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HomeMy WebLinkAbout2013-04-09 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING APRIL 9, 2013 Tafoya, Arena, Bonazoli, Ensminger, West Hechenbleikner, LeLacheur 1) Move that the Board of Selectmen go into Executive Session to discuss strategy with respect to labor negotiations - health insurance, and for the approval of minutes, that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and that the Board will come back into Open Session at approximately 7:30 PM. BT JA JB DE MW 6b) Move to place the following name into nomination as Chairman of the Board of Selectmen: Move to close the nominations as Chairman of the Board of Selectmen. Move to place the following name into nomination as Vice Chairman of the Board of Selectmen: Move to close the nominations as Vice Chairman of the Board of Selectmen. Move to place the following name into nomination as Secretary of the Board of Selectmen: Move to close the nominations as Secretary of the Board of Selectmen. 6c) Move that the Board of Selectmen approve the Health Insurance Agreement with the Public Employee Committee (PEC) effective July 1, 2013 through June 30, 2014. 6e) Move that the Board of Selectmen close the public hearing on an application by Fit By Catarina, 335 Main Street for a license to operate a retail business between the hours of midnight and 6:00 am. Of Move 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 Fit By Catarina, 335 Main Street, 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 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 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. 6h) Move that the Board of Selectmen close the hearing on an application for an All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d /b /a Portland Pie Company, 54 Haven Street. Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d /b /a Portland Pie Company, 54 Haven Street Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d /b /a Portland Pie Company, 54 Haven Street for a term expiring December 31, 2013 subject to the following conditions: • All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager. 6i) Move that the Board of Seleetmen r-eeommend the subjeet matter- -of Ar-fiele 2 of the 2013 Annual Town Meeting WOFFORt. 0�_� Move that the Board of Selectmen recommend the subject matter of Article 4 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 5 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 6 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 8 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 9 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 10 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 11 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 12 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 13 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 14 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 15 of the 2013 Annual Town Meeting Warrant. C-3) Move that the Board of Selectmen recommend the subject matter of Article 16 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 17 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 18 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 19 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 20 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 21 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 22 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 23 of the 2013 Annual Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 24 of the 2013 Annual Town Meeting Warrant. 7a) Move that the Board of Selectmen approve the minutes of February 26, 2013 as amended. 7b) Move that the Board of Selectmen approve the minutes of March 5, 2013 as amended. 7c) Move that the Board of Selectmen approve the minutes of March 26, 2013 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. EO TOWN MANAGER'S REPORT Tuesday, April 09, 2013 Administrative matters ♦ On April 3 the RNR Chamber of Commerce honored a citizen of the Year from Reading — Dominick Rotondi, a Firefighter of the Year — Stephen Pelrine, and a Police Officer of the Year — Michelle Halloran. ♦ Pursuant to section 1.6 of the selectmen's policies, the agenda lists a series of Executive Session minutes of the Board of Selectmen that I have released and are now in the regular session meeting books and on the web site. "1.6 - Declassifying Confidential Executive Session Minutes In accordance with the provisions of the Open Meeting Law, Chapter 39, Section 23, the Town Manager, acting as clerk to the Board of Selectmen, will review approved confidential minutes of the Board of Selectmen's Executive Sessions on a regular basis. It is the intent of the Board of Selectmen to withhold minutes only for as long as the publication of the record would defeat the original purpose of a lawfully convened Executive Session. At least once a month, the Town Manager will review all approved minutes still in confidential status, and will release for publication those segments that need not be confidential any longer. This action will be part of a report on the "Routine Matters" of the Board of Selectmen's meeting agenda." ♦ The last day to register to vote for the upcoming elections o April 10th for the April 30th election o June 5th for the June 25th election Town Hall — Clerks office with be open until 8:00 PM on the days above. ♦ We are taking bids for the sale of the Lothrop Road property on April 10 at 10 am. We have sent out 17 bid packets. ♦ RMLD meeting of March 27 naming a new Interim General Manager Community Services ♦ The Town is hosting a Downtown discussion and tour for the North Suburban Planning Council on April 10. ♦ Reading was not successful in receiving a Massachusetts Downtown Initiative Technical Assistance grant for which we had applied. ♦ COA Volunteer appreciation dinner 2 -16 -13 at Parker Middle School ♦ Earth Day at the Mattera Cabin - April 27 Library • Children's Librarian Ashley Waring has accepted a two -year appointment to serve on the American Library Association Children's Services committee as a Liaison with National Organizations Serving Children and Youth. Congratulations Ashley! 4/9/2013 1 57 TOWN MANAGER'S REPORT Tuesday, April 09, 2013 Public Safety ♦ May 1 — RCASA Host Film Screening of Point of No Return 7 -9, Woburn Cinemas Public Works • Hopkins and Main Street intersection site visit. • Tree removal — Sturges Park • West Street: 100% design plans are complete, have been submitted to MassDOT • Poets corner work has resumed. The contractor has about a month's work ahead of them — a couple of spot repairs, 3 manholes to replace, one small section of under drain to install to an unplanned connection, and sewer service laterals. • Water Tower — Weston & Sampson has completed the draft contract. Still in discussion with cell companies on relocation of necessary equipment to enable project to go forward. • Electronics recycling permanent drop off location Upcoming events: April 22 — beginning of Annual Town Meeting April 27 — Earth Day Celebration at Mattera Cabin, 10 -2 April 30 - US Senate primary election May 1 — RCASA Host Film Screening of Point of No Return 7 -9, Woburn Cinemas June 15 — Friends and Family Day June 25 — Special Election — US Senate seat 4/9/2013 2 Electronics Recycling Anything with a plug! Permanent Drop -off Location DPW Facility — 75 Newcrossing Rd Monday — Friday - 7:30am to 2:30pm Saturday — 9: 00am to 12:00 noon J Desk top computers (no monitors) Lap top computers Speakers, wire, stereos Microwaves, toasters, toaster ovens Radios, battery operated toys Fax machines, calculators DVD, VHS player Keyboards I -Pods and games Battery Backups Any Lead acid batteries Small appliances, blenders, mixers Networking equipment Scanners N� �' Ao 1° a now On- Please note, TV's, CRT's and major appliances will not be accepted. As always, please call JRM (i 1 -800 -323 -4285 to dispose of these items properly. REMEMBER: IF IT HAS A PLUG OR RUNS ON BATTERIES, WE RECYCLE IT. In Partnership with All - American - Recycling, LLC Mice and computer peripherals °.V % Copiers /plotters /printers Q1� Cell phones/Telephones Humidifiers N� �' Ao 1° a now On- Please note, TV's, CRT's and major appliances will not be accepted. As always, please call JRM (i 1 -800 -323 -4285 to dispose of these items properly. REMEMBER: IF IT HAS A PLUG OR RUNS ON BATTERIES, WE RECYCLE IT. In Partnership with All - American - Recycling, LLC TRACKING OF LEGAL SERVICES - FY 2013 1�tim :n Hours I I Month Monthly Monthly Available Monthly Monthly Available Hours Hours Remainder 1 $ Remainder Allocated Used of Year Allocated Used of Year July 31.6 19.5 359.7 $4,583 $2,828 $52,168 August 31.6 35.8 323.9 $4,583 $5,191 $46,977 Septembei 31.6 26.2 297.7 $4,583 $3,798 $43,179 October 31.6 34.6 263.1 $4,583 $5,017 $38,162 November 31.6 28.7 234.4 $4,583 $4,162 $34,000 December 31.6 27.8 206.6 $4,583 $4,031 $29,969 January 31.6 47.9 158.7 $4,583 $6,076 $23,893 February 31.6 38.3 120.4 $4,583 $5,553 $18,340 March 31.6 120.4 $4,583 $18,340 April 31.6 120.4 $4,583 $18,340 May 31.6 120.4 $4,583 $18,340 June 31.6 120.4 $4,583 $18,340 Total 379.2 258.8 $54,996 $36,656 December bill included $594.50 for legal services re Macaroni Grille, which has bei reimbursed by Macaroni Grille 1�tim :n Tease join Reading ECder lYfuman Services as we honor our voCunteers VolunteerAppreciation Dinner Tuesday, April l6, 2013 5:30— 7:00pm ('Doors open at S: 00 pm) Parker9Yiddle School 45 Temple Street, Reading, 9YA Please R5TtP to ,bane Burns 6yApril5. (781 ) 942 -6658 or j6urns @ci. reading. ma. us 69 Schena, Paula From: Readingma_notes <reading ma_notes-bou nces@mm.wi nd igicert. com> on behalf of Reading Notes <reading ma_notes@mm.wi nd ig icert. com> Sent: Tuesday, April 09, 2013 3:11 PM To: readingma _notes @mm.windigicert.com Subject: Fwd: 2013 Memorial Day Observances Attachments: ATT00001.txt Memorial Day 2013 Information �•�'�ti � ^ .F-, -S �• �� "^,..'S � ^ Sri �• � S'�� � ^ J"'i �I The Town's Memorial Day Observances will be held on Monday, May 27, 2013. The ceremonies will begin at 9:00 AM. The beginning of the parade route will be at American Legion Post 62, 37 Ash Street, Reading, MA and we will begin forming at 8:30 AM. > The first service will be at Laurel Hill Cemetery at 9:15 AM; > The second service will be at Forest Glen Cemetery at 10:45 AM; > The third service will be at Charles Lawn Cemetery at 11.30AM; > The fourth and last service will be at Wood End Cemetery at 12.00 noon. The Memorial Day Committee would greatly appreciate your attendance at our services! In case of inclement weather, all observances will be held at American Legion Post 62 at 37 Ash Street Reading at 9:00 AM. We will keep you apprised of any further updates as we draw closer to Memorial Day. If you have any questions please call me at 781 - 942 -6652. Frank Driscoll Veterans' Service Officer Town of Reading 1 RMLD April 5, 2013 Reading Municipal Light Department RELIABLE POWER FOR GENERATIONS 230 Ash Street P.O. Box 150 Reading, MA 01867 -0250 Tel: (781) 944 -1340 Fax: (781) 942 -2409 Web: www.rmld.com Mr. Ben Tafoya, Vice Chairman Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Vice Chairman Tafoya: 2013 APR -8 An !a 51 At the June 8, 1998, RMLD Board meeting, the Board moved that with regard to transfers from the return on investment to the Town of Reading, a benchmark payment of $1,560,414 be established, and that in subsequent years the payment will be adjusted by the Consumer Price Index (CPI) for the previous calendar year. (See attached RMLD Board Minutes 6/8/98.) This motion was based on the recommendations of the Subcommittee for the Payment to the Town of Reading and the CAB. Attached also is a table showing the history of the payments since the formula was approved. The Boston Region (Boston - Brockton- Nashua) CPI for the calendar year 2012 is 1.58% as shown on the attached tables. The increase results in a FY2014 Reading town payment of $2,301,221, which is $35,794 more than the FY2013 payment of $2,265,427. The first payment to the Town of Reading will be paid in July 2013, and the second payment will be paid in December 2013. Note: The formula used to calculate the percentage is as follows: 2012 CPI = (247.733/243.881) = 1.58% If you have any questions or comments, please contact me at 781 - 942 -6407. Sincerely, f-- Ke 'n Sulh an Interim General Manager Attachments cc: Peter Hechenbleikner, Reading Town Manager Robert Fournier, Accounting/Business Manager l °% Reading Municipal Light Board Regular Session Minutes Meeting Location: 230 Ash Street, Reading, MA 01867 June 8, 1998 Start Time of Regular Session: 7:37 p.m. End Time of Regular Session: 10:35 p.m. Attendees: Commissioners: Messrs. Pacino, Ames, Hughes, Burditt, and Swyter RMLD Staff: Messrs. Rucker, Cameron, Blomley, Benson, Ms. Brennick and Ms. Cavagnaro Others: Mr. John Corbett from CAB Minutes of May l 8, 1998 Moved that the RMLD accept the Regular Session minutes of May 18, 1998 on the recommendation of Mr. Burditt, with the following amendment: Regular Session Meeting Minutes should note the return to Regular Session before Adjournment. Motion carried 5:0 2. Report of the Chairman of the Board Mr. Pacino reported on the CAB/RMLD /Selectmen subcommittee meeting. Action Items a. Board Sub - Committee Transfer Payments to Town of Reading With regard to transfers from unappropriated earned surplus to the Town of Reading by the Board, moved that there be established a benchmark payment of $1,560,414 for calendar 1998; and that in subsequent years the payment will be changed by the consumers price index for the previous year; and that either the Light Board, or the Citizens Advisory Board through the Light Board, may ask that a committee be convened to review this payment at any time. On the suggestion of CAB it was agreed to replace "increased" with "changed ". Mr. Burditt moved; Mr. Ames seconded. Motion carried 5:0. b. Unplanned Community Organizations/Events Sponsorships Moved that the General Manager be authorized to establish an Unplanned Community Organizations /Events Sponsorship Program to further establish name recognition of RMLD, as well as the enhancement of the public's perception of the utility's involvement in the community. The General Manager will be authorized to administer this program within budget constraints and the June 1, 1998 "Unplanned Community Organizations/Events sponsorships" document to achieve the objectives of the program. Mr. Burditt moved; Mr. Ames seconded. Motion carried 4:1 (with Mr. Swyter against) 1"Z C. All- dielectric, self- supporting aerial optical fiber cable Moved that bid 5- 19 -98 -1 for all- dielectric, self - supporting aerial optical fiber cable be awarded to Arthur Hurley Company for the total net cost of $42,705 as the lowest qualified bidder on the recommendation of the General Manager and Staff. Mr. Burditt moved; Mr. Ames seconded. Motion carried 5:0. Per an agreement with the Town of Reading, 5,335 feet of 24 optical fiber cable at a bid cost of $4,908.20 is being purchased by the RMLD through this bid specifications. The Town will fully reimburse to the RMLD for $4,908.20. Moved that bid 5- 19 -98 -1 for all - dielectric, self - supporting aerial optical fiber cable be awarded to Arthur Hurley Company for the total net cost of $4,908.20 as the lowest qualified bidder on the recommendation of the General Manager and Staff. Mr. Burditt moved; Mr. Ames seconded. Motion carried 5:0. 4. Presentations a. Thursday Evenings Extended Hours For Customers Lori Cavagnaro made a presentation on this pilot program regarding the RMLD's customer usage and whether it should be continued when it ends in July though no action was required by the Board at this time. Discussion ensued regarding other payment venues that currently exist for RMLD customers as well as the future direction of payments via electronic methods. 