HomeMy WebLinkAbout2013-04-23 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
APRIL 23, 2013
Bonazoli, Arena, Tafova, Ensminaer, West Hechenbleikner
3a) Move that the Board of Selectmen approve the Proclamation for Arbor
Day on April 26, 2013.
3b) Move that the Board of Selectmen approve the Proclamation for Public
Safety Telecommunications Week.
5a) Move that the Board of Selectmen, at the request of the School
Committee, approves the Letter of Intent between the Roman Catholic
Archbishop of Boston, A Corporation Sole and the Town of Reading for
the purchase of the so called Woburn Street School at 172A Woburn
Street for use as an Early Childhood Center incorporating the RISE
pre - school program and full day Kindergarten; and the Board of
Selectmen authorizes the Town Manager to sign the Letter of Intent on
the Town's behalf.
5b) Move that the Board of Selectmen authorize the Chairman to sign the
Massachusetts Public Library Construction Program Application,
signifying the Board of Selectmen's agreement and ongoing support of
this project.
5c) Move that the Board of Selectmen agree to accept as
meeting the requirement expressed in the Board of Selectmen decision
of April 10, 2012, for replacement of a shade tree removed by the Town
at the request of the property owner at 10 Parkview Road.
5f) Move that the Board of Selectmen close the hearing on setting the water,
sewer and storm water rates for FY2014.
Move that the Board of Selectmen set the FY 2014 Water Rate at $
per 100 cubic feet with a minimum quarterly bill of $ effective with
the August, 2013 billing.
(T
Move that the Board of Selectmen set the FY 2014 Sewer Rate at $
per 100 cubic feet with a minimum quarterly bill of $ effective with
the August, 2013.
Move that the Board of Selectmen set the Storm Water Rate at $ per
unit (3210 square feet) per year to be billed quarterly effective with the
August, 2013 billing.
5g) Move that the Board of Selectmen approve the letter (as amended) to
the US Postal Service regarding plans to close portions of the current
operation in Reading, and to relocate the retail portion of the Post
Office function, and to sell the existing building; and to authorize the
Chairman to sign the letter on the Town's behalf.
5h) Move that the Board of Selectmen close the hearing on amending the
Policy on the Town Forest Committee.
Move that the Board of Selectmen approve the amendments to the
Policy on the Town Forest Committee.
5k) Move that the Board of Selectmen award the bid for the sale of the
property at 50 Lothrop Road to David M. Chuha DBA Chuha
Construction Company Inc., for a sum of $305,000 and subject to all of
the conditions of sale as detailed in the RFP; and authorize the Town
Manager to sign all additional documents on the Town's behalf.
51) Move that the Board of Selectmen approve the naming of a room within
a Town building as requested in an email addressed to the Town
Manager dated April 9, 2013. This action is intended to be a surprise to
the person after which the room is being named.
6a) Move that the Board of Selectmen approve the minutes of March 12,
2013 as amended.
6b) Move that the Board of Selectmen approve the minutes of March 19,
2013 as amended.
Move that the Board of Selectmen adjourn the meeting at p.m.
0
TOWN MANAGER'S REPORT
Tuesday, April 23, 2013
Administrative matters
♦ This is Administrative Assistants Week. We value and appreciate all of our Administrative
personnel regardless of name — Clerks, Administrative Secretaries, Administrative
Assistants, or Office Manager.
♦ 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 2 weeks ago listed 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." -
♦ There is a Special Primary Election on April 30 for the vacant US Senate seat.
♦ The last day to register to vote for the June 25 election is June 5th at Town Hall — the
Clerks office with be open until 8:00 PM on the days above.
Community Services
♦ Earth Day is at the Mattera Cabin - April 27
♦ A public Hearing notice for an application under the Scenic Roads program was sent out in
error to residents on South Street. National Grid is installing a gas main within the pavement
area, to serve the Reading Woods site.
♦ The Regional Health Department has been awarded a mini -grant of up to $1500 to update the
School Nurses' Policies and Procedures Manual. We will receive the award letter with the
amount (and the check) sometime in the next week. Although the school nurses are not part
of the Health Department in Reading and Wakefield, the public Health Administrator has
nonetheless been working with them to address various issues.
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!
4/23/2013 1 3
TOWN MANAGER'S REPORT
Tuesday, April 23, 2013
Public Safety
♦ May 1 — RCASA is Hosting a Film Screening of Point of No Return 7 -9, Woburn Cinemas
♦ The Commonwealth of Massachusetts has received a Major Disaster Declaration for the
February 8 -9, 2013 blizzard. The declaration includes Middlesex County. Therefore,
Reading will be eligible to receive reimbursement of our eligible expenses for a specific
time period ( usually 48 -72 hours) in responding to the storm. More details will follow as
MEMA conducts applicant briefings.
Public Works
• Hopkins and Main Street intersection.
• Tree removal — Sturges Park
• West Street: 100% design plans are complete, have been submitted to MassDOT, and
this project is recommended by MPO staff to be funded in FY 2014 — which begins
October 1, 2013
• 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.
• We took bids for pavement work, and the bid prices on $1.5 million of work came in
$100,000 lower than estimates.
• MWRA is targeting Wednesday evening, May 1, to remove the existing 24" globe valve
and 36" butterfly valve in Woburn and install a new 36" globe valve and 36" gate valve on
the south side of the bridge in front of the former West Marine store. The rough plan is to
start early evening, and work thru the overnight period to perform the work. Back -up
water supply if needed will be through the new interconnection with Stoneham.
• The MWRA has completed their analysis of test borings on the route of the
interconnection between South /Main Street and West Street, and they have found a
significant amount of ledge. With Town staff they are going to look at alternative routes for
this interconnection, and abutting residents will get an Everbridge call prior to marking out
and taking borings. .
Upcoming events:
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
4/23/2013 2
0
April. 22, 2013
Town of Reading Community Development
16 Lowell Street Phone: (781) 942 -6613
Fax: (781) 942-9070
Reading, MA 01867 -2683 Website: www.ci.reading.ma.us
SECOND NOTICE
GENERAL BY -LAW VIOLATION
Town Of Reading
16 Lowell Street
Owner of Record Location of Property
To: Max Gabriello 285 Main Street
79 North Main Street Reading, MA, 01867
Andover, MA 01810 Zoning District: Bus. A
Map: 12 Lot: 43
Subject: Violations of Town of Reading, General By -Law
"There are violations of Section 8.1.0, Maintenance of Vacant Buildings and Land of the Reading General
By -Laws at your property. This property is in violation of minimum requirements for external
maintenance per Section 8.10.2 (below). The BOLDED requirements were observed to be an issue and
must be addressed.
8.10.2 Minimum Maintenance Requirements:
Owners of vacant properties must fulfill the following minimum adequate maintenance
requirements for any such property they own:
• Maintain vacant properties in accordance with all applicable local and state
Sanitary Codes, Building Codes, and Fire Codes.
• Secure vacant properties to prevent unauthorized entry and exposure to the elements.
• Maintain vacant properties in a manner that ensures their external /visible
maintenance, including but not limited to the maintenance of major systems, the
removal of trash and debris, and the upkeep of lawns, shrubbery, and other
landscape features.
• Remove graffiti, carvings or markings from all structures, signs, walls and fences.
• .Repair or replace broken windows or doors within thirty (30) days. Boarding up
any doors or windows is prohibited except as a temporary measure for no longer
than thirty (30) days, unless an extension is approved by the Building Inspector.
(Plywood on windows must be removed and windows repaired).
• For properties vacant for six months or more, the utilities for which have been shut
off, remove or cut and cap such utilities to prevent accidents. (Confirm electric
utility and gas utility cut -off).
• Maintain free from the storage of any junked, wrecked, or abandoned vehicles.
6
Compliance with this section shall not relieve the owner of any applicable obligations set forth in any
other codes, regulations, covenant conditions or restrictions, and /or homeowner or condominium
association rules and regulations.
In previous correspondence, you were informed of this violation. You are hereby fined $50.00 for
violation of the General By -Law and should contact this office immediately to avoid further citation.
You may contact the Building Department within 48 hours of receipt of this notice at 781- 942 -6613 or
visit me during my office hours to inform me of your corrective actions and to avoid further citations.
My office hours are 7:00 — 8:30 AM & 12:30 —1 :30 PM on Mondays and Thursdays, Tuesdays 7:00 —
8:30 AM & 5:00 — 6 :30 PM and Wednesdays 7:00 — 8 :30 AM only.
