death of other officials or foreign dignitaries, the flag may be flown at half -staff according to Presidential instructions or in accordance with recognized custom not inconsistent with law. In addition, the Governor of a state, territory, or possession, or the Mayor " Proclamation No. 4000, Sept. 4, 1970, 84 Stat. 2243. 29 Proclamation No. 4064, July 10, 1971, 85 Stat. 916. 31 Proclamation No. 4131, May 9, 1972, 86 Stat. 1633. " P.L. 94 -53, 89 Stat. 259. 32 4 U.S.C. § 6(c). 33 4 U.S.C. § 7(m). 31 March 1, 1954, 68 Stat. C32. CRS -11 of the District of Columbia, may direct that the national flag be flown at half - staff, in the event of the death of a present or former official of the respective government or in the event of the death of a member of the Armed Forces from that jurisdiction." Presidents also have ordered the flag to be flown at half -staff on the death of leading citizens, not covered by law, as a mark of official tribute to their service to the United States. Martin Luther King, Jr. is among those who have been so honored. Again, the provisions of the Flag Code on flying the flag at half -staff are, like all the Code's provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half -staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual's lowering his own flag or that make such display alone a form of desecration. Ornaments on Flag Staffs, Fringes on Flag The Flag Code is silent as to ornaments (finials) for flagstaffs. We know of no law or regulation which restricts the use of a finial on the staff. The eagle finial is used not only by the President, the Vice - President, and many other federal agencies, but also by many civilian organizations and private citizens. The selection of the type finial used is a matter of preference of the individual or organization. The placing of a fringe on the flag is optional with the person or organization, and no Act of Congress or Executive Order either requires or prohibits the practice. Fringe is used on indoor flags only, as fringe on flags used outdoors would deteriorate rapidly. The fringe on a flag is considered an "honorable enrichment only" and its official use by the Army dates from 1895. A 1925 Attorney General's Opinion states: The fringe does not appear to be regarded as an integral part of the flag, and its presence cannot be said to constitute an unauthorized addition to the design prescribed by statute. An external fringe is to be distinguished from letters, words, or emblematic designs printed or superimposed upon the body of the flag itself. Under the law, such additions might be open to objection as unauthorized; but the same is not necessarily true of the fringe.36 Destruction of Worn Flags The Flag Code states: " In 2007, P.L. 110 -41, added the Mayor of the District of Columbia to this provision and authorized the Governors and the Mayor to issue proclamations to lower the flag to half - staff in honor of members of the Armed Forces from their jurisdiction. 36 34 Op. Atty. Gen. 483. D S� z CRS -12 The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning." The act is silent on procedures for burning a flag. It would seem that any procedure which is in good taste and shows no disrespect to the flag would be appropriate. The Flag Protection Act of 1989,38 struck down albeit on grounds unrelated to this specific point,39 prohibited inter alia "knowingly" burning of a flag of the United States, but excepted from prohibition "any conduct consisting of disposal of a flag when it has become worn or soiled." Display of United States Flag with Flags of Other Nations or of States The Flag Code sets out rules for position and manner of display of the flag in 4 U.S.C. § 7. The question as to the propriety of flying the flag of another nation at an equal level with that of the flag of the U.S. is not clear from the face of the statute. Section 7 contains two subsections on point and these provisions appear to be contradictory. Subsection 7(c) states: (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to or in place of the flag of the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations." Subsection 7(g) states: (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace." 37 4 U.S.C. § 8(k). " P.L. 101 -131. 39 See, United States v. Eichman, 496 U.S. 310 (1990). ao 4 U.S.C. § 7(c). a' 4 U.S.C. § 7(g). �2l CRS -13 The wording of § 7(g) is identical to that of the original Flag Code enacted in 1942.42 The second sentence of § 7(c) prohibiting flying international flags equal in height to the flag of the United States was not in the original Flag Code. This provision was added in 1953.43 The legislative history of this amendment clearly states that is purpose was to "make it an offense against the United States to display the flag of the United Nations or any other national or international flag equal to, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any possession or territory thereof,.... "44 The only exception recognized is at the headquarters of the United Nations. When a statute contains apparently contradictory provisions, the rules of statutory construction first mandate an attempt to interpret the provisions so both can be given effect. If this proves futile, the usual rule is to give effect to the latest in time. The reasoning is that this represents the most recent statement of the will of the legislature. Following this second rule of construction would lead to the conclusion that flying a flag of another nation at the same height as the flag of the United States may not be proper etiquette under the Federal Flag Code, but this creates no right of action in private individuals." When the United States flag is displayed with the flags of states of the union or municipalities and not with the flags of other nations, the federal flag, which represents all states, should be flown above and at the center of the other flags." Where there is only one flag pole, the federal flag should be displayed above state or municipal flags.47 Use of the Flag in Jewelry, Commercial Products, Wearing Apparel, and Advertising The Flag Code addresses the impropriety of using the flag as an article of personal adornment, a design on items of temporary use, and item of clothing.48 The evident purpose of these suggested restraints is to limit the commercial or common usage of the flag and, thus, maintain its dignity. The 1976 amendments to the Code recognized the wearing of a flag patch or pin on the left side (near the heart) of uniforms of military personnel, firemen, policemen, and members of patriotic 42 P.L. 623, § 3(g), 77' Cong., 56 Stat. 377, 378. 43 P.L. 107, 83`d Cong., 67 Stat. 142. 44 S. Rept No. 258, 83" Cong., lst Sess. (1953). 45 See, for example, Holmes v. Wallace, 407 F. Supp.493 (M.D. Ala. 1976), aff'd without op., 540 F.2d 1083 (5th Cir. 1976). 46 4 U.S.C. § 7(e). 47 4 U.S.C. § 7(f). 48 4 U.S.C. § 8(i) & 0). 5 ,/ �Z I CRS -14 organizations.49 The Code also states that the flag should never be used for advertising purposes in any manner whatsoever." While wearing the colors may be in poor taste and offensive to many, it is important to remember that the Flag Code is intended as a guide to be followed on a purely voluntary basis to insure proper respect for the flag. It is, at least, questionable whether statutes placing civil or criminal penalties on the wearing of clothing bearing or resembling a flag could be constitutionally enforced in light of Supreme Court decisions in the area of flag desecration.51 In the past, the Supreme Court has held that states may restrict use of pictures of the flag on commercial products.52 There is a federal criminal prohibition on the use of the flag for advertising purposes in the District of Columbia.53 While commercial speech does not receive the full protection of the First Amendment,54 the status of these statutes and cases can not be taken for granted in light ofEichman and Johnson. Restrictions on Size and Proportions of the Flag Questions on size and dimensions usually arise in the context of the display of huge flags. The Flag Code is silent on recommendations for proper flag size and dimensions. Regulations governing size and dimensions and other requirements for flags authorized for federal executive agencies can be found in Executive Order No. 10834.55 These regulations provide that the length of the flag should be 1.9 times the width. Restrictions on Display of the Flag by Real Estate Associations The Freedom to Display the American Flag Act of 200556 prohibits a condominium, cooperative, or real estate management association from adopting or enforcing any policy or agreement that would restrict or prevent a member of the association from displaying the flag in accordance with the Federal Flag Code on residential property to which the member has a separate ownership interest. 49 P.L. 94 -344, § 1(16). 50 4 U.S.C. § 8(i). " See, United States v. Eichman, 496 U.S. 310 (1990) and Texas v. Johnson, 491 U.S. 397 (1989). 52 See, e.g., Halter v. Nebraska, 205 U.S. 34 (1907). " 4 U.S.C. § 3. 54 See, e.g., Central Hudson Gas and Electric Co. V. PSC, 447 U.S. 557 (1980). 55 Aug. 21, 1959, 29 F.R. 6865; see 4 U.S.C. §§ 1 -2. 56 P.L. 109 -243. s� v%,um>ia1 i,aw:!,. %,rirvr liJit / 1, 31CUL1U11 U7 'IIIf; O- MINiON'IlkIFAI `I'l 10F ASS- ACIIt.:S F AT rage i of i Massachusetts Laws Bills 21 ,,, ? t l d,g0t People Committees Educate 8 Engage Events Budget Process Budges i3raa d <=an G PAPT i ADMINISTRATION OF THE GOVERNMENT '. C €lrrenlr P,( p �1 through 182) ...TITLE XII EDUCATION CHAPTER 71 PUBLIC SCHOOLS Section 69 Display of national flags; pledge of allegiance; penalty for violation Section 69. The school committee shall provide for each schoolhouse u€ der its control, which is not other,arise suppl ec flags, of the United States or sl.k or bunting not, less than two. feet long, such flags or bunting to be manufactured In the United States, and suitable apparatus for their display as hereinafter provided. A flag shall be displayed, weather permitting, on the school building or grounds on every school clay and on every legal holiday or day prociaim:ed by th ovc :xnor or the President of the United States fir especial observance; provided, that on st•or-my school days, it shall be displayed inside the building. A flag shall be displayed in each asserni,ly hall or other room. in each such schoolhouse where the opening exercises on each school day are held. Each teacher at the con- linencernertt of they first class of each :lay in all grades ii7 all public schools shah head the class in a group recitation of the "Pledge of Allegiance to the Flag ", A flag shall be displayed m each classroom ill each sucn schoolhouse. Failure for a period of Five cc;nsecutivc: days by the pr ncipal or teacher in charge of a school equipped as aforesaid to display the flak; as above rerlwired, or failure for a period of two consecutive weeks by a teacher to salute the flag and recite said pledge as aforesaid, or to cause the pt ;,yils under' his charge so to do, shall be punished for every such ;e iod by a fin.. of riot more than five dollars. Failure of tree corrlrnm -ee to equip a school as herein ov ded snail subject the members thereof to a like penalty. Mass.gov Site Map I Terms of Use I Privacy Policy I Accessibility Statement I Contact us CopyrighLQ 2013 The General Court, All Rights Reserved ,j(; Z 4 http: / /www.malegislature. gov/ Laws/ GeneralLaws /PartI /TitleXII /Chapter7 l /... 2/20/2013 2013 JAN 23 AM 0 54 33 Chequessett Road Reading, MA 01867 January 22, 2013 Stephen Goldy Chairman, Board of Selectmen Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Goldy: It has regularly puzzled me as to why the United States flag on Reading Common is flying at half -staff so often. I spoke with Mr. Hechenbleikner regarding this matter last fall and understand that he orders the flag flown at half -mast when a town employee or someone involved with town government has passed away. While I do not in any way question Mr. Hechenbleikner's sincerity in wanting to honor certain Reading citizens, and understand that this is a generous gesture to those citizens, I do not think that the framers of the Flag Code intended every city and town official across the United States to make their own arbitrary determination regarding flying the flag at half -staff. I understand that a Committee has been formed to determine the proper procedure for flying the US flag on Reading Common at half -staff. I enclose with this letter a copy of the Federal Flag Code which spells out fairly clearly which officials should be empowered to make that decision regarding our flag. Perhaps adding a Reading Town flag to the flagpole or erecting a separate flag pole in front of Town Hall with the Town flag will allow the Town to honor certain citizens while maintaining the proper protocol surrounding the flag of the United States. I respectfully ask you to change the current policy allowing town discretion on flag lowering and follow the guidelines of the Federal Flag Code, whose intent I believe is to rest determination of this matter with the President and the Governor. I appreciate your consideration of this matter and thank you for your time. Sincerely, X" a�,�LA� Karen Burke 5; 75 FEDERAL FLAG CODE: PUBLIC LAW 94 -344 JOINT RESOLUTION To amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America." Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America ", as amended (36 U.S.C. 171 -178), is amended — ... SEC. 2 ... (m) The flag, when flown at half -staff, should be first hoisted to the peak for an instant and then lowered to the half -staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half -staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half -staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half -staff. The flag shall be flown at half - staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection: (1) the term 'half -staff means the position of the flag when it is one -half the distance between the top and bottom of the staff; (2) the term 'executive or military department' means any agency listed under sections 101 and 102 of title 5, United States Code; and (3) the term Member of Congress' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.... SEC. 4. That no disrespect should be shown to the flag the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. Agenda— Board of Selectmen Workshop 12 -11 -12 1) Review /approve concept plan for Oakland Road reconstruction 2) Follow -up on water issues: Water Distribution Improvement Plan (previously presented on -- / - -/12) Fire Flow Water Quality Relationship to other capital — roads Water Distribution Improvement Plan priority projects (2013 ATM) Other water issues — MWRA redundant supply Interconnection underground vault — Leach Park South Street — new main for local distribution Water storage (WDIP indicates we will not need the Bear Hill storage) Other Water Issues — North Reading study NR desires to purchase MWRA water through Reading Possible redundant supply from Andover to Reading and NR Capital Plan — 2014 — 2023 Alternative funding for consideration (2014 ATM); Put water debt on tax rate through Prop 2 '/2 debt exclusion Significantly reduce water rates Impact of the above on utility rates Board of Selectmen Minutes — December 11, 2012 — page 2 A motion by Schubert seconded by Arena to approve the conceptual design for Oakland Road reconstruction as illustrated on Option 1 was approved by a vote of 3 -0 -0. Follow Up on Water Issues Water Distribution Improvement Plan — The Town Manager noted that the consultant did a presentation a while back. The estimate is $25 million in 20 years in replacing unlined pipes. There are two priorities — lining the unlined pipes on Main Street and doing some water main replacement in downtown. The total will be approximately $3 million. Town Meeting approval will be needed in the spring. This is related to water quality and the state wants to repave south Main Street. John Arena asked if North Reading hooks up to the MWRA if it will increase the water quality and George Zambouras indicated it will but not with the existing water mains. The Town Manager indicated he will draft an Article for Town Meeting. Other Water Issues — Redundant Water Supply — The Town Manager noted that the MWRA is doing borings. There will be a new main on South Street at Hopkins and a new vault at Leach Park. The Bear Hill tank is not needed so he will talk with the MWRA regarding making an offer. North Reading is starting an environmental statement for both water and sewer and it doesn't commit us to anything. Capital Plan — There is little flexibility regarding the water distribution plans. John Arena asked what condition the pipes are in on north Main Street and George Zambouras indicated the pipes are good and have a lot of solid metal on them. Bob LeLacheur reviewed different scenarios for funding the work. The Town Manager also suggested that there is the option for putting it on the tax rate and that would be a spring 2014 ballot question. George Zambouras updated the Board on Poet's Corner. He noted that the contractor will start working on sewers on Monday doing asbestos removal. A motion by Arena seconded by Schubert to adjourn the meeting at 9:00 p.m. was approved by a vote of 3 -0 -0. Respectfully submitted, Secretary S�5 -21- Board of Selectmen Meeting February 12, 2013 For ease of archiving, the order that items appear, in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Youth Liaisons Eric Johnson and Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Office Manager Paula Schena, and the following list of interested parties: David Brabeck, Nadine Wandzilak, Richard Svirsky, Phil Pacino, Taylor Mandell, Robert Connor, Caryn Hayes, Stephen Crook, Andy Murphy, Lori Haverty, Julie McCarthy, Irene Collins, Karen Herrick, Ray Porter, Ron D'Addario, Michele Benson, Laurie Ann Sylvia, Joan Boegel, Gary Juffe, Lisa Egan, Leslie McGonagle. Reports and Comments Selectmen's Liaison Reports and Comments — John Arena thanked DPW for doing a good job moving the snow. Selectman Arena expressed his disTleasure with the tone of the Selectmen on Article 10 at their January 8th and January 22" meetings. He noted that the Selectmen take an oath for the best of the Town. In response to Selectman Arena's comment Richard Schubert noted that how the Selectmen react is important and the Selectmen also have an obligation to do their homework. He noted that once an Article goes to Town Meeting then it is Town Meeting's role to approve. James Bonazoli indicated he had apologized to Selectman Tafoya about what happened on January 8`h. Ben Tafoya indicated this has not hurt their working relationship; that is in the past and it is time to move on. Richard Schubert noted that regarding the Affordable Housing Trust Fund, Oaktree has met the threshold so money was transferred from escrow to Oaktree. James Bonazoli noted that responses have been received to the RFQ's for the cemetery garage and DPW facility. There is a RCASA fundraiser at Fuddruckers tomorrow. The Town Manager search is going well and there is a very good pool of candidates. They will present names of finalists at the Selectmen's meeting on February 26, 2013. Ben Tafoya noted that there is a financial forum tomorrow night at 7:00 p.m. at the Senior Center. Youth Liaison Eric Johnson noted that the Polar Plunge has been rescheduled to February 23, 2013. 1,0 Q', Board of Selectmen Minutes — February 12, 2013 — page 2 Youth Liaison Mary Kate Kelley noted that the Rotary is sponsoring the Taste of Metro North at the Field House, Eric Johnson noted this is to raise money for Jack Tautier who was paralyzed after snowboarding in his back yard. His insurance doesn't cover all of the expenses so the proceeds will go to the family. There will be an ad in the newspaper. Public Comment — Mike Upton of 489 Main Street indicated he had concerns regarding the proposed 40B to be built next to the Mattera property. He feels it will diminish the quality of life for the abutters. A resident from 68 Sanborn Lane indicated that the 40b proposal for a 60 unit apartment complex next to the Mattera property is a bad idea and will damage traffic control and have a significant impact on the kids in the Wood End community. Town Manager's Report — The Town Manager gave the following report: Administrative matters ♦ Volunteers needed!! Bylaw Committee Zoning, Board of Appeals Conservation Commission ♦ Nomination papers for elected positions are available at the Town Clerk's office • Withdraw by 2 -28 -13 • Election 4 -2 -13 ♦ A Special Election to fill Secretary of State John Kerry's seat is set for June 25. The Primary election will be April 30. ♦ Friends and Family Day (Town Day) has been set for June 15 from 11:00 AM to 3:00 PM. Please get this on your calendars and coordinate your booth reservations with John Feudo in Recreation. Community Services ♦ The Portland Pie site plan for 30 Haven Street was approved by CPDC on 2- 11 -13. ♦ The Flower Shoppe of Eric's has opened at 10 Brande Court ♦ The M.F. Charles interior demolition has begun. Known tenants are Orange Leaf frozen yogurt, Bunratty's Tavern, and the Northern Bank and Trust. ♦ Perfecto's is revising their plan and the Planning Commission has approved amended plans. ♦ The Town has received plans for a 64 bed Assisted Living / Nursing Home facility to be located on the Eric's Greenhouse site at 1080 -1100 Main Street. Plans are currently before the Development Review Team, and application will be made shortly to the ZBA, Conservation Commission, and the CPDC. ♦ There has been a lot (truck loads) of tree cutting at Meadowbrook Golf Club in the past few weeks but from what Conservation Administrator Chuck Tirone can see the activity is not in BZ west of Grove Street. The cutting has moved along Franklin Street and Covey Hill Road (Fairway #2), a more sensitive area. Chuck has talked with the greens keeper and he assured Chuck that all activity is outside Conservation jurisdiction. A site visit has been scheduled for Wednesday. ��v Board of Selectmen Minutes — February 12, 2013 — page 3 ♦ A tobacco compliance check was held earlier this month and 3 establishments sold to underage buyers — West Street Mobil Station at 4 West Street; Reading Quick Stop at 519 Main Street, and 6- Eleven Variety at 83 Main Street. Parents should be aware of these locations. Finance ♦ The consultant (Patriot Properties) to the Town will be doing a "measure and list" of approximately 3,600 properties during this winter /spring, starting on January 28. This is a requirement of the Commonwealth to continue our tax certification process. The Reading Board of Assessors will have property inspectors in the Birch Meadow school district beginning on Monday February 11 th. All personnel will have proper identification. They may request an exterior or interior inspection of your property as is required by state law. Please check the Town's website at www.readingrna.gov for further details. Public Safety ♦ We have 3 Police Officer recruits attending the 26 week Police Academy starting on Monday, January 14. ♦ The Assessment Center for promotion of 2 Police Officers to Sergeant was postponed because of the blizzard. ♦ RCASA event "My Name Was Bette" is on February 13 at 7:30 PM in the IMAX theatre at Jordan's Furniture. Public Works • Poet's Corner - sub drain has been installed. Sewer replacement has begun. Paving in the spring. No work recently due to cold /snowy weather. • West Street: 100% design plans are complete, has submitted them to MassDOT. • Main Street / Salem Intersection — Contractor has been given the authorization to install the Salem Street east bound left turn signal. No date for the installation has been set but it should be installed within the month. Reading response to the 2013 Blizzard: - Our crews and contractors were out hours straight, and our employees have rest in a 24 hour period. from the beginning of the storm for 36 been working since, often on 8 hours of - The problem that we experienced during the storm was that one of our contractors had a truck "die" and others had to pick up his route; and more importantly, one of our other contractors who had 4 large tri -axel trucks that we were depending on for major routes was ill prepared and again all of the other employees and contractors had to pick up those routes. - The snow plowing during that period was not up to our high standards, and we have taken steps to make sure that does not happen again. Meanwhile we have been working to get streets scraped and widened, downtown snow removed, school areas prepared for student drop off, and sidewalks cleared. We will be working on those tasks for a while. Assistant Town Manager /Finance Director Bob LeLacheur noted that the Town