5. General Manager's Report Mr. Pacino congratulated Sharon Staz on her new position as General Manager of Kennebunk, Maine. Mr. Rucker discussed the status of talks with RMLD abutters about extending "Enterprise Way ". 6. Board Discussion a. Restructuring: a working session meeting was set for Wednesday, 6/17/98 at 7:00 p.m. with a 2 -hour limit in the GM Conference Room. Computerization of Board: Mr. Pacino recommended that Mr. Swyter and himself be appointed to set up a subcommittee; the Board agreed. b. New Discussion Items 13 7. Inlormatiott ltems Mr. Swyter noted that the load was incrcasinu. Mr. l:ucker stated that both the load and peals are increasint_, because the I l \4LD is no longer controllinL, the peaks in the new de- cornolled system. It was found that coutralling the peals adversely affects our revenues. B. Executive Session At 9:25 pm moved that the Beard go into Executive Session for the limpose of considerirtc the: purchase, exchange, lease or value; of real property, and to discuss strategy with respect to liti-ation, then return to kegular Session for the: sole purpose of ad.lourrtiub. Mi. Burditt moved! Ames seconded. Motion carried by a poll of the Board Members 5:0 . Mi. Ames, Ayc. Mr. Hughes, Aye. h4r. Pacino, Aye. J\41. Burditt, Aye. Mr. Swyter, Aye. The Board returned to Regular Session. The. date of the next Regular Businress meeting was set for Monday, June 22, 1998. 9. Motion to Adjourn h4r. Burditt moved; Mr. Ames seconded. h /lotion carried 5:0. Moved that the Board return to Regular Session for the sole purpose of adiourninu. Mr. Burditt moved; Mr. knies seconded. Motion carried 5:0. A true copy of the RMLD Board of Commissioners minutes as approved by a majority of the Board. Willal'd .1. Btll'dttt Secretary, P.MLD Board of Commissioners. 4/3/2013 11:49 AM History of Payments to the Town of Re ding Since 1998 % Year Calendar Year CPI Change Paid Payment 1997 167.9 1998 171.1 2.26% FY99 1,560,414 1999 176.0 2.50% FY00 1,595,680 2000 183.6 4.32% FY01 1,635,572 2001 191.5 4.30% FY02 1,706,229 2002 196.5 2.61% FY03 1,779,597 2003 203.9 3.77% FY04 1,826,062 2004 209.5 2.75% FY05 1,894,829 2005 216.4 3.29% FY06 1,946,870 2006 223.1 3.10% FY07 2,010,991 2007 227.409 1.9% FY08 2,073,332 2008 235.37 3.5% FY09 2,112,725 2009 233.778 -0.68% FY10 2,186,670 2010 237.446 1.57% FY11 2,171,880 2011 243.881 2.70% FY12 2,205,957 2012 247.733 1.58% FY13 2,265,427 FY14 2,301,221 TOTAL $31,273,457 01 Bureau of Labor Statistics Data Page 1 of 2 At) Z Inch* I FAQs I Abcct B S 1 Contact US Subscribe to E -mail Updates ®' Follow Us _,) I What's New I Release Calendar I Site Map Search BLS.gov Q Home I Subject Areas I Databases & Tools I Publications I Economic Releases I Beta Databases, Tables & Calculators by Subject Change Output Options: From [� E To mai QD Finclude graphs Data extracted on: April 4, 2013 (1:40:55 PM) Consumer Price Index - All Urban Consumers Series Id: C7USA.103SAG Net Seas,nally Adjusted Area: Boston- Brockton - Nashua, MA.- NH- %1E -CT Item. Ali itens Base Period: 1982 -84 =100 Download: FONT SIZE 0 More Formatting Optionswjo. Year ]an Feb - Mar Apr j May ;. Jun j Jul Aug ISep HALF1`HALF2 iOct Nov Dec!Annual(HALFi LHALF2 2003 199.8 02 04 208.4 202.8 208.7 _ ( 202.3 208.71 T 203.0 208.9 2005r 14}� 2.6 206.8 209.8 _. _ I 206.5 203 9 - i 211.7 -- 209 5 2019 205.9 208.6 210.3 2005, 211.3 214.2 21461y 217.2 3.6 08 6 3 220.1 218.6 2164 2139 2189} 2006 ' 220.5 221.3 ,- 222.9 225.1 .,.., 0.8 1.8 224.5 223.1 223.1 222.0 224.2 2007 224.432 226.427 '. 226.2471 226.929 2012 2.51 1.81 227.850 08 230.689 1.7j 2.0' 227.409 ' 2� 25910 228.9091 2008 231.980 ' 233 084 235.344' 241.258 238.519 232.354 235.370' 234.239 236.5021 2009,_230.806 232 155 - 231.891 _ 233.018 236 596 236.589 T 233.778 231.802 235.754 2010: 237.266 - - 237.986 ! 23 08 83 -� -- 236.132 -,_ 1 236.474 238.103 237.446 L 237.683 237.209 2011 239.814 242.787 244.5741 244.256 _ _ 245 310 245.030 -_�..L 243 881 ' 242.761 1 245.001 ' 2012, 245.891 247.166 246.582 y 246.326 1 249 488 249.929 247.733 ; 246.5831.248.883 12 -Month Percent Change Series Id: CUU3A103SAO Nc`t SeasOnaily Adjusted Area: 3ost on- Srcckton- Nashua, MA- NH -ME -CT Item: Ail itens Base Period: 1982 -84 =160 Download:rg ,xls Year ]an Feb'Mar Apr! May: Jun iJul �Aug Sep Od Nov'DeciAnnual HALF1`HALF2 Y 2003 3.6 4.2 j 2004 3 2.9 r- 4 4.3 -- --`- ( 3.9 3.2 -- 3.7 29' Location Quotient ( 3.9 ± i 3.0 ( 1.5 2 5+ - - 3.81 : 3.9 3.6 2 7 3.3 2.1 ._ _2.7 2005r 14}� 2.6 2.8� 4014 Find Its DOL 4.9 �3.3 33 2.5' 4.1 2006 4.4 3.3; 2007r 1.8 2.3 200$ 3�4 2.9 3.91 1.5, ` 4 0 3.6 08 6 3 2.0! 2.1 151 -- 34 O> 7 3.1! 3.81 2.4 19 1.8 2.1 3 _ 12009 05 0.4 1.5; 34 _ __..7 .,.., 0.8 1.8 3.51 1. 3.3 2010 28; 2.5, _ '2011 11: 2.01 2.7� r 2.7 � 13 34 O1 06 � -� r -3.7 -071 -1.0 -0_.3 16 2.5 0.6 -�. -. 1 21 2.1- 3.3 2012 2.51 1.81 i 0.8, 08 1.7j 2.0' 1.6, 1.6 TOOLS CALCULATORS HELP INFO Areas at a Glance Inrlat on Help & Tutorials_ UVhat's New Industries at a Glance Location Quotient FAQs Careers !a BLS Economic Releases Injury And Illness G'ossary Find Its DOL Databases & Tables About BLS Join our Mailing I_ sis http://data.bls.gov/pdq/SurveyOutputServlet RESOURCES Inspector General (OIG) Budget and Performance No Fear Act USA gov C( 4/4/20 3 V ni BOSTON REGION METROPOLITAN PLANNING ORGANIZATION_ Richard A. Davey, MassDOT Secretary and CEO and MPO Chairman Karl H. Quackenbush, Executive Director, MPO Staff April 5, 2013 The Honorable Therese Murray Senate President Suite 332 and The Honorable Robert A. DeLeo Speaker of the House Suite 356 State House Boston, MA 02133 Dear President Murray and Speaker DeLeo: The Boston Region Metropolitan Planning Organization (MPO) is the entity responsible, under federal law, for deciding which transportation projects receive federal funds in the Greater Boston region. The MPO comprises 22 members, including local, regional, and state officials. In discharging its responsibilities, the MPO is acutely aware of the staggering shortfall in available federal and state funding in light of the Boston region's (and the Commonwealth's) enormous transportation needs. We are frequently forced to delay worthy projects because of a shortage of federal funds or a lack of state matching funds. Currently, Massachusetts is struggling simply to maintain the existing system (highway and transit) and, frankly, we are often losing the struggle. We believe that Governor Patrick accurately identified a need of approximately $1 billion per year to maintain a "state of good repair" in the current system, and to undertake prudent and modest expansions in order to spur economic development. This amount is consistent with the findings of the Transportation Finance Commission in 2007. Numerous organizations have studied the need, and no credible authority has found a need lower than $800 million per year. The lack of funding affects everyone in the Commonwealth, impedes economic growth, and threatens public safety on our bridges, tunnels, roadways, and rails. The MPO thanks the leaders in both branches for recognizing the needs facing the Commonwealth's transportation system and for filing legislation that would State Transportation Building - Ton I- J,,irk Plaza, :quite 2,150 - Poston, MA 02116 -3968 Tel. (6,17) 073-7100 a Fox (6W) 973• -8855 • TTY (617) 973--7089 n www.bo.,;toii(iipo.org �01 Murray and DeLeo 2 April 5, 2013 begin to address these needs through the raising of new revenue and the reallocation of existing funds. Respectfully, we ask you to consider augmenting these resources more fully to address the very real needs that face the Commonwealth in the transportation field. While the current bill addresses some of our system's problems in the short term, it does not provide enough funding to