Thank you for your prompt attention to this matter.
i
Glen Redmond
Building Inspector
Town Of Reading
781- 942 -6613
Cc: Town Planner, Town Manager
06 N°_ ,3823
TOWN OF RENDING NOTICE OF VIOT.ATION
OF TOWN BYLAW OR REGULATION
(Date (Date oof this Notice) �t ,n, L�l _' 20
To. ! V � �CC�DY -��4 W _
YOU HAVE BEEN OBSERVED VIOLATING
ire v'LiAA—
by
(act mnsarutit� vinlntiun)
(.1 a (M
at �` ) on irirac. axe aa; E E a�`w'__-
at 2tVt
fl%wt )
isqut nc of Ea =iat Itmon)
I HEREBY ACKNOWLEDGE RECEIPT OF ME FOREGOING
CITA71ON
❑ Unabin to ahem signature of o&ndcr.
THE FINE FOR THIS OFFENSE IS $ _
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER:
(1) You may elect to pay the above fine, eittus by appearing in person
between 8:30 A.M. and 5:00 P.M., Monday thin Friday, legal holidays
excepted, before the TOWN CLERK.
Town Hall
16 Lowell Strneet
Reading, MA 01867
or by mailing a cheek, money order or postal note payable to the Town of
Reading WnliIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS
NOTICE This will operate as a disposition of the matter, with no resulting
criminal record.
(2) If you desire to contest this matter in a non- c:ria", proceeding, you may
do so by nuking a written request within twenty -one days to the Clerk-
Magistrate of the Woburn District Cant, 30 pleasant Street, Woburn, MA
01801 -4125, for a hearing. A determination by a Judge, Clerk- Magisrate or
Assistant Clerk will operate as a foal disposition, with no resulting crimi-
md record, provided any fine innposed by that officer is paid within the time
specified.
(3) If you fail to pay the above tine or to appear as specified, a criminal com-
plaint may be issued against you.
i HEREBY EL F)C T the first option above, confess to the offense charged, and
enclose payment in the amount of
Signature
Hechenbleikner, Peter
From: Kevin Barile <kevinbarile @barilefuneral.com>
Sent: Tuesday, April 23, 2013 12:09 PM
To: Town Manager
Subject: Arbor Day
Hi Peter,
My name is Kevin Barile. I belong to the Reading Rotary Club here in town and my family and I also own and
operate the Doherty Funeral Home on Linden St.
I was supposed to attend the Selectmen's meeting tonight to speak about Rotary's involvement with Arbor
Day. I have chaired this event for the club for several years. Unfortunately, I cannot attend due to a death of a
very close friend of mine who's services are being held this evening.
I figured that I would send an email on what I would have said, had I been there.
"Good evening everyone. My name is Kevin Bartle. I am a member of the Reading Rotary Club here in town.
One of the many projects we do in town is called Arbor Day. It is celebrated every year in the month of
April. This year Arbor Day is on Friday April 26th. As a club, we donate trees to all of the fifth graders in
Reading. In groups of 2 -3, we go into the classrooms, distribute the trees to the children and give a brief
explanation of what Arbor Day is as well as the tree we are donating. We also give an explanation of what
Rotary is and what we do locally and nationally. We encourage the students to bring the tree home and plant it
in their yards with their families. The type of tree we are using this year is called the Kousa Dogwood. It grows
between 15 -25 feet and is 25 feet wide. It is a late blooming tree with white flowers. It is very pretty when
fully grown. I have been chairing the project with the Rotary club since 2007. I have thoroughly enjoyed this
project and will continue to do it in the years to come. Thank you for your time and help"
I hope this is helpful. Please call me or email me with any questions. I can be reached at 781- 944 -1589.
Sincerely,
Kevin M. Barile
%I
PROCLAMATION
KAII I ! / 1
Whereas,
in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for. the
planting of trees; and
Whereas,
this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska,
and Arbor Day is now observed throughout the nation and the world; and
Whereas,
trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the
temperature, clean the air, produce oxygen and provide habitat for wildlife; and
Whereas,
trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood
products; and
Whereas,
trees in our Town increase property values, enhance the economic vitality of business areas, beautify our
community, and wherever they are planted are a source of joy and spiritual renewal; and
Whereas,
Reading has been recognized as a Tree City, U.S.A. by the National Arbor Day Foundation for over 25 years,
and desires to continue its tree - planting ways.
Now, therefore, we,
the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim April 26, 2013 as Arbor
Day in the Town of Reading and urge all citizens to celebrate Arbor Day and to support efforts to protect our
trees and woodlands, and plant trees to gladden the heart and promote the well being of this and future
generations.
THE BOARD OF SELECTMEN
James Bonazoli, Chairman John. Arena, Vice Chairman
Ben Tafoya, Secretary
Marsie West
Daniel Ensminger
I )
PROCLAMATION
Public Safety Telecommunications Week
Whereas:
Emergencies can occur at any time that require police, fire or emergency medical services; and
Whereas:
When an emergency occurs, the prompt response of Police Officers, Fire Fighters and paramedics is critical to
the protection of life and preservation of property; and
Whereas:
The safety of our Police Officers and Fire Fighters is dependent upon the quality and accuracy of information
obtained from citizens who telephone the Reading Police -Fire Communications Center; and
Whereas:
Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and
Whereas:
Public Safety Dispatchers are the single vital link for our Police Officers and Fire Fighters by,monitoring their
activities by radio, providing them information and insuring their safety; and
Whereas:
Public Safety Dispatchers of the Reading Police Department have contributed substantially to the apprehension
of criminals, suppression of fires and treatment of patients; and
Whereas:
Each Dispatcher has exhibited compassion, understanding and professionalism during the performance of their
job in the past year.
Now, therefore, we,
the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of April 14 -20,
2013 as Public Safety Telecommunications Week in Reading in honor of the men and women whose
diligence and professionalism keep our Town and citizens safe.
THE BOARD OF SELECTMEN
James Bonazoli, Chairman John Arena, Vice Chairman
Ben Tafoya, Secretary Marsie West
Daniel Ensminger
it
GREGORY J. BURNS, Chief
757 MAIN STREET
BUS, PHONE: 781.942.9181
STA MONE 78,1.944.3132
FAX 78' 942.9114
April 17, 2013
Central Dispatch
15 Union Street
Reading MA 01867
HEADOUAR1 ERS
READING FIRE DEPARTMENT
READING, MASSACHUSETTS 01867
To all Public Safety Dispatchers,
The Week of April 14 -20, 2013 is National Public Safety Telecommunieator's Week. In
recognition of this event, I would like to thank all the 'Town of Reading's Public Safety
Dispatchers for their hard work, professionalism and dedication to the community throughout the
year.
All Public Safety Dispatchers for the Town of Reading are public safety professionals. When an
emergency occurs in Reading, the emergency response to those in need begins with you. Each
and every day you are relied upon to successfully interact with people in crisis and you do so in a
professional manner. As our first emergency contact you make a significant contribution in the
effort to address the emergency needs of the residents. Each and every day, the Firefighters
depend on you to answer the call., determine the response and provide ongoing support.and
resources to an emergency scene. The Reading Fire Department recognizes and appreciates the
critical role you have in the Town of Reading's emergency response system,
It takes a very special person to be able to be a Public Safety Dispatcher. The level of expertise
involved in providing the public with a. reliable, coordinated public safety response, originating
from the first phone call, to the dispatch of the appropriate personnel and providing ongoing
support to the emergency scene is truly remarkable.
On behalf of the Reading Fire Department, I would like to thank all of the Town of Reading's
Public Safety Dispatchers for their hard work and dedication to the community throughout the
year. Thank you for all you do!
�Sinc rely,
r J. urns
C f f Department
We're Your Friends for Life
3
b
Massachusetts Public Library Construction Program
Agreement
The municipality agrees in writing to the following assurances 1 through. 37, which were included in the
grant.application and taken from the regulations for the Program 605 CMR 6.05 (2) (c) , and also based
on full municipal enforcement and compliance with federal, state and local laws, rules and regulations.
1. An assurance that new, remodeled or renovated library buildings shall be planned for a minimum
operational life of 20 years.
2. An assurance that the completed facility will continue to be used as a free public library for at
least 20 years. Prior approval from the-Board shall be obtained if there is any change in
proportional use, or if the building is sold or reused for a non.- public library function. In the event
that the building is not kept in continuous use as a free public library for 20 years, the city or
town shall return the amount of the grant.award plus interest to the Board of Library
Commissioners within 30 days of the date the library building falls out of compliance with 605
CMR 6.05.
3. An assurance that the applicant shall make all full and good faith efforts to support the continued
participation and qualification of the library in programs established by or the successors to
M.G.L. c. 78, §§ 19A and 19B. Should the library fail to be certified by the Massachusetts Board
of Library Commissioners to receive State Aid to Public Libraries during the period in which the
Grant Agreement is in effect, until project completion and final payment, this shall be considered
a breach of the contract.
4: An assurance that when construction is complete, the applicant shall make all full and good faith
efforts ensure to that sufficient funds will be available for the effective operation and maintenance
of the facility, in accordance with applicable federal, state-and local requirements and standards.
