Loading...
HomeMy WebLinkAbout2013-05-21 Board of Selectmen PacketJames E. Bonazoli, Chairman John Arena, Vice Chairman Town of Read i n Ben Tafoya, Secretary ECEIVED -- Daniel Ensminger 16 Lowell StreetowN CLERK Marsie West G. MASS. Reading, MA 01`$67 BOARD OF SELECTMEN (781) 942 -9043 1013 MAY I b P 1= bbl ` FAX: (781) 942 -9071 Website: www.ci.reading.ma.us NOTICE OF MEETING —BOARD OF SELECTMEN REVISED DATE: May 21, 2013 CALL TO ORDER: 7:00 p.m. PLACE: Selectmen's Meeting Room 16 Lowell Street, Reading, Massachusetts 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation a. Recognition of Reading Members of Rapid Response Team b. Proclamation Police Memorial Week 4) Personnel & Appointments a. MAPC Member Update 5) Discussion /Action Items a. Approval of Town Manager Contract Effective June 1, 2013 b. Close Warrant for State Election — June 25th C. Request for Installation of Shed at Morton Field — Reading Baseball Club d. Review /Approve Outdoor Dining License for Portland Pie, 56 Haven Street e. Authorizing Payment of Legal Settlement as Authorized by Town Meeting — TLT f. Confirmatory Vote by the Board of Selectmen Re: Eminent Domain Taking of Pearl Street g. Signing of Revised Deeds — Pearl Street/ Audubon Road h. Review Remote Participation for Public Meetings (per Open Meeting Law) 6) Approval of Minutes a. April 23, 2013 7:45 7:30 7:55 8:00 8:30 8:45 8:50 8:55 9:00 7) Licenses, Permits and Approvals a. Peddler's License issued to Tony's Ice Cream as a Mobile Ice Cream Vendor 8) Executive Session 9) Correspondence copy a. Tracking of Legal Services copy b. Email from Lauren Barnes from Bradley Jones office re: Final Medical Marijuana Regulations copy C. Commentary entitled "The writing on the wall in Reading: The Postal Service pulls a fast one" copy d. Press Release from the Office of the Attorney General Re: "Two Arrested in Connection with Extensive Criminal Enterprise Involving Human Trafficking" copy e. Correspondence from Town Engineer George Zambouras to Bayside Engineering re: Main Street (Route 28) and Hopkins Street Roadway Safety Audit copy f. Letter of resignation from Phil Pacino indicating he will not be seeking reappointment to the Bylaw Committee g. Correspondence from Boy Scout Troop 702 Re: Reading Town Forest Rules Changes h. Correspondence from John Stempeck, Chairman of the RMLB re: Rubin and Rudman letter Note: This Agenda has been prepared in advance and does not necessarily include all matters which may be taken up at this meeting. 2013 SELECT]& AGENDAS 213 Staff Estimated Responsibility Start time future agendas Review license and permit fees Policy on Trust Fund Commissioners Discuss driveway width issues. Strout Avenue Master Plan - after Town Forest planning work is done Develop policy on affordable housing. DPW site issues Follow up on AHTF Bandstand Adopt new Traffic and Parking Regulations Consideration of Class 2 MV license - Global gas station. MAPC member update Sadwick 7:30 Recognition of Reading Members of RRT Arena 7:45 Approval of Town Manager's contract Tafoya /Arena Close Warrant for Special Election 6/25 LeLacheur 7:55 Request for installation of shed at Morton Field - Reading Baseball Club Feudo 8:00 Review /approve outdoor dining license for Portland Pie, 56 Haven Street Hechenbleikner/D elios 8:30 Authorizing payment of legal settlement as authorized by Town Meeting - TILT HechenbleiknerB rackett 8:45 Confirmatory vote by the Board of e ec men re eminent domain taking of Pearl Street Hechen ei ner i ckett 8:50 igning o revise deeds - ear Street/Audubon Road ec en ei er i ckett 8:55 Review remote participation for public meetings (per Open Meeting Law) Hechenbleikner 9:00 May 23, ' 2013 -PH Retirement dinner no meetings June , 0,1 Office Hour Dan Ensminger 6:30 Hearing FY 2014 Compensation Plan Roberts Hearing jAmendment to Personnel Policies Roberts Hearing Change of Officers /Stockholders - Macaroni Grill LeLacheur Consideration of All Way stop, Birch Meadow Drive and Oakland Road. Zambouras Discussion - street numbering Zambouras Review Goals LeLacheur Consideration of all way stop - Sunnyside and Fairview Zambouras 9:00 June 18 2013 Town Accountant Quarterly meeting Angstrom Appointments of Boards, Committees, Commissions LeLacheur Appointment of Town Counsel Further discussion - Traffic Rules and Regulations Martel Office Hour Marsie West 6:30 Review Customer Service Survey results. Award Bids for the purchase of 2 Audubon Road Office Hour Ben Tafoya 6:30 Review final drainage studies Zambouras Preview Subsequent Town Meeting Preview Special Town Meeting warant September 4 & 5 Rosh Hashanah - NO MEETINGS Office Hour John Arena 6:30 CAB member update Town Accountant Ouarterlv meeting Close STM Warrant November 12, 2013 - Subsequent Town Meeting Ino meetings November 14, 2013 - Subsequent Town Meeting no meetings November 18, 2013 - Subsequent Town Meeting no meetings x r.17, 013 Town Manager Performance Evaluation, establish FY 2015 salary °FR. Town of Reading b 16 Lowell Street ,s'9tlNCORQO o Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: May 16, 2013 RE: Agenda — May 21, 2013 I will be at the Lion's Club Monthly Dinner until about 8:00 p.m. Bob will be handling the agenda up until that point. 3a) Two of the three members of the Reading Police Department who are members of the Rapid Response Team will be present to briefly talk to the Board about what their roles were in the events beginning with the Marathon bombing. There are certificates in the packet for each of them. 3b) The week of May 13`h is Police Memorial Week. This proclamation will be a little bit late but heartfelt I'm sure. 4a) Steve Sadwick, Reading's MAPC representative, will be in for his semiannual update to the Board of Selectmen on MAPC activities. 5a) In the packet is the proposed contract with Bob LeLacheur for Town Manager services beginning June 1, 2013. Selectmen Tafoya and Arena met with the Town Manager designee to address details of the contract. Human Resource Administrator Carol Roberts and Town Counsel Gary Brackett have been involved in the drafting of the contract. 5b) The Board needs to close the Warrant for the Special Election on June 25`h. 5c) In your packet is material from Reading Baseball Club requesting installation of a shed at Morton Field. The Birch Meadow Master Plan does not include such a facility and we do not have them at any other baseball fields in Reading. 5d) Portland Pie will be in to request the approval of their outdoor dining license. The liquor license includes outdoor service, and the Community Services Director /Town Planner, Town Engineer and I have reviewed the plan and it reflects some minor modifications from what was previously approved. 5e) Town Counsel has prepared the motion and documents for the legal settlement between the Town and TLT as authorized by Town Meeting. These need to be signed by the Board of Selectmen on Tuesday night, and the check has been prepared. 5f) In the eminent domain taking of Pearl Street, there was a Scribner's error — the "Town of Rowley" was inadvertently inserted for the Town of Reading. This confirmatory vote to take these portions of Pearl Street by eminent domain will be filed by Town Counsel on Wednesday. 5g) Because the confirmatory eminent domain taking of Pearl Street has changed, new deeds have been prepared for the two minor parcels on Pearl Street and these also need to be signed. We will destroy the previous deeds that the Board had signed. 5h) The Board indicated that it had wanted to review the issue of remote participation of public meetings. Included in your packet is a document which includes the pertinent sections of the Open Meeting Law, the pertinent sections of the Open Meeting Law Regulations, and the pertinent sections of the frequently asked questions from the Attorney General's website. The Board will need to decide whether or not it wants to allow remote participation (the Board previously agreed not to allow it at that time) and if it does wish to allow it, the Board will need to establish regulations for all bodies of the Town. PIH/ps Wp Certificate of Recognition This Certificate is hereby awarded to Pofice Officer Watthew Edson For outstanding service to the Town of Reading, the City of Boston, and surrounding communities for his response to the Boston Marathon Bombing on April 15, 2013 and related events over the following several days, resulting in the apprehension of suspects in the case. JOB WELL DONE! Given this 21st day of May, 2013 by the Reading Board of Selectmen W P� Certificate of Recognition This Certificate is hereby awarded to PoCice Officer Wichael Titzgerafif For outstanding service to the Town of Reading, the City of Boston, and surrounding communities for his response to the Boston Marathon Bombing on April 15, 2013 and related events over the following several days, resulting in the apprehension of suspects in the case. JOB WELL DONE! Given this 21st day of May, 2013 by the Reading Board of Selectmen Certificate of Recognition This Certificate is hereby awarded to (PoCice Officer Wichaef Lee For outstanding service to the Town of Reading, the City of Boston, and surrounding communities for his response to the Boston Marathon Bombing on April 15, 2013 and related events over the following several days, resulting in the apprehension of suspects in the case. JOB WELL DONE! Given this 21st day of May, 2013 by the Reading Board of Selectmen PROCLAMATION NATIONAL PEACE OFFICERS MEMORIAL WEEK. Whereas: Emergencies can occur at any time that require the police; and Whereas: When an emergency occurs, the prompt response of Police Officers is critical to the protection of life and preservation of property; and Whereas: The safety of our Police Officers is dependent upon the quality and accuracy of information obtained from citizens who telephone the Reading Public Safety Communications Center; and Whereas: Reading Police Officers are a crucial contact point between our citizens and emergency services; and Whereas: May 15th is National Peace Officers Memorial Day honoring those men and women who gave the ultimate sacrifice; and Whereas: Police Officers of the Reading Police Department have contributed substantially to the prevention of crime and the apprehension of criminals, and play an essential role in safeguarding the rights and freedoms of Reading citizens; and Whereas: Members of the Reading Police department exhibit compassion, understanding and the highest standards of professionalism in the performance of their jobs; and Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of May 12 — May 18, 2013 as National Peace Officers Memorial Week in the Town of Reading in honor of the men and women whose dedication and professionalism keep our Town and citizens safe. THE BOARD OF SELECTMEN James E. Bonazoli, Chairman John Arena, Vice Chairman Ben Tafoya, Secretary Marsie K. West Daniel Ensminaer EMPLOYMENT AGREEMENT BETWEEN TOWN OF READING AND ROBERT LELACHEUR FOR SERVICES AS TOWN MANAGER THIS AGREEMENT, pursuant to Chapter 41, Section 108N of the Massachusetts General Laws, made and entered into this day of May 2013, by and between the Town of Reading, a municipal corporation having a principal place of business at Town Hall, 16 Lowell Street, Reading, Massachusetts, 01867, hereinafter called the "Town," acting by and through its Board of Selectmen, hereinafter called "Board" and Robert LeLacheur of 47 County Road, Reading, Massachusetts, 01867, hereinafter called "LeLacheur ", as follows: WITNESSETH: WHEREAS, the Town desires to employ the services of said Robert LeLacheur as Town Manager of the Town of Reading. WHEREAS, the Board, under Chapter 41, Section 108N of the General Laws, may contract with LeLacheur for such services; WHEREAS, it is the desire of the Board to contract for the salary and benefits of said LeLacheur as Town Manager; WHEREAS, it is the desire of the Board to retain the services of LeLacheur as the Town Manager, and to provide inducement for him to remain in such employment; and WHEREAS, Robert LeLacheur, agrees to accept employment as Town Manager of said Town. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section I, Functions and Duties of the Town Manager. The Town hereby offers to employ said Robert LeLacheur as Town Manager of said Town, and LeLacheur accepts said offer. LeLacheur shall perform the duties as defined in Town of Reading Home Rule Charter. sc,-A Section II, Term. This Agreement shall become effective June 1, 2013, and shall be in full force and effect until June 30, 2014. The Agreement shall be for a term of thirteen (13) months and shall be binding on the Town and LeLacheur in each year of its duration. Section III, Termination and Severance Pay. A. If the Board of Selectmen wishes to terminate the services of LeLacheur prior to the expiration of this agreement, the provisions of the Town of Reading Home Rule Charter, Section 5 -5, shall be used. B. In the event LeLacheur is terminated by the Town prior to the expiration of the term of this Agreement, the Town agrees that it shall pay to LeLacheur a lump sum cash payment equal to three (3)months aggregate salary, which amount shall be paid to LeLacheur on or before the effective date of termination of his employment; provided, however, that in the event LeLacheur is terminated for negligence, malfeasance, gross misconduct in office or just cause, the Town shall have no obligation to pay the aggregate severance sum provided for in this paragraph. C. In the event LeLacheur voluntarily terminates his position with the Town before the expiration of the term of this Agreement, LeLacheur shall give the Town two (2) months' written notice in advance, unless the parties agree otherwise. A copy of the resignation shall be filed with the Town Clerk. Section IV, Salary. A. The Town agrees to pay LeLacheur for services rendered under this Agreement effective June 1, 2013, and continuing through June 30, 2014, a salary based upon an annual base salary of $140,000, subject to applicable withholdings and deductions, payable in installments at the same time as other employees of the Town are paid. B. If this Agreement is extended under Section XII, the Town agrees to pay LeLacheur for services rendered under this Agreement to be effective July 1, 2014, and continuing through June 30, 2016, an annual base salary of $140,000, plus an annual cost of living percentage increase equal to that given to non -union department supervisors plus an additional annual equivalent increase for a step increase (2 %) in pay, payable in installments at the same time as other employees of the Town are paid. Section V, Town Manager Evaluation. A. The Board shall review and evaluate LeLacheur no later than December of each year, with the first evaluation taking place in December 2013. Said review and evaluation shall be based on the goals and objectives developed jointly by the Board and LeLacheur. Page 2 of 7 S°`' Further, the Chairman of the Board shall provide LeLacheur with a summary written statement of the evaluation findings of the Board and shall provide an adequate opportunity for LeLacheur to discuss his evaluation with the Board. B. Annually the Board and LeLacheur shall define the goals and objectives which they determine necessary for the proper operation of the Town and the attainment of the Board's policy objectives, and shall further establish a general priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limits specified and within the annual operating and capital budgets and appropriations provided by the Town and the events that have occurred during the year. Section VI, Hours of Work. LeLacheur will devote full time and attention to the business of the Town and will not engage in any other business during office hours, except with the written approval of the Board. It is recognized that LeLacheur must devote a great deal of time outside of normal office hours to the business of the Town, and that, as a result, LeLacheur will have the ability to adjust his normal office hours accordingly as he deems appropriate. Section VII, Health Insurance, Vacation, Holidays, Sick Leave, Funeral Leave, Jury Duty and Disability Insurance. A. The Town shall provide LeLacheur a health insurance policy identical to other Town employees. The Town's contribution toward such health insurance policy shall be the same as that made to other non -union Town employees in a similar plan. B. The Town will provide to LeLacheur the same disability and life insurance policies as it does to other non -union Town employees. C. The Town shall provide LeLacheur with the vacation, sick leave, holiday leave, personal leave, bereavement leave and jury duty in accordance with the Town's personnel policies and procedures which apply to other non -union employees. D. Should LeLacheur attend the International City Management Association's (I.C.M.A.) Annual Conference or other professional conferences, time spent at such conferences shall not be deducted from his vacation leave and shall be considered as professional development leave. Page 3 of 7 53 Section VIII, Professional Development. A. The Town agrees to pay for the registration, travel and subsistence expenses of LeLacheur for short courses, institutes and seminars that are necessary for his professional development and jointly agreed to by the Board and LeLacheur. B. The Town shall pay LeLacheur' s registration fees(s), travel and subsistence expenses to and from the I.C.M.A. Annual Conference, Massachusetts Municipal Association Annual Conference, and the Massachusetts Municipal Managers' Association Annual Spring Conference. Section IX, Dues and Subscriptions. The Town agrees to pay for the professional dues and subscriptions of LeLacheur necessary for his membership in the International City/ County Management Association (I.C.M.A.) and the Massachusetts Municipal Management Association. The Town will also pay for the professional dues and subscriptions of LeLacheur for any other professional organizations both deemed necessary and desirable for LeLacheur' s continued professional participation, growth and advancement and for the good of the Town and jointly agreed to by the Board and