Clerk has certified papers for 3 Library Board candidates, 3 Selectmen candidates, 4 RMLB candidates, 1 Town Moderator candidate and there are no Board of Assessor candidates. L0-3 Board of Selectmen Minutes — February 12, 2013 — page 4 Discussion /Action Items Approval of Housing — The Town Manager noted that the Town's Housing Plan has expired. Town Planner Jean Delios made a presentation to the Board in December and the recommended changes have been made and are in the packet. If a developer comes into Town with a 40B, the Town cannot say no unless they have a Housing Plan. Discussions go back 10 years regarding the site on north Main Street and no application has been submitted yet. Ben Tafoya noted that the Town has not received any plans. If there was an application it would either come before the Board of Selectmen as a LIP or it would go to the ZBA. If the ZBA denies it then the developer can go to the Housing Appeals Court. A Housing Plan in place gives the Town more control. James Bonazoli asked if the 300' perimeter around the Mattera property can be expanded for noticing abutters otherwise only the Town is being notified. Richard Schubert noted that residents need to keep themselves informed and stay vigilant. Staff cannot remember to notify everyone. Richard Svirsky, 44 Chapel Hill Drive noted he was a member of the Reading Open Land Trust and asked if he will receive a notice and it was indicated he would because Reading Open Land Trust is an abutter. Karen Hayes, 739 Pearl Street; noted she abuts Bare Meadow and just trying to fix her driveway is an onerous process with the Town. Robert Carr, resident of 7 Beacon Street and President of the Open Land Trust, noted that the Inspector General called 4013's a "pigfest" and unless 4013's are dealt with it will always be around. Ben Tafoya requested that the Housing Plan be added to the goals so it stays up to date. A motion by Bonazoli seconded by Schubert to approve the Housing Production Plan for the Town of Reading dated January S, 2013 as revised was approved by a vote of 4 -0 -0. Sign Plans — Jacob Way — The Town Manager noted that Town Meeting approved this and there is a lot of paperwork for the Board to sign. A motion by Bonazoli seconded by Schubert that the Board of Selectmen sign all documents to effectuate the property transfers both to the Town and Reading and from the Town of Reading related to Jacob Way and South Street pursuant to authorization by Town Meeting under Article 11 of the 2012 Subsequent Town Meeting was approved by a vote of 4 -0 -0. 1 "V Board of Selectmen Minutes — February 12, 2013 — page 5 Confirm Approval /Signing of Abandonment of Easement — 518 Summer Avenue — The Town Manager noted that the Board needs to confirm the signing of the release of easement. A motion by Bonazoli seconded by Schubert that the Board of Selectmen confirm their actions in signing the "Abandonment of Easement" for 518 Summer Avenue as authorized by Town Meeting under Article 9 of the January 28, 2013 Special Town Meeting was approved by a vote of 4 -0 -0. Approve Order of Taking and Discontinuance — "Old" Pearl Street — The Town Manager noted that Town Meeting approved the taking and discontinuance of "Old" Pearl Street. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve the "Order of Taking — Parcel A and Parcel B — of Old Pearl Street" as authorized by a vote of Town Meeting under Article 7 of the January 28, 2013 Special Town Meeting was approved by a vote of 4 -0 -0. Discuss Bylaw Committee Role — Town Moderator Alan Foulds, Bylaw Committee members Phil Pacino and Steven Crook, and members of the Rules Committee were present. The Town Manager noted that the question came up on the role of the Bylaw Committee on whether they should offer an option on whether an Article is a good idea. John Arena noted this is a follow up to a discussion at Town Meeting. He feels it is the Bylaw Committees role to determine if there is a conflict of a Bylaw to not form an opinion on the question. Richard Schubert noted that the Bylaw Committee had a meeting where the demolition delay bylaw was discussed. John Arena noted that all the Bylaw Committee had were words in black and white and that was not enough information to determine whether or not it is a good idea. Phil Pacino, 27 year member of the Bylaw Committee and Chairman, noted that the Bylaw Committee had at least three other meetings on the demolition bylaw. They had a full presentation. He noted this was a contentious issue and they came up with a solution. He noted sometimes their recommendation goes over to opinion, but they were not "winging it" at Town Meeting. The Bylaw Committee was fully informed and Town Meeting doesn't have to listen to them and sometimes they don't. The Charter Commission says they are doing what they are supposed to do. Town Moderator Alan Foulds noted that he agrees with Phil Pacino. There's never been a problem with the Bylaw Committee changing or adding. James Bonazoli noted that the Town Manager said the Bylaw needed to be completely rewritten so the Bylaw Committee should write the Bylaw. The Finance Committee focuses on finance information — it's not their charter to question it. ba',< Board of Selectmen Minutes — February 12, 2013 — page 6 Richard Schubert noted that he has no problem with how they operate because it ends up as a discussion of the 192 Town Meeting Members. John Arena asked what role the Bylaw Committee plays and the Town Manager noted that the Bylaw Committee gets the articles after the Warrant closes so they can't change anything. Anything they want to change must be in a form of a motion. He also noted that the Finance Committee is governed by many laws, but not the Bylaw Committee. Continued Hearing — Planet Fitness, 275 Salem Street; Reading Athletic Club, 1 General Way; Burbank YMCA, Arthur B. Lord Drive — Request for License for Hours of Operation Prior to 6:00 a.m. — The Secretary read the hearing notice. Taylor Mandell, owner of Planet Fitness, noted that it is critical that the fitness facility be open at 5:00 a.m. He noted that the Board approved a 5:00 a.m. opening for Snap Fitness. Irene Collins, Executive Director of the YMCA, noted that they have been opening at 5:00 a.m. for years and she is requesting to continue to open at 5:00 a.m. Julie McCarthy, Administrator of the Reading Athletic Club, noted that they have always opened at 5:00 a.m. and they are in an industrial zone and never had any complaints. Resident Leslie McGonigle indicated she has no problem with 5:00 a.m. openings. Lori Haverty noted that she goes to the gym in the morning while her spouse is home to take care of the kids. Maureen Hennessy, a member. of the YMCA, indicated this is a good thing for the community. Gary Dupree noted that he is in favor of opening at 5:00 a.m. instead of losing business to other towns. Irene Collins noted that there are other individual businesses and programs in Town starting before 6:00 a.m. Taylor Mandell noted that there are no traffic issues for Planet Fitness. There is no traffic at 5:00 a.m. and his members are not playing hip hop music at 5:00 a.m. Richard Schubert noted that this is a one year license and it gives residents a chance to see it in action. That is a way to work with the concerns of the abutters. The Town Manager noted that he added condition 4 for Planet Fitness to not allow parking in certain spaces between 5:00 a.m. and 6:00 a.m. Taylor Mandell asked how would he prevent parking in those spaces and the Town Manager suggested cones or signs. �3 Board of Selectmen Minutes — February 12, 2013 — page 7 A motion Bonazoli seconded by Schubert to close the hearing on the request pursuant to Section 7.7 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies for a waiver of hours of operation prior to 6:00 a.m. for Planet Fitness, Reading Athletic Club, and Burbank YMCA was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a license to _ operate a retail business between the hours of midnight and 6 am pursuant to Section 7.7 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Planet Fitness, 275 Salem Street, subiect to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier than 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2013; 3. All signs shall conform to the Zoning By -Laws of the Town of Reading; 4. Parking from 5:00 am to 6:00 am shall be restricted to the parking spaces immediately in front of the building, and specifically, parking shall not be permitted during those times in the parking spaces next to the fence abutting the westerly property line. In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safetv and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Reading Athletic Club, 1 General Way, subiect to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2013; 3. All signs shall conform to the Zoning By -Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: 60L'� Board of Selectmen Minutes — February 12, 2013 — page 8 • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Burbank YMCA, 36 Arthur B. Lord Drive, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2013; 3. All signs shall conform to the Zoning By -Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessitv or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 4 -0 -0. Hearing — Review /Approve Sturges Park — The Secretary read the hearing notice. Recreation Administrator John Feudo and Sturges Park Planning Committee members Leslie McGonagle, Dave Walsh, and George Katsoufis were present. John Feudo noted that the Committee kicked off in May 2012. They met with the Conservation Commission and conducted a town wide survey. Leslie McGonagle noted that the Committee was charged to come up with a plan. She noted there is a problem with the skating area; there are drainage issues; the playground is in a dangerous area and there is no seating; parking could be improved; the sewer pump is an eyesore; the wall is eroding, and the Committee recommends a trail around the park. The concept plan includes moving the playground; raise the hockey area; move the softball field back a little; change the tennis court to go north and south; and add a new basketball half court. Board of Selectmen Minutes — February 12, 2013 — page 9 James Bonazoli noted that the neighbors have been involved. The Committee went before the Conservation Commission and the playground is in the Capital Improvement Plan. George Katsoufis noted there are four stages for the improvements and the playground is number one. John Feudo noted the proposed playground will move in 20' and will be fenced in with heavy gauge black fence. Maureen Hennessy, a neighbor, noted that her son enjoys playing street hockey in the basketball court and asked if the half court will be big enough for this. John Feudo indicated it can be used for multi purposes and it will be a good size court. Ron D'Addario noted he coached 8th grade girls softball there and this is a beautiful park. A motion by Bonazoli seconded by Schubert to close the hearing on review /approval of the Sturges Park Master Plan was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Schubert to approve the Sturges Park Master Plan as presented on February 12, 2013 was approved by a vote of 4 -0 -0. Report — Climate Advisory Committee — Committee members Joan Boegel, Michele Benson, Ron D'Addario, Ray Porter, and Laurie Ann Sylvia were present. Joan Boegel noted that Reading's baseline CO2 emissions is 292,000 tons and the target is to reduce that by 10 %. For the energy action plan they did residential audits and efficiency workshops; a tree planting program; education, and outreach. The Green Business Award was awarded to Swiss Baker. The Committee proposes to prepare a report on climate change and focus on issues that directly affect Reading. Other goals are to upgrade the website and strengthen their link with the Board of Selectmen. It was noted that April 29, 2013 is Earth Day at Matters Cabin. John Arena noted that Gina Snyder talked about rain gardens and he suggested focusing on two or three interesting items such as light bulbs. James Bonazoli noted that there is turnover at the schools every four years and that would be a good time to educate about cars idling at the schools. He also suggested the walk to school day; partnering with Ecars, and he would like to see the Reading Municipal Light Department put up a charging