5. An assurance that a sign will be displayed on the construction site and a plaque will be. placed in
the - completed building stating. that State funds administered by the Massachusetts Board of .
Library Commissioners have been or are being used for construction.
6: An assurance that the applicant and contractors shall not knowingly employ, compensate, or
arrange to compensate any employee of the Massachusetts Board of Library Commissioners
during the term of the project, unless such arrangement is permitted under the provisions of
M.G.L. c. 268A.
7. An assurance that the Board shall have the authority to review and approve plans, specifications,
bid documents, contract awards, payments and all documents of obligation or expenditure for the
project.
8. An assurance that if required, precontract and preconstruction conferences will be held with.,
representative(s) from the Board:
9. An assurance that the designer(s) of an approved library project were selected using the,:
Guidelines for Local Designer Selection Procedures as issued by the Designer Selection Board
under-the provisions of M.G.L.. c. 7, §-38K.
10. An assurance that all design, construction; construction contracts and sub- contracts shall be in
conformity with all applicable provisions of.state and local law, rules and regulations including,
but not limited to, M.G.L. c. 143, St. 1972, c. 802, St. 1984, c. 348 and 780 CMR. All
construction contracts shall be bid under M.G.L. c. 149, § 44A or M.G.L. c. 30, § 39M.
11. An assurance that the applicant shall be in compliance with, Executive Order 524 Establishing the
Massachusetts Supplier Diversity Program, which includes set aside provisions for Minority
Business Enterprises and Women -Owned Business Enterprises, and in compliance with M.G.L. c.
151B as amended. The applicant shall not discriminate in any manner because of gender, race,
color, religion, national origin, ancestry, age, sex, or handicap.
12. An assurance that the applicant will require that all construction contracts shall be in conformity
with applicable law and regulations related to minority hiring. Every state assisted contract for an
approved public library project including sub - contracts shall include the Commonwealth's
Supplemental Equal Opportunity/ Anti - Discrimination and Affirmative Action Program as part of
the contract.
13. An assurance that the applicant shall comply with Executive Order 526 Regarding Non -
Discrimination, Diversity, Equal Opportunity, and Affirmative Action. The applicant shall
safeguard non - discrimination, diversity and equal opportunity in state funded workplaces,
decisions, programs, activities, services and contracts.
14. An assurance that the applicant is in compliance with Executive Order 215 with respect to the
.community's housing policies and practices.
15. An assurance that the rules and procedures of the Massachusetts Emergency Finance Board will
be followed.
16. An assurance that the applicant. shall submit the project to local, regional or state boards or
agencies for comment and/or approval as may be required by law or regulation.
17. An assurance that the applicant shall assist the Massachusetts Board of Library Commissioners in
complying with the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.
18. An assurance that the building will be designed according to 521 CMR: Architectural Access
Board.
19. An assurance that life -cycle cost estimates-of all technically feasible'energy systems.as defined in
St. 1976, c. 433, shall be considered during the design development design stage in order to
ensure that the energy system with the lowest life -cycle cost estimate will be identified in
accordance with the provisions of St. 1976, c. 433.
20. An assurance that the applicant shall closely monitor the cost effects of program and design
decisions and materials and systems selections so that the facility can be constructed and operated
in a cost effective, sustainable and staff efficient manner considering the type of project and
structure.
21. An assurance that there shall be an evaluation of flood hazard so that the facility to be constructed
will be located insofar as practicable to preclude the exposure of said facility to potential flood
hazards.
�3 �b2
22. An assurance that the building shall be designed to minimize the effects of vandalism, weather
conditions and natural conditions and that materials and finishes shall be selected to minimize
operational costs and maintenance. This shall include provision for a fire -rated enclosure for any
exterior- book or nonprint materials return that penetrates a wall of the building.
23. An assurance that the applicant will be responsible for supplying the Massachusetts Board of
Library Commissioners with the necessary documentation, information and drawings so that they
can comply with the steps outlined in M.G.L. c. 9, §§ 26 and 27C and 950 CMR 71.00. This shall
include an assurance from the municipality that the Massachusetts Historical Commission has
been afforded an opportunity to review and comment on projects listed or eligible for listing on
the State Register of Historic Places, as early as possible in the planning stages of the project..
This shall include a review for the proposed physically handicapped access plans compliance
with the Secretary of the Interior's Standards for Rehabilitation and 950 CMR 71.00.
Furthermore, applicants shall assist the Board in complying or shall comply with legal and
regulatory requirements of the Massachusetts Historical Commission.
24. An assurance that prior approval from the Massachusetts Board of Library Commissioners will be
obtained for significant budget, program or plan changes and revisions including deduct change
orders. Change orders of an emergency nature shall be excluded.
25. An assurance that the applicant will provide adequate supervision during the term of the project
including architectural supervision, value. engineering and the retention of a qualified Clerk of the
Works and when required a Project. Manager.that meets the qualifications promulgated by St.
2004, c. 193, entitled "An Act Further Regulating Public Construction In the Commonwealth"
signed into law July 19, 2004 and codified in M.G.L. c 149, §44A%. .
26. An assurance that designated Agency staff shall be provided reasonable access to the project and
site considering site conditions and with appropriate notification.
27. An assurance that monies from any department, unit, agency or board of the Commonwealth of
Massachusetts and U.S. Government shall not be used as part of the first 25% of local matching
funds.
28. An assurance that every good faith effort will be made to obtain sufficient funds beyond those
granted under.this program for the -non- matching and non - eligible shares of project costs.
29. An assurance that the Board . shall not be held responsible for meeting any increased costs or
increasing the amount of the grant award beyond the provisional award. .
30.. An assurance that the project will be completed as described in the application and approved by
the Board..Any significant reductions in the project's program shall requireprior approval.
31. An assurance that the Massachusetts Board of Library Commissioners, the Governor or his
designee,'the Secretary of Administration and Finance, and the State Auditor or his designee shall
have the right, at reasonable times and upon reasonable notice, to examine the books, records and
other compilations of data of the recipient which pertain to the performance of the provisions and
requirements of this agreement. Upon request, the recipient shall furnish to the Board copies of
any such books, records and compilations. In all contracts or subcontracts entered into by the
.recipient concerning the project, there shall be included a provision requiring similar access by
the Board to the contractor's or subcontractor's books, records and other compilations of data
which pertain to the project (as'per Executive Order 195 of April 27, 1981).
3
32. An assurance that the applicant shall file required reports and the Massachusetts Board of Library .
Commissioners shall be notified when the approved public library project is completed and a
certified reporting of expenditures by category, financial sources and other documentation shall
be supplied to the Board.
33. An assurance that all income received by the applicant from the Massachusetts Board of Library
Commissioners' grant funds shall be placed in an interest bearing account separate from other
applicant accounts. All grant funds including interest income must be expended for purposes
specified in the construction grant application. Purposes specifically excluded include
landscaping, paving, and associated costs of borrowing.
34. An assurance that the applicant will file a final evaluation form on the performance of contractors
on the project as required by the Division of Capital Asset Management (DCAM) upon
completion of the project.
35. An assurance that construction on the project will commence within one year of signing agrant
. agreement with the Massachusetts Board of Library" Commissioners.
36. An assurance that a copy of the As -built Drawings, in paper or electronic form, will be supplied
to the Massachusetts Board of Library Commissioners within 60 days subsequent to issuance of.
Certificate.of Occupancy.
37. An assurance that the project site will remain as described in the application and approved at the
time of award or waiting list placement. The Approved Site may only be changed with.
Massachusetts Board of Library Commissioners approval and only for circumstances unforeseen.
and beyond the control of the applicant. In general, such approval would only be granted for
physical conditions that cannot.be remediated.
For the Grantee:
Types/Print Name:_ 1 Q kov. V l ,0 1 D�
Title & Board /Committee: Im em&y-
Signature: —Date:
Types /Print Name:
Title & Board /Committee:
Signature Date:
Types /Print Name:
Title & Board /Committee:
For the Commonwealth of Massachusetts, Board of Library Commissioners
Signature Date
Name: Dianne Carty, Acting Director
°FRS- Town of Reading
N w 16 Lowell Street
.a,9 0° Reading, MA 01867 -2685
+lNCOR4
FAX: (781) 942 -9071
Email: townmanager &l.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
April 2, 2013
Mr. Chris Loiselle
10 Parkview Road
Reading, MA 01867
Dear Mr. Loiselle:
In April 2012 the Board of Selectmen approved the removal of a shade in front of your
property and made a requirement that you plant two trees with the species and location to
be determined by the Tree Warden.
The Tree Warden informs me that you planted one tree that was not approved by him and
he has reminded you on more than one occasion of the requirement to plant two new
trees.