LeLacheur. Section X, Expenses. A. LeLacheur shall be reimbursed on a quarterly basis for any expenses incurred in the performance of his duties, or as an official representative of the Town, including attendance by him at civic or social events, including mileage, in accordance with the Town's policies and procedures which apply to other non -union employees. Requests for reimbursement shall be submitted within one (1) week of the end of each quarterly period. Page 4 of 7 �GLA Section XI, Indemnification. Subject to the terms and provisions of M.G.L. c. 258, § 13 and all other applicable law, the Town shall defend, save harmless and indemnify LeLacheur against any tort, professional liability, claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties as Town Manager, even if said claim has been made following his termination from employment, provided that LeLacheur acted within the scope of his duties. Subject to the provisions of c. 258, § 13, the Town shall pay the amount of any settlement or judgment rendered thereon. The Town may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon without recourse to LeLacheur. The Town shall reimburse LeLacheur for any reasonable attorneys' fees and costs incurred by LeLacheur in connection with such claims or suits involving LeLacheur in his professional capacity as Town Manager. This indemnification shall also apply to LeLacheur after he leaves the employment of the Town. This section shall survive the termination of this Agreement. Section XII, Non - Renewal of Agreement. If the Board decides not to renew this Agreement at its termination, the Board shall give LeLacheur written notice at least six (6) months in advance of its intent not to renew this Agreement. If the Board fails to give such written notice, this Agreement shall be extended for an additional two year period. Section XIII, Other Terms and Conditions of Employment. A. All provisions of law of the Commonwealth of Massachusetts relating to retirement, health insurance and other fringe benefits shall apply to LeLacheur as they generally apply to other employees of the Town, in addition to said benefits enumerated herein specifically for the benefit of LeLacheur, except as otherwise provided in this Agreement. B. All other general provisions of the Town's Bylaws or Personnel Rules and Regulations relating to fringe benefits shall also apply to LeLacheur as they apply to other employees of the Town, in addition to the benefits enumerated specifically for the benefit of LeLacheur, except as otherwise provided in this Agreement. C. This Agreement shall prevail over any conflicting personnel provisions of the Town Bylaws or Rules and Regulations. Page 5 of 7 Section XIV, No Reduction in Benefits. The Town shall not at any time during the term of the Agreement reduce the salary, compensation or other benefits of LeLacheur, except to the degree such a reduction is across the board for all other non -union employees of the Town. Section XV, Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: 1. TOWN: 2. TOWN MANAGER: Chairman of Board of Selectmen 16 Lowell Street Reading, MA 01867 Robert LeLacheur 47 County Road Reading, MA 01867 Alternatively, notices required pursuant to this Agreement may be personally served. Notice shall be deemed as given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of LeLacheur. C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. D. For the purposes of the Fair Labor Standards Act, LeLacheur shall be an "exempt employee." E. This Agreement may be amended at any time by written amendment executed by both parties. Page 6 of 7 IN WITNESS WHEREOF, the Town of Reading, Massachusetts, has caused this Agreement to be signed and executed in its behalf by its Board of Selectmen and duly attested by its Town Clerk, and LeLacheur has signed and executed this Agreement, both in duplicate. TOWN OF READING Acting by and through Its Board of Selectmen TOWN MANAGER ROBERT LELACHEUR Robert LeLacheur Chairman, Board of Selectmen Duly authorized DATE: DATE: Attest to Signature: Town Clerk DATE: Approved as to legal form Gary S. Brackett, Town Counsel DATE: I certify there is an appropriation in an amount sufficient to fund this contract. Town Accountant DATE: Page 7 of 7 S GV�7 June 25, 2013 State Election Warrant COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, Alan Ulrich on , 2013 notified and warned the inhabitants of the Town of Reading; qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than seven (7) days prior to June 25, 2013 the date set for the State Election in this Warrant. I also caused an attested copy of this Warrant to be posted on the Town of Reading web site. A true copy Attest: Laura Gemme, Town Clerk Alan Ulrich, Constable 5b1 COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH STATE ELECTION WARRANT L *1 To the Constables of the Town of Reading GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in the State Election to vote at Precincts 1, 2, 3, 4, 5, 6, 7, and 8 Reading Memorial High School - Hawkes Field House - 62 Oakland Road on TUESDAY, THE TWENTY -FIFTH OF JUNE, 2013, from 7:00 AM to 8:00 PM for the following purpose: To cast their votes in the State Election for the candidates for the following offices and questions: JENATOR IN UONGRESS ......................................................................... ............................... FOR THIS COMMONWEALTH Hereof fail not and make return of. this warrant with your doings thereon at the time and place of said voting. Given under our hands this 21st day of May, 2013 A true copy Attest: Laura A Gemme, Town Clerk Warrant must be posted by June 18, 2013 At least seven (7) days prior to the June 25, 2013 State Election James E Bonazoli, Chair John J Arena, Vice Chair Ben Tafoya, Secretary Marsie K West Daniel Ensminger BOARD OF SELECTMEN Alan Ulrich, Constable 5b� Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, May 16, 2013 9:42 AM To: Schena, Paula Subject: FW: Shed at Morton field Attachments: morton shed.pdf For Board of Selectmen — with email. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781 - 942 -9043 fax 781 - 942 -9071 web www.readingma.gov email town manager .ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net /survey /sid /l 9ab55aed08fbc96/ From: Feudo, John Sent: Wednesday, March 20, 2013 11:02 AM To: Hechenbleikner, Peter Subject: Shed at Morton field Hi Peter, The Reading Baseball Club presented the attached proposal to install a small shed at Morton field to the Recreation Committee last evening. The committee voted in favor of the plan with an edit of moving the shed and small field boxes to the left side wing of the back stop. The committee also agreed that this proposal needed to go before the BOS. The shed is similar to the one we have at the Bancroft tennis courts. Please let me know if you would like to talk more about it or if you have any questions. John John A. Feudo Recreation Administrator Town of Reading Office: 781-942-9075 Fax: 781 - 942 -5441 jfeudo(o)ci. reading. ma. us SGT Website: www.readingma.gov /recreation 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 Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall. net /survey /sid /19ab55aedO8fbc96/ SGZ MORTON FIELD STORAGE SHED PLAN PROPOSAL The storage shed at the Morton baseball field will be placed directly behind the backstop inline with home plate. The shed will be a welcome addition to the field as it will be used to store field maintenance equipment, such as rakes shovels, tampers, infield drags, wheel barrow, line marker, a hose & reel assembly, and other miscellaneous materials and equipment. This will greatly assist in the grooming and upkeep of the field, which will help reduce costs of yearly maintenance. There will be 2 storage boxes placed on either side of the shed to hold white marker lime and field absorbing materials, and will rest on hidden bricks for stability. The storage boxes are existing and will be moved to the sides of the storage shed to make for a neater more organized look.(see rough drawing #1) The shed is a "Rubbermaid Big Max" shed, (see photo #1) and is made of a resin polymer plastic with strong double walled weather resistant construction. The size of the structure is (6'9 "w x 69 "d x 775 "h) and has 325 cubic feet of space. It will rest on a foundation constructed of 4" x 4" pressure treated pine, filled with 5cm gravel for floor support and stability.(see rough drawing #2) The labor for installation will be volunteer time done by the Babe Ruth Fields Maintenance Crew.(see photo 42) SC,3 MORTON FIELD STORAGE SHID PLAN Al- a, �O (/7l. c r� rYcJ #1 5�q STORAGE SHED FOUNDATION PLAN *z i t v Jessie Wilson Town of Reading Staff Planner Phone: (781) 942 -6648 16 Lowell Street Fax: (781) 942 -9071 Reading, MA 01867 -2683 Jwilson &i.reading.ma.us To: Board of Selectmen CC: Peter Hechenbleikner, Town Manager Jean Delios, Town Planner George Zambouras, Town Engineer Jim Cormier, Chief of Police Ruth Clay, Heath Director CPDC From: Jessie Wilson, Staff Planner Date: April 1, 2013 Re: Application for Outdoor Dining — 54 Haven Street, Portland Pie The Planning Staff has reviewed the Application for Outdoor Dining submitted by Reading Pie LLC, for use of the sidewalk located at 54 Haven Street in conjunction with the proposed restaurant Portland Pie Company. The Community Planning and Development Commission (CPDC) approved a Site Plan application from Reading Pie LLC on February 11, 2013. Comments on Application for Outdoor Dining: • CPDC Approved the proposed layout and configuration for outdoor dining, subject to Board of Selectmen approval depicted on a plan entitled "Seating Plan" prepared by Charette Design, dated February 5, 2013 and lastly revised February 5, 2013. • The fencing should be properly weighted to prevent theft and /or vandalism or damage from high winds. Defer to Engineering Division for recommendations on design. • Proper clearance should be maintained between the fence and building to allow for sufficient walkway width. • As a condition of Site Plan Review, the dining area shall be kept free of debris and trash shall be disposed of properly. In addition landscaped islands shall be maintained. • Chairs and tables should be moved inside after closing. • The Applicant may propose the use of umbrellas. Signage on umbrellas is not allowed. Sh ( M Project: 12101 Portland Pie Reading Date: 05.14.13 RE: Outdoor seating Dear Mr. Hechenbleikner, HAENT -Tr_ DESIGN Attached you will find a rendering and updated outdoor seating plan for the upcoming meeting. A few notes on the seating and fence: 1. These posts will be set up seasonally and secured nightly with a braided steel cable threaded through seating tables and the fence such that moving or stealing these items will be difficult and deterred. 2. The railing will be provided with a 12" square 25 pound base at each corner and at every other support along the length such that the installation will not be inadvertently moved by small bumps or be easily moved by patrons or others. 3. At the end of each season, these items will be moved and stored in an indoor location -John Charette Attachments: 12101 Al. 1A and PPC Reading Revised seating.jpeg saw cr) i O IL s RENDERING OF SEATING AREA 1 3 -c I- - 504E 'I . i 0 PvC 5GN, oa COLOR TO..MATC- I1 TEXT TO CONTR.'S' W ' COLOR BLACK: 3 OCCUPANCY SIGNAGE i v PORTLAND PIE COMPANY 54 HAVEN STREET READING, MA mn� OUTDOOR SEATING PLAN /1 EATING PLAN S'E „E. ...m. x� 1.1a Town of Reading APPLICATION FOR OUTDOOR DINING ON PUBLIC SIDEWALKS Applications need to be submitted at least 30 days prior to the commencement of outdoor seating Outdoor sidewalk seating permitted April 15 — October 31 Licenses must be renewed yearly 1. Business Applicant Business Name &Address R4 -n _ l--Lc cl'^n n Business Owner Business Manager Joe ul\� e-t l Contact information (mailing address, phone number, email address) /, 2. Building Owner Contact information (name, mailing address, phone number, email address) © r o Vt , �--Le . ex r� t 1 y' 1 cw V1 r Olt or�n '-� V-, oa1`3 `J 3. Do you possess a current Town of Reading Common Victualers license? YES NO 4. Do you possess a current License for Sale of Alcoholic Beverages? YES NO X If yes, alcohol may be served at the outdoor sidewalk seating. You wi I need to submit a plan /strategy for serving alcohol at sidewalk seating. +, -" A (turn over to continue application) 5. Have you had a license revoked, suspended or been fined by the Town of Reading or the Commonwealth of Massachusetts within the past 12 months? YES NO If yes, please explain: 6. (a) Current indoor seating capacity 16 2 (b) Proposed seating capacity for sidewalk seating: l�z � � 0 7. Days and Hours of operation: J'a . - 6 v ri. A.0L � 4 ' v_- 7 IQ nv - t a-a'v. I attest that I have read and understand the Town of Reading Regula ions for Outdoor Dining Licenses utilizing Public Sidewalks and agree to uphold these regulations. ppli ant Date CHECKLIST FOR APPLICATION f Signed application form 3:� Proof of Business Ownership Copy of Town of Reading issued Common Victualers license If premises are leased, copy of lease or written permission by building owner Permit to Operate a Food Service Establishment issued by the Reading Board of Health 3 Professionally drawn plan and all supporting documents containing the information required in order to make a decision as to the license and shall also include a plan for outdoor lighting if any is proposed If applicant business possesses an Alcohol License - Alcohol control plan including Managers plan regarding service of alcohol on the licensed premises and the sidewalk area Two photos of location where sidewalk seating will be placed in relation to establishment Non - refundable yearly application fee of $100 payable to Town of Reading CHECKLIST AFTER APPROVAL OF APPLICATION Certificate of Insurance naming Town of Reading as additional insured Final Photograph of approved sidewalk seating Submit applications to: Office of the Town Manager 16 Lowell Street Reading MA 01867 Whether it's Dine In, Delivery or Take Out... Portland Pie Workal Alcohol Control Plan for Portland Pie Company 54 Haven Street Portland Pie Company is a full service pizza restaurant that offers customers a full complement of pizzas, sandwiches, pastas, salads, appetizers, and desserts along with a full selection of beer, wine, and liquor. Portland Pie Company intends to offer all food and alcoholic beverage options to its customers who opt to dine outside. Portland Pie Company has always approached the service of alcohol at its establishment with a deep sense of responsibility and accountability, and the service of alcohol that will accompany the outdoor seating experience at 54 Haven Street will be approached in the same manner. There are three primary considerations regarding the service of alcohol in our outdoor seating area: Compliance, Safety, and Security. In regards to compliance considerations, Portland Pie Company will follow all local and state laws as they relate to the service of alcohol. Portland Pie Company's staff will ensure that any and all alcoholic beverages are served legally to unimpaired individuals of legal drinking age. Portland.Pie Company will ensure that all beverages are served in a safe manner. To this end Portland Pie Company will not serve alcohol beverages in glassware in the outdoor seating area, and all service staff will take special care to ensure that all product is brought to and cleared from the outdoor seating area with full awareness of the sidewalk's right of way traffic. Portland Pie Company also understands the importance of security as it pertains to the service of alcoholic drinks in the outdoor seating area and will take all necessary measures to ensure that matters of security are addressed. To this end, Portland Pie Company will create separation between the public right -of -ways / spaces and the outdoor seating area. The separation will be partially defined by the large, concrete planters and completely accommodated by a chain or rope line that will encompass the entire service area. In addition, Portland Pie will devote vigilant monitoring of this service area via the attentiveness of the service and management staff along with the installation of a security camera on the exterior of the building. 5 Lincoln Avenue Scarborough, ME 04074 (T) 207.510.1565 (F) 207.730.7304 www.portiandpie.com MAINE LIbflTED LIABILITY COMPANY STATE OF MAINE CERTIFICATE OF FORMATION 3546997 V��Olnc rift He No 20130665DC Pages 3 ; Fee Paid $ 175 DChI 2122492700011 DLLC - -FILED 00/31/2012 �utp Sectniary t+te A Trove ('op} When Attested UT 1q*"tas e Pursuant io 311vIR.5A � 1531, the undastpsued ctuxuaea and delnery 0te fouuwsag Certsficnte uf'roctrmtson p7RST: 1'ho name urthe lrsnilal liability eompurry U Reacting Pte, LLC anon mwr «rant, the word% 'Ww0d LaMh9 eonfany' a M,mucd angimy" or tbo abecovw,+ (a tnmted trbsrty company •1K wee "- •=jsstaltu�a� 'LLC.` "LLC, 'LC "or'LC "a iamcaueorakn +PuAtlmredl'ubJrgeaoq�Y• SECOND: Vilutg Date. (rxlect our:) 8 !)su Of this tiltng. or Lutes effective date trcpcetfie.l hose) THIRD: D%:s►Etuauost a.. a low purEt LL.0 It ieck only if sppItcnblc)' iltts is a low- prorst limited liability company pumiant to 3l MRSA 91611 mocttng all qu&W1cuswas wt forth here. A llie euntpany intends to qualdy as a low- prot'tt lunttcd liability company, 13 l'ttc company roust to aU tunes stgnsfsca►tuly fuaber tlsc arxrsnspltsltrrwnt of ooe or mute of the oharntable or educational ptrr w ft within the meaning of Socuon 170(c)(47Y B) of the Internal KCVMUC C ucie of 14itb, n, it may be amutdctil. tuv►s^.d at tuned tkd, and must 1rst du spa ific clwrttablc or rxlucabonal purpc%cs the cutnpany will Iulther. C No atgotttcant purpose of the company is tie production of income N the appreetauon of property of The fact that a person ptodttces ALLU16cant racame M L e liar type teciihae �aduc i a of income or rethe other factors. cowAUnve evrdenec of a w9altieant puTw n$ P apptc,.lauon of property, and D_ No propose of d1c' company is to accomplish out or more political or loj;i4auvc purpw�c vndnn the meaning or.section 171XtX2AD1 oftho Intemal Revenue Code of 1996, ur riY wccc!'"I FOIXTR: De.tBsatiou ac a pmteMuonal 11 C 1"leck only rfappbcalsie); •ibis is n pmfewtonal limned babtlsty company* tamed pnrsumrt to 13 MRSA Chapter =-A to provide the fullowsng Prufc -sunul 90-0-car t t-pe or PM ►mrosat Form No. WZC-6 ( t oft) i ,r v FWFH: The Regtsteml Agent u o (select cltbcr a CWttuuerctnl ar Nuiycntnrnenaal Regl.tereJ Agent) C] Comm=mI Rcg6tcred A* ,-a (RA PubhcNumber (Name of cutttawatal tePateted agent) Lr J Numommeic►al Regtsteted Agent Tunothy 1. Bryant (Numo of w1aeotmuucrelal tcgcutcrcd agent) One Ctty Cent^ er. Portland, MB 04101 1phy>acul l(x:00t► mt p U Box - street, city. state and Zip cola) P.O Box 9546. Portland, ME 04112-9546 *41411410 uddrau if dtfferettt from above) SIXTkb Pursuant to 5 MR.SA § LOS 2. thn regu.tcred u8mu hacd above has uror.