sustain the Commonwealth's transportation system over the long term, especially in the area of capital investments to maintain a "state of good repair" and to expand services in a prudent and responsible manner. We are concerned that significant increases in transit fares, road and bridge tolls, and Registry fees would be needed after just a year or two, in excess of reasonable and predictable adjustments. These burdens would fall heavily on a limited number of the state's residents, especially on those who use transit, the MassPike, and the harbor bridges and tunnels. Efforts to address the aging infrastructure of the MBTA, especially the need for new rolling stock, as well as capital projects to major roadway intersections, would be postponed. If state funding is inadequate, MPOs will be asked to pick up the pieces with federal funds — but this is an impossible task, especially if federally- mandated state matching funds are not available. Even if federal transportation dollars are level funded (an optimistic scenario given the current mood in Washington DC), these dollars will not be able to fund all qualified and needed projects. Therefore, the Boston Region MPO respectfully asks the Legislature to continue to seek revenue sources that will yield funding levels close to those proposed by Governor Patrick. We stand ready to work with you to address this critically important matter, and we thank you for your leadership and commitment on this issue. Yours truly, DavlN6 Johler, Chair DJM /PW /pw cc: Municipal chief elected officials in the Boston Region MPO area SELECTMEN'S LIAISONASSIGNMENTS — FY13 Accounting Department Community Services Department ➢ Board of Appeals ➢ Cities for Climate Protection Program Committee ➢ Community Planning and Development Commission / MAPC Tafo a ➢ Conservation Commission Arena ➢ Economic Development Committee Arena ➢ Fall Street Faire Committee Tafo a ➢ Historical Commission ➢ Board of Health Tafo a ➢ Constable ➢ Council on Aging / Mystic Valley Elder Services Arena Finance Department ➢ Board of Registrars ➢ Trust Fund Commissioners ➢ Board of Assessors ➢ Finance Committee Arena Housing Authority Bonazoli Library Department Tafoya ➢ Cultural Council Department of Public Safety Bonazoli ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fire Department Department of Public Works ➢ Board of Cemetery Trustees MWRA ➢ Trails Committee ➢ Town Forest Committee ➢ Recreation Committee Reading Municipal Light Department Bonazoli School Department Arena �bv Schena, Paula ppm: Hechenbleikner, Peter fit: Tuesday, February 26, 2013 9:42 AM To: Schena, Paula Subject: FK 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 townmanagerCcb-ci. reading. ma. us Please let us know how we are doing -fill. out our brief customer service survey at http://readingma- survev virtualtownhall. net/survey /sid /19ab55aed08fbc96/ Om: Cortnier, Jim ne 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 JCormierO.ci.readinp.ma.us 781 -944 -1212 FBINAA 233 On Feb 25, 2013, at 11:41 AM, " Hechenbleikner, Peter" <phechenbleiknerOci.reading ma.us> wrote: Any comments /suggestions /questions ?. Peter I. Hechenbleikner Town Manager Town of Reading 1 Schena, Paula Hechenbleikner, Peter Ant: Wednesday, March 06, 2013 9:05 AM To' : Schena, Paula Subject: FW. Hours of operation 0 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.reedingma.ctov email townmanager ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readin4ma- survev virtualtownhall net /survey /sid /19ab55aed08fbc96/ :I't: Delios, Jean .-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. Delios Community Services Director/Town Planner Town of Reading 16 Lowell Street Reading, MA 01867 -2685 (P) _781 -942 -6612 ' (F) X81 -942 -9071 Town Hall Hours as of .Tune 7, 2010 M, 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.readinMna.gov http: / /readingma- CeO 6e(v From: Hechenbleikner, Peter Sent: Monday, February 25, 2013 11:41 AM To: Cormier, Jim; Delios, Jean; Clay, Ruth abject: 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 Hail 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 managerO-ci. reading. ma. us Please let us know how we are doing - fill out'our brief customer service survey at htto:Hreadingma- survgy.virtualtown hall. net /survey /sid /19ab55aed08fbc96/ From: catarina@)fi%Lcatarina.com rmaiito:catarina @ fitbycatarina.coml Sent: Monday, February 25, 2013 11:32 AM To: Hechenbleikner, Peter �bject: 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 concern, 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 tarina Cipriani SM CERTIFIED PERSONAL TRAINER P90X CERTIFIED TRAINER 2v (,e7 INSANITY CERTIFIED TRAINER MMA CERTIFIED CONDITIONING COACH FIT By CATARINA -- - - - - -- Original Message -- - - - - -- Subject: Hours of operation From: "Hechenbleikner, Peter" < phechenbieikner (&ci. reading. ma.us> Date: Thu, February 21, 2013 2:03 pm To: " 'Catarina(cbFitbyCatarina.com'" <Catarina(aFitbyCatarina.com> 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. Y .7.3Innholders . r the purposes of this bylaw, facilities operated by Innholders shall include, but not be limited to: an inn; hotel, otel, 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 3 ��� 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 ' I. the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public pcessity 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 retluire 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. Jn general, approval shall be for the entire business. For. example, if .a business dispenses asoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 4 rq) ("eq 3 4 7. Q 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 r a license. This will need to be renewed annually. he 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. i. 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. Hechenbieikner Town Manager 'Kfwn of Reading 4 eLowell Street adinci 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 townmanagerCa.ci. reading. ma. us Please let us know how we are-doing -fill out our brief customer service survey at http://readinama- survey.virtualtownhall..net /survey /sid /19ab55aed08fbc96/ Table of Contents Introduction....................................................................... ............................... 4 Background....................................................................... ............................... 4 ReadingHousing Trust Fund ............................................... ............................... 5 Questions for Consideration ................................................ ............................... 5 Affordable Housing Trust Fund Options ................................ ............................... 6 Recommendations.............................................................. ............................... 7 MGLc. 44 § 65C .................................................................. ............................... 8 Comparing Reading Trust to MGL c. 44 § 55C trust ................. ............................... 9 TrustPowers & Use of Funds ............................................... ............................... 9 FundingSources ................................................................ ............................... 10 TrustActivities ................................................................... ............................... 11 Appendix A — MGL c. 44 § 55C statute ................................... ............................... 12 Appendix B — Town of Sudbury Declaration of Trust ............... ............................... 17 Appendix C — Town of Marblehead Town Meeting Warrant language ........................ 