The purpose of this letter is to put you on notice that you need to either plant two
properly sized shade trees on . your property with the species and location to be
determined by the Tree Warden or in lieu of that the Town will accept a.payment of $250
per tree to be used to plant trees elsewhere in the community.
Please reply to me,by April 15, 2013 letting me know what your intent is.
Sincerely,
Peter I. Hechenbleikner
Town Manager
PIH/ps
Board of Selectmen Minutes — April 10, 2012 — page 3
Proclamations /Certificates of Appreciation
Public Safety Telecommunications Week — Head Dispatcher Vicky Avery, Police Chief James
Cormier and Fire Chief Greg Burns were present.
A motion by Schubert seconded by Bonazoli to approve the proclamation for Public Safety
Telecommunications Week from April 8 — April 14, 2012 was approved by a vote of 5 -0-0.
Discussion/Actioa Items
Follow -Up on Ballet School — The Town Manager noted that the applicant went out to the site
with staff— he had tried to meet with the applicant the following day but they were not available.
They will install four spaces onsite with stone dust — the Town needs the specs from the
applicant and the builder was in today applying for a permit.
Mr. Cecere indicated they are making good progress and the contractor is working with the
inspector — he needs the fire permit and record of variance. The architect is meeting next
Tuesday and they will be able to work inside while doing the outside work.
Stephen Goldy. noted that a checklist is needed so there are no surprises at occupancy permit
time.
James Bonazoli asked if the new permitting system can do a checklist and Bob LeLacheur
indicated it could and we are ready to go live next week internally and it will go live public in
about two to three months. It was also noted that the computer won't reconcile differences
between two committees.
Hearing — Renuest for Removal of Shade Tree — 10 Parkview Road — The Secretary read the
hearing notice. Chris and Lisa Loiselle, owners of 10 Parkview Road, were present.
Mr. Loiselle indicated they are new residents and the Town has been.very receptive to removing
branches, but numerous branches keep falling and it's a nuisance. One tree on the street was
removed for splitting and this tree is doing the same thing. This is a safety concern.. He also
noted that he planted 14 evergreens on his property.
Tree Warden Bob Keating noted that the tree is a Norway Maple and it is an invasive species that
the Town` doesn't plant anymore. He .noted. that all of the trees. took a beating in the October
snowstorm. He feels this tree is still sound and he is reluctant to take it down unless it is truly
hazardous. If he removes all the "potentially" hazardous trees there would be no trees left.
John Arena asked if this tree was diseased and Bob Keating noted that the canopy still has a lot
of buds, but these trees give off a lot of dead wood. There is no soft wood or rot.
Richard Schubert asked Mr. Loiselle if he plans on widening his driveway and Mr. Loiselle
indicated he does and he is willing to plant another tree either on his property or elsewhere. Bob
Keating indicated there is no public way for the Town to plant and he would not plant in that
location because it is too close to the street. Stephen Goldy asked if there was anyplace else to
(P,6-6-q
Board of Selectmen Minutes — April 10, 2012 — page 4
plant and Bob Keating noted it would have to be the right tree in the right location. The lower
flowering trees are less intrusive.
Richard Schubert noted that the trees on that street are all the same age and this is an opportunity
to work with the homeowner to get new trees.
A motion by Tafoya seconded by Bonazoli to close the hearing for removal of a shade tree
at 10 Parkview Road was approved by a vote of 5 -0-0.
_A motion by Bonazoli seconded by Arena to approve the removal of a shade tree at 10
Parkview Road, subiect to the condition that two trees be planted with the species and
location to be determined by the Tree Warden was approved by a vote of 5 -0-0.
Hearing — Boards Committees and Commissions and Sunset Clauses — The Secretary read the
hearing notice. The Town Manager reviewed the proposed changes. There are five Boards,
Committees and Commissions and some had sunset clauses and some didn't. The Human
Relations Advisory Committee did not have a sunset clause so that will be 2015. The Advisory
Committee on the Cities for Climate Protection Program is changing their name to Reading
Climate Advisory Committee and changing the sunset to 2015. The Trails Committee is
changing from 2013 to 2015. The Economic Development Committee and Fall Street Faire will
be 2015.
Richard.Schubert asked when members are reappointed if it will remain staggered or all expire in
2015. The Town Manager indicated it will continue to be staggered.
A motion by Tafoya seconded by Bonazoli that the Board of Selectmen close the hearing on
sunset clauses for Boards. Committees and Commissions was approved by a vote of 5-0-0.
A motion by Tafoya seconded by Bonazoli that the Board of Selectmen approve
amendments to the policies establishing the Human Relations Advisory Committee, the
Reading Climate Advisory Committee. the Economic . Development Committee, the
Reading Trails Committee and the Fall Street Faire_ Committee with sunset clauses
expiring June 30, 2015 and changing the name of the Advisory Committee on the Cities for
Climate Protection Program to Reading Climate Advisory Committee as presented was
,approved by a vote of 54)-0.
Economic Development Committee Presentation of Downtown Improvements and Events Trust
Program for 2012 — Economic Development Committee members Sheila Clarke, Ben Yoder,
Michele Williams; Jack Russell, Karl Weld and Meaghan Young Tafoya were present.
Ben Yoder noted that this is the -5'' Anniversary of the Economic Development Committee.
They have implemented phase one of the wayfinding and branding strategy; established the
building fagade improvement program and implemented the streetscape improvement projects
including the baskets, banners and bows.
SAS
&
LEGAL NOTICE
TOWN OF READING
NOTICE OF PUBLIC -
HEARING
To the Inhabitants of-the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town -
of Reading will hold public hear-
ings on April 23, 2013 in the .'
Selectmen's Meeting Room, 16 "
Lowell . -Street, Reading',
Massachusetts on: -
•Setting Water, Sewer and.
S_ torm Water Rates for FY2014 :
8:30 P.M. .
-Amending Section 2.3.5 of i
the Board of Selectmen's Porky
on the Town Forest-Committee.; -
9:00 p.m. •_
A copy of-tbe proposed d** "
uments- regarding these topW
are avallable in the' Town
Manager's office, I'd -Low GLI -
- Street, Reading,. MA, M -W-
Thurs from 7:30 a.m. - 5:30
p.m.,. Tues fro m* 7 :30 a.m.
7:00 p.m. and Is-attached to the -
hearing notice on the website at
www.readingma.gov.
All interested parties are
invited to attend the hearing, 4r -
may submit their comments ;n -
writing•br by email prior to 6: O '
p.m. on April 23, 2013 to town-
manager @ci.reading.ma:us
By order of
Peter 1.• Hechenbleikner =
Town Manager
4/17
O SF[
cqs �,s
t c
APR 22 AM11 :17
The Onutuo"wNealth of Massachusetts
Hal -� -1, { ill!` W, No, Iolan 'd „Io ( tltlttl2t,l k allil
tiI,, tat'Ilt1wis IIm,o-iit, i91 ( till; ill l�Nl,ll1
trV'C111hCY 20, _01 1
\tiff PI l arnell
t a�iliticN I nv irt,nnlcntal Spkxl,lll.l
t_ Iutcll Stab, Po'kil Ser\ Ice
f ttciliti�:N llr.ul\Iu.Irti•r,
Real I ,t.Itc & A,.etN
14) BoN 3940,
0,
i anyt, r i 3 300-0430
Rll I_ SPti I r lv„Nal .,i Rc.Amy Nhm IYY I )ills. 116 1 U%cn Suva. l:cadny. M. A11 Wn RC 4311
I k;lr ills l ::ni; II
Thank v„u for vmfl utanu „ion rc ar,lin the ahovc referenced Ivrlliect. recened Nov cnlhc•r 2U1? t he Ntali
r,t• file MaN,achu,Ctt, I II,I,srical t onulu,Nioll (NII W) ha, rcv icvv cd the 1111,,rnl Iti,rrt ,uhnuttcd arut haN the
tollovv Ing coInincnt,.
fhc N1IW undcr,tantl, Ihat the I S P,,,tal 4cIvICC I SPSI intend, to Nell file llro',ert� at 116 1Imen Street.
hlxttvliiaily kn„vyn a, file Rcadmu Main Branch Post ()nice (RII_A 236)_ the Nil ctalcur, vtiIIII �Ottr tindin<<
Ih�It till', prt,hcrty alllvetn> to meet the criteria tli' clgrihih(t for listing ill the Nati:mal Register of HiNforic
PlaCC,-
We re\Ic\\ed ific coccnant language pnpwi or fire i7rntection of till~ property and ctmcur \ \Ith \uur
fin Imp th:u, a ith the 111CI Loot n (It the c„v errant, the ,;Ile o the Propelly will 11,1%c •,Ilo ativ er,e ctiecC (lb CI R
`OOt (h)) oll the Rcachng Main Brtnrh PoNt Osl ice
.