�'ated W aeive as the re�stered agrstt for this lwuted liability wropany SEVENTH: Other mauata the luembetu dctumuno m mcludc um set foati m the uttached patlnbtt A , undmwlo a part )tcreaf - Autborized perton(e) Dated August 27 2012 Lauren Wilson-McNerney Ariz JgyTo a pule none aid eapaatrl �4,gnuwel (Typoaprat now jwcm -ty) *Examples of ptufcsstunal wrvroc hmtted hahhty r.%%v % ate aeon auat its, attonteV� chtmprsc ttxs detm,ta. trgtstrrel norn s and vctuinantuls iT11Ia to not an mclu►iw hat -Mee 11 W&SA §723 7) * *pumuont to 31 k(MSA § 16761 A. Cerhftcate of VQ,,wnon &LUST be scgncd by at lea+* curt authonmi petvnn ,be c wutton nt this certtticate ounstttutw an ooth or affirutattonundertin pcssgUw at false swearing under 17 -A bIRSA 0453 Please rmutyour paynt 41040 payable uc the Mutsu; Sotretmy of Stave ute 3ubnut oruplcted fotro to- Secretary at State Dlvlrian of Curporatioa*.l)CC and CummWou% 101 State Houw Station Augusta,ME 04333 -0101 Telephone lnquuw* (207) 624-77 52 Ftnml Inquttres CF( Cngwtaaon lo'Mait►e•?t't' FmmNo Ml1.0 -6 (2 ut 2) 7+1/:011 S� t Exhibit A to Reading Pie, LLC Certificate of Formation **0* Statement of Authority Pursuant to 31 M.R.S.A. §1542.1, except as may be limited in the Operating Agreement in effect from time to time for Reading Pie, LLC (the "Company "), any Manager of the Company, each acting singly, has the authority to enter into transactions c a behalf of the Company or otherwise act for or bind the Company. 3427306 1 �5j 10 SETTLEMENT AGREEMENT AND GENERAL MUTUAL RELEASE This Settlement Agreement and General Mutual Release ( "AGREEMENT ") is entered into by and among: (i) Architecture Involution, LLC ( "AI3 "); (2) The Design Partnership of Cambridge, Inc. ( "DPC "); (3) Garcia Galuska DeSousa, Inc. ( "GGD "); (4) the Town of Reading ( "READING "); and, (5) TLT Construction Corp. ( "TLT "), each of which is a "PARTY" to this AGREEMENT. AI3, DPC, GGD, READING, and TLT are sometimes collectively referred to herein as the "PARTIES." WHEREAS, AI3, DPC, GGD, and TLT each provided professional services and /or work in connection with the public construction project known as the "Reading Memorial High School Renovation and Addition" (the "PROJECT ") WHEREAS, READING engaged AI3 to be its Project Manager on the PROJECT. WHEREAS, READING engaged DPC to provide architectural and contract administration services on the PROJECT. WHEREAS, DPC engaged GGD to provide mechanical engineering services on the PROJECT. WHEREAS, READING engaged TLT as its General Contractor to perform the work on the Project in accordance with the Contract Documents, which, included among other documents, the design plans and specifications prepared by DPC and GGD for the heating, ventilation, and air condition ( "HVAC ") system to be installed on the PROJECT. WHEREAS, TLT subcontracted New England Piping Co., Inc. ( "NEP ") to perform the HVAC work on the Project in accordance with the Contract Documents. Se k WHEREAS, NEP secured a performance bond (the "PERFORMANCE BOND ") from Harleysville Worcester Insurance Company ( "HWIC ") by which HWIC agreed to indemnify and hold TLT harmless against all claims, demands, suits, costs, and damages of any kind incurred as a result of NEP's failure to perform its obligations under its subcontract with TLT. WHEREAS, during construction on the PROJECT, issues arose concerning the adequacy and completeness of NEP's work. WHEREAS, on December 27, 2007, TLT filed a Complaint against HWIC in the Superior Court Department of the Trial Court, Middlesex County, Massachusetts, docketed as Civil Action No. 2007- 05072B (referred to herein as the "HVAC LITIGATION "), asserting its rights to recover from HWIC under the PERFORMANCE BOND due to NEP's failure to perform the HVAC work on the PROJECT in accordance with the Contract Documents. WHEREAS, on March 11, 2008, TLT filed an Amended Complaint against HWIC, asserting its rights to recover from HWIC under the PERFORMANCE BOND due to NEP's failure to perform the HVAC work on the PROJECT in accordance with the Contract Documents. WHEREAS, on April 4, 2008, HWIC filed a Third -Party Complaint against four of NEP's sub - subcontractors, asserting various claims against each of them related to the HVAC work on the PROJECT. WHEREAS, on April 7, 2009, HWIC filed an Amended Third -Party Complaint adding DPC, GGD, AI3, and READING as Third -Party Defendants, asserting various claims against each of them related to the HVAC work on the PROJECT. 11056573vl 2 Sew WHEREAS, DPC, GGD, and AI3 (collectively referred to herein as the "DESIGN TEAM ") each moved for summary judgment to dismiss HWIC's claims against them in the HVAC LITIGATION. WHEREAS, on June 30, 2011, the Trial Court issued a Memorandum of Decision and Order ( "Decision ") allowing the DESIGN TEAM's motions for summary judgment, and entered separate and final judgment in favor of the DESIGN TEAM. WHEREAS, on July 26, 2011, HWIC filed a Notice of Appeal of the Trial Court's Decision ( "APPEAL "). WHEREAS, on February 21, 2012, HWIC filed a Second Amended Complaint against Reading, asserting additional claims against READING related to the HVAC work on the PROJECT. WHEREAS, in or around November, 2012, TLT and HWIC entered into a settlement agreement whereby, among other things, HWIC assigned to TLT all of its rights and claims which it had, has, or may have against the DESIGN TEAM and READING related to the HVAC work on the PROJECT ( "ASSIGNED CLAIMS "). WHEREAS, the PARTIES have determined that it is in each PARTY's best interest and to their mutual advantage to settle all of the disputes between and among them and thereby avoid the considerable time, expense, and uncertainty associated with continuing the HVAC LITIGATION and the APPEAL and have decided to enter into this AGREEMENT, mutually releasing each other from all claims made or raised or that could have been made or raised concerning the HVAC work on the PROJECT, including, but not limited to, the ASSIGNED CLAIMS, the APPEAL, and any argument, claim, or defense by a PARTY in any pending or 11056573v1 3 5 e,3 future litigation against any other PARTY arising out of or related to the HVAC work on the PROJECT. NOW, THEREFORE, IN CONSIDERATION OF THE RELEASES AND OTHER AGREEMENTS DESCRIBED HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: Dismissal of Claims. Contemporaneously with the execution and delivery of this AGREEMENT and receipt of payment under the second enumerated paragraph below, pursuant to Mass. R. Civ. P. 41(a)(1)(ii) and Mass. R. App. P. 29(b), the PARTIES shall: (i) execute and file with the clerk of the Middlesex County Superior Court the Stipulation of Dismissal With Prejudice attached hereto as "ATTACHMENT A," dismissing any and all claims by and between the PARTIES in the HVAC LITIGATION with prejudice, including the ASSIGNED CLAIMS, with each PARTY bearing its own attorneys' fees and costs, and waiving all rights of appeal; and, (ii) execute and file with the clerk of the Appeals Court the Joint Motion to Dismiss the Appeal With Prejudice attached hereto as "ATTACHMENT B," dismissing the APPEAL filed by HWIC against the DESIGN TEAM with prejudice, with each PARTY bearing its own attorneys' fees and costs, and waiving all rights of appeal. It is agreed and understood that the Stipulation of Dismissal and the Joint Motion to Dismiss the Appeal are without prejudice to and with a full reservation of all non -HVAC claims, actions, rights and defenses as are part of the so called "Main Litigation" between TLT and Reading pending in the Middlesex County Superior Court docketed as Civil Action No. 2007 — 04549D. 2. Payment. Within thirty ( 30) days of the full execution and delivery of this AGREEMENT, READING, DPC, AI3, GGD, or their attorneys or insurers shall deliver to TLT's attorneys at Heafitz & Sullivan one or more checks, the collective sum of which will be 11056573vl 4 5 elq One - Hundred and Twenty Thousand Dollars ($120,000). Each check shall be made payable to "TLT Construction Corp." and shall be dated no later than Friday, May 24, 2013. 3. General Mutual Release. Each PARTY does hereby, on behalf of itself, its successors and assigns, RELEASE, ACQUIT, and FOREVER DISCHARGE each of the other PARTIES, and their respective parents, affiliates and subsidiaries, and all of their present and former employees, partners, limited partners, members, managers, officers, directors, shareholders, investors, beneficiaries, agents, assigns, sureties, insurers, attorneys, predecessors, and successors ( "RELEASED PERSONS "), from any and all rights, claims, damages, actions, judgments, obligations, attorneys' fees, costs, expenses, indemnities, subrogations, duties, demands, controversies, or liabilities of any kind or nature, whether at law or in equity, or otherwise (including M.G.L. c. 93A) known or unknown, foreseeable or unforeseeable, which each such PARTY now has, ever had, or may have against each of the other RELEASED PERSONS from the beginning of the world to the date of this AGREEMENT arising out of or in any way related to the HVAC work on the PROJECT and /or which was or could have been raised in the HVAC LITIGATION and /or the APPEAL by way of claim, counterclaim, third- party claim, or otherwise, including the ASSIGNED CLAIMS and any argument, claim, or defense by a PARTY in any pending or future litigation against any other PARTY that an issue arising out of or related to the HVAC work on the PROJECT caused it to incur damage, monetary or otherwise ( "RELEASED CLAIMS "). It is the intention of each PARTY that, notwithstanding provisions, rights, and benefits conferred by law, and notwithstanding the possibility that such PARTY may discover or gain a more complete understanding of the facts, events, or law that, if presently known or fully understood, would have affected the decision to enter into this AGREEMENT, any and all 11056573v1 5 sus claims arising out of or related to the HVAC work on the PROJECT, including unknown and future claims, shall be fully, finally, and forever settled. Each PARTY acknowledges that the inclusion of these unknown and future claims in the releases provided for herein was separately bargained for and is a key element of this AGREEMENT. It is expressly agreed and understood that all claims for liquidated damages or alleged actual damages as relate to or concern HVAC performance are released, waived, and forever excused in connection herewith. It is also expressly agreed and understood that the specific claims identified in "ATTACHMENT C" arise out of or relate to HVAC Performance and accordingly are hereby released. The releases provided for herein shall become effective upon receipt by TLT's attorney, Patrick Sullivan, of the payment required under the second enumerated paragraph of this AGREEMENT. 4. No Admission of Liability. It is understood and agreed that this AGREEMENT is a compromise of disputed claims relating to the HVAC work on the PROJECT, and nothing contained herein shall constitute any adjudication or finding on the merits as to the claims of any PARTY, or shall be construed as an admission of liability or acknowledgement of any fact, allegation, or claim that was or could have been made related to the HVAC work and /or the HVAC LITIGATION. Moreover, this AGREEMENT shall not be construed as, or deemed to be evidence of, any admission or concession of fault, error, omission, or other ground for liability on the part of any PARTY, and all PARTIES specifically deny any fault, error, omission, or other ground for liability. 5. Legal Counsel. EACH PARTY declares and represents that this AGREEMENT has been entered into voluntarily, that each has read this AGREEMENT in full, and the 11056573v1 6 sf, � ramifications of this AGREEMENT have been explained fully to each of them by their respective counsel. 6. Fees and Costs. Each PARTY to this AGREEMENT shall bear its own costs, expenses, and legal fees incurred in connection with this AGREEMENT and the HVAC LTIGATION, including the APPEAL. 7. Enforcement of Agreement. The delay or failure of a PARTY to exercise any right, power, or privilege hereunder or failure to strictly enforce any breach or default shall not constitute a waiver with respect thereto and no waiver of any such right, power, privilege, breach, or default on any one occasion shall constitute a waiver thereof on any subsequent occasion unless clear and express notice thereof is provided in writing. 8. Modification and Assiument. This AGREEMENT may not be modified, assigned, or transferred, except with the written consent of all PARTIES. 9. Authorization and Indemnity. Each person executing this AGREEMENT represents and warrants that he, she, or it has authority to so execute it, and each PARTY hereby waives any claim that such individual was not so . authorized. Each corporate PARTY to this AGREEMENT further represents and warrants that it is duly incorporated or formed under applicable state or federal laws, that it is validly existing and in good standing, that it has all requisite power and authority to execute and deliver this AGREEMENT and to perform its obligations hereunder, and that the execution, delivery, and performance of this AGREEMENT by it will not result in any violation or be in conflict with its certificate of incorporation, bylaws, or any agreement, order, judgment, decree, statute, rule, or regulation applicable to it. To the extent a claim is made that a signatory to this AGREEMENT did not have authority to sign on behalf of the claimant(s), such signatory agrees to defend, indemnify, and hold harmless any 11056573vl 7 �`�� RELEASED PERSONS for any loss, including costs and attorneys' fees, arising out of such claim. 10. Ownership of Claims. Each PARTY to this AGREEMENT represents that it has not assigned or transferred, in any manner, to any person or entity, any right or interest to which it may be entitled regarding the disputes by and between and among the PARTIES relating to the subject matter of, or the facts and circumstances underlying, the HVAC LITIGATION. Each PARTY represents and warrants that it is the owner and holder of all rights and interests concerning the subject matter of this AGREEMENT. Further, each person signing this AGREEMENT on behalf of TLT represents and warrants that: (i) he or she, along with TLT, has authority to end the HVAC LITIGATION for all purposes; (ii) he or she, along with TLT, has authority to release DPC, AI3, GGD, and READING as stated herein; and, (iii) no entity other than TLT has any rights to the claims TLT releases herein, including, but not limited to, the ASSIGNED CLAIMS and any claim TLT has, had, or may have against DPC, AI3, GGD, and READING arising out of or related to the HVAC work on the PROJECT. Further, each person signing this AGREEMENT on behalf of READING represents and warrants that: (i) he or she, along with READING, has authority to end the HVAC LITIGATION for all purposes; (ii) he or she, along with READING, has authority to release DPC, AI3, GGD, and TLT as stated herein; and, (iii) no entity other than READING has any rights to the claims it releases herein, including, but not limited to, any claim READING has, had, or may have against DPC, AI3, GGD, and TLT arising out of or related to the HVAC work on the PROJECT. 11056573v1 8 �e 11. Governing Law. This AGREEMENT shall be construed in accordance with, and be governed by the laws of the Commonwealth of Massachusetts in effect as of the date of its execution, without regard to conflict of laws principles. The PARTIES agree to: (i) submit to the sole jurisdiction of the courts of the Commonwealth of Massachusetts for any and all actions arising out of or relating to this AGREEMENT; (ii) file any and all actions, whether in law or in equity, arising out of or relating to this AGREEMENT in the Suffolk County Superior Court; and, (3) waive any claim of inconvenient forum, lack of subject matter jurisdiction, lack of personal jurisdiction, or any other challenge to venue or jurisdiction. 12. Counterparts and Facsimile Signatures. This AGREEMENT may be executed in counterparts which, taken together, shall constitute one and the same AGREEMENT. A facsimile signature shall be as valid as an original signature for all purposes relevant to this AGREEMENT. 13. Binding Effect. ffect. This AGREEMENT shall be binding upon and shall inure to the benefit of the PARTIES and their respective present and former employees, agents, attorneys, partners, limited partners, principals, members, managers, officers, directors, shareholders, investors, subsidiaries, affiliates, parent corporations, insurers, sureties, successors, predecessors, and assigns. 14. Continuing Effect. ffect. The invalidity, illegality, or unenforceability of any provision or part of any provision of this AGREEMENT under any law shall not affect the other provisions or parts of this AGREEMENT, which shall remain in full force and effect. 