station. Preview Annual Town Meeting Warrant — The Town Manager reviewed the Annual Town Meeting Warrant. n Board of Selectmen Minutes — February 12, 2013 — page 10 Article 26 deals with whether or not the Town wants to allow any billboards. The Town Manager asked if the Board wants to change the threshold amount in the resolution of legal matters in Section 5.2 of the General Bylaws and the consensus of the Board was to leave it as is. The Town Manager also noted that he spoke with the Attorney for the Eric's Greenhouse property and they might need a zoning change. If they do we will have a Special Town Meeting within the Annual Town Meeting. John Arena asked for an Article requiring the Town to develop suitable petition articles and he proposed new language for the number of business days to clarify if it is Monday through Friday because Town Hall is closed on Fridays. The Town Manager noted that the Charter says seven business days and that was changed from five days to seven days to address the issue. A motion by Arena seconded by Bonazoli that the Town Manager be directed to propose a candidate document failed by a vote of 2 -2 -0 with Tafoya and Schubert opposed. CY2013 Goals — With the hour being late the Board decided to take this up at a future meeting. Approval of Minutes A motion by Schubert seconded by Bonazoli to approve the minutes of December 18, 2012 as amended was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to approve the minutes of January 8, 2013 was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to approve the minutes of January 15, 2013 was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to adiourn at 10:45 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary Joint Meeting of the Finance Committee, Board of Selectmen, and School Committee February 13, 2013 The meeting convened at the Pleasant Street Center, 49 Pleasant Street, Reading, Massachusetts. The Finance Committee called to order at 7:07 p.m. Present were Selectmen Ben Tafoya, Richard Schubert, John Arena, James Bonazoli; Finance Committee members David Greenfield, Barry Berman, Jeanne Borawski, Hal Torman, Paula Perry, Karen Herrick, Jeffrey Perkins, and Paul McNeice; School Committee members Karen Janowski, Rob Spadafora, Chuck Robinson, and Harold Croft; Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Superintendent of Schools John Doherty, Assistant Superintendent of Schools Mary Delai, Town Accountant Sharon Angstrom, Town Planner Jean Delios, Public Works Director Jeff Zager, Fire Chief Greg Burns, Public Works Business Administrator Jane Kinsella, Office Manager Paula Schena, Town Meeting member Stephen Crook. Financial Update FY13 Budgets — Bob LeLacheur noted that the weekend storm cost $240,000 and that leaves a balance of $50K - $70K. Mr. LeLacheur reviewed the projected changes to the FY13 budget at the Annual Town Meeting and he noted that the use of free cash is close to zero. FY14 Budget Process and Updates — Bob LeLacheur noted that the result of the October Financial Forum resulted in FY14 budgets of 2.5% and using $1 million in free cash. Cuts to some accommodated costs in December resulted in a 3% budget using $1 million in free cash. In January there was a decrease in the health insurance premium and that allows a 3.75% operating budget. Cash Reserves — Bob LeLacheur noted that free cash is $7 million plus or 9% of net income. One time events that saved us money put us in good shape but we can't count on that every year. Discussion about FY14 Budgets The Town has developed a list of over $300K of desired additions. The Superintendent's school budget was $556,797 over the 3% guideline and the School Committee's school budget was $756,797 over the 3% guideline. The facilities budget is $45,018 below the 3.75 %. Bob LeLacheur reviewed the potential budget changes ranked by staff and Selectmen. The Town Manager noted that the zoning bylaws really need to be done and $75,000 is a one time cost. It has not been ranked but it should be a priority. John Arena asked what we will be at two to three years from now if we do 3.75% and Bob LeLacheur indicated probably 2.50 %. The Town Manager noted that all labor contracts expire in 2014. If state aid comes in higher than predicted then we will reduce the use of free cash. fq -Q 1 Board of Selectmen, School Committee and Finance Committee — February 13, 2013 — page 3 David Greenfield asked why Police and Fire overtime isn't being funded and Bob LeLacheur noted there is already an increase built into the base budget. Barry Berman noted that an additional Crossing Guard got high rankings but didn't get funded. The Town Manager noted it is not needed because there is one within 250 feet. Karen Herrick asked what benefit we would see by updating the zoning bylaws and the Town Manager noted it will be easier for residents, developers, and staff. Jean Delios noted that people are requesting a redo of the off premise sign section of the bylaws. Karen Janowski called the School Committee to order at 7:40 p.m. Ben Tafoya called the Board of Selectmen to order at 7:40 p.m. David Greenfield asked what the drivers are in the school budget increase. John Doherty noted that $310,000 is curriculum material which is a one time cost and others are increase in number of positions due to enrollment. John Arena asked if the FTE's are a recurring cost that will persist and Mr. Doherty indicated that is correct. David Greenfield noted that he is not concerned about free cash this year but feels we will be setting ourselves up for trouble in future years. Barry Berman noted that free cash has never been healthier and is okay with using it as long as we don't go crazy. Hal Torman indicated he is concerned with an increase in headcounts. He asked if enrollment dropped will the headcount drop and John Doherty noted it was hard to say, but enrollment numbers are strong. Karen Herrick noted that she's comfortable spending now because it's like an investment in our future. The Town Manager noted that $1 million in free cash works out to be $118,000 for the Town and $756,797 for the Schools. Richard Schubert asked how many 8th graders are moving to the 9th grade and John Doherty indicated he did not know but it usually is 5 %. Chuck Robinson noted that 5% equals 60 students. John Doherty noted that over the past years we have had 100 additional students and no increase in staff. John Arena asked about the $400,000 for full day kindergarten and the Town Manager noted that the School Department is using a portion of that to explore other options. John Doherty noted that he anticipates that the most they will use of the $400,000 is $150,000. b(3-L/ Board of Selectmen, School Committee and Finance Committee — February 13, 2013 — page 3 David Greenfield indicated that next year he wants to discuss how to balance out the 1/3 and 2/3 split between the Town and School because when you keep adding to one the amount gets out of whack. Draft Library Building Committee Policy — The Town Manager noted this is scheduled for a hearing on February 26, 2013. The Library made changes at 6:45 p.m. today so there might be changes to it. The proposal is to have one Finance Committee member on the Committee along with two Library Trustees, two Library staff, one Historic Commission member, two Town Meeting members and two residents with professional construction expertise. Approval of Minutes A motion by Perry seconded by Herrick to approve the minutes of January 9, 2013 as amended was approved by a vote of 7 -0 -1. A motion by Arena seconded by Schubert that the Board of Selectmen go into Executive Session to consider the purchase, exchange, lease or value of real property and that the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and not to reconvene in Open Session was approved on a roll call vote with all four members voting in the affirmative. A motion by Berman seconded by McNeice that the Finance Committee go into Executive Session to consider the purchase, exchange, lease or value of real property and that the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and not to reconvene in Open Session was approved on a roll call vote with all eight members voting in the affirmative. A motion by Croft seconded by Spadafora that the School Committee go into Executive Session to consider the purchase, exchange, lease or value of real property and that the Chair declares that an open meeting may have a detrimental effect 'on the negotiating position of the body and to reconvene in Open Session was approved on a roll call vote with all four members voting in the affirmative. Respectfully submitted, Secretary �a3 yC6as Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, February 26, 2013 9:41 AM To: Schena, Paula Subject: FW: Executive Session Minutes I/c Board of Selectmen 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.readingma.gov email townmanager @ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownha ll.net /survey /sid /19a b55aed08fbc96/ - - - -- Original Message---- - From: Frederick Van Magness Lmailto:vanmagness @verizon.netl Sent: Tuesday, February 26, 2013 9:38 AM To: Reading - Selectmen Cc: Hechenbleikner, Peter; Lelacheur, Bob; Phil Pacino Subject: Executive Session Minutes In looking at approved Executive Session minutes that have been released, I find the following: Board of Selectmen - No Executive Session minutes released and published on line. Municipal Light Board - Last Executive Session minutes posted on line were for 2011. None released /posted for 2012. Citizens Advisory Board - Last Executive session minutes posted on line are for 2003. You might inquire about this when you meet with the CAB Representative that you appoint. Finance Committee - No Executive Session minutes posted on line. School Committee - unsure. With the upcoming elections possibly impacting the membership of many boards, it is important that a review be made of the status of Executive Session minutes and the posting on -line policy when the subject matter of the session is no longer at issue. It seems like there may be an inconsistent policy for posting these items on line as well, across all boards and committees that meet in Executive Session periodically. At this point, all I can assume is that there are no minutes 670,1 that can be released and that should be posted on line .... I hope that is the case. In the spirit of transparency, some of this is housekeeping. Sincerely, Frederick Van Magness SR 243 Franklin St. Reading, MA 01867 781 - 944 -0537 q ig-,2 4 C' 6'0-� Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, February 26, 2013 12:57 PM To: Schena, Paula Subject: FW: Executive Session Minutes I/c Board of Selectmen 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.readingma.gov email townmanager @ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net /survey /sid /19ab55aed08fbc96/ - - - -- Original Message---- - From: Phil Pacino (mailto:philpacino @grmp.netl Sent: Tuesday, February 26, 2013 10:24 AM To: Frederick Van Magness; Reading - Selectmen Cc: Hechenbleikner, Peter; LeLacheur, Bob; Sullivan, Kevin; Jeanne Foti Subject: RE: Executive Session Minutes The RMLD policy is to review the executive session minutes on an annual basis and release the minutes for which the issues have been completed and not still open. If the issue (e.g.