F Ilrl,,,i l Incase find the 1`rc,en Alton (O+ k Ilalll I am u.l r \\ hi,:h I ha\ c sl�nwd
l he,C et,IIiIIIclI!, 31'C „Ilcrt'tl It, .IN,I,I I) I .(IIIIpII'lnci A%Itli SCCtinll 1t)(1 t'I IIIC Nat ItMtI IIINtIN'14 I'rc1i•ry 1tItHl AcI
of 190 IN CI R SIN) P&wc d,, m4 he,Itatc to comm Bmm&c Lull «hull of lm ,t.111 it' WWI have :Inv
c1nC,t Rrll,. .
Slllcl,ik+ l\.
Brow) Sinl,�n
S,Imc Ili,tonc Prc,crvau +�n t )fiiccr
I vccullvc Ihrcrl „r
tilussachu,ru, I hsturt4,Il C,mtnllNNlttrl
rc %v nut c10011.8V 1 ,I, kcv . t iSPS
2:0 iii P 16YOVI A . ,ttM. WaN;iclKWIN 021._-
�iti
PROTECTIVE COVENANT
Reading Main Office
|n consideration o[ the c*nN e}aocc of certain real property located at 136 Haven 81rcc! in the
Town of'Reud ` in dle CnuokY of Middlesex, State of Massachusetts and k;goUy deliued as iu
the attached legal description.
(|) The oruntee berebv covenants on hchu [u[ itsc|[ its heirs. successors and assigns at
all time to nuJo1aio ooJ preserve this property in accordance with the recommended
approaches of the "Secretary of the Interior's Standards for RcbobiU{u(iou and
Guidelines |6r Rehabilitating Historic Buildings*' (Nuiiouol Park Service, 1980) in
order to preserve 1hnxc guu|i<icu that nnokc this property eligible for listing nu (ilu
National FloL,is1crnf|{isiodu Places.
(2) No construction. alteration or rehabilitation xba\} be undertaken or pcnoittcd to be
undertaken that would affect the historic |euJu»zx u[ the exterior "|` the property
without consultation with and tile express pcmoissiuno[the Massachusetts Historical
(`o/nrnixaion (M I IC) oro fully authorized representative thereof.
(3) Tile MI IC nha)| be permitted at all reasonable times tu inspect the property ill order io
ascertain i[ the above conditions are being met. M1lC xbaU provide advance written
nohficu1inuof its intent to inspect the property.
(4) in the event of violation of this covenant, and in addition to any remedy now or
hereafter provided by bnv` the M4HC rnm}, hnUnwiug rous000b|c uoduc to the grantee.
institute Suit to elljoin suiJ violation or10 require the restoration o[ the property.
0) This cuveouo( is binding oil the gruntct' its heirs, muxcuxyuro and uumigox in
perpetuity. All stipulations and covenants contained herein aho|| be inserted by the
grantee verbatim or by cxpncuo vch:oencc in any deed or other legal instrument by
which tile grantee divests itnelFol'uuy interest }o the property Vrany part thereof'.
(6) The failure of tbo MH[ 1n exercise any right or remedy granted under this instrument
shall not have the effect of waiving or limiting the exercise o1' ally other right or
remedy or use ot'such right or remedy at any other time.
(7) Tbix covenant obuU be u binding servitude upon the property and ubuU be deemed to
nou with the land. Execution of this covenant mhuU constitute conclusive evidence
that tile grantecugreey1obrbouodby1bc[bncguingcouditiuosundrexiric|ionsandu`
pedi`rm io obligations herein set [bnb.
(8) The h4HC may. for good cuuoc- modify or cancel ally or all of the [bu:goiog
restrictions upon application n[ the grantee. its heirs. successors urassigns.
~-� 11 ^
B[Vna Simon
State Historic Preservation Officer
Massachusetts Historical Commission
Ca|lanWordekemper
Federal F'reS8n/atiOD Officer
United States Postal Service
�
([lotw)
(Date)
x
°Fe�o� Town of Reading
16 Lowell Street
9 ?l NCOR Reading, MA 01867 -2685
,PJPO�l�
FAX: (781) 942 -9071
Email: townmanager &i.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
April 18, 2013
Joseph J. Mulvey
Facilities Implementation
U.S. Postal Service
2 Congress Street, Room 8
Milford, MA 01757 -9998
Re: Potential Relocation of the Reading MA Post Office facility — 136 Haven Street
Dear Mr. Mulvey:
The Board of Selectmen appreciates receiving various items of correspondence from the
U.S. Postal Service, and your presentation to the Board on April 9, 2013. It is critical that
factual information be given to the community because rumors have been swirling for
almost a year, about the "closing of the Reading Post Office." We also appreciate
receiving the information regarding historical covenants.
The Board of Selectmen is disappointed that only two weeks from the formal
presentation has been given to comment on this plan, but the Board of Selectmen is able
to submit the following comments and understands that there are appeal periods during
the process.
Given the April 24u' deadline from the U.S. Postal Service, the Board of Selectmen has
the following comments:
1. The Board of Selectmen is absolutely adamant that the retail portion of the U.S.
Postal Service remain in the downtown area of Reading. We will commit all
Town resources to assist the Postal Service in finding a suitable location if they
are not able to remain in the existing building.
2. The Board of Selectmen prefers that the remaining retail operation in Reading
remain in the existing building if that can be worked out with the potential buyer.
IN V-j
3. The parking supply at the Reading Post Office is a potential community asset that
should be preserved, and we would ask that this be a consideration when the
Postal Service is evaluating proposals for this site. Employee, customer and
emerging residential parking in our downtown area is a critical need.
4. The Board of Selectmen prefers that the entire Postal Service use that exists
currently at the Reading Post Office remain at the Reading Post Office.
We look forward to working with the U.S. Postal Service and its brokers, consultants and
others in making sure that any transition of this site to alternative uses be consistent with
the Town's Master Plan and Zoning Plan for the downtown area of Reading.
Sincerely,
James Bonazoli, Chairman
Board of Selectmen
(5�L)p
o� °FI? Town of Reading
- 16 Lowell Street
Reading, MA 01867 -2685
,6J9jINCORQO�l�
FAX: (781) 942 -9071
Email: townmanager &i.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
April 18, 2013
Joseph J. Mulvey
Facilities Implementation
U.S. Postal Service
2 Congress Street, Room 8
Milford, MA 01757 -9998
Re: Potential Relocation of the Reading MA Post Office facility — 136 Haven Street
Dear Mr. Mulvey:
The Board of Selectmen appreciates receiving various items of correspondence from the
U.S. Postal Service, and your presentation to the Board on April 9, 2013. It is critical that
factual information be given to the community because rumors have been swirling for
almost a year, about the "closing of the Reading Post Office." We also appreciate
receiving the information regarding historical covenants.
The Board of Selectmen is disappointed that only two weeks from the formal
presentation has been given to comment on this plan, but the Board of Selectmen is able
to submit the following comments and understands that there are appeal periods during
the process. -
Given the April 24th deadline from the U.S. Postal Service, the Board of Selectmen has
the following comments:
1. The Board of Selectmen is absolutely adamant that the retail portion of the U.S.
Postal Service remain in the downtown area of Reading. We will commit all Town
resources to assist the Postal Service in finding a suitable location if they are not able to
remain in the existing building.
2. The Board of Selectmen prefers that the remaining retail operation in Reading
remain in the existing building if that can be worked out with the potential buyer.
3. The parking supply at the Reading Post Office is a potential community asset that
should be preserved, and we would ask that this be a consideration when the Postal
(9
Service is evaluating proposals for this site. Employee, customer and emerging
residential parking in our downtown area is a critical need.
We look forward to working with the U.S. Postal Service and its brokers, consultants and
others in making sure that any transition of this site to alternative uses be consistent with
the Town's Master Plan and Zoning Plan for the downtown area of Reading.
Sincerely,
James Bonazoli, Chairman
Board of Selectmen
LEGAL NOTICE
TOWN OF READING
NOTICE OF PUBLIC
HEARING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold public fiear-
Ings on April 23, 2013 In the
Selectmen's Meeting Room, 16 "
Lowell . -Street, Reading.;
Massachusetts on: -
- Setting Water, Sewer and..
Storm Water Rates for FY2014
8:30 P.M.
-Amending Section 2.3.5 of
the -Board of Selectmen's Polity
on the Town Forest'Committee.:
9:00 p.m. •_ ; .
A copy of-the proposed dttc-
uments- regarding these topics
are available In !he* Town
Manager's office, 16 'Lowell
Street, Reading, MA, M -W-
Thurs from 7:30 a.m. - 5:30 "
p.m., Tues :from* 7:30 a.m.