15. Entire Agreement. The PARTIES declare and represent that: (i) no promises, inducements, or agreements not herein expressed have been made to the PARTIES with respect to the subject matter of this AGREEMENT; (ii) this AGREEMENT constitutes the sole, only, 11056573vl 9 �Gq entire, and complete agreement of the PARTIES relating in any way to the settlement and dismissal with prejudice of the claims and ASSIGNED CLAIMS by, between, and among TLT, READING, DPC, GGD, and AI3; (iii) the terms of this AGREEMENT are contractual and not a mere recital; (iv) there are no oral or written collateral agreements relating to the HVAC LITIGATION and/or the HVAC work performed on the PROJECT; and, (v) all prior discussions and negotiations relating to the HVAC work on the PROJECT and the HVAC LITIGATION have been, and are, merged, integrated into, and superseded by this AGREEMENT. REMAINDER OF PAGE 10 INTENTIONALLY LEFT BLANK (AGREEMENT CONTINUES ONTO NEXT PAGE - page 11) 11056573v1 10 �,e,,/ D IN WITNESS WHEREOF, the PARTIES have duly executed this AGREEMENT effective as of the date prescribed herein as a sealed instrument. TLT CONSTRUCTION CORP. Christopher R. Cormier, Executive Vice President Hereunto Duly Authorized TOWN OF READING Date: By: Date: James E. Bonazoli, Chairman Board of Selectmen Hereunto Duly Authorized THE DESIGN PARTNERSHIP OF CAMBRIDGE, INC. By: Date: David Finney, President Hereunto Duly Authorized GARCIA GALUSKA DESOUSA, INC. By: Date: Dominick Puniello, Principal Hereunto Duly Authorized ARCHITECTURE INVOLUTION, LLC By: Date: L. Scott Dunlap, Partner Hereunto Duly Authorized 11056573vl st't 1 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS SUPERIOR COURT DEPT. CIVIL ACTION NO. 07- 05072 -B TLT CONSTRUCTION CORP. ) Plaintiff, ) V. ) HARLEYSVILLE WORCESTER ) INSURANCE COMPANY, ) Defendant/Third -Party Plaintiff, ) V. ) TRANE U.S., INC. f /k/a TRANE, a ) BUSINESS of AMERICAN STANDARD, ) INC.; PHOENIX SHEET METAL, INC.; ) PROLINE INDUSTRIES, INC.; ) JOHNSON CONTROLS, INC.; TOWN OF ) READING; THE DESIGN PARTNERSHIP) OF CAMBRIDGE, INC.; ARCHITECTURE) INVOLUTION, LLC; and GARCIA ) GALUSKA DESOUSA, INC., ) Third -Party Defendants. STIPULATION OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE Pursuant to Mass. R. Civ. P. 41(a)(1)(ii), the parties' to this action, through their undersigned counsel, hereby stipulate to dismiss with prejudice any and all claims, cross- claims, counterclaims, and third -party claims which were or could have been raised by, ' The Plaintiff, TLT Construction Corp. ( "TLT "), and the Defendant/Third -Party Plaintiff, Harleysville Worcester Insurance Company ( "HWIC "), settled all of the claims by and between them. As part of the settlement, HWIC assigned all of its rights and claims against the following Third -Party Defendants to TLT: (i) the Town of Reading; (ii) Architecture Involution, LLC, (iii) The Design Partnership of Cambridge, Inc.; and, (iv) Garcia Galuska DeSousa, Inc. HWIC also settled all of the claims by and between it and the following Third -Party Defendants: (i) TRANE, U.S., Inc. f/ka TRANE, a Business of American Standard, Inc., (ii) Phoenix Sheet Metal, Inc.; (iii) Proline Industries Inc.; and, (iv) Johnson Controls, Inc. See Dkt. Nos. 65 -67, 81. Accordingly, the only parties remaining in this action are TLT, Reading, DPC, GGD, and AI3. between, and among the parties in the above - captioned action, including the Defendant/Third -Party Plaintiff, Harleysville Worcester Insurance Company's appeal of the Trial Court's summary judgment decision in favor of the Third Party Defendants, The Design Partnership of Cambridge, Inc., Architecture Involution, LLC, and Garcia Galuska DeSousa, Inc., docketed in the Appeals Court as 2011 -P -1598. It is further stipulated by the parties, through their undersigned counsel, that each party shall bear its own attorneys' fees and costs and each party waives all rights of appeal. It is agreed and understood that this stipulation is without prejudice to and with a full reservation of all non -HVAC claims, actions, rights and defenses as are part of the so called "Main Litigation" between TLT and Reading pending in the Middlesex County Superior Court docketed as Civil Action No. 2007 — 04549D. Respectfully submitted, PLAINTIFF, TLT CONSTRUCTION CORP., By its attorneys, Patrick J. Sullivan, BBO No. 548752 Patrick @hsconstructionlaw. com Heafitz & Sullivan 56 Chestnut Hill Avenue Boston, MA 02135 Tel: (617) 562 -1000 THIRD -PARTY DEFENDANT, THE DESIiGN PARTNERSHIP OF CAMBRIDGE, INC. By its attorneys, Jay S. Gregory, BBO No. No. 546708 jay.gregory@leclairryan.com Alberto G. Rossi, BBO No. 657246 alberto. rossi @leclairryan. com LeClairRyan, A Professional Corporation One International Place, 11th Floor Boston, MA 02110 Tel: (617) 502 -8200 11025527v2 2 5613 THIRD -PARTY DEFENDANT TOWN OF READING, By its attorneys, Gary S. Brackett, BBO No. 052940 gsbrackett @brackettlucas. com Brackett & Lucas 19 Cedar Street Worcester, MA 01609 Tel: (508) 799 -9739 THIRD -PARTY DEFENDANT, ARCHITECTURE INVOLUTION, LLC, By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery@donovanhatem.com Marco Bon Tempo, BBO No. 560334 mbontempo @donovanhatem. com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (617) 406 -4500 DATED: May , 2013 THIRD -PARTY DEFENDANT, GARCIA GALUSKA DESOUSA, INC., By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery@donovanhatem.com Marco Bon Tempo, BBO No. 560334 mbontempo@donovanhatem.com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (617) 406 -4500 11025527v2 3 3 -61 9 CERTIFICATE OF SERVICE I, Alberto G. Rossi, hereby certify that on this rtday of May, 2013, I caused a copy of the foregoing Stipulation of Dismissal with Prejudice to be served by e -mail and first class mail, postage pre -paid, on: Patrick J. Sullivan, Esq. Marco Bon Tempo, Esq. Gary Brackett, Esq. Heafitz & Sullivan Brian A. Newberry, Esq. Brackett & Lucas 56 Chestnut Hill Avenue Donovan Hatem, LLP 19 Cedar Street Boston, MA 02135 Two Seaport Lane, 8th Floor Worcester, MA 01609 Boston, MA 02210 Counsel for the Town of Counsel for TLT Construction Counsel for Architecture Reading Corp. Involution, LLC and Garcia Galuska DeSousa, Inc. Alberto G. Rossi 11025527v2 4 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS TLT CONSTRUCTION CORP. ) Plaintiff, ) V. ) HARLEYSVILLE WORCESTER ) INSURANCE COMPANY, ) Defendant/Third -Party Plaintiff, ) V. ) TRANE U.S., INC. f/k/a TRANE, a ) BUSINESS of AMERICAN STANDARD, ) INC.; PHOENIX SHEET METAL, INC.; ) PROLINE INDUSTRIES, INC.; ) JOHNSON CONTROLS, INC.; TOWN OF ) READING; THE DESIGN PARTNERSHIP) OF CAMBRIDGE, INC.; ARCHITECTURE) INVOLUTION, LLC; and GARCIA ) GALUSKA DESOUSA, INC., ) Third -Party Defendants. SUPERIOR COURT DEPT. CIVIL ACTION NO. 07- 05072 -B STIPULATION OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE Pursuant to Mass. R. Civ. P. 41(a)(1)(ii), the parties i to this action, through their undersigned counsel, hereby stipulate to dismiss with prejudice any and all claims, cross- claims, counterclaims, and third -party claims which were or could have been raised by, The Plaintiff, TLT Construction Corp. ( "TLT "), and the Defendant/Third -Party Plaintiff, Harleysville Worcester Insurance Company ( "HWIC "), settled all of the claims by and between them. As part of the settlement, HWIC assigned all of its rights and claims against the following Third -Party Defendants to TLT: (i) the Town of Reading; (ii) Architecture Involution, LLC, (iii) The Design Partnership of Cambridge, Inc.; and, (iv) Garcia Galuska DeSousa, Inc. HWIC also settled all of the claims by and between it and the following Third -Party Defendants: (i) TRANE, U.S., Inc. Fka TRANE, a Business of American Standard, Inc., (ii) Phoenix Sheet Metal, Inc.; (iii) Proline Industries Inc.; and, (iv) Johnson Controls, Inc. See Dkt. Nos. 65 -67, 81. Accordingly, the only parties remaining in this action are TLT, Reading, DPC, GGD, and AI3. SP,i � between, and among the parties in the above - captioned action, including the Defendant/Third -Party Plaintiff, Harleysville Worcester Insurance Company's appeal of the Trial Court's summary judgment decision in favor of the Third Party Defendants, The Design Partnership of Cambridge, Inc., Architecture Involution, LLC, and Garcia Galuska DeSousa, Inc., docketed in the Appeals Court as 2011 -P -1598. It is further stipulated by the parties, through their undersigned counsel, that each party shall bear its own attorneys' fees and costs and each party waives all rights of appeal. It is agreed and understood that this stipulation is without prejudice to and with a full reservation of all non -HVAC claims, actions, rights and defenses as are part of the so called "Main Litigation" between TLT and Reading pending in the Middlesex County Superior Court docketed as Civil Action No. ►f�IZ1yQ1 � � • � Respectfully submitted, PLAINTIFF, TLT CONSTRUCTION CORP., By its attorneys, Patrick J. Sullivan, BBO No. 548752 Patrick @hsconstructionlaw. com Heafitz & Sullivan 56 Chestnut Hill Avenue Boston, MA 02135 Tel: (617) 562 -1000 11025527v2 2 THIRD -PARTY DEFENDANT, THE DESIGN PARTNERSHIP OF CAMBRIDGE, INC. By its attorneys, Jay S. Gregory, BBO No. No. 546708 jay.gregory@leclairryan.com Alberto G. Rossi, BBO No. 657246 alberto. rossi @leclairryan. com LeClairRyan, A Professional Corporation One International Place, 11 `h Floor Boston, MA 02110 Tel: (617) 502 -8200 THIRD -PARTY DEFENDANT TOWN OF READING, By its attorneys, Gary S. Brackett, BBO No. 052940 gsbrackett @brackettlucas. com Brackett & Lucas 19 Cedar Street Worcester, MA 01609 Tel: (508) 799 -9739 THIRD -PARTY DEFENDANT, ARCHITECTURE INVOLUTION, LLC, By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery @donovanhatem. com Marco Bon Tempo, BBO No. 560334 mbontempo@donovanhatem.com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (617) 406 -4500 DATED: May , 2013 11025527v2 THIRD -PARTY DEFENDANT, GARCIA GALUSKA DESOUSA, INC., By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery@donovanhatem.com Marco Bon Tempo, BBO No. 560334 mbontempo @donovanhatem. com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (617) 406 -4500 sti g CERTIFICATE OF SERVICE I, Alberto G. Rossi, hereby certify that on this _day of May, 2013, I caused a copy of the foregoing Stipulation of Dismissal with Prejudice to be served by e -mail and first class mail, postage pre -paid, on: Patrick J. Sullivan, Esq. Marco Bon Tempo, Esq. Gary Brackett, Esq. Heafitz & Sullivan Brian A. Newberry, Esq. Brackett & Lucas 56 Chestnut Hill Avenue Donovan Hatem, LLP 19 Cedar Street Boston, MA 02135 Two Seaport Lane, 8th Floor Worcester, MA 01609 Boston, MA 02210 Counsel for the Town of Counsel for TLT Construction Counsel for Architecture Reading Corp. Involution, LLC and Garcia Galuska DeSousa, Inc. Alberto G. Rossi 11025527v2 4 COMMONWEALTH OF MASSACHUSETTS APPEALS COURT MIDDLESEX,SS TLT CONSTRUCTION CORP., PLAINTIFF /AS ASSIGNEE OF APPELLANT'S APEEAL V. HARLEYSVILLE WORCESTER INSURANCE COMPANY, DEFENDANT /APPELLANT, 2011 -P -1598 V. THE DESIGN PARTNERSHIP OF ) CAMBRIDGE, INC., ET AL., ) THIRD PARTY DEFENDANTS/ ) APPELLEES. ) JOINT MOTION TO DISMISS THE APPEAL WITH PREJUDICE Pursuant to Rule 29(b) of the Massachusetts Rules of Appellate Procedure, TLT Construction Corp. ( "TLT "), as the assignee of Harleysville Worcester Insurance Company's appeal of the Trial Court's summary judgment decision in favor of the Appellees, and the Appellees, The Design Partnership of Cambridge, Inc., Architecture Involution, LLC, and Garcia Galuska Desousa, Inc., through their undersigned counsel, hereby stipulate to dismiss the appeal docketed in the Appeals Court as 2011 -P -1598, Sty with prejudice, with each party bearing its own attorneys' fees and costs, and waiving all rights of appeal. It is agreed and understood that this joint motion is without prejudice to and with a full reservation of all non -HVAC claims, actions, rights and defenses as are part of the so called "Main Litigation" between TLT and Reading pending in the Middlesex County Superior Court docketed as Civil Action No. 2007 - 04549D. Respectfully submitted, APPELLANT, HARLEYSVILLE WORCESTER INSURANCE COMPNAY, THROUGH ITS ASSIGNEE, TLT CONSTRUCTION CORP., By its attorneys, 1 -1. iV J1 V . I.J GL111 V Gill, J..JJ w 1711 . -J -Z V / -J 4. Patrick @hsconstructionlaw. com Heafitz & Sullivan 56 Chestnut Hill Avenue Boston, MA 02135 Tel: (617) 562 -1000 APPELLEE, THE DESIGN PARTNERSHIP OF CAMBRIDGE, INC. By its attorneys, 11025531v2 2 St -711 Jay S. Gregory, BBO No. No. 546708 jay.gregory @leclairryan.com Alberto G. Rossi, BBO No. 657246 alberto.rossi @leclairryan.com LeClairRyan, A Professional Corporation One International Place, 11th Floor Boston, MA 02110 Tel: (617) 502 -8200 11025531v2 3 s'01-711 APPELLEE, ARCHITECTURE INVOLUTION, LLC By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery @donovanhatem.com Marco Bon Tempo, BBO No. 560334 mbontempo @donovanhatem.com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (6 17) 406 -4500 APELLEE, THIRD -PARTY DEFENDANT, GARCIA GALUSKA DESOUSA, INC., By its attorneys, Brian C. Newberry, BBO No. 635498 bnewbery @donovanhatem.com Marco Bon Tempo, BBO No. 560334 mbontempo @donovanhatem.com DONOVAN HATEM LLP Two Seaport Lane Boston, MA 02210 Tel: (617) 406 -4500 st23 11025531v2 4 CERTIFICATE OF SERVICE I, Alberto G. Rossi, certify that on this day of May, 2013, I caused a copy of the foregoing document to be served by e -mail and first -class mail, postage prepaid, on: Patrick J. Sullivan, Esq. Heafitz & Sullivan 56 Chestnut Hill Avenue Boston, MA 02135 Counsel for TLT Construction Corp., the assignee of Harleysville Worcester Insurance Company's Appeal 11025531v2 5 Marco Bon Tempo, Esq. Brian A. Newberry, Esq. Donovan Hatem, LLP Two Seaport Lane, 8th Floor Boston, MA 02210 Counsel for Architecture Involution, LLC and Garcia Galuska DeSousa, Inc. Alberto G. Rossi sez`� ATTACHMENT C • Change Order 55 • Change Order 58 (excepting DPC invoices 27272, 27293, 27308, 27309, 27329) • Change Order 61 (excepting DPC invoices 27338, 27350, 28020, 28021, 28045, 28053, 28060, Judith Nitsch Engineering, Inc. portion of 28056, Carol R. Johnson Associates and Cavanaugh Tocci Associates, Inc. portions of 27357) • Constructive Change Directive 13 • Constructive Change Directive 14 (excepting DPC invoices 28088, 28089 and Judith Nitsch Engineering, Inc. portion of DPC invoice 28133) • Constructive Change Directive 17 • Constructive Change Directive 19 • Constructive Change Directive 20 (excepting Judith Nitsch Engineering, Inc. portions of DPC invoices 28184 and 28209) • Constructive Change Directive 24 (excepting Judith Nitsch Engineering, Inc. portions of DPC invoices 28184, 28209, 28233 and Carol Johnson Associates, Inc. portion of DPC invoice 29032) • Building Part F — Phase 2 Punchlist (dated 1/9/08) • HVAC Warranties and Closeout Documents • Owner's credit for alleged incorrect valve location on unit ventilators • Owner's credit for dissimilar fans 11025891v2 527 CONFIRMATORY ORDER OF TAKING LOT A AND LOT B PORTIONS OF OLD PEARL STREET The Board of Selectmen of the Town of Reading, in the County of Middlesex and Commonwealth of Massachusetts, acting under the authority of and in accordance with General Laws Chapter 79, and by virtue of the authority conferred upon them by a vote of more than two - thirds under Article 7 of the Special Town Meeting held on January 28. 2013, do hereby take in fee simple for and on behalf of the Inhabitants of the Town of Reading two portions of the way known as Old Pearl Street shown on the plan referenced below as "Lot A " and "Lot B ", and all trees thereon. lying, within the Town of Reading. and all right, title and interest therein not already appropriated to public use, including water mains and drainage systems, manholes, pipes, appurtenances thereto located within said Lot A and Lot B. Said Lot A and Lot B are taken in order to confirm title and for public convenience and necessity so that said Lot A may be discontinued and sold. Being the same property taken by the Town of Reading and recorded at Southern Middlesex Registry of Deeds in Book 61204, Page 123, correcting the reference to the taking in fee simple for and on behalf of the Inhabitants of the Town of" Rowley. Said portions of Old Pearl Street, Lot A and Lot B. are shown on a plan entitled -Old Pearl Street 'faking and Discontinuance Plan dated January 2, 2013, prepared by Bay State Surveying Associates, recorded in the Southern Middlesex Registry of Deeds as Plan 96 of 201 3. Parcels A and B are bounded and described as follows: Old Pearl Street, "Lot A" BEGINNING at the northeasterly corner of the parcel at a point 1.40 feet northwesterly from the stone bound on the westerly side of Audubon Road: THENCE S 590 55' 28 " W a distance of'25.88 feet: THENCE S 450 55' 36" W a distance of 54.98 feet: THENCE S 120 08' 02" E a distance of 88.42 fret: "I HFNCI: S 12" 08' 24" F, a distance of 78.46 feet to the northerly side line of Pearl Street: THENCE running along Pearl Street along a curve to the left with an arc length of 108.43 feet with a radius of 1015.72 feet; THENCE N 180 22' 03" E a distance of 45.13 feet; Sri _I HENCE N 030 23' 32" W a distance of 53.28 feet to an r -bar: THENCE N 140 19' 3 I " W a distance of 71.12 feet to an iron pin: THENCE N 120 08' OF W a distance of 95.65 feet; THENCE N 300 50' 24" E a distance of 29.60 feet: THENCE N 450 55' 38" E a distance of 60.82 feet: THENCE N 590 55' 30" E a distance of 1.63 feet: THENCE along a curse to the left with an arc length of 40.73 feet with a radius of 25.00 feet to Audubon Road: THENCE along Audubon Road S 33° 25' 22" E a distance of 61.57 to the point of beginning. having an area of 11.470 square feet. Old Pearl Street "Lot B" BEGINNING at the southwesterly corner of the parcel at a point 1.52 feet along a curve southeasterly from the stone bound on the easterly side of Audubon Road: THENCF, running along Audubon Road along a curve to the right with an arc length of 1.52 feet with a radius of 181.77 feet to said stone bound; TIIENCE along Audubon Road N 33° 25' 22" W a distance of 57.12 feet; THENCE along a curve turning to the left with an arc length of 37.8I feet with a radius of 25.00 feet. THENCE N 59° 55' 30" E a distance of 76.42 feet: THENCE: N 65° 40' 57" E a distance of'56.42 feet: THENCE N 61 ° 13' 36" E a distance of 65.58 feet; THENCE N 610 13' 36" E a distance of 10.21 feet to the northerly side line of Pearl Street; THENCE running along Pearl Street along a curve to the right having an arc length of 56.45 feet with a radius of 380.00; THENCE S 61 ° I Y 20" W a distance ol32.90 feet: SF2 THENCE S 650 40' 41" W a distance of 55.98 feet: TIIENCE S 59° 54' 48" W a distance of 74.7; feet: THENCE S 59° 54' 54" W a distance o1' 21.51 feet to the point of beginning, having an area of 7,456.5 square feet. Included in this Confirmatory Order of Taking are all trees now, existing or hereafter growing on the land described. No damages are to be awarded. This Confirmatory Order of Taking is subject to the rights and easement of public utility companies including the rights of their predecessors, successors and assigns and any other public utility companies which may have casements. IN WITNESS WHEREOF, a majority of the Board of Selectmen of the Town of Reading have signed the foregoing Confirmatory Order of Taking this 21st day of May. 201 3. Stephen Goldy. Chairman John Arena Ben Tafoya ,lames E. Bonazoli Richard W. Schubert CUMMONWEALTII OF MASSACHUSLTTS Middlesex, ss. On this 21st, day of May, 2013, before me, the undersigned notary public, personally appeared Stephen Goldy. Ben Tafoya, Richard W. Schubert, John Arena and .lames E. Bonazoli, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding document, and acknowledged to me that they signed it volLmtarily for its stated purpose as duly elected members of the Board of Selectmen of the Town of Reading. Notary Public SF3 C E 1 Z V ,J I"\ QUITCLAIM DEED The "Down of Reading" a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at Town Hall, 16 Lowell Street. Reading" Massachusetts, acting by and through its Board of Selectmen as authorized by a vote of Article 14 at the Special Town Meeting held on November 14, 2011 and a vote of Article 7 at the Special Town Meeting held on January 28. 