- union nego strategy) is ongoing the minutes should stay in executive session. The GM and his office yearly reviews the minutes in detail and recommends thru the Commission secretary to the Commission what can be released. The Commission reviews the recommendations in detail and decide if it is appropriate to release the minutes. To date we have reviewed thru the end of 2011 thus you see the minutes that can be released thru the end of 2011. Due to the retirement of the GM, the Commission has not has been delayed in reviewing the executive session minutes for 2012. The Commission hopefully at its March 2013 meeting will review the 2012 executive session minutes and release publicly what can be released. - - - -- Original Message---- - From: Frederick Van Magness fmailto:vanmagness @verizon.netl Sent: 02/26/2013 9:38 AM 41 bI To: Selectmen Reading Cc: Hechenbleikner Peter; LeLacheur Bob; Phil Pacino Subject: Executive Session Minutes In looking at approved Executive Session minutes that have been released, I find the following: Board of Selectmen - No Executive Session minutes released and published on line. Municipal Light Board - Last Executive Session minutes posted on line were for 2011. None released /posted for 2012. Citizens Advisory Board - Last Executive session minutes posted on line are for 2003. You might inquire about this when you meet with the CAB Representative that you appoint. Finance Committee - No Executive Session minutes posted on line. School Committee - unsure. With the upcoming elections possibly impacting the membership of many boards, it is important that a review be made of the status of Executive Session minutes and the posting on -line policy when the subject matter of the session is no longer at issue. It seems like there may be an inconsistent policy for posting these items on line as well, across all boards and committees that meet in Executive Session periodically. At this point, all I can assume is that there are no minutes that can be released and that should be posted on line .... I hope that is the case. In the spirit of transparency, some of this is housekeeping. Sincerely, Frederick Van Magness SR 243 Franklin St. Reading, MA 01867 781 - 944 -0537 abv QURCES4 MASSACHUSETTS WATER RESOURCES AUTHORITY ��� tip Charlestown Navy Yard 100 First Avenue, Building 39 Z��r•! Boston, MA 02129 9SS t"i" Frederick A. Laskey Telephone: (617) 242 -6000 Executive Director Fax: (617) 788 -4899 TTY: (617) 788 -4971 February 25, 2013 Peter I. Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, MA 01867 RE: MWRA LOCAL WATER SYSTEM ASSISTANCE PROGRAM Dear Mr. Hechenbleikner: This letter provides confirmation of the MWRA Board of Directors' vote on January 16, 2013 for a one -time exemption to the Program Guidelines for the Local Water System Assistance Program to waive the annual allocation restriction for the Town of Reading to allow the Town to borrow up to its entire $4,012,000 remaining water loan allocation. Under the Local Water System Assistance Program, MWRA provides funding assistance in the form of interest -free ten -year loans to assist communities in the elimination of unlined water mains and other water system improvements. The Town of Reading has a total remaining allocation of $4,012,000 available for borrowing. Funds are distributed quarterly, on or about February 15` ", May 15t ", August 15t "' and November 15t" Based on recent discussions with Town staff, MWRA expects to receive a financial assistance application this spring with a target distribution date of August 15, 2013. MWRA staff look forward to working with you to initiate Reading's important water quality projects. Enclosed please find a copy of the Staff Summary to the MWRA Board and the corresponding Board meeting minutes noting Board approval of this item. If you have any questions, please do not hesitate to call me at 617 - 788 -4356. Sincerely, � (24,1 ;V oz:�� Carl H. Leone Senior Program Manager MWRA Community Support Program cc: Jeffrey T. Zager, Director, Department of Public Works George J. Zambouras, P.E., Town Engineer Nancy Heffernan, Town Treasurer Frederick A. Laskey, MWRA Executive Director N O W r, CID tv 4? N c-4 ® Printed on 100% Recycled Paper i .. IV B.3 1/16/13 STAFF SUMMARY TO: Board of Directors FROM: Frederick A. Laskey, Executive Director DATE: January 16, 2013 SUBJECT: Local Water System Assistance Program — Approval of Wat oan Program Guidelines Revision for Town of Reading Due to Water Quality Concerns COMMITTEE Water Policv & Oversight INFORMATION X VO Carl H. Leone, Senior Program Manager, Planning Stephen Estes- Smargiassi, Director of Planning o rook Preparer/Title C 'ef Operating Officer On June 30, 2010, the Board approved the Program Guidelines for the Local Water System Assistance Program to provide the second phase of interest free loan funding to member water communities. This staff summary recommends a one -time exemption to the Program Guidelines to allow the Town of Reading to - access its entire $4, 012, 000 remaining loan allocation, thus waiving the annual allocation restriction. The Town of Reading has made this request to MWRA based on water quality concerns resulting from low chlorine residual in the local water distribution system. RECOMMENDATION: To approve a one -time exemption to the Program Guidelines for the Local Water System Assistance Program to waive the annual allocation restriction for the Town of Reading to allow the Town to borrow up to its entire $4,012,000 remaining water loan allocation. BACKGROUND: The Phase 2 Local Water System Assistance Program ( LWSAP) provides $210 million in interest -free loans to 451 member water communities (approximately $21 million per year over ten years, FYI 1-FY20) for local water system improvement projects. Community loans are repaid to MWRA over a 10 -year period. The Phase 2 LWSAP loan funds are allocated to member water communities as listed on Attachment 1. The Phase 2 water loan program follows the $257 million Phase 1 Local Pipeline Assistance Program, which will be concluding at the end of FYI 3. 1 MWRA has a total of 50 water communities (with Dedham./Westwood Water District counted as one), of which 45 are allocated loan funds under the Local Water System Assistance Program The five ineligible water communities have special case consideration; these include: Clinton, Leominster (emergency only), and Worcester (emergency only), that receive untreated water from the Wachusett Reservoir; Cambridge, that receives water on an emergency- only basis; and Lynn, that receives water for the GE plant only. �G2 MWRA's goal in providing financial assistance to member communities is to improve local water systems to help maintain high quality water as it passes from MWRA's facilities through local pipelines to customers' taps. Continued improvement of local water systems is a critical element of MWRA's Integrated Water .Supply Improvement Program. Older water mains, particularly those constructed of unlined, cast -iron pipe, need to be replaced or cleaned and lined to prevent tuberculation (rust build -up) as depicted below, loss of disinfectant residual, and potential bacteria growth. Approximately 33% of local distribution systems remain unlined. Attachment 2 provides individual statistics for the total miles of lined and unlined water main in each member water community. Unlined cast -iron tuberculated water mains The water loan Program Guidelines include an annual allocation restriction, as follows: "Distribution of Program funds is spread over a 10 -year period FY11 through FY20. Each community's annual allocation is restricted to the larger of (1) 10 percent of their total allocation or (2) $500,000. If not utilized in a given year, annual allocations roll -over and accumulate up to the community's total allocation. The annual allocation restrictions are intended to limit MWRA loan distributions to about $21 million per year." DISCUSSION: The Town of Reading was approved as a fully - served MWRA water community on October 7, 2007 (the previous two years Reading was a partial MWRA water user). The change in supply from Reading's water treatment plant located on the northern edge of the town to MWRA_'s supply from the southern edge of the town, as well as storage tank operations and the presence of unlined, cast -iron mains, has contributed to lower summertime total chlorine residual levels at some local coliform sampling sites. The changes in water quality and water system hydraulics were the impetus for the Town of Reading updating its Water System Master Plan, completed by Weston and Sampson in September 2012. Water quality modeling confirmed that tuberculated unlined pipe is contributing to degradation of total chlorine residual as water travels through Reading's distribution system from the new MWRA supply meter located in the southern portion of the local system to the northern portions. 2 QC3 The report recommends a program to rehabilitate or replace all unlined water pipe (a cost of up to $25 million) over 20 years. The plan also recommends changes to how the Town operates its distribution storage, and recommends abandoning one of the two existing tanks to reduce water age. (A separate staff summary being presented at this meeting discusses the potential of MWRA acquiring one of the Reading - owned tank sites for a regional MWRA water supply tank.) Reading has been working to improve local water quality. The Town -has recently completed a $2.05 million construction project to replace 1.7 miles of unlined, cast - iron water main on Haverhill and Charles Streets. The project was funded in August 2011 through MWRA's water loan program and used all of Reading's Phase 1 allocation and a small portion of the Town's Phase 2 N -RTH RE-ADING__ allocation. Reading s next pnonty project to eliminate additional unlined pipe (water main phase A -1 improvements), including the main local transmission line feeding the northern portion of the Town, is estimated at $4 to $5 million and is detailed in Reading's letter to MWRA (see Attachment 3). Reading plans to begin this project in July 2013. Under MWRA's Phase 2 LWSAP, Reading has a 10 -year remaining allocation of $4,012,000. However, the Program Guidelines restrict Reading's annual allocation to $500,000. FY13 is the third year of the program; thus, Reading's current available allocation is $1,366,000 (calculated as $500,000 times 3 minus $134,000 previously distributed). An additional $500,000 becomes available each fiscal year up to the $4,012,000 total. Staff recommend that the Board approve a one -time exemption to the Program Guideline's limits, which will allow MWRA staff to work with Reading representatives to rapidly provide a 10 -year, interest -free water loan to fund construction of Reading's priority local water quality project(s). BUDGETNISCAL IldPACT: The FY13 CIP includes an overall net budget of zero dollars for water loans because community loans are offset by repayments over time. However, depending on the timing and level of community loan requests, annual loan distributions can fluctuate significantly, sometimes causing over - spending or under- spending (compared to budget) for any particular year. Through the first half of FY13, MWRA has distributed $21.2 million in interest -free, 10 -year water loans, which exceeds the annual -budget by $2 million. Including the proposed $4 million loan to Reading, all community water loans for FY13 are projected to be between $6 million and $8 million over budget due to communities requesting more loans than anticipated. The accelerated distribution of water loans will result in accelerated repayments and a net offset over time. As. 3 q Former Water Treatment Plant i 1 Tank - :_�:��::`. �•- r- .b �A READING �- V. Bear Hill Meter 240 Tank Reading :. _ - - •,., i - -, . i.WAkEF_I.EL"D 339 ,1 i - . W O B U R'N N E HiA.M.. ilk allocation. Reading s next pnonty project to eliminate additional unlined pipe (water main phase A -1 improvements), including the main local transmission line feeding the northern portion of the Town, is estimated at $4 to $5 million and is detailed in Reading's letter to MWRA (see Attachment 3). Reading plans to begin this project in July 2013. Under MWRA's Phase 2 LWSAP, Reading has a 10 -year remaining allocation of $4,012,000. However, the Program Guidelines restrict Reading's annual allocation to $500,000. FY13 is the third year of the program; thus, Reading's current available allocation is $1,366,000 (calculated as $500,000 times 3 minus $134,000 previously distributed). An additional $500,000 becomes available each fiscal year up to the $4,012,000 total. Staff recommend that the Board approve a one -time exemption to the Program Guideline's limits, which will allow MWRA staff to work with Reading representatives to rapidly provide a 10 -year, interest -free water loan to fund construction of Reading's priority local water quality project(s). BUDGETNISCAL IldPACT: The FY13 CIP includes an overall net budget of zero dollars for water loans because community loans are offset by repayments over time. However, depending on the timing and level of community loan requests, annual loan distributions can fluctuate significantly, sometimes causing over - spending or under- spending (compared to budget) for any particular year. Through the first half of FY13, MWRA has distributed $21.2 million in interest -free, 10 -year water loans, which exceeds the annual -budget by $2 million. Including