7:00 p.m. and Is attached to the
hearing notice on the websfte at
www.reacringma.gov .
All interested parties are
invited to attend the hearing, or -
may submit their comments yin -
writing -or by email prior to 6.�0 '
p.m. on April 23, 2013 to town-
manager QcLreading.maxs
By order of
Peter 1.-Hechenbielkner
Town Manager
4117
0�5'41
Z3.5 — Town Forest Committee
Town Meeting in 1930 established the "Committee on Re- forestation" which we
now refer to as the Town Forest Committee. Article 4 -10 of the Reading Home Rule
Charter provides for the appointment by the Board of Selectmen of a Town Forest
Committee. The purpose of this policy is to establish the structure and purpose of the
Town Forest Committee.
There is hereby established a 5 member Town Forest committee whose members
shall be appointed for three (3) year terms, so appointed that as close as possible to an
even number of terms shall expire each year. The Board of Selectmen shall give
consideration to applicants with the following credentials when selecting and appointing
members of the Town Forest Committee:
• Knowledge of the community
• Familiarity with and interest in the Town Forest
• Experience with open space preservation and/or land use management
• Interest and knowledge in protection of wildlife habitats, forest ecosystems,
wetlands, trails, outdoor recreation, and soil and water resources.
The Town Forest Committee shall serve as the stewards of the Town owned lands.
owned as the Town Forest land. As stewards of the Town Forest, the Town Forest
Committee shall undertake the following tasks with and in cooperation with appropriate
Town staff:
• With staff and input by the community, coordinate the development of a Town
Forest Stewardship Plan and a Town Forest Master Plan which will act as guides
in future decision making.
• Maintain ongoing files of information pertaining to the Town Forest, using the
most current available technology.
• Develop and adopt rules and regulations for the Town Forest.
• Coordinate scheduling as appropriate for the use of all or a portion of the Town
Forest by various community groups
The Town Forest Committee shall administratively fall under the Department of
Public Works. Staff as available shall be assigned by the Town
Manager to work with the Town Forest Committee.
Adopted 6122110
09 sties
Bidder Record Sheet
50 Lothrop Road Bids
. April 10, 2013
Company Bid
David Chuha $305,000
Jim Lordan $275,000
Brandon Goyette $265,000
Ronald Iapicca $254,000
o--z-q SKI
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (this "Agreement ") by and between the Town of Reading,
with offices at 16 Lowell Road, Reading, Massachusetts, 01969 01867 (the "Town ") and Chuha
Construction Company, Inc., with offices at 44 Bryant Street, Malden, MA 02148, (the
"Purchaser ").
The Board of Selectmen of the Town of Reading has been authorized, pursuant to the vote under
Article 18 of the Subsequent (Special) Town Meeting of 2011, convened on November 14, 2011
to sell a certain parcel of land located at 50 Lothrop Road, Reading, MA, Parcel ID 9 -3 and
The Town has complied with all applicable legal requirements concerning such sale, including
the issuance of a request for proposals pursuant to M.G.L. c. 30B, §16, a true copy of which is
attached hereto as Exhibit 1 and incorporated herein by reference (the "RFP "); and
The Purchaser submitted a proposal in response to the said request for proposals (the
"Proposal "), which the Town has determined to be the most advantageous of the proposals
submitted in response to the RFP; and
The Town desires to sell and Purchaser desires to purchase the Premises in conformity with the
terms of the RFP and the Proposal, and subject to the terms and conditions set forth herein.
In consideration of the promises set forth above, and the mutual promises set forth below, and for
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, which consideration includes but is not limited to the seal, the parties, intending
to be legally bound, hereby agree as follows:
1. PURCHASE AND SALE. The Town of Reading, a Massachusetts municipal corporation
having a usual place of business at 16 Lowell Street, Reading, Massachusetts 01867, acting by
and through its Board of Selectmen, hereby agrees to sell, and Purchaser hereby agrees to
purchase, upon the terms hereinafter set forth, the Premises, consisting of the land, together with
the buildings and structures thereon, if any, described in Exhibit 1 hereto, which description is
incorporated herein by reference.
2. TITLE DEED; NO REPRESENTATIONS OR WARRANTIES. The Premises are to be
conveyed by a quitclaim deed running to Purchaser, or to the nominee designated by Purchaser
by written notice to the Town at least seven days before the deed is to be delivered as herein
provided. The Town makes NO REPRESENTATION OR WARRANTY by said deed or hereby
or otherwise that the title conveyed shall be good, clear or marketable title thereto; or that the
Premises may be used for any particular purpose; or that the Premises complies with any
applicable laws, statutes, codes, regulations or other legal requirements; or that the Premises will
be assessed for purposes of real estate taxes on the basis of the purchase price set forth herein; it
being understood that Purchaser shall accept the Premises "AS IS, WHERE IS." However, the
Purchaser shall only be required to purchase the Premises if the same has good, clear record and
marketable title, subject only to matters of record which do not interfere with the Purchaser's
proposed development of the Premises. In the event Purchaser's title examination discloses title
deficiencies in said parcel or any portion of the remainder of said land to be included in the
conveyance the Town agrees to use reasonable efforts and due diligence, in cooperation with the
ososA(v
Purchaser, to clear or perfect said defective titles in a timely manner. For purposes of this
paragraph, "reasonable efforts and due diligence" shall not require the Town to spend more than
$1,000, including reasonable attorneys' fees. The terms of this paragraph shall survive the
delivery of the deed.
3. PURCHASE PRICE. The agreed purchase price for the Premises is Three hundred and
five thousand dollars ($305,000) of which ten per cent, thirty thousand five hundred ($30,500) is
to be paid upon the signing of this Agreement and the balance, two hundred seventy four
thousand five hundred dollars ($274,500.00) is to be paid at the time of delivery of the deed in
cash, bank, or certified checks. All checks shall be made payable to the "Town of Reading ".
4. DEPOSIT. All deposits made hereunder shall be held by the Town Treasurer in an
interest - bearing account using the Town's tax ID number and shall duly be accounted for at the
time of performance of this Agreement. It is agreed that in the event the sale is consummated, all
accrued interest on said deposits shall be divided equally between the Town and the Purchaser.
In the event the Purchaser lawfully withdraws from this Agreement, the entire deposit plus all
accrued interest shall be refunded to Purchaser forthwith and in such event this Agreement shall
become null and void without further recourse to the parties hereto. In the event the Purchaser
defaults, all accrued interest shall be paid to the Town together with the deposit, as set forth in
Paragraph 10, below.
The terms of this paragraph shall survive the delivery of the deed.
5. TIME' FOR CLOSING. Such deed is to be delivered at the Registry of Deeds, unless
otherwise agreed upon, on May 15, 2013 at 11:00 a.m.
6. TOWN'S RIGHTS. If the Town shall be unable to give title or to make conveyance, or
to deliver possession of the Premises, all as herein stipulated, the Town shall use reasonable
efforts to remove any defect in title, or to deliver possession of the Premises, as the case may be,
in which event the Town shall give written notice thereof to Purchaser ai or before the time for
performance hereunder, and thereupon the time for performance hereof shall be extended for a
period of ninety (90) days. As set forth in Paragraph 2, above, "reasonable efforts" shall not
require the Town to expend more than $1,000, including reasonable attorneys' fees.
7. FAILURE TO CURE. If at the expiration of any extended time the Town shall have
failed so to remove any defects that required said extension, then any payments made under this
agreement and all accrued interest shall be forthwith refunded and all other obligations of all
parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto.
8. PURCHASER'S ELECTION. If the Town shall not be able to deliver possession of and
title to the Premises as herein provided, then Purchaser shall have the election at either the
original or any extended time for performance to accept such title and possession as the Town
can deliver. If Purchaser so elects, it shall pay the full sales price.
_ ",_ .
• u_• _ Is _•
_ _•
Z
10. ACCEPTANCE. The acceptance of a deed by Purchaser or its nominee as the case may
be, shall be a full performance in discharge and release of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed after the
delivery of said deed.
11. PURCHASER'S DEFAULT. If Purchaser shall fail to fulfill Purchaser's agreements
herein, all deposits made hereunder by Purchaser and all accrued interest thereon shall be
retained by the Town as liquidated and exclusive damages for any breach of this Agreement by
Purchaser.
12 CONSTRUCTION. This instrument is to be construed as a Massachusetts contract, is to
take effect as a sealed instrument, sets forth the entire contract between the parties, is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors,
administrators, successors and assigns, and may be canceled, modified or amended only by a
written instrument executed by both the Town and Purchaser. The captions and marginal notes
are used only as a matter of convenience and are not to be considered a part of this Agreement or
to be used in determining the intent of the parties to it. The parties agree that in any action
concerning this Agreement the rule of contractual interpretation that ambiguities shall be
construed against the draftsman shall not be applied. The terms of this paragraph shall survive
the delivery of the deed.