23 3 �R ens Introduction l This is a Report on affordable housing trust funds (AHTF). It reviews the current situation of the Reading AHTF and issues related to its structure and activities. The report presents a number of questions that Reading should consider as it analyzes what actions to take relative to the Trust. It also presents a series of options for consideration by the town in deciding how to move forward with a Trust. Subsequent to Reading adopting a special act to create the Trust in 2001, the state adopted legislation (MGL c. 44 § 55C) that allows for the creation of trusts by all cities and towns. That legislation gave broad powers and directions to local trusts adopted under this section of state law. As a result many communities, including communities with previous special acts, have adopted new trusts. The Report compares the existing Reading trust to the provisions of the state legislation. The Report also presents a series of options for Reading's consideration related to the future of the Trust's organization and actions. Information on possible revenue sources and potential uses of trust funds is offered. Based on the information provided, a number of recommendations are made for Reading's consideration. The Appendices include the language from MGL c. 44 § 55C as well as examples of town meeting'warrant articles and declaration of trust documents from communities that adopted an AHTF under that chapter of state law. `_ Background Housing trust funds are established to receive funding without reliance on annual budget allocations in order to support the proactive preservation and production of affordable housing. Likewise trust funds can provide resources to monitor the future compliance of affordable housing over a restricted period of affordability. In 2001 the Reading Town Meeting passed a warrant article which authorized the Selectmen to petition the Massachusetts General Court to establish an Affordable Housing Trust Fund for creation and preservation of affordable housing. The State legislature approved the special legislation. The Board of Selectmen act as the Trustees of the Trust. n D "FY In 2005 the Governor signed into law M.G.L. Chapter 44 Section 55C enabling cities and towns to create a Municipal Affordable Housing Trust Fund without a special act of the legislature. Since then more than 90 communities have ratified by local vote the creation of an AHTF. The enabling legislation under M.G.L. Chapter 44, Section 55C allows communities to establish Trusts that provide a comprehensive capacity to preserve, create, and monitor affordable housing. Cities and towns that formed Trusts of their own design prior to this legislation have encountered complications and limits absent under the broader abilities in the state statute. Such complications are in fact the reason the legislature passed its new law. The following list outlines some issues that have been identified related to the Affordable Housing Trust Fund (AHTF) operating in Reading: ➢ The current AHTF requires that the Trust (Board of Selectmen) submit an allocation plan to town meeting each year. That allocation plan must indicate how funds from the Trust will be expended over the next year and how the funds were actually expended over the past year. ➢ Town meeting must vote to approve the allocation plan. The plan can only be amended by town meeting. The requirement that town meeting must approve expenditures restricts the ability of the Trust to act quickly in a situation where such action could result in the preservation and/or creation of affordable housing. ➢ The AHTF requires a majority vote of the full combined membership of both the Board of Selectmen and the Housing Authority for any expenditure. Under MGL Chapter 44 §55C, only a majority vote of the AHTF Trustees is required for expenditures, a less cumbersome process. ➢ The current Trust is not in conformity with state statute and does not provide both the broad powers of the statute and the explicit actions that the Trust may take which are also listed in the statute. This situation may present complications for the use of the Reading AHTF in certain circumstances. ➢ The current Trust has no provisions for identifying who the trustees are, how they are appointed, the terms of office or similar requirements. In the process of analyzing the potential options for Reading to consider, there some questions that the answers to would assist the town in deciding its course of action. Questions to ponder include: ➢ Is any trust, or the currently structured Trust, an effective tool for addressing affordable housing issues? Should there be a Reading trust? 5 ➢ If a trust should be a part of Reading's actions regarding affordable housing, is the current special act structure outdated? Should Reading adopt a new trust under MGL c.44 §55C to provide more flexibility as well as additional powers and an expanded legal framework? ➢ What type of trust best suits Reading? a) a relatively passive one that awaits opportunities for funding and projects to aid; b) a funding body that seeks both revenues and identifies specific funding programs for which it solicits applications /proposals; c) an active initiator of actions to identify and solicit funding sources. as well as one that initiates projects and proposals; d) a trust that concentrates only on assisting-the production and preservation of affordable units, rather than on non - capital oriented programs. ➢ Prior to adopting specific guidelines and applications forms for use of trust money, the town must decide from a policy perspective what the specific uses are for which someone could request money. What are the priorities of the town in this matter? ➢ Without some regular or semi - regular revenue sources, it would be difficult to have any long term programs. However, would Reading consider some short term programs, such as a 2 -3 year availability of funds for home buying assistance, as an example? ➢ What staffing resources can be used to assist a trust in accomplishing its mission? How should the "administrative money" be best used for Trust purposes? ➢ Does the potential creation of a regional housing resource collaborator, currently being studied by Reading and surrounding communities, shape the discussion of what type of trust Reading should have? ➢ With Reading about to adopt a Housing Production Plan, what specific tasks, if any, should the trust have responsibility -for in carrying out the strategies identified in that Plan? ➢ Given all of the provisions of MGL c. 44 §55C and the fact that the existing Reading special act trust does not include most of those provisions, would it be prudent to have a legal review of the Reading structure? AHTF Options There are numerous options for how Reading could proceed in deciding what, if any, changes should be made to the current structure and activity of the AHTF. Possible options include: ➢ Status quo: Keep the existing special act structure and activities. Await opportunities to either receive funding from unknown sources or to use the existing assets in support of specific requests for project aid. Continue to file a generic allocation plan each year with town meeting ➢ Status quo modified: Retain the existing special act structure but develop a detailed plan of action to both actively seek funding sources and to identify what specific purposes for which the trust finds could be used. Actively recruit organizations, developers etc., 6 0 6�7 depending on the actions identified, to apply in a defined application process for the money that will be offered in a particular year. ➢ Rescind the Reading Trust: Decide that this mechanism to support affordable housing in Reading is not the most effective tool to use. Request that town meeting rescind the Trust. The funds currently assigned to the Trust would have to be allocated in a manner that supports the original purposes of those funds. ➢ Adopt MGL C. 44 U513: Request that Town Meeting adopt a new Trust structure and organization based on the provisions of this