the proposed $4 million loan to Reading, all community water loans for FY13 are projected to be between $6 million and $8 million over budget due to communities requesting more loans than anticipated. The accelerated distribution of water loans will result in accelerated repayments and a net offset over time. As. 3 q community loans are repaid, the funds are deposited into MWRA's construction fund. The funding for this program is secured through MWRA's tax- exempt commercial paper. ATTACFIlVMNTS: Attachment 1 - LWSAP Allocation and Funding Utilization by Community Attachment 2 - Community Water System Statistics Attachment 3 — Letter Request from Town of Reading his 4 ATTACHMENT 1 MWRA LOCAL WATER SYSTEM ASSISTANCE PROGRAM ALLOCATION AND FUND UTILIZATION BY COMMUNITY THROUGH DECEMBER 2012 Community Community Total Allocation Community Annual Allocation Allocation To Date (Year 3) Funds Distributed Thru Dec 12 Percent Distributed (Year 3) Total. Remaining Funds Funds Currently Available Arlington $6,225,000 $622,500 $1,867,500 0% $6,225,000 $1,867,500 Bedford' $2,418,000 $500,000 $1,500,000 $1,000,000 67% $1,418,000 S500,000 Belmont $3,477,000 $500,000 $1,500,000 S1,000,000 67% $2,477,000 $500,000 Boston 538,754,000 $3,875,400 $11,626,200 $8,948,040 77% $29,805,960 $2,678,160 Brookline $3,426,000 5500,000 $1,500,000 0% 53,426,000 51,500,000 Canton $3,216,000 S500,000 $1,500,000 $910,000 61% $2,306,000 $590,000 Chelsea $3,814,000 $500,000 $1,500,000 00/0 $3,814,000 $1,500,000 Dedham(Westwood • $503,000 $503,000 $503,000 $503,000 100% SO $0 Everett $4,672,000 5500,000 $1,500,000 $500,000 33% $4,172,000 $1,000,000 Framingham $7,357,000 $735,700 $2,207,100 $2,207,100 100% $5,149,900 SO Leodngton $3,024,000 $500,000 $1,500,000 00/0 $3,024,000 $1,500,000 Lynnfield Water Dist. $1,396,000 $500,000 $096,000 0% $1,396,000 $1,396,000 Malden $7,272,000 $727,200 $2,181,600 $1,454,000 67% $5,818,000 $727,600 Marblehead $4,237,000 $500,000 $1,500,000 00/0 $4,237,000 $1,500,000 Marlborough • $1,917,000 $500,000 $1,500,000 00/0 51,917,000 $1,500,000 Medford $6,959,000 $695,900 $2,087,700 00/0 $6,959,000 S2,087,700 Melrose $3,988,000 5500,000 51,500,000 00/0 $3,988,000 $1,500,000 Milton $4,123,000 $500,000 $1,500,000 0% $4,123,000 $1,500,000 Nahant $1,490,000 $500,000 $1,490,000 5884,000 59% $606,000 $606,000 Needham • $794,000 $500,000 $794,000 0% $794,000 $794,000 Newton $13,602,000 $1,360,200 $4,080,600 $2,720,400 67% $10,881,600 $1,360,200 Northborongh' $1,048,000 $500,000 $1,048,000 00 /0 $1,048,000 $1,048,000 Norwood $4,395,000 $500,000 $1,500,000 $1,500,000 100% $2,895,000 So Peabody' $1,089,000 5500,000 $1,089,000 0% $1,089,000 $1,089,000 Quincy $10,505,000 $1,050,500 $3,151,500 $3,151,500 100% $7,353,500 $0 Reading $4,146,000 $500,000 $1,500,000 $134,000 90/0 $4,012,000 $1,366,000 Revere $5,034,000 $503,400 $1,510,200 00/0 $5,034,000 $1,510,200 Saugus $6,621,000 $662,100 $1,986,300 $1,880,000 95% $4,741,000 $106,300 Somerville $7,419,000 $741,900 $2,125,700 00/0 $7,419,000 $2,225,700 Southborough $1,512,000 $500,000 $1,512,000 0'/0 $1,512,000 $1,512,000 Stoneham 52,339,000 5500,000 $1,500,000 $1,000,000 67'/0 $1,339,000 $500,000 Stoughton' $2,506,000 $500,000 $1,500,000 00A $2,506,000 $1,500,000 Swampscott $3,755,000 $500,000 $1,500,000 $249,468 17% $3,505,532 $1,250,532 Wakefield • $2,325,000 $500,000 $1,500,000 $1,400,000 93% $925,000 $100,000 Waltham $10,293,000 $1,029,300 $3,087,900 0% $10,293,000 $3,087,900 Watertown $2,978,000 $500,000 $1,500,000 00/0 $2,978,000 $1,500,000 Wellesley • $2,350,000 $500,000 $1,500,000 $241,569 16'/0 $2,108,431 $1 ,258,431 Weston $1,625,000 $500,000 $1,500,000 0'/O $1,625,000 $1,500,000 Wilmington' $611,000 $500,000 $611,000 0'/0 $611,000 $611,000 Winchester' $882,000 5500,000 $882,000 0'/0 $882,000 $882,000 Winthrop $3,312,000 $500,000 $1,500,000 00/0 $3,312,000 $1,500,000 Woburn $2,591,000 $500,000 $1,500,000 51,000,000 670/9 $1,591,000 $500,000 Chicopee $7,153,000 $715,300 $2,145,900 52,085,000 97% $5,068,000 $60,900 South Hadley F.D. 1 $1,538,000 $500,000 51,538,000 00/0 $1,538,000 $1,538,000 Wilbraham $1,309,000 $500,000 $1,309,000 00/0 S1,309,000 $1,309,000 $50,562,123 TOTAL S210,000,000 S32,768,077 $177,231,923 ' Partially Served Communities G( ATTACE11%1ENT.2 MWRA. LOCAL PIPELINE AND WATER SYSTEM ASSISTANCE PROGRAMS LINED AND UNLINED PIPE BY COMMUNITY AS OF DECEMBER 2012 Community Total Milm of Pipe Mlles of Lined Pipe Miles of Unlined Pipe Percent Unlined Arfingmn 132 66 66 50%. Bedford' 85 55 30 36% Belmont 88 62 26 30% Boston 1009 883 126 12°x6 Brookline 140 140 0 0% Canton" 121 87 34 28% CLelsea 59 33 25 43% chkopee 262 209 54 21% DedbamrWestwood• 190 141 49 26% Everett 68 33 35 51% ham 274 211 63 23% TAxington 157 150 7 5% L ld W.D. 29 25 5 16% Malden 118 60 58 49% Marblehead 80 31 48 61% Marnero he 168 154 14 8% Medford 120 48 72 60% McIrme 80 40 40 50% Milton 138 97 41 30% Nahant 23 16 7 30% Needbam" 133 90 43 32% Newton 319 151 167 52% NordibowtzW 65 61 4 6% Norwood 118 78 40 34% PeabW 170 55 115 68% 238 140 98 41% Read' Readb3g 110 65 45 41% Revere 91 48 43 47% Slug= 125 41 84 67% Somerville 120 47 73 61% Soutkffidley F.D.1 82 32 50 61% Sandiboroulth 87 82 5 5% Stonebam 78 76 2 3% Stoughton' 148 53 94 64% Swampscott 55 14 41 74% Wakefield" 114 88 26 23% Waldlam 157 44 113 72% Watertown 80 65 15 19% wenesle • 136 64 72 53% Weston 105 105 0 0% Wf@rahsm 74 20 54 73% vAhdneton 126 99 27 21% Wfnehestere 105 105 0 0% Wm moth 45 I1 34 75% Woburn" 182 106 76 42% TOTAL 6,404 4,284 2,120 33 • Partially SenedCenmmities q&? OFRV Town- of Reading c 0 16 Lowell Street Reading, MA 01867 -2685 IHCORQ °� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 January 8, 2013 Mr. Frederick A. Laskey, Executive Director MWRA Charlestown Navy Yard 100 First Ave, Building 39 Boston, MA 02129 Re: Local Water Assistance Program Dear Mr. Lasky: The Town of Reading recently completed a water distribution system master plan. The study was performed to evaluate the new MWRA connections, system nitrification, chlorine decay, and to recommend system water quality improvements. Through hydraulic modeling analysis it was determined that while less than 30 percent of the distribution system is comprised of unlined pipe, unlined pipe is responsible for over 50 percent of the total chlorine decay in Reading's water distribution system. The report recommends capital improvements to the distribution system totaling $25M, focused on water main rehabilitation to improve water quality consisting of: • Replacement of unlined pipes under 6 inch in size • Cleaning and relining of unlined pipes greater than 6 inches • Removal of unnecessary parallel mains The master plan further identifies a recommended primary phase of improvements which targets projects that will achieve the greatest level of system improvements, especially to the northern end of Reading where the greatest level of nitrification is occurring. This initially phase is estimated at $ l OM and the Town of Reading desires to implement the first portion of this prof ect beginning in July 2013. A warrant article will be included in the 2013 Annual Town Meeting warrant to authorize this first phase totaling $4 to $5• million. A complete listing of projects is identified on the attached sheet. To accomplish this goal the Town of Reading respectfully requests approval to access the entire remaining Local Water System Assistance funds of $4,012,000 in interest free loans to expedite the first phase of these needed water quality improvement projects. Cib Thanks you for your assistance and for consideration of this request at the MWRA Board meeting in January 2013. Sin ely, Peter I. Hechenbleikner Town Manager cc: Board of Selectrr�en DPW Director Town Engineer q cCi 00 READING CAPITAL IMPROVEMENTS PROGRAM WATER MAIN PHASE A -1 IMPROVEMENTS Phase Street Name From and To Street Limits biam in (') Install Year Length (feet) Recommendation Year 2012 Project Cost A -1B Linden St Woburn St to Lowell St 6 1891 968 *Repl w/ 8" DI $159,746 A -1 MAIN ST Woburn St to Mill St 12 1890 12,313 Clean & Line $1,723,809 A -1 MILL ST Main St to Town Line 12 1890 1,724 Clean & Line $241,360 A -1 LOCUST ST Main St to Auburn St Tank 12 1890 110-16- Clean & Line $142,250 A -1 MAIN ST South St to Hopkins St 6 1892 658 Abandon $32,879 A -1 MAIN ST Ash St to Hopkins St 6 1892 4,633 Repl w/ 8" DI $764390 Phase R1 -A $2,904,687 • A -1A Chute St. Woburn St to Haven St 6 1890 450 Repl w/ 8" DI $74,324 A -1A Haven St Main St to High St 8 189.0 1',228 Repl w/ 8" DI $202,539 A -1A Sanborn St Haven St to Woburn St 6 1890 576 Repl w/ 8" Di $95,012 A -1A Linden St Haven St to Woburn St 6 1891. 600 Repl w/ 8" DI $99,000 A -1A High St Haven St to Washington St 6 1890 1,226 Repl w/ 8" DI $202,282 A -1A Washington St Minot St to Ash St 6 •1930 518 Repl w/ 8" DI $85,436 Phase R2 -A $758,593 A -1 B Bear Hill Rd. Summer Ave to Hopkins St 12 1929 1,186 Clean & Line $166,048 A -1B Linden St Woburn St to Lowell St 6 1891 968 *Repl w/ 8" DI $159,746 A -1 B Minot St Main St to Washington St 6 1892 1,559 Repl w/ 8" DI $257,159 A -1B Summer Ave Hopkins St to Bear Hil Rd 6 1909 1,486 New 12" DI $274,845 A -1 B Libby Ave Salem St to end 6 1925 2,282 Repi w/ 8" DI $376,550 A -1 B X Country Belmont St to Libby Ave 1,105 New 8" DI $220,901 Phase R2 -13 $1,455,249 TOTAL COST PHASE A -1 (2012) $5,118,529 d VOTE EXTRACTS JANUARY 16, 2013 BOARD OF DIRECTORS' MEETING (Subject to final Board approval of meeting minutes) I. APPROVAL OF MINUTES Voted to approve the minutes of the Board of Directors' meeting of December 12, 2012, as presented and filed with the records of the meeting. IV. BOARD ACTIONS A. Approvals 1. Approval of the Sixty -Fifth Supplemental Resolution (ref. AF &A B.1) Voted to adopt the Sixty -fifth Supplemental Resolution authorizing the issuance of up to $300,000,000.00 of Massachusetts Water Resources Authority General Refunding Bonds and the supporting issuance resolution. 2. Authorization to Surplus Waban Hill Reservoir, Newton (ref. AF&A B.2) Voted to declare as. surplus to MWRA's water system construction, maintenance or operation needs and purposes an approximately 5.09 acre parcel known as the Waban Hill Reservoir located in the City of Newton, as presented and filed with the records of the meeting, and to dispose of it by notifying the Commissioner of the Division of Capital Asset Management. 3. Local Water System Assistance Program — Approval of Water Loan Program Guidelines Revision for the Town of Reading Due to Water Quality Concerns (ref. W B.1) Voted to approve a one -time exemption to the Program Guidelines for the Local Water System Assistance Program to waive the annual allocation restriction for the Town of Reading to allow the Town to borrow up to its entire_. $4,012,000.00 remaining water loan allocation. 4. PCR Amendments — January 2013 (ref. P &C A.1) Voted to approve an amendment to the Position Control Register, as presented and filed with the records of the meeting. 5. Authorization to Acquire Land in Weston (ref. AF&A B.3) Voted to authorize the Executive Director, on behalf of the Authority, to acquire for nominal consideration from the Massachusetts Department of Transportation an approximately 39,326 square foot parcel of land in Weston, as presented and filed with the records of the meeting. of C., Vote Extracts, January 16, 2013 Page 2 of 2 B. Contract Amendments /Change Orders 1. Miscellaneous Fencing and Guard Rail: STEELCO Chain Link Fence Erectinq Co., Inc. Contract 6760T Change Order 2 (ref. W C.1) Voted to authorize the Executive Director, on behalf of the Authority, to approve Change Order No. 2 to increase the amount of Contract No. 6760T with STEELCO Chain Link Fence Erecting Co., Inc., Miscellaneous Fencing and Guard Rail, in an amount not to exceed $51,760.00, with no increase in contract term; and to authorize the Executive Director to approve additional change orders as may be needed to Contract No. 6760T in amounts not to exceed the aggregate of $50,000.00, in accordance with the Management Policies of the Board of Directors. 2. Hultman Aqueduct Interconnections: Barletta Heavy Division Inc. Contract 6975, Change Order 26 (ref. W C.2) Voted to authorize the Executive Director, on behalf of the Authority, to approve Change Order No. 26 to increase the amount of Contract No. 6975 with Barletta Heavy Division, Inc., Hultman Aqueduct Inter- connections, in a lump sum amount of $153,551.00, with no increase in contract term; and to authorize the Executive Director to approve additional change orders as may be needed to Contract No. 6975 in amounts not to exceed the aggregate of $250,000.00, in accordance with the Management Policies of the Board of Directors. 