13 "AS IS, WHERE IS ". Purchaser acknowledges that Purchaser has not relied upon any
warranties or representations of the Town or of any person acting on behalf of the Town, and that
Purchaser agrees to purchase the Premises "AS IS, WHERE IS," with no liability on the part of
the Town for any condition or defect of the Premises, whether or not known to exist by the Town
or any representative of the Town. The terms of this paragraph shall survive the delivery of the
deed.
14. INCORPORATION BY REFERENCE. All of the terms and conditions set forth in the
IFB with respect to the sale of the Premises and Purchaser's Proposal in response thereto are
hereby incorporated herein by reference, including any restrictions on the use of the Premises set
forth in the RFP.
15 TAXES. Pursuant to G.L. c. 44, §63A, Purchaser shall pay, at the time of the closing, a
sum of money representing real property taxes due on the Premises during the balance of the
municipal fiscal year (which runs from July 1 to June 30) and, if the closing occurs during the
second half of the fiscal year, Purchaser shall pay the taxes due on the premises for the whole of
the next fiscal year as well. Such taxes shall be paid pursuant to a pro forma tax bill to be issued
by the Town and delivered at the closing to Purchaser and calculated on the basis of the purchase
pace.
3 ��
IMF M. Loll N&VA RIIIN-W.
INS
10. ACCEPTANCE. The acceptance of a deed by Purchaser or its nominee as the case may
be, shall be a full performance in discharge and release of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed after the
delivery of said deed.
11. PURCHASER'S DEFAULT. If Purchaser shall fail to fulfill Purchaser's agreements
herein, all deposits made hereunder by Purchaser and all accrued interest thereon shall be
retained by the Town as liquidated and exclusive damages for any breach of this Agreement by
Purchaser.
12 CONSTRUCTION. This instrument is to be construed as a Massachusetts contract, is to
take effect as a sealed instrument, sets forth the entire contract between the parties, is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors,
administrators, successors and assigns, and may be canceled, modified or amended only by a
written instrument executed by both the Town and Purchaser. The captions and marginal notes
are used only as a matter of convenience and are not to be considered a part of this Agreement or
to be used in determining the intent of the parties to it. The parties agree that in any action
concerning this Agreement the rule of contractual interpretation that ambiguities shall be
construed against the draftsman shall not be applied. The terms of this paragraph shall survive
the delivery of the deed.
13 "AS IS, WHERE IS ". Purchaser acknowledges that Purchaser has not relied upon any
warranties or representations of the Town or of any person acting on behalf of the Town, and that
Purchaser agrees to purchase the Premises "AS IS, WHERE IS," with no liability on the part of
the Town for any condition or defect of the Premises, whether or not known to exist by the Town
or any representative of the Town. The terms of this paragraph shall survive the delivery of the
deed.
14. INCORPORATION BY REFERENCE. All of the terms and conditions set forth in the
IFB with respect to the sale of the Premises and Purchaser's Proposal in response thereto are
hereby incorporated herein by reference, including any restrictions on the use of the Premises set
forth in the RFP.
15 TAXES. Pursuant to G.L. c. 44, §63A, Purchaser shall pay, at the time of the closing, a
sum of money representing real property taxes due on the Premises during the balance of the
municipal fiscal year (which runs from July 1 to June 30) and, if the closing occurs during the
second half of the fiscal year, Purchaser shall pay the taxes due on the premises for the whole of
the next fiscal year as well. Such taxes shall be paid pursuant to a pro forma tax bill to be issued
by the Town and delivered at the closing to Purchaser and calculated on the basis of the purchase
pace.
3 ��
16 EXECUTION OF DOCUMENTS. Purchaser or, at the Town's election, any nominee of
Purchaser under 12 hereof, shall execute and deliver any and all documents which the Town
may reasonably request be so executed and delivered in connection with the transaction
contemplated hereby, and shall do so promptly upon receiving such request, whether at or before
the time of closing, including without limitation an affidavit pursuant to M.G.L. c. 60, §77B and
a disclosure of beneficial interest form pursuant to M.G.L. c. 7, §40J. The Town shall cause to
be executed and delivered at the Closing any and all documents reasonably and customarily
required by the Purchaser's institutional lender or the Closing attorney, provided that any
representations set forth therein are true. The terms of this paragraph shall survive the delivery
of the deed.
17 NOTICE. Any notice or other communication hereunder shall be deemed to have been
duly given (a) when hand delivered or (b) two (2) days after having been mailed by registered or
certified mail, return receipt requested, postage and registration or certification charges prepaid,
as follows:
if to the Town to: Peter Hechenbleikner
Town Manager
16 Lowell Street
Reading Massachusetts 01867
with a copy to: Judith Pickett
Brackett & Lucas, Counselors at Law
19 Cedar Street
Worcester, MA 01609
if to Purchaser: Chuha Construction Company, Inc.
44 Bryant Street
Malden, MA 02148
Attn: David M. Chuha
with a copy to:
or to such other address or addresses as may from time to time be designated by either party by
written notice to the other. The terms of this paragraph shall survive the delivery of the deed.
18 STANDARDS. Any matter or practice arising under or relating to this Agreement which
is the subject of a practice or title standard of the Massachusetts Real Estate Bar Association
shall be governed by such standard to the extent applicable. The terms of this paragraph shall
survive the delivery of the deed.
19. BROKER. The Town and Purchaser represent and warrant to each other that they have
not contacted any real estate broker in connection with this transaction and were not directed to
each other as a result of any services or facilities of any real estate broker. Each party (the
"Indemnifying Party ") agrees to indemnify the other party (the "Indemnified Party ") and to hold
the Indemnified Party harmless from any claim, loss, damage, cost or liability for any brokerage /
SV
33
4
commission or fee asserted against the Indemnified Party as a result of any breach of the
representations and warranties set forth in this paragraph by the Indemnifying Party. The terms
of this paragraph shall survive the delivery of the deed.
20. FIDUCIARY LIABILITY. If the Purchaser executes this Agreement in a representative
or fiduciary capacity, only the principal or the Estate represented shall be bound, and neither the
person so executing for the Purchaser, nor any shareholder or beneficiary of any trust, shall be
personally liable for any obligation, express or implied, hereunder. Under no circumstances shall
the Selectmen or the Town Administrator be personally liable for the Town's obligations
hereunder.
21. ADDITIONAL PROVISIONS. I have received a copy of the Purchase and Sale
Agreement. This is a legally binding contract. If not understood, seek competent advice.
WITNESS OUR HANDS AND SEALS on and as of the date set forth above.
SELLER:
TOWN OF READING,
Acting by and through its
Board of Selectmen
By:
By:
By:
By:
By:
James E. Bonazoli, Chairman
John Arena
Ben Tafoya
Daniel A. Ensminger
Marsie K. West
6
.8
CHUHA CONSTRUCTION COMPANY,
INC., Purchaser
IM
David M. Chuha, President
LETTER OF INTENT
April 23, 2013
The Archdiocese of Boston
66 Brooks Drive
Braintree, MA 02184
Re: St. Agnes Church, 172 -186 Woburn Street, Reading, MA
Dear
This Letter of Intent (LOI) is prepared for the purpose of summarizing the terms and conditions of a proposed
purchase and sale between the Archdiocese of Boston (Seller) and the Town of Reading (Buyer) of the above
referenced premises.
1. Premises
The Premises consists of the fee simple interest in a certain parcel of land, located at 172A Woburn Street, Reading,
Massachusetts, containing approximately 45,779 square feet, as well as the building and fixtures located thereon;
and all easements, licenses, permits, agreements, rights -of -way and appurtenances to the Premises and
improvements, with said land being more particularly shown as Lot A -2 on the proposed Approval Not Required
(ANR) Plan attached hereto and incorporated herein as Exhibit A.
2. Purchase Price
The Purchase Price for the Premises shall be One Million Four Hundred Dollars ($1,400,000.00).
3. Closing Date
The anticipated closing date is November 1, 2013.
4. Purchase and Sale Agreement Date
Mutually satisfactory Purchase and Sale Agreement to be executed on or before five (5) business days after the date
of the latter to occur of the following:
a. Approval of a warrant article by Reading Town Meeting to be held in September, 2013,
authorizing the purchase and the borrowing of funds by the required two- thirds (Z /3's) majority
vote. (M.G.L. c. 40, §14);
b. Approval by the voters of the Town of Reading in a special election to be held in September or
October, 2013, to exclude the borrowing authorization from the Proposition 2'/� levy limits by the
required majority vote. (M.G.L. c. 59, §21C(k));
C. Compliance by Buyer with the provisions of M.G.L. c. 30B, §16 governing unique acquisition of
real property;
d. Seller shall have the right to terminate this agreement if buyer has not secured by August 1, 2013
written documentation from the Zoning Officer or the Zoning Board of Appeals that the parking
spaces on the seller's property combined with the parking spaces available to the seller on the
buyers property, based on section 5 a of this agreement, is sufficient to satisfy the parking
requirements of the Zoning Bylaw.
e. Approval of the terms of this LOI by the College of Consultors and Finance Counsel of the Seller
in accordance with the Canon Code Law of the Roman Catholic Church (Canonical Approvals).