2013" in full consideration of Seven Thousand Four Hundred ($7,400.00) Dollars, hereby grants to Peter A. Genovese and Patricia A. Genovese, husband and wife, as tenants by the entirety, both of 10 Duck Road, Heading. Massachusetts, with quitclaim covenants, a certain parcel of land, situated in Reading, Middlesex County. Massachusetts, and being shown as Lot 2 on a plan entitled "Plan of Land Pearl Street Reading. Massachusetts. Scale: l" = 20 Ft.. Date May 1, 2013 ", recorded with Middlesex South District Registry of Deeds as Plan 285 of 2013, and further bounded and described as follows: BEGINNING at the southeasterly corner of the .lot: THENCE turning South 263 50' 0.5" West a distance of 95,99 feet:. THENCE turning North 12° 08" 00- West a distance of'95.65 feet: THENCE turning North 30° 50' 24" East a distance of 29.60 feet; TI IENCF, turning South 55° 24' 56" East a distance of 58.62 feet, to the point of beginning. CONTAINING: 3,753 square feet of land, more or less, according to said plan. Said Lot 2 shall merge with Grantees' property at 10 Duck Road, Reading, the deed to which is recorded at Middlesex South Registry of Deeds at Book 24792, Page 350. The premises are conveyed subject to the 20" Water Easement shown on said plan for the purpose of inspecting, maintaining, repairing or replacing the water facility within such easement area. For Town's title see deed recorded in Middlesex South Registry of Deeds at Book 913, Page 367: "Discontinuance of a Portion of Old Pearl Street'", recorded at Book 61204, Page 120:. Order of Taking recorded at Book 61204, Page 123. Confirmatory Order of Taking, recorded at Hook Page _ and plan entitled "Old Pearl Street Taking and Discontinuance Plan"' recorded as Plan 96 of 2013. The Grantee has paid. in addition to the purchase price, the sum required by Mass. Gen. Laws c. 44. §63A, to be paid in lieu of taxes. There has been full compliance with the requirements ofMass. Gen. Laws c. 7C, §38. No deed stamps are required pursuant to Mass. Gen. Laws c. 64D, 5 I S611 IN WITNESS W} IEREOF. the said Town of Reading has caused its corporate seal to be affixed and these presents to be signed, acknowledged and delivered in its name and behalf by the Board of Selectmen, hereto duly authorized. this 21" day of' May, 201 ). TOWN OF READING By and tluaugh its BOARD OF SELECTMEN James F. Bonazoli, Chairman John Arena Ben Tatoya Daniel A. Ensminger Marsic K. West COMMONWEALTH OF MASSACHI SETTS `Middlesex, ss. On this 21" day of May, 2013, before me, the undersigned notary public, personally appeared James E. Bonaroli. John Arena, Ben 'Tatoya. Daniel A. Ensminger and Marsie K. West, as members of the Board of' Selectmen for the Town of Reading. proved to me through satisfactory evidence of identification. %which were to be the persons whose narnes are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public 2 .Sq -�,- ■ ra r :r Z Z M �a QUITCLAIM DEED The "I own of Reading, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at Town Hall, 16 Lowell Street. Reading, Massachusetts, acting by and through its Board of Selectmen, as authorized by a vote of Article 14 at the Special Town Meeting held on November 14. 2011 and a vote of Article 7 at the Special Town Meeting held on January 28, 2013. in full consideration of Seven Thousand and Four hundred ($7,400.00) Dollars, hereby grants to Patricia Crowley of 12 Audubon Road, Reading, Massachusetts, with quitclaim covenants, a certain parcel of land, situated in Reading, Middlesex County. Massachusetts. and being shown as Lot 3 on a plan entitled "Plan of Land Pearl Street Reading, Massachusetts ", Scale: 1" = 20 Ft, Date May 1, 2013 ", recorded with Middlesex South District Registry of Deeds as Plan 285 of 2013. and further bounded and described as follows: BEGINNING at the southwesterly corner of the lot; THENCE turning North 55° 24' 56" West a distance of 58.62 feet; THENCE turning North 45° 55' 38" Fast a distance of 60.82 feet:. THENCE turning North 59° 55' 30" East a distance of 1.63 feet. IH EN" CE along a curve to the left, having a radius of 25.00 feet. a distance of 40.73 feet: THENCE turning South 33° 25' 22" Fast a distance of 52.80 feet; THENCE turning South 26° 50' 05'" West a distance of 75.91 feet, to the point of beginning. CONTAINING: 3,720 square feet of land" more or less. according to said plan. Said Lot 3 shall merge with Grantee's property at 12 Audubon Road" the deed to which is recorded at Middlesex South Registry of Deeds at Book 14399, Page 553. The premises are conveyed subject to the 20' Water Easement shown on said plan for the Purpose of inspecting, maintaining. repairing or replacing the water facility within such easement area. For Town's title see deed recorded in Middlesex South Registry of Deeds at Book 913. Page 367: "Discontinuance of a Portion of Old Pearl Street", recorded at Book 61204, Page 120: Order of Taking recorded at Book 61204, Page 123: Confirmatory Order of Taking recorded at Book Page _ and plan entitled "Old Pearl Street "faking and Discontinuance Plan" recorded as Plan 96 of 20131 S13 The Grantee has paid, in addition to the purchase price. the sum required by Mass. Gen. Laws c.44, §63A, to be paid in lieu of taxes. There has been full compliance with the requirements of Mass. Gen. I.aws c. 7C, §38. No deed stamps are required pursuant to Mass. Gen. Laws c. 64D, § 1. IN WITNESS WHEREOF. the said Town of Reading has caused its corporate seal to be affixed and these presents to be signed, acknowledged and delivered in its name and behalf by the Board of Selectmen. hereto duly authorized. this 21" day of May, 2013. TOWN OF READING By and through its BOARD OF SELECTMEN James E. Bonazoli, Chairman John Arena Ben Tafoya Daniel A. Ensminger Marsie K. West COMMON WI: ALTH OF MASSACHUSETTS Middlesex, ss. On this 21" day of May. 2013, before me, the undersigned notary public, personally appeared James E. Bonazoli. John Arena. Ben Taf'oya. Daniel A. Ensminger and Marsic K. West as members of the Board of Selectmen for the Town of Reading, proved to me through satisfactory evidence of identification. which were -- ..._...._. _. .... _.._ to be the persons whose names are signed on the preceding or attached document. and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public 2 sq q Open Meeting Law (OML) Summary OML Law: Remote Participation Section 20. Meetings of a Public Body to be Open to the Public; Notice of Meeting; Remote Participation; Recording and Transmission of Meeting; Removal of Persons for Disruption of Proceedings (a) Except as provided in section 21, all meetings of a public body shall be open to the public. (b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting. (c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk's office is located. For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within such district and shall post the notice in the manner prescribed for local public bodies. For meetings of a county public body, notice shall be filed in the office of the county commissioners and a copy of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours in such place or places as the county commissioners shall designate for the purpose. For meetings of a state public body, notice shall be filed with the attorney general by posting on a website in accordance with procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division of the state secretary's office. The attorney general shall have the authority to prescribe or approve alternative methods of notice where the attorney general determines such alternative will afford more effective notice to the public. (d) The attorney general may by regulation or letter ruling, authorize remote participation by members of a public body not present at the meeting location; provided, however, that the absent members and all persons present at the meeting location are clearly audible to 5/16/2013 A I each other; and provided, further, that a quorum of the body, including the chair, are present at the meeting location. Such authorized members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39. (e) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of the meeting the chair shall inform other attendees of any such recordings. (f) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting. (g) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated pursuant to section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application pursuant to section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain such certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it. 5/16/2013 S� OML Regulations: Remote Participation 29.10: Remote Participation (1) Preamble. Remote participation may be permitted subject to the following procedures and restrictions. However, the Attorney General strongly encourages members of public bodies to physically attend meetings whenever possible. By promulgating these regulations, the Attorney General hopes to promote greater participation in government. Members of public bodies have a responsibility to ensure that remote participation in meetings is not used in a way that would defeat the purposes of the Open Meeting Law, namely promoting transparency with regard to deliberations and decisions on which public policy is based. (2) Adoption of Remote Participation. Remote participation in meetings of public bodies is not permitted unless the practice has been adopted as follows: (a) Local Public Bodies. The Chief Executive Officer, as defined in M.G.L. c. 4, sec. 7, must authorize or, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that authorization or vote applying to all subsequent meetings of all local public bodies in that municipality. (b) Regional or District Public Bodies. The regional or district public body must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees. (c) Regional School Districts. The regional school district committee must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees. (d) County Public Bodies. The county commissioners must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of all county public bodies in that county. (e) State Public Bodies. The state public body must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees. (f) Retirement Boards. A retirement board created pursuant to M.G.L. c. 32, sec. 20 or M.G.L. c. 34B, § 19 must, by a simple majority, vote to allow remote participation in accordance with the requirements of these regulations, with that vote applying to all subsequent meetings of that public body and its committees. 3 5% / 5/16/2013 (3) Revocation of Remote Participation. Any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) may revoke that adoption in the same manner. (4) Minimum Requirements for Remote Participation. (a) Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other; (b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d), (c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39, sec. 23D. (5) Permissible Reasons for Remote Participation. If remote participation has been adopted in accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair's absence, the person chairing the meeting, determines that one or more of the following factors makes the member's physical attendance unreasonably difficult: (a) Personal illness; (b) Personal disability; (c) Emergency; (d) Military service; or (e) Geographic distance. (6) Technology. (a) The following media are acceptable methods for remote participation. Remote participation by any other means is not permitted. Accommodations shall be made for any public body member who requires TTY service, video relay service, or other form of adaptive telecommunications. (i) telephone, internet, or satellite enabled audio or video conferencing; (ii) any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another. 5/16/2013 (b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location. (c) The public body shall determine which of the acceptable methods may be used by its members. (d) The chair or, in the chair's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is encouraged, wherever possible, to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes. (e) The amount and source of payment for any costs associated with remote participation shall be determined by the applicable adopting entity identified in 940 CMR 29.10(2). (7) Procedures for Remote Participation. (a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request. (b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely and the reason under 940 CMR 29.10(5) for his or her remote participation. This information shall also be recorded in the meeting minutes. (c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote. (d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and /or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. (e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22. 5 5/16/2013 5� (8) Further Restriction by Adopting Authority. These regulations do not prohibit any person or entity with the authority to adopt remote participation pursuant to 940 CMR 29.10(2) from enacting policies, laws, rules or regulations that prohibit or further restrict the use of remote participation by public bodies within that person or entity's jurisdiction, provided those policies, laws, rules or regulations do not violate state or federal law. (9) Remedy for Violation. If the Attorney General determines, after investigation, that 940 CMR 29.10 has been violated, the Attorney General may resolve the investigation by ordering the public body to temporarily or permanently discontinue its use of remote participation. 5/16/2013 v n OML FAQ: Remote Participation -71 Remote Participation If the practice of remote participation has been authorized in a municipality, may an individual public body adopt a policy prohibiting or further restricting its use? No. Only the adopting authority specified in 940 CMR 29.10(2) may establish restrictions on the use of remote participation. The adopting authority can authorize the practice for all public bodies within its jurisdiction but give all public bodies the opportunity to opt out of the practice, however. To Top What types of restrictions may an adopting authority place on remote participation? An adopting authority, such as the Board of Selectmen in a town, may decide to adopt the practice of remote participation, but place restrictions on its use. Just as the adoption of remote participation must apply to all public bodies within the adopting authority's jurisdiction, however, any restriction on remote participation, other than on the amount or source of payment for any costs associated with the practice, must apply uniformly to all public bodies within the adopting authority's jurisdiction. For instance, a Board of Selectmen may choose to adopt a policy saying that no member of any town board may participate remotely in more than three meetings each year. Or the Board may adopt a policy stating that a last minute lack of childcare shall be considered a personal emergency justifying remote participation under 940 CMR 29.10 (5)(c). However, the Board may not authorize the practice but say that only the Board of Selectmen can utilize it. The Board can say that funds for the purchase of necessary equipment will only be allocated for the Board's use, though. An adopting authority also may not adopt a policy that violates state or federal law. Thus, it is not permissible for an adopting authority to say that no member may participate remotely due to personal disability or geographic distance, since these are allowable reasons for remote participation under the Attorney General's regulations. But the adopting authority can adopt a policy saying, for instance, that a public body member who wishes to participate remotely due to geographic distance must be a certain distance from the meeting location for his or her physical attendance to be considered unreasonably difficult. 