3. Southern Extra High Redundancy Plan: SEA Consultants, Inc., Contract 6452, Amendment 6 (ref. W C.3) Voted to authorize the Executive Director, on behalf of the Authority, to approve Amendment No. 6 to extend the term of Contract No. 6452 with SEA Consultants, Inc., Southern Extra High Redundancy Plan, by 12 months to February 28, 2014, with no increase in contract amount. Further, to approve a change in the name of the Consultant for Contract 6452 from SEA Consultants, Inc. to Kleinfelder Northeast, Inc. L/G (36S NORTHEAST METROPOLITAN REGIONAL VOCATIONAL SCHOOL DISTRICT Theodore Nickole Superintendent - Director February 13, 2013 100 HEMLOCK ROAD • WAKEFIELD, MASSACHUSETTS 01880 -3597 781 -246 -0610 - FAX 781- 246 -4919 Chief Gregory Burns Reading Fire Department 757 Main St. Reading, MA 01867 Dear Chief Burns, I would like to take a brief moment to express my deepest gratitude to all of the fire departments who responded to the fire call at Northeast Metro Tech last month. This could have been a true catastrophe if not for the heroic actions of our local fire fighters. It was nothing less than amazing to watch how every company that responded knew exactly what to do and how to do it. This truly was a perfectly orchestrated effort from all involved. Again, on behalf of the Faculty, Staff and Students here at Northeast, thank you. Sincerely, Theodore Nickole Superintendent- Director CHELSEA MALDEN MELROSE NORTH READING READING REVERE 9 SAUGUS STONEHAM WAKEFIELD WINCHESTER WINTHROP WOBURN N F, A & 4 I would like to take a brief moment to express my deepest gratitude to all of the fire departments who responded to the fire call at Northeast Metro Tech last month. This could have been a true catastrophe if not for the heroic actions of our local fire fighters. It was nothing less than amazing to watch how every company that responded knew exactly what to do and how to do it. This truly was a perfectly orchestrated effort from all involved. Again, on behalf of the Faculty, Staff and Students here at Northeast, thank you. Sincerely, Theodore Nickole Superintendent- Director CHELSEA MALDEN MELROSE NORTH READING READING REVERE 9 SAUGUS STONEHAM WAKEFIELD WINCHESTER WINTHROP WOBURN o f / c �-c- f Town of Reading y 16 Lowell Street �o,63910rCORe0�P��o Reading, MA 01867 Joseph R. Veno, Chairman Sharon M. Angstrom Richard P. Foley February 27, 2013 To the Honorable Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Gentlemen, CONTRIBUTORY RETIREMENT BOARD Ph: (781) 942 -9007 Fx: (781) 942 -9037 Francis P. Driscoll Thomas A. Clough Colleen Loughlin, Ret Admin Please be advised that at the meeting of the Reading Retirement Board held on Thursday, February 21, 2013, the Board determined that Joseph R. Veno was the only candidate nominated for the Second Member of the Reading Retirement Board. Therefore, it was voted to declare Joseph R. Veno to be elected the Second Member of the Reading Retirement Board in accordance with M.G.L. Chapter 32, 840 CMR 7.00. His term will commence on April 1, 2013 and expire on March 31, 2016. Sincerely, / Colleen Loughlin v Retirement Board Administrator i Schena, Paula From: Sent: To: Subject: Attachments: L/c BOS Sent from my iPhone Pete Begin forwarded message: Hechenbleikner, Peter Tuesday, March 05, 2013 2:47 PM Schena, Paula Fwd: FiOS TV Notice MPEG Cus Notice.pdf; ATT00001.htm 4c, 8D-s- From: "Reddish, Jill M" <jill.m.reddish @verizon.com> Date: March 5, 2013, 12:47:33 PM EST To: "Reddish, Jill M" <iill.m.reddish @ verizon.com>, "Frere, Mary Louise" <mary.l.frere @verizon.com> Subject: FiOS TV Notice Dear Municipal Official: This is to notify you about upcoming programming changes to Verizon's FiOS TV service as more fully described in the attached sample customer notice. On or after April 15, 2013, Verizon will make a change to our network which may require certain subscribers to exchange their current High Definition Set Top Boxes (STB) to access the HD channels impacted by this change (listed below). The exchange is provided at no cost to subscribers. Subscribers can make the STB exchange directly through their FiOS TV by following a few easy steps. Cable cards provided by Verizon are compatible with the network enhancements being made and do not require an exchange. 0 The channels impacted by Verizon's network change on or after April 15, 2013 are: Channel Name ES.TV IMPACTED Channel Number 558 , HBO Family •- 906 ESPN Goal Line /Buzzer Beater 571 HBO Family (West) 907 Tennis Channel 592 HBO Latino 912 World Fishing Network 597 HBO Latino West 913 Cars.TV 599 MoreMax (West) 923 Pets.TV 633 Action Max 924 MyDestination .TV 674 Thriller Max 926 Recipe.TV 676 W Max 928 Comedy.TV 695 At Max 929 MGM HD 744 ESPN 3D 1002 Customers have 24/7 access to channel lineups by visiting us online at verizon.com /fiostvchannels. Should you or your staff have any questions, please contact me. Sincerely, Jill Reddish FiOS TV- Sr. Staff Consultant Franchise Management 617 342 0558 Mary Lou Frere FiOS TV — Sr .Staff Consultant Franchise Management 617 -743 -4119 Revised 2/27 Important Notification Regarding Your MOS® TV Equipment Dear Valued Verizon Customer, To provide you the very best entertainment experience, Verizon continues to enhance our FiOSO Network. We wanted you to be aware of an upcoming change that may impact how you view certain HD channels. On or after April 15, 2013, we will be making a change to our network which may require that you exchange your current High Definition Set Top Box ** (STB) if you want to access the HD channels impacted by this change (listed below). The exchange is provided at no cost to you. If you choose to exchange your STB, it's a simple process. You can order a new STB directly from your FiOS TV and we will promptly mail it to you, along with a box and pre -paid label so you can easily return your old STB. • You are not required to exchange your Set Top Box. • If you want to view the impacted channels below on or after April 15, 2013, then you may be required to exchange your current Set Top Box at no cost to you. • Set Top Box exchange is a simple process - your FiOS TV will guide you through the process in a few easy steps. On or after April 15, 2013, when you tune to one of the impacted channels below, your FiOS TV will recommend you exchange your Set Top Box, and show you how to do so. • Verizon will ship your new Set Top Box promptly, and include a box and pre -paid shipping label to return your old Set Top Box. We'll also include simple instructions for connecting your new Set Top Box. • If you have multiple boxes that are impacted by this network change, your FiOS TV will prompt you to exchange all boxes that require a replacement, again at no cost to you. Here are the channels impacted by our network change on or after April 15, 2013: ES.TV 558 HBO Family 906 ESPN Goal Line/Buzzer Beater 571 HBO Family (West) 907 Tennis Channel 592 HBO Latino 912 World Fishing Network 597 HBO Latino West 913 Cars.TV 599 MoreMax (West) 923 qF3 Revised 2/27 Pets.TV 633 Action Max 924 MyDesti nation .TV 674 Thriller Max 926 Recipe.TV 676 W Max 928 Comedy.TV 695 At Max 929 MGM HD 744 j ESPN 3D 1002 To determine if your HD STB(s) must be exchanged to view the impacted channels: • Press the MENU button on your remote. • Navigate to CUSTOMER SUPPORT, Select IN-HOME AGENT, Choose SET TOP BOX EXCHANGE and then Press OK. You can then follow the onscreen prompts to determine if your HD STB(s) must be replaced and submit a STB exchange request. We apologize for any inconvenience and look forward to continuing to provide you with the very best entertainment over the FiOS network. Sincerely, Your Verizon Team "Cable cards provided by Verizon are compatible with the network enhancements being made and do not require an exchange. If you use a cable card and experience issues viewing any of the channels listed above please go to verizon.comtsupport > Click FiOS TV > Click Set Top Box & DVR > Click on Learn about Cable Cards qF� MARTHA C.OAKLEY ATTORNEY GENERAL L'l c d as THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION Via Electronic Mail Laura A. Gemme, Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 February 28, 2013 (508) 792 -7600 (508) 795 -1991 fax www.mass. aWavzo RE: Reading Fall Annual Town Meeting of November 13, 2012 - Case # 6578 Warrant Articles # 15 and 16 (Zoning) Warrant Articles # 12, 13 and 14 (General) Dear Ms. Gemme: Articles 12, 13 and 14 - We approve the amendments to the Reading by -laws adopted under these Articles on the warrant for the Reading Fall Annual Town Meeting that convened on November 13, 2012. Articles 15 and 16 — We remind the Town that because these zoning Articles were placed on "hold" for a time period pursuant to G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, these Articles have a different decision due date. We will issue our decision on these Articles on or before April 11, 2013. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by -laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by -laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by -law, and (2) zoning by -laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by -law. qul-- / Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL W' - � 0-MA by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 cc: Town Counsel Gary Brackett (via electronic mail) ��v AB' APPROVAL COVER SHEET 1016-00035 ua.cIwL 1wm JRKR CORPORATION I NAME OF LICENSEE TRANSACTION TYPE: EW LICENSE AKT OF ORG PLAN ABUTTERS is CITY /TOWN READING APPROVED subject to the condition that the above named licensee deliver to this Commission a copy of the Fire Safety Certificate required by M.G.L. c. 10, § 74, as created by Chapter 304 of the Acts of 2004. before the Local Licensing Authority issues the license pursuant to M.G.L. c. 138. § 15A. Pledge of License CIRCLE ONE: RETURN NO ACTION REMARKS: INFORMATIONAL HEARING This application was reviewed by the undersigned: Executive Director or Designee Date: The Commission by their signatures signifies that they are pproving/ isapproving this application. COMMISSION ACTION: CHAIRMAN: Date: 0. 2 b - L7 Date: Date: 97, W t x. sP W V 96 �1 lbgg _ 00m' ABCC License Number The CommoFt`wealt of assachusetts Alcoholic Beverages o o! Commission For Reconsideration 239 Cause freet Boston, 14 www ma bcc He Le FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY TRANSACTION TYPE (Please check all relevant transactions): Reading 01/08/2013 City/Town NEIL L {CENSELot;alApprovalDate ❑ Pledge of License ❑ Change Corporate Name ❑ Pledge of Stock ❑ Seasonal to Annual ❑ Transfer of Stock ❑ Change of License Type ❑ New Stockholder ❑ Other New License ❑ New Officer /Director [] Transfer of License ❑ Change of Location ❑ Change of Manager ❑ Alteration of Licensed Premises ❑ Cordials /Liqueurs Permit ❑ Issuance of Stock ❑ 6 -Day to 7 -Day License ❑ Management/Operating Agreement ❑ Wine & Malt to All Alcohol Name of Licensee RKR Corporation EIN of Licensee i D /B /A Bunratty Tavern Manager Eilish Havey ADDRESS: 622 Main Street CITY/TOWN: Reading - -STATE F:1 ZIP CODE 01867 Annual All Alcohol ^� 5 2013 [Restaurant Annual orSeasgnal hCategory: (AN Alcohol- Wine &Wit Wine, NEW LICENSE Type: (Restaurant, Club, Package Malt & Cordials) Store, General On Premises, Etc.) Complete Description of Licensed Premises. !Single story premises with basement, both approx 3200 square feet. Center Entrance Door from Main Street, Lounge Seating to left of door, dining seating to right. Bar on left hand side wall. Casual seating in center. Two doors on right hand side outer wall to outside (one to patio.other to walkway). Bathrooms M/F along back Wall. Traditional restaurant seating in back portion of premises. Staircase on left hand side wall down to basement which holds kitchen, dry/cold storage, beer walk -in, office and staff restrooms, mop room, mechanical and electrical rooms. Outdoor seating for seasonal use with entrance through restaurant. Application Filed: Dec 13, 2012 ^� 'Advertised: Dec 18, 2012 Abutters Notified: . Yes Z No ❑ Date & Time Date & Attach Publication Licensee Contact Person for Transaction Eilish Havey Phone: 617 - 861 -5744 ADDRESS: 422 Park Street CITY/TOWN: North Reading STATE MA ZIP CODE 01864 Remarks: The Local Licensinq Authorities Bv: 20191 ABCC Remarks: ��!' Ff)) Beverages Control Commission Ralph Sacramone Executive Director Facilities Implementation UNI TED STATES ;U POSTAL SERVICE March 1, 2013 The Honorable Peter I. Hechenbleikner Town Manager, Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: . D Cu,. 