5. Provisions to be Contained Within the Purchase and Sale Agreement
At a minimum, the aforementioned Purchase and Sale Agreement shall contain the following provisions:
a. Buyer shall purchase the Premises in its "as is" condition, subject to good clean, record and
marketable title and an acceptable 21E Contamination Assessment, all at cost and expense of
Buyer;
b. The Seller will be responsible for payment of any mortgage discharge costs;
C. If Buyer sells the Premises within three (3) years after the date of its purchase, Buyer and the
Seller shall equally share any proceeds in excess of a ten percent (10 %) increase in value for each
year subsequent to the purchase, after the cost of purchase, brokerage fees and other costs of
conveyance and the cost of any improvements have been subtracted.
d. Buyer agrees that the Premises being purchased, for a period of ninety (90) years from the date the
deed is recorded transferring title to the Buyer, will not be used for any of the following purposes:
(i) church, chapel or other house of worship; (ii) abortion clinic; (iii) operation of professional
counseling services which advocates abortion or euthanasia; (iv) operation of any embryonic stem
cell research; or (v) a charter school, and that such restrictions shall be set forth in the deed
transferring title to the Buyer.
e. Buyer will own, maintain and plow the parking area on the Premises but will make the parking
area available to the Seller for weekend services and Holy days as follows:
Saturday3:00 p.m. — 6:00 p.m.
Sunday 6:30 a.m. — 1:00 p.m.
4:30 p.m. — 7:30 p.m.
Christmas Day
Other days and times agreed upon from time to time between buyer and seller
The Seller shall retain in the deed of conveyance the exclusive right to use not less than 45 parking
spaces on the premises in the area marked as " it on the ANR Plan
attached hereto, such parking rights shall be limited to the above dates and times:.. Seller also
retains the right of five- one way vehicular access and the two pedestrian stairways to and from
that parking area. The Buyer may change the layout of the vehicular access, but shall see that there
is adequate two -way vehicular access between the parking area and Woburn Street. The Buyer
shall plow the parking area and the access ways. The parties acknowledge that there are currently
61 parking spaces on the property intending to be sold. As a consequence of this sale, the Seller
will retain the right to use at least 45 parking spaces, resulting in a potential net loss to the Seller
of up to 16 spaces. Because this transaction would result in up to 16 fewer parking spaces being
available for the use by the Seller for the benefit of its retained property at 184 -186 Woburn Street
( "Retained Property"), and because as a result of this transfer at least 45 parking spaces being used
by the Seller would be on the property being conveyed (no longer being on the Seller's land), prior
to the closing the Buyer shall obtain a formal determination or variance from the Zoning Officer or
the Reading Zoning Board of Appeals that the number of parking spaces available to the Seller for
the continued current use of the Retained Property is sufficient to meet the applicable parking
requirements for that current use under the Reading Zoning By -Law. .
g. Prior to formal conveyance, and upon execution of a LOI by both parties, the Seller will ensure
Buyer's right of access to the Premises at reasonable times and with reasonable advance notice for
the purposes of examination, inspection, test borings (if needed) and related activities required for
design and engineering purposes. No construction activities will occur until the Premises are
formally conveyed to Buyer. Additionally, Buyer shall indemnify and hold Seller harmless form
all costs, damages and liabilities associated with or arising from said access and said access shall
not interfere with the rights of any tenant to quiet enjoyment of the Premises. After completion of
any examination, inspections, and test borings, Buyer shall restore the Premises to the existing
conditions prior to said examination, inspection, or test borings.
Buyer shall fund, up to a maximum of $40,000, the cost of bringing a natural gas supply to the
Premises in a capacity adequate for the Seller to connect at the Seller's expense into the gas supply
for the existing St. Agnes Church and other related accessory buildings.
As part of the site development, Buyer will develop plans and work with Seller to address long
standing issues related to the difficult access to the Premises which also serves as access /egress for
the St. Agnes Church site.
Buyer will allow use of the Premises, at no cost, by the Seller for CCD and- similar classes on a
priority basis after the needs of the School Department and the Town of Reading are addressed.
The Seller will be responsible for any unpaid real estate property taxes, water and sewer bills as of
the date of the closing. In the event the current commercial tenant vacates the Premises on or
before June 30, 2013, the end of the FY 2013 tax period, Buyer shall use its best efforts to insure
that no further real estate tax bills are assessed for the commercial use of the Premises and, if real
estate tax bills are assessed for the period beyond July 1 2013 and up until November 1, 2013 or
any extension of said date, Buyer shall be responsible for payment.
Buyer will pay the Seller, or provide a credit, at closing, in the amount of $ 5995 per month,
representing lost rental income from July 1, 2013 until the date of the closing, November 1, 2013,
or any extension of said date. The maximum payable by Buyer under this provision shall not
exceed ten percent (10 %) of the purchase price. If the commercial tenant remains in the Premises
during this time period, it is expeeted -that such tenant shall be responsible for the rent during the
time period that they occupy the premises and Buyer shall have no liability for payment for that
time period under this section. If Buyer is unable to close by November 1, 2013, and that date is
not extended by mutual agreement, Buyer shall have no liability to reimburse the Seller for lost
rent after that date.
6. Notices
All notices and communications provided for herein shall be in writing and shall be sent to the attention of the
designated parties at the following addresses:
If to Seller:
The Roman Catholic Archbishop of Boston
66 Brooks Drive
Braintree, Massachusetts 02184
Fax No.: (617) 783 -4564
Attention: Chancellor
With a copy to:
The Roman Catholic Archbishop of Boston
66 Brooks Drive
Braintree, Massachusetts 02184
Fax No.: (617) 783 -4564
Attention: General Counsel
If to Buyer:
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
With a copy to:
Superintendent of Schools
62 Oakland Road
Reading MA 01867
7. Time is of the Essence
Time is of the essence of this Agreement.
8. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
9. Authority
Seller and Buyer represent that the undersigned have been duly authorized and instructed to execute this LOI to
commit to and consummate this transaction.
Sincerely,
Town of Reading
By: Peter I. Hechenbleikner
Its: Manager
Accepted by the Seller this day of
Archdiocese of Boston
By:
Its:
By: John Doherty
Its: Superintendent of Schools
2013.
Schena, Paula
From:
Hechenbleikner, Peter
Sent:
Wednesday, April 10, 2013 4:10 PM
To:
Schena, Paula
Subject:
FW: Pleasant St. Center
Fat Board of Selectmen 4 -23
Peter I. Nchenbleikner
Town Man er
Town of Rea g
16 Lowell Stree
Reading MA 0186
Please note new Town II Hours effective June 7, 2010:
Monday, Wednesday and ursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.
Friday: CLOSED
phone: 781 - 942 -9043
fax 781 - 942 -9071
web www. reading ma,gov
email town manager .ci.reading.ma.us
Please let us know how we are doing - fill out ouN.,brief customer service survey at http: / /readingma-
survev.virtualtownhall .net/survev /sid /19ab55aedO8 c96/
From: Carol Oniskey [ma ilto: con iskey @verizon.net]
Sent: Tuesday, April 09, 2013 3:14 PM
To: Hechenbleikner, Peter
Cc: 'Carol Oniskey'; 'Erica Deane'
Subject: Pleasant St. Center
Peter,
In keeping with the current re- modeling and re- naming of the Reading Senior Center to the Pleasant St. Center- "A
gathering place for Seniors'; I would like to request the Selectmen's approval to -re -name the Great Room.
As you know, Sally Hoyt has been an integral part of the Reading community for the better part of her adult life. She
served on the Board of Selectmen for many years and started the Silver Legislature. Sally has been a member of the
Council on Aging since 2004 and has been a driving force behind many issues dealing with seniors. I would like to ask
that the Great Room be re -named to the "Sally M. Hoyt Great Room ".
Back in the fall of 2012, the COA discussed this issue during a meeting where Sally was absent. The feeling overall was
that this would be an appropriate way in which to recognize Sally's contributions to the community. Realizing that Sally
has reached the milestone of age 90, 1 would ask that we approach the Selectmen with this idea soon, but also that we
keep this out of the public forum in order that we may surprise Sally at our COA meeting in May. The Council would also
like to plan an official plaque dedication sometime in June.
Thank you for your time and consideration.
Carol Oniskey
Chair- Reading Council on Aging