5/16/2013 � A 7 Board of Selectmen Meeting April 23, 2013 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:07 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman John Arena, Secretary Ben Tafoya, Selectman Daniel Ensminger, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Office Manager Paula Schena; School Committee members Chris Caruso, Hal Croft, Karen Janowski, Chuck Robinson, and Rob Spadafora; Superintendent of Schools John Doherty, and the following list of interested persons: Steven Ryan, Bill Brown, Patty deGaravilla, Nadine Wandziliak, David Greenfield, Linda Engelson, Ruth Urell, Andrew Grimes, Rachel Baumgartner, Will Finch, Kim Honetschlager, Helen Aki, Joan Boegel, and Laurie Ann Sylvia. Reports and Comments Town Manager's Report — The Town Manager gave the following report: 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. (0a"( Board of Selectmen Minutes — April 23, 2013 — page 2 ♦ The last day to register to vote for the June 25 election is June 5t' 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 $1,500 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! Public Safety ♦ May 1 — RCASA is Hosting a Film Screening of Point of No Return, 7:00 -9:00 PM, Woburn Showcase Cinema. ♦ 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 through the overnight period to 6�Z Board of Selectmen Minutes — April 23, 2013 — page 3 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. Proclamations /Certificates of Appreciation Arbor Day Proclamation — The Town Manager noted there is an email from Kevin Barile regarding Arbor Day. A motion by Tafova seconded by Ensminger to approve the proclamation for Arbor Day on April 26, 2013 was approved by a vote of 4 -0 -0. Telecommunications Week — Fire Chief Greg Burns and Police Chief James Cormier were present. Chief Cormier noted that Vicki Avery was unable to be present tonight. He noted there are more burdens with emergency dispatching demands. James Bonazoli suggested having Vicki and others in to review changes. The Town Manager suggested doing a field trip. James Bonazoli also noted that he would like to have the discussion in the future regarding what to do in an emergency situation i.e. people not having any communication after the Boston Marathon bombing. A motion by Tafova seconded by Ensminger to approve the Proclamation for Public Safety and Telecommunications Week was approved by a vote of 4 -0 -0. Discussion /Action Items Joint Meeting with the School Committee Regarding Purchase or Sale of Real Estate for Full Day Kindergarten — Karen Janowski called the School Committee to order at 7:07 p.m. Superintendent John Doherty noted that the School Committee received a report to look at elementary space. There have been significant program changes resulting in less space. They discussed full day kindergarten and the School Committee voted to move forward with full day kindergarten in the future. Options would be adding modular classrooms, adding onto schools, or the best option is to look at an existing building and renovate. They have been working with St. Agnes and the Archdiocese and they have reached a letter of intent with St. Agnes. The Town Manager noted that the Board of Selectmen, School Committee and Finance Committee have met in Executive Session regarding this topic. The letter of intent is no authority to spend money. It is for the premises at 172 Woburn Street including the building, frontage, and parking behind the building for $1.4 million. The closing date is 11/1/13 and we will need approval of Town Meeting and approval of the voters. 60 Board of Selectmen Minutes — April 23, 2013 — page 4 The letter of intent provisions include limitations on use; parking on certain hours and days. John Arena noted that Catholic holidays should be nailed down more than just Christmas. The Town Manager noted that the seller will retain 45 spaces. They want zoning to say parking meets zoning requirements by August 1, 2013. The Town will fund up to $40,000 to bring natural gas onsite. The driveway will need redesign; the church will use the school for CCD classes. There will be no real estate tax on that building and the Town will pay the loss of rent until November 1, 2013. John Arena noted that the Town needs to be transparent on all expenses for this and he asked the School Committee to target also the cost of operating into the total cost of the project. John Doherty noted that when we do get to full day kindergarten the Chapter 70 funds will increase. Daniel Ensminger disclosed that he is a parishioner of St. Agnes but does not serve on the Finance Committee. John Arena also noted that he would like to see a couple of plans at different costs. A motion by Croft seconded by Spadafora that 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 School Committee recommends approval to the Board of Selectmen and authorizes the Superintendent of Schools to sign the Letter of Intent on the School Committee's behalf was approved by a vote of 5 -0 -0. A motion by Tafoya seconded by Ensminger 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 was approved by a vote of 4 -0 -0. Signing Library ibrary Construction Application Documents — Library Director Ruth Urell, Library employee Rachel Baumgartner and Library Trustees Andrew Grimes, Victoria Yablonsky, and Alice Collins were present. Ms. Urell noted that the Chairman of the Board of Selectmen needs to sign the Massachusetts Public Library Construction Program four page agreement with 37 provisions and Chairman Bonazoli signed the document as requested. � OL' � Board of Selectmen Minutes — April 23, 2013 — page 5 Request by Mr. Loiselle to Amend Tree Replacement Planting Requirements — The Town Manager noted that Mr. Loiselle planted two trees on his property not at the direction of the Tree Warden. The Board of Selectmen recommended that the Tree Warden work out something with Mr. Loiselle. Review Results of Rubbish Limits `Barrel Audit" — Public Works Director Jeff Zager and Public Works Business Administrator Jane Kinsella were present. Jane Kinsella noted that 92% of the households are at two barrels now. She would love to go to one barrel with an overflow bag at some time in the future. Jeff Zager noted they receive very few complaints and seven to eight communities have adopted our program. The program is running well. May 11 is textiles and shredding event and May 18`h is curbside metal week. Bill Brown noted that the Recreation Department should make teams clean up after themselves. Presentation on Mosquito Control — Health Director Ruth Clay and David Henley from the Eastern Middlesex Mosquito Control were present. Mr. Henley gave a very in -depth presentation on everything you would need to know about mosquitoes. He noted that they spray to control them and also treat catch basins. The Town can choose to do as little or as much as they want. Ruth Clay noted that the increase in the budget this year was approved by the Board of Selectmen. They increase it 2% — 3% each year to keep up with all of it. She noted we have different species year round. She also noted they will keep an eye on Sturges and Castine too. Hearing — Set Water, Sewer and Storm Water Management Rates — The Secretary read the hearing notice. Bob LeLacheur noted there are four factors that impact our rate. Everything but MWRA is under our control. The water main projects are all within the scope of what is being presented. The MWRA is looking at a 6.50% increase over the same time period. There is a 2% increase in water reserves and 7% increase in sewer. Bob LeLacheur noted that the sewer rates will go up faster than the water rates. We have $560,000 in storm water reserves and he suggests using $30,000 of the reserves. He also recommends using no reserves for water and use $75,000 for sewer. A motion by Tafoya seconded by Ensmin2er that the Board of Selectmen close the hearing on setting the water, sewer and storm water rates for FY2014 was approved by a vote of 4 -0 -0. (,a,S Board of Selectmen Minutes — April 23, 2013 — page 6 A motion by Tafova seconded by Arena that the Board of Selectmen set the FY 2014 Water Rate at $9.17 per 100 cubic feet with a minimum quarterly bill of $18.34 effective with the August, 2013 billing was approved by a vote of 4 -0 -0. A motion by Tafova seconded by Arena that the Board of Selectmen set the FY 2014 Sewer Rate at $10.38 per 100 cubic feet with a minimum quarterly bill of $20.76 effective with the August, 2013 billing was approved by a vote of 4 -0 -0. A motion by Tafova seconded by Ensminger that the Board of Selectmen set the Storm Water Rate at $40 per unit (3210 square feet) per year to be billed quarterly effective with the August, 2013 billing was approved by a vote of 4 -0 -0. Follow Up with Comment — Reading Post Office — The Town Manager reviewed the two options for comments on the sale of the Reading Post Office. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve the letter Option 1 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 was approved by a vote of 4 -0 -0. Hearing — Amending Policy on Town Forest — The Secretary read the hearing notice. James Bonazoli noted that the only change is moving the Committee from Community Services to DPW. He also noted that the Boy Scouts want to know who approves the Town Forest Regulations. Michael Bourke from Boy Scout Troop 702 noted they have concerns regarding the use of the Town Forest for the Boy Scouts. The Town Forest Committee wants to limit the number of boys to 20 and they have 50 in the Troop. They are also limiting the number of vehicles. He doesn't want the rules to be too restrictive. There were 6 rules before and now they are up to 31 rules. The Town Manager noted that the Town Forest belongs to the whole community, not just the Boy Scouts. The Town Forest is under the care, custody and control of the Town Forest Committee. They need good strong rules and regulations and they should be created in a public hearing process. Will Finch noted that he feels the Committee should stay in Community Services because the Conservation Commission issues permits for trail blazers. The Town Manager indicated we cannot do that because there is no staff support. Will Finch noted that DPW is not a planning body and the Town Manager indicated that Recreation and Parks is in DPW and we don't work in silos, we work in groups. Kim Honetschlager noted that the Town Forest Committee was not told about tonight's hearing. Board of Selectmen Minutes — April 23, 2013 — page 7 Mr. Bourke noted that he gets the feeling that the Town doesn't want the Scouts camping up there and Mr. Finch noted the Committee does not want to restrict the Boy Scouts; they just need to get a handle on the situation. A motion by Tafova seconded by Ensminger that the Board of Selectmen close the hearing on amending the Policy on the Town Forest Committee was approved by a vote of 4 -0 -0. A motion by Tafova seconded by Arena that the Board of Selectmen approve the amendments to the Policy on the Town Forest Committee was approved by a vote of 4 -0 -0. LEAP Presentation by MAPC — Helen Aki gave a presentation on the Local Energy Action Program. She noted that the Reading Municipal Light Department (RMLD) is the organizing entity and the plan is in draft form. They are developing programs. There is also a new energy audit program. National Grid is required by state law to pay for the audits, but they weren't. They are now. Ms. Aki noted that her recommendation is to align efforts with the RMLD programs and she will set up an action plan. James Bonazoli noted that the Town is leading edge with the Climate Advisory Committee. Climate Advisory Committee member Joan Boegel noted that this is a good program and some things need more analysis. The Town Manager noted that the Town is looking at solar collection at the schools and that could be a generator of green energy. Review Draft Amendments to Traffic Rules and Regulations — Police Chief James Cormier and Safety Officer Justin Martel were present. Justin Martel noted that he has been updating the regulations and they need to be formatted to make them similar to the other town bylaws. Chapter 85 S. 2 of the MGL requires that town must adopt. The Selectmen adopted the initial regulations in 1948 and re- adopted them in 1995. The new document improves record keeping issues, readability and public access. There are clear references to statutes and all streets public and private are listed. He is looking to review this with the Board of Selectmen and looking for guidance. Some stop signs have no records available. John Arena noted he would like a list of what needs to be corrected. The Town Manager noted that the intent will be to rescind the old one and approve the new regulations. ta;� Board of Selectmen Minutes — April 23, 2013 — page S Daniel Ensminger asked if we will go out and survey the "no parking within.20 feet of an intersection" and it was noted that is not the intent. Award Bid — Sale of Lothrop Road Property — The Town Manager noted that he took bids on 50 Lothrop Road. Seventeen packets were taken out and four bids were received. The high bid was $305,000 from David Chuha. The closing will be May 15, 2013. A motion by Tafova seconded by Ensminur 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 subiect 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 was approved by a vote of 4 -0 -0. Naming of a Room in a Town Facility— The Town Manager noted that a Board wants to name a room in a Town facility after someone and it is a surprise. A motion by Tafova seconded by Ensminger 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. The motion was approved by a vote of 4 -0 -0. Approval of Minutes A motion by Tafova seconded by Ensminaer that the Board of Selectmen approve the minutes of March 12, 2013 was approved by a vote of 3 -0 -1 with Ensminaer abstaining. A motion by Tafova seconded by Arena that the Board of Selectmen approve the minutes of March 19, 2013 was approved by a vote of 3 -0 -1 with Ensminger abstaining. A motion by Ensminger seconded by Tafova that the Board of Selectmen adiourn the meeting at 10:35 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary is' 1 1 THE COMMONWEALTH OF MASSACHUSETTS Number: 2013 -1 TOWN OF READING This is to certify that Khalid S. Hazimeh d /b /a Tony's Ice Cream, 1123 Revere Beach Parkway #11, Revere, MA 02151 IS HEREBY GRANTED A PEDDLER'S LICENSE • in said Reading, Massachusetts as a mobile ice cream vendor and is subject to the following conditions: All Bylaws, Rules and Regulations including Section 3.3 of the Board of Selectmen's Policies of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection by the Health Department This license is granted in conformity with the statutes and ordinances relating thereto, and expires on December 31, 2013, unless sooner suspended or revoked. In Testimony Whereof, the undersigned have hereunto affixed their official signatures. - Date Issued: May 2, 2013 �Iq M� TRACKING OF LEGAL SERVICES - FY 2013 n Hours 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 September 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 32.3 88.1 $4,583 $4,836 $13,504 April 31.6 88.1 $4,583 $13,504 May 31.6 88.1 $4,583 $13,504 June 31.6 88.1 $4,583 $13,504 Total 379.2 291.1 $54,996 $41,492 December bill included $594.50 for legal services re Macaroni Grille, which has bee reimbursed by Macaroni Grille n Hechenbleikner, Peter &J From: Barnes, Lauren (HOU) <Lauren.Barnes @mahouse.gov> Sent: Wednesday, May 08, 2013 3:24 PM To: Hechenbleikner, Peter; gbalukonis @northreadingma.gov; tadministrator @townofmiddleton.org; william- gustus @town.lynnfield.ma.us Subject: from Rep. Brad Jones' office re: Final Medical Marijuana regs approved Good afternoon, Representative ,Tones asked me to forward you an email he received from one of his colleagues :regarding the approval of final regulations to implement the Commonwealth's voter approved medical marijuana law, which will take effect on May 24"'. He thought the information below and the link to the regulations would be of interest to you. Please do not hesitate to contact me with any questions. Regards, Lauren Lauren J. Barnes Deputy Chief of Staff House Minority Leader Bradley H. Jones, Jr. State House, Room 124 Boston, MA 02133 (617) 722 -2100 To: HOU -DL - HOUSE AIDES; HOU -DL - HOUSE STAFF; HOU -DL - HOUSE REPS; SEN- DL- ALLSTAFF; SEN -DL- SENATORS Subject: Final Medical Marijuana regs approved Dear Colleagues, Today, the Public Health Council of the Massachusetts Department of Public Health unanimously approved final regulations to implement the commonwealth's voter approved medical marijuana law, which will take effect on May 24, 2013. These regulations are the result of an unprecedented and in depth process of soliciting input, collecting data and information from other medical marijuana states, and undergoing research to understand and implement best practices in filling out the framework that was established through the voter initiative. Doctors, patients, caretakers, law enforcement officials, lawmakers, parents, substance abuse councilors, entrepreneurs and others offered comments, testimony and information to DPH and each issue that arose was considered and addressed to the best of the Department's ability. After draft regulations were released, the public was offered yet another opportunity to comment and recommend changes, and the final regulations were subject to the scrutiny of the Public Health Council. This effort has not been taken lightly by DPH and as a result we can expect a program in place that can serve as a model to the rest of the country as more and more states look to legalize medical marijuana. While the voter initiative created the framework for the law, the regulations crafted by DPH filled out the program in a way consistent with the will of the voters, who entrusted the agency to address the missing components. These comprehensive regulations balance the very real need of many patients in our state suffering from debilitating conditions and the safety and protection of the general public, including our young people. 