4 L'l, c S uS As part of a national effort, the Postal Service has been engaged in re- evaluating its facilities. As a self - supporting government agency that receives no tax dollars for its operating expenses, the Postal Service relies on the sale of postage, products, and services to fund its operations. In order to sustain universal mail service to the American people, it is imperative that the Postal Service adjust its retail, delivery and mail processing networks to match America's changing communication trends and the anticipated continued decline in mail volume. Toward that end, one initiative we are pursuing is our facility optimization process. This process is intended to analyze our delivery and retail facilities infrastructure to ensure optimal use of space in our facilities. The Reading Main Post Office located at 136 Haven Street is one of several properties recently analyzed. The property comprises roughly 17,000 square feet of interior space and includes a basement and first floor area. An optimization study has been approved that recommends selling this underutilized asset, relocating the delivery carriers to underutilized space in our Woburn facility, and right sizing the post office into smaller space. We require approximately 1,400 square feet of space for the new Reading Post Office. The proposed new post office will offer the community an upgraded, modern facility that will provide the level of service expected by our customers. The post office would be housed within the same building following a sale or within other space nearby. Alternate locations for the facility would be explored at the time an offer to buy the property is received, if that is the best valued option. The Postal Service wishes to work in partnership with you and the community. We thank you for your participation in this process and we look forward to working with you and your staff as this project develops. Sincerely, oseph J. Real E 2 Congress Street, Room 8 Milford, MA 01757 Q� 1 q G 6 DS Schena, Paula From: Hechenbleikner, Peter Sent: Monday, March 11, 2013 10:33 AM To: Schena, Paula Subject: FW: Reading - West Street - Project Readiness - Project File Number 601705 Attachments: LT- 2013 -03 -06 -100% Submission Letter.pdf UC Board of Selectmen 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.readingma.gov email townmanager(a,ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey. virtualtownhall. net /survey /sid /19ab55aed08fbc96/ From: Zambouras, George Sent: Monday, March 11, 2013 8:52 AM To: Hechenbleikner, Peter Cc: Zager, Jeff Subject: FW: Reading - West Street - Project Readiness - Project File Number 601705 West Street was officially submitted to MassDOT last week George J. Zambouras, P.E. Town Engineer 781 -942 -6683 781 - 942- 5441(fax) Email: gzambouraskci.reading ma.us Please note Town Hall Hours Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday 7:30 a.m. - 7:00 p.m. Friday: CLOSED From: Howie, Geoffrey [ma i Ito: ghowie0gpinet.com] Sent: Sunday, March 10, 2013 1:48 PM To: Sean Pfalzer Cc: Zambouras, George; Johnson, Joe; Filbert Yee (filbert.yee @state.ma.us); Frank Suszynski (frank.suszynski @ state.ma. us) Subject: Reading - West Street - Project Readiness - Project File Number 601705 Sean, IN I wanted to let you know that the 100% Design Package was submitted to MassDOT last Wednesday (March 6th). I have attached the letter for your use. As you can probably guess, this was a major milestone for the project. I know you have many things going on and I appreciate the attention you have given this project to date, but we were hoping that the Project Readiness Section of the Project Information Form could get updated to reflect this submission for this upcoming IFFY 2014 -2017 TIP Development. Mr. George Zambouras from the town is also using this submission to finalize the Right of Way for the project. As usual Sean, please let us know if you have any questions or comments and we will provide the necessary information. Also, any assistance you can continue to lend the town in terms of advice for moving this project to the upcoming TIP is always greatly appreciated. It would seem that with the submission of this package, the town would stand in good stead to finally get this project off the ground. Thanks much Sean. GPI Geoffrey J. Howie, PE Vice President I Duector of Trrdnsportrati as Greenman - Pedersen, Inc. Engineering and Construction Services 181 Ba.i rdv2' :Street, .suite 2 0,2, khiltnington. P.AA 0 188 d r'; 5702x8 f 58 1 ).,8 .3044 ; c 789 2r6 7241 ghowie(c1)4oinet.com W W gn.. %r et_corn This o!7 ,inl<:ati6;' rand any atta chanents 2arf, ntenCed only fof the ose of the ,nciv:,dual w entity nan-o- d S tt'E? 3d dre.>. °x e- It may contain mfo m,,.',or which �s i nv :egEt4 anc/Oi ; ! 'de°tt3. � ncer app ieahle lava, it yoo are not the intended recap ent or such recipients employee or agent_ yot, are hereby notifed that any rir a cn, copy ur ,d :sc osare of tt s,,,o a iurwi a.:on is strictly prole bated acid to notity the sender it rr; ad:ate y- GPIGreenman - Pedersen, Inc. Engineering and Construction Services NEX- 2005105.00 March 6, 2013 Mr. Thomas F. Broderick, P.E. Chief Engineer Massachusetts Department of Transportation — Highway Division Ten Park Plaza Boston, MA 02116 -3973 Attention: Ms. Marie Rose, P.E. — Director of Project Management Subject: 100% Highway Design Submission Reading — Reconstruction of West Street Project File Number 601705 Project Manager — Filbert Yee Dear Mr. Broderick: Greenman Pedersen, Inc. (GPI) is pleased to submit for your review the 100% Design Package for the above referenced project. This Design Package includes the Highway Design Plans, Right -of -Way Plans and all supporting information as required by the most recent Design Submission Checklist. This submission includes four (4) full -size sets of Highway Design Plans including cross sections, seven (7) full -size sets of Highway Design Plans without cross sections, one (1) full -size set of Plans for the Police (Title, Construction and TMP Plans), three (3) full -size sets of Right -of -Way Plans, two (2) copies of the Horizontal Alignment Report, one (1) CD containing an electronic copy of the various deliverables (see below) and fifteen (15) CDs for distribution to the appropriate utilities. The one (1) CD contains electronic copies of the aforementioned 100% Highway Design Plans, Right -of -Way Plans, 100% Highway Design Review Checklist, Responses to 75% Comments, Special Provisions, Construction Cost Estimate and Backup, Horizontal Alignment Reports, Quantity Detail Sheets and a list of utility contacts for CD distribution. Also enclosed are MassDOT Comment Review plans from the 75% submission. Please do not hesitate to contact me directly at (978) 570 -2958 should you have any questions or require additional information. Sincerely, Geoffrey J. Howe, P.E. Vice President Enclosure C. George J. 7,ambouras, P.E. — Town Engineer - Town of Reading (w/Enclosure) 181 Ballardvale Street, Suite 202, Wilmington, MA 01887 Tel: (978) 570 -2999 Fax: (978) 658 -3044 www.gpinet,com qS3 An Equal Opportunity Employer Sol ddplbh 1W im IF 2013 MAP ! f PH 1: 05 Pi Ncffee th Pre.rnr Promos. Prm,ci Mystic Valley Tobacco Alcohol Program Malden, Medford, Melrose, Reading, Stoneham, Wakefield, Winchester Maureen Buzby 562 Main Street MVTAP Coordinator Melrose, MA 02176 Ph (781)- 979 -4158 Fax (781)- 979 -7696 mbuzby @cityofinelrose.org March 8, 2013 Dear Reading Retailers: As you know, the Reading Board of Health passed new tobacco regulations which became effective July 1, 2012. It is now illegal to sell electronic cigarettes or any other nicotine delivery products to minors and that these products must be behind the counter out of reach of your customers. As a part of the new nicotine delivery products portion of the regulation, you are required to post the enclosed sign in your store. The sign must be facing the customer and must be posted no higher than nine feet and no lower than four feet from the floor. This sign is in addition to other signs required by the state law: • "No Smoking" decal on the door • "It is illegal to sell tobacco products to anyone under 18" • "Cigars Are Not a Safe Alternative to Cigarettes or Smokeless Tobacco Products" (if you sell cigars) Also effective July 1, 2012, The Town of Reading requires all tobacco retailers to post the Massachusetts Department of Public Health Quit Line information sign which was provided to you during your last inspection. If you are missing any signs please feel free to contact me and I will supply all required signs. I have enclosed a copy of the current Massachusetts Department of Revenue Minimum Cigarette Price list. Charging at least the state minimum price is a condition of your local permit to sell tobacco products. It is your responsibility to stay abreast of the state minimum pricing, which can be found at http: / /www.mass. gov/ dor/ docs/ dor/ cigarette /i3dfs/ minimum- i3ricelist pdf Recent tobacco inspections revealed that all but one Reading retailer were in compliance with the July 1, 2012 blunt wrap ban. Thank you! As always we appreciate your cooperation in our efforts to reduce youth access to tobacco and nicotine delivery products. Please feel free to contact me if you have any questions. Sincerely, Maureen Buzby CC: Reading Board of Health Peter I. Hechenbleikner, Town Administrator Ruth Clay, Director of Health Department Jamie Cormier, Chief of Police Erica McNamara, Director of RCASA 43 k� �/c t3aS Schena, Paula From: Sent: To: Subject: Attachments: I/c Board of Selectmen Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Hechenbleikner, Peter Thursday, March 14, 2013 11:25 AM Schena, Paula FW: FiOS TV Notice G4 Customer Notice.pdf 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.readingma.gov email townmanager(@ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall. net /survey /sid /19ab55aed08fbc96/ From: Reddish, Jill M [ mailto :jill.m.reddish @verizon.com] Sent: Thursday, March 14, 2013 11:20 AM To: Reddish, Jill M; Frere, Mary Louise Subject: ROS TV Notice Dear Municipal Official: This is to inform you of upcoming programming related changes to Verizon's FiOS TV channel lineup as more fully described in the attached sample customer notice. On or after April 22, 2013, the content provider will replace the programming currently shown on G4 — channel 191, with Esquire TV programming and the format will expand from gaming and technology to include a wide variety of additional content, including entertainment, food, fashion, women, humor and travel. Customers can find the most current FiOS TV Channel Lineup, which displays the programs available at verizon.com /fiostvchannels. Sincerely, Jill Reddish FiOS TV- Sr. Staff Consultant Franchise Management 617 342 0558 Mary Lou Frere FiOS TV — Sr .Staff Consultant Franchise Management 617- 743 -4119 41� q Important HOS TV Programming Information Dear Valued Verizon Customer, At Verizon, we recognize that providing the most current MOS TV programming information goes a long way in delivering the best entertainment experience to our customers. That's why we want to notify you of upcoming changes to the FiOS TV channel lineup in your area. On or after April 22, 2013, the content provider will replace G4 programming on FiOS TV channel 191 with Esquire TV programming. • The content provider will discontinue G4 programming. This content will not be available on FiOS TV or through any other TV programming provider. • Esquire TV programming will feature gaming and technology and will also span a wide variety of additional content, including entertainment, food, fashion, women, humor and travel. You can find the most current ROS TV Channel Lineup, which displays the programs available to you, at verizon.com/fiostvchannels. We thank you for your business and look forward to continuing to provide you with the very best entertainment services. Sincerely, Your Verizon Team A NI FT44`00K AHEAD qL