section of state law. Use this process to identify the specific purposes for this new Reading AHTF, the responsibilities it would be assigned and the organizational structure, including trustees and staff support, of the new Trust. The town would file a Declaration of Trust with the Registry of Deeds as required by the legislation. At a minimum this would preclude the need to submit an allocation plan to town meeting every year. Recommendations Based on the information collected and analyzed, discussions with Reading staff, interviews with officials from other towns that have AHTFs and literature review, the following recommendations are made for the town's consideration: ➢ The town should adopt a new AHTF under MGL c. 44 § 55C. A new Trust under this legislation addresses some of the on -going issues that Reading has identified with its existing special act. It also provides a broad array of powers that the town can chose from while specifically identifying procedures that should be adhered to by the trustees. The required Declaration of Trust would ensure that Reading's structure had specific information as to who the trustees are, what powers they have, their terms of office, how they are appointed, how they operate etc. (most of this information is not currently included in Reading's special act.) ➢ The town should identify specifically what the role of the Trust is to be going forward. How active should it be? What specific tasks -should it take on? A one to five year work plan /plan of action should be .developed. ➢ The town should consider the results of the on -going study for a regional housing coordinator. If that position is created, then Reading should decide how best to use that resource to assist the Trustees in identifying their work plan as well as implementing recommendations from that work plan. ➢ The town should identify where it wants to focus trust resources — on project related proposals or for other activities, such as home buyer assistance or housing rehabilitation, for example. Given the lack of regular revenue sources, it may be practical to retain the assets for the opportunity to preserve and /or create new affordable units as being the most effective use of those assets. ➢ Given the limited resources in the Trust, the town should actively seek out partners with which to combine forces in the preservation and /or production of units, or the establishment of affordable housing restrictions on units where that opportunity arises. 7 (9 L 0�--g ➢ The new Housing Production Plan should be used to inform the Trust in developing a work plan and prioritizing actions to be taken by the Trust. In 2005, the Legislature adopted and the Governor Patrick signed, the "Municipal Housing Trust Fund" act which provided that cities and towns in the Commonwealth could adopt local affordable housing trusts. Prior to that date, a number of communities, including Reading, had requested.and received approval of a special act from the State legislature to allow the creation of local affordable housing trusts. Some important provisions of the Act include: ➢ It allows communities to collect funds for housing purposes ➢ It allows those funds to be segregated from the general budget into, an affordable housing trust fund ➢ It allows communities to use those funds without going back to town meeting for approval ➢ It enables communities to own and manage real estate, not just receive and disburse funds This Act simplified the process of establishing such trust funds and provides guidelines on what local trusts can do. It contains some minimum requirements which must be satisfied. However, it does allow towns to vary some of its provisions. Thos provisions include: Trustees: The Act requires a minimum of five (5) trustees. The town has the option to increase the number of trustees. The town can also decide what the quorum should be (majority of the membership; majority of those present at a meeting etc.) ➢ Composition: The Act states that the trustees shall be appointed and confirmed by the Board of Selectmen and that one of the trustees must be a member of the Board of selectmen.. While some towns do not spell out who should be on the trustees, other towns have designated seats for additional Board of Selectmen, planning board members, housing authority members or other designated_ groups and /or at -large seats ➢ Powers: The powers in the Act are quite broad. Those powers can be modified or limited. Some communities adopt the powers of the Act without changes while others have imposed limits on the amount of money borrowed, or the selling of real estate without the approval of the Board of Selectmen and /or town meeting. Other towns have required a super majority vote (2/3) of the trustees for certain actions (such as sale, lease, or purchase of property). If a town adopts the provisions of MGL c. 44§ 55C than it must also adopt a Declaration of Trust that includes the purposes of the trust; appointment, powers, meetings and tenure of the H.* 3 � � F? trustees; the acts of the trustees; liability; amendments; accounts; duration of the trust; trust certificates; and other necessary elements of the bylaws for the trust. This Declaration of Trust must be recorded at the Registry of Deeds. Issue Readim AHTF MGL c. 44 555C Term of office No reference 2 years Annual report to Town Required No requirement Meeting Annual allocation plan Required No requirement approved by town meeting Expenditures Requires majority vote of full Expenditures made by AHTF combined membership of board of trustees unless Board of Selectmen & modified by town Housing Authority Annual audit No reference Required Membership Not specified Minimum of 5 members, appointed & confirmed by Bd. of S. One member must be from Bd. of S. Town Manager as ex- officio or Not allowed Allowed can appoi nt designee Powers Limited to 4 powers specified Broad powers (16 powers in the special act listed One of the reasons for the Legislature to adopt, and the Governor to sign, this legislation was to allow for flexibility as to how communities could use their revenues to further affordable housing goals. In addition to the powers listed below, a community may grant the trustees additional powers through the Declaration of Trust. The Act allows communities to take actions such as the following: ➢ To accept and receive real property, personal property or money by gift, grant, contribution, devise or transfer ➢ To purchase and retain real or personal property ➢ To sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract and to make such contracts ➢ To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases etc. for the purposes of the trust ➢ To employ advisors and agents 9 V � Glu ➢ To pay compensation and expenses to advisors and agents ➢ To apportion receipts and charges between incomes and principal, to amortize premiums and to establish sinking funds for such purposes and to create reserves ➢ To participate in any reorganization, recapitalization, merger or similar transactions; to consent to any contract, lease, mortgage purchase or sale of property ➢ To borrow money ➢ To defend, release, settle or otherwise adjust claims against the trust ➢ To manage and improve real property ➢ To extend the time for payment of any obligation of the trust Revenues & Expenditure of Funds - It is important to note that moneys paid to the trust shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. Revenues paid into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year remain trust property. Funding Sources Most, but not all, communities that have adopted trust funds have some type of dedicated revenue source(s) to cant' out the purposes of the trust. However, a variety of both dedicated and one -time revenue sources have been used throughout the state. Examples of these sources include: ➢ Community Preservation Act — This is the