9bl Among the many issues of concern addressed through these regulations are: Ensuring legitimacy of patient certification and registration through a bona -fide relationship between patient and MA licensed physician Continuing education requirements for certifying physicians Ongoing monitoring and treatment of any medical marijuana patient by recommending doctor Laboratory testing of medical marijuana products Limiting access to patients under 18 years of age to those with life limiting illnesses, parental consent, and recommendation from 2 physicians (one of which is a pediatrician) Stringent rules and restrictions around advertising and marketing of medical marijuana Further clarification regarding the definition of a qualifying "debilitating condition" while preserving the rights of doctors and their patients to determine appropriate use An appropriate and reasonable limit of allowable possession by patients A limited number of highly secured and monitored dispensaries across the state, subject to inspection and "seed to sale" monitoring of product Tight restrictions, qualifying criteria and alternative options for low income and disabled patients to drastically limit the allowance of hardship cultivation A comprehensive application process for dispensaries, including provisions to require non - profit documentation, adequate resources to operate, no criminal background of dispensary agents, an analysis of projected patient population, plans for operation and security and an emphasis on local engagement from within proposed community In addition, the new law does not: Supersede Massachusetts laws prohibiting possession, cultivation, transport, distribution or sale of marijuana for non - medical purposes Allow the operation of a motor vehicle while under the influence of marijuana Require a health care profession to recommend, or an insurer to cover, the use of medical marijuana Require accommodation of medical marijuana use in schools, workplaces, or correctional facilities Require the smoking of marijuana in any public place Supersede the existing rights of landlords The final regulations will be posted for review by the end of the day at ww.mass.ov'medicalmarij ina. -6U � 111c WIIWig U11 LIM Wd11 III ACULIHIg: lne rUSLdl 3ervlce pulls a Iast one rage 1 01 lU 1 L C Published on Save the Post Office ( http : / /www.savethepostoffice.com) 11�� Home > Printer - friendly The writing on the wall in Reading: The Postal Service pulls a fast one May 9, 2013 The Postal Service is putting another historic post office up for sale, and as usual it's showing little interest in hearing from the public or following the law. Selling off historic post offices isn't easy. Not only does the Postal Service need to find a buyer willing to take on the encumbrances associated with a historic building; there are also numerous legal regulations about the procedures that must be followed. http://www.savethepostoffice.com/print/I 1702 qG1 5/13/2013 111Ci w11u11g un Inc wan lit tceauing: I ne rostai -jervice puns a Last one rage l of lv One of the main purposes of these regulations is to ensure that the public has sufficient opportunity to express its concerns and to explore alternatives with postal officials. Time and again, however, the Postal Service has shown that it doesn't really give a hoot what people have to say. And while it may make a nod toward following the letter of the law, it doesn't much care about the spirit. Last June the Postal Service informed postal workers and elected officials in Reading, Massachusetts, that it was considering selling the city's historic post office. According to a brief news item [,i about the announcement, Michael Foley, USPS project coordinator from the Greater Boston district, said that the plan hinged on finding a buyer for the property. Foley said it would take several months, possibly even a couple of years, before the plan came to fruition. "If we do go forward, it's not a quick process," Foley said. "The time is dictated by the potential buyer." Mr. Foley's remarks were probably intended to reassure the people in Reading that nothing was going to happen fast. There would be plenty of time to talk about it. Last month, the Postal Service began the official process for closing the post office, relocating retail services, and selling the building. Things are happening a lot of faster than the people in Reading may realize. Relocating Reading The Reading post office was built in 1917. As the Daily Times Chronicle [21 reported on March 2, 1917, the post office was to be "a valuable addition to the public buildings in the town," with impressive design and ornamental enhancements like Corinthian columns and a water fountain in front of the building. The U.S. Treasury Department authorized $55,000 for the construction, but the total cost was probably three or four times that amount. Last year, the Reading post office was appraised [31 at $1,740,100. It has 17,000 square feet of interior space, including the basement, and there are 62 parking spaces, plus a loading zone and other exterior spaces. The Postal Service says that due to declining mail volumes it no longer needs such a large space and could make do with 1,700 square feet for a small retail office. The Postal Service says it might rent back some space in � G2 http: // www.savethepostoffice.com /print /11702 5/13/2013 I 11w, WLILI116 Uii uic wail iii nCaulilg: I 11 ru5Ld1 3ervlce puns a iasi one rage s oI iu the current post office building from the new owner, but that's not likely. The Postal Service always tells people that, just as a sop to soften the blow of losing the post office. The Postal Service says there's a lot of excess space in the Reading office, but there are 30 letter carriers and a few clerks in the facility who will need to be transferred to a postal facility in Woburn. The Postal Service says that in making tough decisions like closing a historic post office, it's just trying to act "like a business." But the Postal Service is not a business. It's a government agency, and as such, it's governed by a host of laws and regulations. In order to sell a historic post office like the one in Reading, the Postal Service must go through two legal processes, one for making its decision to relocate the retail services and a second to sell a historic building. The first is governed by the Code of Federal Regulations, CFR 241.4 [4], the section on "Expansion, relocation, and construction of post offices." The second, discussed below, involves Section 106 [5] of the National Historic Preservation Act (NHPA). The regulations on relocating a post office are not particularly stringent — nothing like those that must be followed in order to close a post office completely. When Congress made laws about expanding, relocating, and constructing post offices, legislators probably weren't thinking about the significant impacts associated with closing a historic downtown landmark and "relocating" retail services elsewhere. The average person can't even understand how closing down a historic post office comes under the category of "relocation." The meeting venue While they may not be very extensive or detailed, the regulations on relocations clearly guarantee an opportunity for public input before a final decision is made. There needs to be sufficient notice to the public, a comment period, a meeting, and an opportunity to appeal. CFR 241.4 has this to say about the meeting: The Postal Service should ask elected officials "that a Postal Service presentation of the project be placed on the regular agenda of a public meeting or hearing. If no such meeting is planned within the next 60 days or the agenda of a planned meeting cannot accommodate the project, the USPS will schedule its own public hearing Q 0 http:// www.savethepostoffice.com/print /11702 5/13/2013 X XX%, wiiuiir, Uii Laic wail 111 ttCaumg. 111C rUJlal 3crv1LC Pulls a Iasi one rage 4 of iv concerning the project, and will advertise the meeting or hearing in a local general circulation newspaper." The regulations give the Postal Service a choice between doing a presentation at a regular meeting of an elected body or holding a separate meeting focused exclusively on the post office. In most cases, the agenda for a town meeting cannot accommodate something as significant as the decision to sell a historic post office, but the Postal Service much prefers to do it that way. It's much easier to remain under radar by making a brief presentation at a regular meeting of a town council (or whatever the ruling body is called). Such meetings are routine, and they're typically not well attended by the public. A separate meeting focused exclusively on the post office, however, can attract quite a crowd. Last month in Reading, the Postal Service took the easy way. Rather than holding a meeting focused only the post office issues, it sent real estate specialist Joseph Mulvey to a regular meeting of the Reading Board of Selectmen. Mr. Mulvey is the Postal Service's front man on the relocation and sale of post offices in the Northeast. He knows all about public meetings on post office relocations. In New York City, where there are at least five relocations underway, Mr. Mulvey asked to be put on the agenda of a March meeting of the Manhattan Borough Board so he could talk about some of them. Upon hearing that Mr. Mulvey was on the agenda, Chuck Zlatkin, Legislative and Political Director of the New York Metro Area Postal Union, immediately suspected that Mulvey would use his presentation at the Board meeting to say that the Postal Service had fulfilled its public- meeting obligation under CFR 241. Zlatkin warned elected representatives throughout the city, and they brought pressure on the Postal Service to hold separate meetings in each impacted neighborhood. As a result, there were meetings for each of the post offices being relocated — Old Chelsea, Peter Stuyvesant, and Triborough — and Mr. Mulvey had to contend with hundreds of angry citizens complaining vociferously. Unfortunately, the folks in Reading probably did not understand that the Postal Service would use Mr. Mulvey's brief presentation at the Board of Selectmen to fulfill the agency's requirement to have a public meeting. Now the Postal Service doesn't need to hold a separate meeting about the relocation of the Reading post office, and the public will have missed its opportunity to speak up. qc.N http: / /www.savethepostoffice.com /print /11702 5/13/2013 111V w11L111r, U11 L11G WGLLl 111 1XICUU111g: 111e rUSL'dl service pulls a Iasi one rage J oI iv Advance notice In addition to attending or holding a public meeting, CFR 241.4 requires the Postal Service to give sufficient advance notice to the public about the upcoming meeting. It's supposed to post a notice in the lobby of the post office and send a press release to the media so there's an announcement in the local newspaper. But it doesn't look like the Postal Service did a very good job on that score. The Postal Service did produce a public notice [6] intended to inform the public of the proposed relocation of the Reading post office, and the notice clearly states that the Postal Service would present its proposal at the April 9th meeting of the Board of Selectmen. But for some reason, the notice did not make it into the local news. There was no mention of the Postal Service's presentation at the forthcoming meeting in the Reading Advocate [7], the HomeNewsHear.com [81, or the Reading Patch [9]. Perhaps the Postal Service didn't distribute the notice to the media, or perhaps these media outlets didn't see fit to publish it. In advance of the April 9th meeting, Reading Town Manager Peter Hechenbleikner published a Notice of Public Hearing [,oi about the upcoming April 9th meeting in the local newspaper. It states that a local restaurant's request for a liquor license would be on the agenda. There's no mention that the fate of the post office would also be under discussion, and there's no evidence that the Postal Service published such a Notice of Public Hearing either. It's possible that the notice about the Postal Service's upcoming presentation at the Board meeting was posted somewhere in the Reading post office, but if so, it doesn't look as though anyone paid much attention. Perhaps it was posted discreetly, where not many people would see it. All in all, then, it's very likely that hardly anyone in Reading knew that the future of the post office was on the Board's agenda on April 9. And you can be sure that very few people understood that this was going to be the only opportunity the public would have to meet with postal officials before they made a final decision on the relocation. I Cs- http://www.savethepostoffice.com/print/I 1702 5/13/2013 IM, WIILiiir, V11 L11c wall III AtUaU111g. 1110 17UJLUI JCIVIUC PU115 a IaSL 0I1C rage O UI 1V The public meeting The agenda [„i for the April 9th meeting of the Board of Selectmen shows that the Postal Service's presentation was allotted 30 minutes. It's described simply as "Presentation — US Postal Service re: Plans for Reading Post Office." Mr. Mulvey probably used most of the 30 minutes giving his presentation, and there was very little time, if any, for hearing from the public. Despite the significance of closing a post office that's nearly a century old, Mr. Mulvey's presentation to the Board was sandwiched between a report about an affordable housing trust fund and an application for a liquor license at a local pizza joint. In advance of the April 9th Board meeting, Mr. Hechenbleikner distributed a folder [121 of materials about the items on the agenda. It contains over 100 pages, including 25 pages on the affordable housing matter and more than 20 pages about the liquor license. There are three pages [,s] about the post office — a brief letter from Mr. Mulvey to Mr. Hechenbleikner about the planned sale, a brief memo to the Board from Mr. Hechenbleikner about his meeting with Mr. Mulvey, and a brief description of the property. That's it, just those three pages. Mr. Mulvey's letter is interesting for the way it frames the situation: "In order to sustain universal service mail service to the American people," writes Mulvey, "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." Mr. Mulvey goes on to explain that the an "optimization study" has determined that the Reading post office is an "underutilized asset" that needs to be "right sized." In other words, the Postal Service says that its ability to fulfill its universal service mission hinges on selling historic post offices like the one in Reading. If you put it that way, what patriotic American could possibly object? Needless to say, there's no mention in Mulvey's letter about other alternatives — like leasing out the extra space, or encouraging Congress to rescind the mandate on the health care prepayments (the $5.5 billion annual payments are responsible for 80 percent of the $40 billion deficit), or asking a few big mailers to pay more on postage (the Postal Service loses over 1.5 billion [141 a year on mail that doesn't cover its attributable costs). M/ http:// www.savethepostoffice.com/print /11702 5/13/2013 I 111Z; W 111111' VII 111G W Clll 111 i-,edulllg. 1 ne rus l,al 3ervlce puns a Last one rage i oI i u For communities like Reading, those alternatives would be a lot less painful than selling landmark post offices in the heart of downtown. The public comment period In addition to describing the notification procedures and the venue for the public meeting, CFR 241.4 says there needs to be a public comment period, and "not less than 15 days after the date of the most recent public meeting," the Postal Service may "make a decision that takes into account community input and is consistent with postal objectives." In other words, the comment period must be at least 15 days, but it could be longer, and in some cases, like La Jolla, California, several months passed between the meeting and the final decision. In the case of Reading, however, Mr. Mulvey informed town officials that the public comment period would end exactly 15 days after it began. He appeared at the council meeting on April 9, and he closed the comment period on April 24. Given how little notice there was about the meeting, it's not likely that many people took note of this short window of opportunity to comment. One of the two news articles about the Board meeting doesn't even mention [15] a public comment period; the other [,s] is better — it mentions the April 24 deadline and provides an address where to send the letters. Both articles, however, make it sound as if the decision is a done deal, so there's not much incentive to comment anyway. CFR 241.4 also provides for a 30 -day appeal period, so once the Postal Service announces its final decision, there will be one more opportunity to provide written comments. But there won't be another meeting on the relocation decision, and it's not likely that appeals will do any good either. They are probably reviewed by the same postal officials who made the decision in the first place. Section 106 As noted above, in order to sell a historic post office, the Postal Service must go through two processes, one for making a decision about relocating retail services and another for selling a historic building. The sale is governed by Section 106 [5] of the National Historic Preservation Act (NHPA), which http: / /www.savethepostoffice.com/print /11702 5/13/2013 I IM WMIlIg U11 LIX WWI III ICCdUIng: I ne rostal -3ervice pulls a Iasi one rage tS oI i u "requires Federal agencies to take into account the effects of their undertakings on historic properties." The Postal Service is required to give all interested parties — the Advisory Council on Historic Preservation (ACHP), the State Historic Preservation Officer (SHPO), and the general public — "a reasonable opportunity to comment on such undertakings." The federal regulations that implement Section 106 are described in considerable detail in 36 CFR Part 800 [17] on the "Protection of Historic Properties." These regulations state, "The agency official shall ensure that the section 106 process is initiated early in the undertaking's planning, so that a broad range of alternatives may be considered during the planning process for the undertaking." The Postal Service has been ignoring this provision in the regulations, however, by segmenting the two processes: It does the relocation process first, then the Section 106 on the sale. Thus, by the time the public can get involved on the issue of the sale, it's anything but "early in the undertaking's planning." Instead, it's a fait accompli. The Postal Service has already made a decision to relocate, without ever giving anyone an opportunity to consider a "broad range of alternatives." One of those alternatives might be for the Postal Service to lease out the excess space in the post office. There's actually a federal regulation, 41 CFR 102 -73.20 [181, that requires government agencies to "extend priority consideration to available space in buildings under the custody and control" of the Postal Service. The Postal Service should thus be notifying other government agencies that it has some extra space in the post office that may be available for leasing. The future of the Reading post office While the Postal Service has not issued a final decision on the relocation of the Reading post office and while the appeals period hasn't even begun, and even though the Postal Service has given no indication that it has yet to initiate a Section 106 procedure, the decision to sell the Reading post office looks like a done deal. Last month's news report [15] on the latest developments makes this quite clear: "Reading officials have been notified by the United States Postal Service that it will go ahead with a plan to find a buyer for the building on q cl http: / /www.savethepostoffice.com /print /11702 5/13/2013 11c wnuiig un Inc wail in tceauing: i ne rostai service puns a cast one rage 9 of i u Haven Street that currently houses the Reading Post Office, shifting the staff there to a facility on Washington Street in Woburn. The building, located at 136 Haven Street, will be listed for sale in the coming weeks." That assessment of the situation leaves little doubt that the Postal Service will be selling the building. Though more than eligible, the Reading post office is not on the National Register of Historic Places. It its on the Reading List of Historic Structures, but that doesn't do much to protect the building. Last June, when news of a possible sale first came out, the Reading Historical Commission issued a statement [,s] clarifying what the law has to say about the matter. There's really nothing in the law ensuring that the building will be preserved. The sale would fall under Reading's By -Law on Demolition of Structures of Potential Historical Significance, which allows the Reading Historical Commission to review and work with the property owner and other interested parties before any demolition permits are issued by the Building Inspector. That doesn't mean. the building couldn't be razed, however. Should the new owner decide to preserve the building, there's nothing in the law preventing him from making significant alterations. The Historical Commission can educate, inform, and advise, but it has little regulatory power. The future of the Reading post office will be in the hands of the new owner, whoever that turns out to be. One thing you can be sure of. The people in Reading will have very little say about the matter. The Postal Service will sell the building to whomever it wants. Photo credits: Reading MA post office [20]. "When the post office is closed, the flag comes down. When the human side of government closes its doors, we're all in trouble." — Jennings Randolph, U.S. Senator from West Virginia, 1958 -85 Source URL: http: / /www.savethepostoffice.com /writing- wall - reading - postal- service- pulls- fast -one Links: [1] http:// homenewshere .com /daily_times_chronicle/ news /reading /article_866e1e82 -bfae- 11 e1 -891 a-00 1 9bb2963f4. html [2] http:// www. noblenet.org /local_history/ ?p =97 [3] http : / /www.savethepostoffice.com /sites /default/files /Screen Shot 2013 -05 -08 at 6.58.24 Mpg q cl http:/ /www.savethepostoffice.com/print /11702 5/13/2013 IIIU WIILIIig un uic wan in neauing: one rostai service puns a Last one rage iu of iu [4] http: / /www.gpo.gov /fdsys /pkg /CFR- 2004 - title39- voll /xml /CFR- 2004 - title39 -vo11- sec241-4.xml [5] http : / /www.achp.gov /106summary.html [6] http://www.ci.reading.ma.us/ Pages / ReadingMA _Publ!cHearings /01AC6CBD- 000F8513 [7] http: / /www.wickedlocal.com /reading [8] http: / /homenewshere.com [9] http: / /reading.patch.com [10] http: / /www.savethepostoffice.com /sites /default/files /Public notice.pdf [11] http: / /www.ci.reading.ma.us/ Pages / ReadingMA _BOSAgendas /101AB10EF.0/2013 -04 - 09% 20Board %20of %20Selectmen %20Agenda.pdf [12] http: / /www.ci.reading.ma.us/ Pages /ReadingMA_BOSAgendas /2013- 04 -23% 20Board% 20of% 20Selectmen %20Packet %20Part %201.pdf [13] http: / /www.savethepostoffice.com /sites /default/files /Reading PDFs on PO.pdf [14] http: / /www.prc.gov /prc -docs/ home /whatsnew /Press %20Release %20ACD% 202012_3101.pdf [15] http: // homenewshere. com/ middlesex _east/article_92a7e7l6- a2aa -11 e2 -b3b9- 001 a4bcf887a.html [16] http://www.wickedlocal.com/ reading/ news / x1148861748 /Board -of- Selectmen -Post- Office- sale - process - begins #axzz2Sh33hPGU [17] http : / /www.achp.gov /regs- rev04.pdf [18] http:// www.Iaw.corne11.edu /cfr /text/41 /102 -73.20 [19] http: / /homenewshere .com /daily _ times_chronicle /news /reading /article_b296a8d0- da5c -11 a 1 -abea -001 a4bcf887a. html [20] http: / /reading.patch.com /articles/ reading -post- office ?logout = true #photo- 10550687 http: / /www.savethepostoffice.com/print /11702 5/13/2013 a C ('vS From: Woodman, Grant (AGO) [ mailto :grant.woodman(&state.ma.us] Sent: Tuesday, May 14, 2013 10:08 AM To: Cormier, Jim; Segalla, Mark Subject: TWO ARRESTED IN CONNECTION WITH EXTENSIVE CRIMINAL ENTERPRISE INVOLVING HUMAN TRAFFICKING \4U114AC 0kkk111 At micm.y, (4 *0 kti The Commonwealth of Massachusetts FOR IMMEDIATE RELEASE May 13, 2013 Office of the Attorney General QE`s£ AS BURTON PLACE BOSTO1. (MASSACHUSETTS 0 2108 (617,) 727-1200 (61 7) 72' 470 TTY tti°���a° rn�xs *vti• � MEDIA CONTACT: Brad Puffer Emalie Gainey (617) 727 -2543 TWO ARRESTED IN CONNECTION WITH EXTENSIVE CRIMINAL ENTERPRISE INVOLVING HUMAN TRAFFICKING Operation Spanned Multiple Communities Including Bedford, Billerica, Medford, Reading, Wilmington, and Woburn BOSTON — A Medford woman and a Woburn man have been arrested in connection with running an extensive criminal enterprise involving human trafficking, Attorney General Martha Coakley announced today. Authorities allege that the extensive operation spanned multiple communities including Bedford, Billerica, Medford, Reading, Wilmington, and Woburn. Xiu J. Chen, 32, of Medford, and Ronald Keplin, 57, of Woburn, were arrested today without incident by State Police assigned to the AG's Office and agents from U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI), with assistance from various local police departments. Chen was arrested in Reading and Keplin was arrested in Woburn. Chen and Keplin are charged with Trafficking of Persons for Sexual Servitude (1 count each), Deriving Support from Prostitution (6 counts each) and Keeping a House of Ill Fame (6 counts each). Chen and Keplin are due to be arraigned tomorrow morning in Somerville District Court. "We allege that these individuals ran an extensive local human trafficking organization through what outwardly appeared to be legitimate businesses in multiple communities," AG Coakley said. "The trafficking of women is often insidious and out of public view, but it is happening right in our own communities. Today's arrests are due to a collaborative effort between our office, HSI and our local police partners and we thank them for assisting in this investigation and these arrests." 9dl "Few crimes strike at our community the way human trafficking does," said Michael Netherland, Deputy Special Agent in Charge of HSI Boston. "The grim reality is that human trafficking and sexual exploitation are a very real part of the modern world. HSI and our law enforcement partners in Massachusetts are committed to bringing these criminals to justice and rescuing their victims from a life in the shadows. We will continue to fight the battle to end human trafficking both here in the United States and around the globe." These arrests are the result of an investigation by Massachusetts State Police assigned to the Attorney General's Office, in conjunction with agents from HSI and officers from various local police departments, into allegations of human trafficking and prostitution in multiple Massachusetts communities. Authorities allege that Chen and Keplin operated six businesses that were portrayed as massage parlors but were in fact fronts for an extensive human trafficking operation. The businesses are: • Bedford Asian Bodywork a/k/a Bedford Wellness Center — Bedford, MA • Shrine Spa aWa Billerica Bodywork a/k/a Boston Chinese Club — Billerica, MA • Mystic Health Center — Medford, MA • Body Wellness Center — Reading, MA • Body Language — Wilmington, MA • Asian Bodywork a/k/a Woburn Wellness Bodywork — Woburn, MA During the course of the investigation, authorities developed evidence indicating that Chen and Keplin were the leaders of this operation, running a profitable and organized criminal enterprise through these businesses that had been set up as fronts for illegal activity. Through these businesses, Chen and Keplin allegedly offered sexual activity between women they employed and their clients in exchange for a fee. Authorities allege that together, Chen and Keplin coordinated the recruitment of women from across the eastern seaboard, including New York. They advertised sexual services on websites known to advertise prostitution, set up appointments for sexual encounters for the women, and managed the financial aspects of the organization. They also allegedly arranged for overcrowded housing for the women and facilitated the daily transportation of the women to and from the businesses. Today, State Police officers assigned to the AG's Office, HSI agents, and local law enforcement officers executed search warrants at the six businesses. Following the execution of the search warrants, Chen was arrested in Reading and Keplin was arrested in Woburn. Chen and Keplin are due to be arraigned tomorrow morning in Somerville District Court. The investigation remains ongoing. Since the new human trafficking law in Massachusetts went into effect in February 2012, the AG's Office has handled multiple cases. In March 2012, AG Coakley's Office arrested and arraigned four individuals charged in connection with running a human trafficking operation in and around the Boston area, who were then indicted in May 2012. In October 2012, the AG's Office arrested and arraigned three operators of so- called massage parlors in Wellesley and Revere in connection with human trafficking and prostitution. They were indicted in January. In December 2012, the AG's Office arrested a Dorchester man in connection with running a human trafficking and prostitution operation in the Greater Boston area. He and a Plymouth woman were indicted in March. The case is being prosecuted by Assistant Attorney General Deb Bercovitch, who handles human trafficking prosecutions within the AG's Enterprise and Major Crimes Division, with assistance from Investigator Jaclyn Morrill of AG Coakley's Financial Investigations Division. Victim Witness Advocate Nikki qd2 Antonucci of the AG's Victim Services Division is also assisting in the case. The investigation was conducted by Massachusetts State Police assigned to the Attorney General's Office and U.S. Immigration and Customs Enforcement's Homeland Security Investigations, with assistance from U.S. Customs and Border Protection, the Bristol County Sheriffs Office, the Middlesex County Sheriff's Office, and investigators from AG Coakley's Computer Forensics Lab. Acton, Boston, Bedford, Billerica, Burlington, Dracut, Malden, Medford, Providence RI, Reading, Revere, Waltham, Wilmington, and Woburn Police Departments also provided invaluable assistance in this case. ADDITIONAL COMMENTS FROM PARTICIPATING LAW ENFORCEMENT: Bedford Police Chief Robert Bon iorno "The men and women of the Bedford Police Department were happy to assist the task force in bringing a halt to this type of activity. The victimization of anyone, especially women, is reprehensible, and not the kind of behavior that will be tolerated in Bedford or in any of our communities." Medford Police Chief Leo Sacco, Jr. "The term human trafficking usually causes the average person to think of young girls being abused in far away places internationally, but today's events demonstrate that it does take place locally, in cities and towns, large and small, right here in the U.S. Thanks to the coordinated efforts of the law enforcement entities involved in this investigation this operation has been shut down." Reading Police Chief James Cormier "I would like to thank Attorney General Martha Coakley, the Massachusetts State Police, the Department of Homeland Security and all the other local police departments that have been involved in this lengthy investigation and its successful outcome. This investigation is a prime example for those who feel prostitution is a victimless crime, it is anything but victimless. Human trafficking has major implications on our communities and its victims, often young females seeking a better life. Our roles as protectors of those who are unable to protect themselves is showcased in cases such as this, the victims of human trafficking are the epitome of those who cannot protect themselves. The Reading Police Department is proud to have worked with our partners to impact this regional conspiracy, we still have more work to do in this very important area." Wilmington Police Chief Michael Begonis "We as local Chiefs are thankful for the work of Attorney General Martha Coakley and her staff for partnering with Local Law Enforcement leaders and investigators and bringing the expertise and resources of the Massachusetts State Police, Homeland Security Investigators and the Massachusetts Division of Public Licensure to bear on a scourge that resides in many communities both small and large. We jointly recognize the bigger picture regarding the effects of Human Trafficking within our communities. Collectively, disrupting and dismantling this criminal enterprise will not only remove the leaders of such an organization from our street but will also provide appropriate services for the young women, who are truly victims, bond to a life of indentured service. Investigating the Criminal enterprise beyond the narrow focus on the local crime of prostitution is an appropriate paradigm shift in investigative philosophy. After many hours of surveillance and investigation by our Law Enforcement partners, today's operation will remove this predatory criminal organization from our local streets and provide needed services and opportunities to their victims." Woburn Police Chief Robert Ferullo "Today's arrests were the culmination of a cooperative and comprehensive investigation between state, federal and many local law enforcement agencies coordinated by the Attorney General's office. This operation is a significant step in dealing with the wide spread problem of human trafficking and prostitution is our qd3 communities. On behalf of the citizens of Woburn I would like to thanks all of the agencies involved in making these arrests and look toward the just prosecution of those arrested today." L l C -W OFR Town of Reading r e 16 Lowell Street Reading, MA 01867 -2683 639'INCORQ0 Fax: (781) 942 -5441 Website: www.ci.reading.ma.us (781) 942 -9077 May 14, 2013 Mr. Bruno Campea, Sr. Project Manager Bayside Engineering, Inc. 600 Unicorn Park Woburn, MA 01801 Re: Main Street (Route28) and Hopkins Street Roadway Safety Audit Mr. Campea, In review of the draft Safety Audit I found the report successfully identifies the safety issues and potential safety enhancements observed and discussed at the meeting. In my opinion Table 2, which summarizes the safety issues and potential enhancements clearly demonstrates that the signalization of the intersection is the only enhancement that will provide long term high improvements to all of the safety issues identified. In addition to the safety issues identified in the report Fire Chief Burns indicated that in response to emergencies: • Hopkins Street is one of the primary access routes to Main Street and other areas at the southern end of the Town • emergency vehicles utilizing the intersection require the ability to proceed in the North and South directions on Main Street from the intersection. Additional comments by Chief Burns relative to signalized intersection improvements were: • the inclusion of Opticom • need to establish force account funds for the relocation of fire alarm if improvements required relocation of utility poles. Y, FFro .11 bouras, P.E. q6' May 15, 2013 Town Meeting Moderator Alan Foulds Town Clerk Laura Gemme Board of Selectmen 16 Lowell Street Reading, MA 01867 To Town of Reading Officials, LIc a os After much thought and many prayers I have decided not to seek re- appointment to the Bylaw Committee when my term expires on June 30, 2013. At June 30, 2013 1 will have served as a member of the Bylaw Committee for 27 years. The last 25 of those 27 years I have had the honor of serving as the Chair of the Committee. I thank the members of the Committee who had confidence in me and allowed me to serve as Chair over the years. I however feel at this point that it is time for a change and thus I will not be seeking to be re- appointed to the Committee. I do want to thank the Moderator, both present and past for their support of the Committee and for me as the Chair of the Committee. During my tenure on the Committee I had the privilege of serving with three members I hold in great esteem, George Theophanis, Jack Russell and Dolly Carroll. I thank them and consider them all friends. I thank the Town Manager and his staff for providing the Committee both support and information over the years. The professionalism displayed by the Town Manager and staff were much appreciated in gaining knowledge about the issues place before the Reading Town Meeting. I thank Town Meeting members themselves. Sometimes members agreed with the Committee's recommendation and sometime they disagreed but they always respected our positions. Finally, in order to avoid any confusion, I feel I must mention that my decision here does not affect my position as a Commissioner of the RMLD. I will continue to serve in that position as long as the voters, who allow me to serve, will let me serve. Respe ully s bmitted, Philip B. Pacino 4F