most consistent source of dedicated funds used for housing trust funds. The trustees in those communities that have adopted CPA often make an annual request for some amount of those funds. ➢ Inclusionary Zoning — Municipalities that adopt inclusionary zoning often allow for the payment of cash in lieu of construction of affordable units. Those cash payments can be designated by the bylaw for payment into the affordable housing trust. In addition a few communities also allow for the donation of land to the trust in lieu, of construction. ➢ Town allocation: In a number of cities and towns, there has been an allocation of funds from the general budget to the AHTF ➢ Negotiated payments — Communities have negotiated with developers of both residential and commercial developments for community benefit contributions. In some instances those contributions have been cash payments to the trust. Depending on the circumstances, it could also be the case that such donations consisted of land and /or existing dwelling units. ➢ 40R payments- Towns can use designated payments received from the state for the approval of 40R Smart Growth Districts in the community. ➢ Sale of tax title property — Municipalities can designate that the proceeds from the sale of tax title properties be placed in the-trust fund. ➢ Special zoning incentive provisions — A number of communities have special provisions in their zoning bylaws that allow for a bonus in development in exchange for contributions to the trust fund. Examples include allowing an in -fill housing unit on an undersized lot; allowing for more than one house per lot; allowing for accessory units; or other similar provisions all in exchange for contributions to the trust fund. ➢ Cell tower payments — Communities have designated that some of the lease payments for cell towers on town property be designated for the trust fund. 10 0 1,Pt 1 ➢ Resale of affordable units as market rate units —If an affordable unit is unable to be sold at the affordable rate, then the difference in proceeds between the affordable and market price is designated for the trust fund. ➢ Lottery /resale administration — The trust can act as a lottery/resale agent for affordable units and create revenue from developers willing to pay for this service. ➢ Private fund raising — Private fund raising campaigns have been proposed in some communities. There are undoubtedly other potential sources of revenue. If Reading decides that one course of action is to adopt a plan of action that increases the resources of its Trust, it should identify those potential revenue sources most likely to be viable in the town. Trust Activities Trusts are used for a wide variety of activities related to the preservation and/ creation of affordable housing and affordable housing opportunities. Examples of these activities include: ➢ Purchase of land ➢ Acquisition of town or other publicly owned land ➢ Acquisition of land through tax title actions ➢ Purchase of existing dwelling units to restrict for affordable housing use ➢ Purchase affordable housing restrictions on private housing units, including new developments ➢ Provide first time home buyer down payment/closing cost assistance (loans and /or grants) for Iow.and moderate income individuals ➢ Provide financial assistance to low and moderate income renters (loans /grants for 1St /last month's rent and security deposit) ➢ Provide financing assistance to housing developers to write down the cost of some units or to provide additional affordable units. ➢ Provide rehab grants /loans to homeowners or property owners with a requirement that an affordable housing restriction be placed on the unit ➢ Provide foreclosure prevention assistance through short term loans ➢ Advocate for affordable housing actions, based on town's Master Plan or Housing Production Plan ➢ Administer affordable housing lotteries and affordable housing unit agreements for housing developers ➢ Fund a local share for a regional housing services staff person who would carry out a number of affordable housing activities (Note: Reading currently has a grant to study the creation of a regional housing coordinator with a number of surrounding communities.) 11 (9 L, � I 7V, TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Wednesday, April 03, 2013 Re: USPO - Reading On Friday, March 1 1 met with Postmaster Jeannie O'Brien and USPS Real Estate Specialist Joseph Mulvey at the Reading Post Office, 136 Haven Street. Following discussion, I was given a tour of the facility. Mr. Mulvey reiterated previous information indicating that the USPS feels that the Reading Post Office is larger than the USPS needs for this location. They intent to move the mail sorting and distribution functions to surplus space on Washington Street in Woburn, and then to offer the Reading site for sale. Once they have a buyer for the existing. Reading Post Office they will then look for space in Downtown Reading for a new Post Office retail operation of approximately 1400 square feet, which could be a part of the current building on a lease -back basis, or it could be a lease of a different site. The process of selling the existing building is a multiple step process. There is no priority for selling to a local government. Mr. Mulvey and Ms. O'Brien will be at the Selectmen's meeting to discuss with the Board of Selectmen the steps in moving forward on the process by which this site would be offered for sale. Mr. Mulvey indicated, and I have confirmed with the Reading Historical Commission, that this site is not on the State or National Registers of Historic Places. It is on the Reading List of Historic Structures. • Panc 1 S'Ccto, 4 y t-•• Facilities Implementation t% t VC UMITEDSTdTES L iCLt IPOSTAL SERVICE March 1, 2013 The Honorable Peter I. Hechenbieikner Town Manager, Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: 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 mall 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. I Sincerely, f oseph J. Y- Real E a-Speciaiist 2 Congress Street, Room 8 Milford, MA 01757 .� 3� � LEGAL NOTICE . TOWN OF READING_ NOTICE* OF PUBLIC HEARING To the. Inhabitants of the Town of Reading: . You are .hereby notified that an application for an all' alco- holic liquor license has.been applied for by Reading- Pie LLC- d/b /a Portland Pie Company. The application is • for the premises at 54 Haven Street, Reading, Massachusetts". Under the provisions of Chapter 138, Section 15 of • the Massachusetts General -Laws, a public hearing will be held 6y the Board of Selectmen con= ceming this application on April 9, 2013 at 9:15' p.m..in the. Selectmen's Meeting' Room, 16 . Lowell -Street, '.Reading, Massachusetts. A copy of the proposed doc- ument regarding this topic is. . available irr the. Town Manager's office, *•16 Lowell Street, Reading,. MA,..M -W- Thurs from 7:30 a.m. -• 5:30 . p.m.; Tyes from 7:30 a.m. - 7:00 p.m. and is attached to the hearing notice on the website at www.re6d!ngrha.gov All- interested partiQ's are Invited to attend the hearing; or may submit their comments in. writing or by email prior to. 6:00 p.m. on April 9,. 2013 -to. town - managerC ci.reading.ma1m By order of Peter I. Hechenbleikner Town Manager READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 Emergency Only: 911 - All Other Calls: (781) 944 -1212 - Fax: (781) 944 -2893 Web: www.ci.reading.ma.us /police/ EXECUTIVE SUMMARY New Liquor License - Reading Pie LLC -d/b /a Portland Pie Company Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, April 1, 2013 As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a New Liquor License for Reading Pie LLC. d/b /a Portland Pie Company which will be located as 54 Haven Street. Officers, directors, stockholders and manager: 1) Manager of License: Charlie Clement 2) Manager/Member: Nathaniel Getchell 3) Manager/Member: Stephen Freese Ownership Interests: 1) "WWD Reading Pie Holdings " -49 stock or % owned 2) Portland Pie Company LLC -1 stock or % owned 3) Nathaniel Getchell -22.5 stock or % owned 4) Stephen Freese -22.5 stock or % owned 5) Philip Pelletier -5 stock or % owned I find no reason why the license application should not go forward. :ally Submitted, Sg .' Detective Mark D. SegalU Criminal Division Commander 0 �4q �1 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www mass go-v/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY —� Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): n New License ❑ New officer/Director E] Pledge of License Transfer of License E] Change of Location Pledge of Stock [] Change of Manager F] Alteration of Licensed Premises Transfer of Stock Cordials/Liqueurs Permit Issuance of Stock New Stockholder F] For Reconsideration 04/09/2013 Local Approval Date ❑ Change Corporate Name E] Seasonal to Annual E] Change of License Type Other 6-Day to 7-Day License Management/Operating Agreement E] Wine & Malt to All Alcohol Name of Licensee Reading Pie LLC EIN of Licensee D /B /A Portland Pie Company Manager Charlie Clement ADDRESS: S4 Haven Street CITY/TOWN: Reading STATE a ZIP CODE 01867 Annual All Alcohol Restaurant Annual or Seasonal Category: WAicohol- wine &Wk VAm Type: Memurarrt.0*Package MA & C.ordtalsi store. General On premises. EW Complete Description of Licensed Premises: 5960 sfrestaurant space located at 54 Haven Street with 167 Interior seats and 20 outdoor.seats. The 167 interior seats are split up into 3 dining room areas combining to offer 106 seats of family- friendly dining and also"a separate pub dining area that provides 61 total seats of bar height, bistro table dining along with an accompanying bar (13 seat bar Included in the 61 seat total). The.20 outdoor seats are situated in front of the restaurant store front, providing seasonal opportunity w dine during the summer months. Application Filed: Mar 25, 2013 Advertised: Mar 27, 2013 Abutters Notified: Yes OX No [) Date & Time Date & Attach Publication Licensee Contact Person for Transaction Walter J. Sullivan,JrJAttomey, Preti Flaherty Phone:. 617- 226 -3882 ADDRESS: 10 Post Office Square 1 CITY/TOWN: Boston STATE (VIA ZIP CODE 02109 Remarks: The Local Licensing Authorities B)r Alcoholic Beverages Control Commission Ralph sacramone Executive Director ABCC Remarks: �j / The Commonwealth of Massachusetts . Alcoholic Beverages Control Commission 239 Causeway Street u,p Boston, MA 02114 2013 MAR 2 5 Pi 12: 0 3 www.mass.gov /abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER ON IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME (Reading Pie LLC d /b /a Portland Pie Company ADDRESS 154 Haven Street I CfTY/TOWN Reading STATE MA ZIP CODE 101867 I TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer /Director ❑ Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock ❑ New Stockholder ❑ Transfer of Stock ❑ Change of License Type ❑ Management/operating Agreement ❑ Pledge of Stock ❑ Wine & Malt to All Alcohol ❑ Change of Location ❑ More than (3) §15 ❑ Pledge of license ❑ 6-Day to 7 -Day License ❑ Change of Manager ❑X New License ❑ Seasonal to Annual ❑ Other I — 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. O. BOX 3396 BOSTON, MA 02241 -3396 nLj'D � � (0 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Reading 1. LICENSEE INFORMATION: A. Legal Name /Entity of Applicant:(corporation, LLC or Individual) B. Business Name (if different) : Portland Pie Company C. Manager of Record: Charlie Clement D. ABCC License Number (for existing licenses only) E.Address of Licensed Premises 54 Haven Street City/Town: Reading State: MA Zip: 01867 F. Business Phone: 207 - 252 -4755 G. Cell Phone: H. Email: I. Website: www.portlandp(e.com !.Mailing address (If different from E): 5 Lincoln Avenue City/Town: Scarborough State: ME Tip: =04074 TRANSACTION: New License ❑ New Officer /Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6) Day to (7) -Day License ❑ Wine & Malt to All Alcohol TYPE OF LICENSE: ❑X §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) ❑ §15 Package Store LICENSE CATEGORY: ❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only, ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials /Liqueurs Permit S. LICENSE CLASS: ❑X Annual ❑ Seasonal cJ i�ti'► DKAYT LU13 Annual 'Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 04/09/2013 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 4/9/2013 1 DRAFT 2013 Annual "Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 04/09/2013 8 Approve FY 2014 — 2023 Capital Board of Selectmen ♦ Motion - Tafoya Improvements program ♦ Presentation - LeLacheur ♦ FINCOM report - Jeff Perkins 9 Approve Revolving Funds Board of Selectmen ♦ Motion - Bonazoli ♦ Presentation - Hechenbleikner ♦ FINCOM report - I Barry Berman 10 Dispose of surplus tangible properties Board of Selectmen ♦ Motion - Arena ♦ Presentation - Hechenbleikner ♦ FINCOM report - Jeanne Borawski 11 Adopt FY 2014 Budget FINCOM ♦ Motion - 2/3 vote for some Greenfield sections — and ♦ Presentation — therefore for the Hechenbleikner. entirety LeLacheur, Doherty, Delai ♦ FINCOM report - Greenfield 12 Fund OPEB Trust Board of Selectmen ♦ Motion - Ensminger ♦ Presentation - Angstrom ♦ FINCOM report Karen Herrick 13 Authorizing settlement of litigation in School Committee ♦ Motion - Janowski excess of $50,000 ♦ Presentation — Hechenbleikner, Brackett ♦ FINCOM report - Barry Berman 14 Authorize Chapter 90 Expenditures Board of Selectmen ♦ Motion - West ♦ Presentation - Zambouras ♦ FINCOM report Hal Torman 4/9/2013 2 (iC3 DRAF 1' 2013 Annual Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 04/09/2013 15 Authorize debt - Lewis Street, Board of Selectmen ♦ Motion - Tafoya 2/3 vote Howard Street (West to County ♦ Presentation - Road), and Charles Street (Main to Zambouras Harrison) sewer improvements ♦ FINCOM report Paul McNeice 16 Authorize debt — water distribution Board of Selectmen ♦ Motion - Bonazoli 2/3 vote improvements ♦ Presentation Zambouras, LeLacheur ♦ FINCOM report David Greenfield Easement for on- street parking Board of Selectmen ♦ Motion - Arena :17A:cceipt erce Street ♦ Presentation - Zambouras 18 Accept Drainage Easement — Victoria Board of Selectmen ♦ Motion - Avenue Ensminger ♦ Presentation - Zambouras 19 Adjust property boundaries — Birch Board of Selectmen ♦ Motion - West 2/3 vote Meadow and School ♦ Presentation — Committee Hechenbleikner, Zambouras 20 Approve Affordable Housing Trust Board of Selectmen ♦ Motion - Tafoya Fund Allocation Plan ♦ Presentation - Hechenbleikner ♦ FINCOM report Barry Berman 21 Amend Reading General Bylaw Board of Health ♦ Motion - Bonazoli section 1.8 to make Board of Health ♦ Presentation - regulations and Rubbish Bylaw Hechenbleikner subject to 1.8 — non criminal ♦ Bylaw Committee disposition report 22 Amend Reading General Bylaw Board of Selectmen ♦ Motion - section 8.8 - Animal Control Bylaw Ensminger ♦ Presentation - Hechenbleikner ♦ Bylaw Committee report 4/9/2013 3 i DRAF 1' 2013 Annual Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 04/09/2013 23 Approve revised Zoning Map CPDC ♦ Motion - West 2/3 vote ♦ Presentation - Zambouras ♦ Bylaw Committee re ort 24 Amendment of Section 2 -15, Board of Selectmen ♦ Motion - Arena 2/3 vote Referendum Procedure, of the ♦ Presentation - Reading Home Rule, Charter. Arena ♦ Bylaw Committee report 25 Remove Town Meeting members Board of Selectmen ♦ Motion - Tafoya pursuant to Section 2.6 of the ♦ Presentation — Reading Home Rule Charter Precinct Chairs 4/9/2013 4 (V Birch Meadow Complex— Land Control Transfers Birch Meadow Playground to School — 463,378 sq. ft. (10.64 Ac.) Town Property to School — 3,178 sq. ft. (0.07 Ac.) (Total to School - 466.556 sq. ft. (10.71 Ac.)) Birch Meadow Playground Leased to School — 151,710 sq. ft. (3.48 Ac.) School to Birch Meadow Playground — 11,572 sq. ft. (0.27 Ac.) 6