HomeMy WebLinkAbout2013-10-22 Board of Selectmen HandoutTown Manager's Report
Tuesday, October 22, 2013
ad hoc Charter Committee (CC) — Fourteen Town Meeting members plus Moderator Alan Foulds are
meeting every other Monday night to discuss changes to the Town Charter, in response to an Instructional
Motion by Town Meeting member Bill Brown. The CC is formed independently of the Town or School
departments. Issues that range from changing the size of the Board of Selectmen to formatting the
document are being discussed. There is some internal discussion among the CC as to their range of their
mission — some believe it is for minor changes only and a formal Charter Commission is required for more
substantial changes, but others disagree that there is any limit (I will ask Town Counsel). Their plan is to
file their completed work as a Home Rule petition to the State, and they do not seem inclined to ask
Reading voters to approve changes. Note that this approach is entirely legal, and the State decides what
changes are substantial enough to require a local election. The Town Clerk has advised the CC that the
Attorney General strongly suggests taking any changes to a local election, and she concurs. I attended
their meeting last night and asked how residents, businesses and other Board, Committee and
Commission members could contribute ideas and learn of their progress. CC Chair Alan Foulds will
present a Report to Town Meeting under Article 2, and will announce an as yet undetermined date for a
public forum to receive community feedback. We will make sure to invite every BCC volunteer and all
Town Meeting members via email or mail once this date is selected.
♦ Adopt -an- Island: The new islands at the intersection of Birch Meadow Drive & Oakland Road have been
adopted and RMHS Biology students are also involved studying the plants!
Community Services
♦ * Comprehensive Update of the Zoning By -Law — tonight two additional members of the public will be in
�.`y tonight seeking appointment. If approved, this will fill out the ad hoc Zoning Advisory Committee at seven
Q� members. The group will be very busy for the next year!
♦ *Wine Bunker — tonight Town Counsel will be present to assist in a couple of matters. One concerns a
;bequest sent in after your weekend packet was sent out concerning easing many of the restrictions on the
({� existing liquor license. A Hearing is open from your last meeting to consider this license transfer request.
Library
♦ Building project - update scheduled for tonight.
♦ Friends of the Library Week October 20 -26
Public Safety /Public Works
♦ Tree issue at 1037 Main Street — the Board received an email this weekend about a tree issue with a
resident. One of the trees in question belongs to the State, and the others are on private property but
they do overhang State property. We have contacted the State today to apprise them of the situation —
it is possible the resident did that previously upon our advice. The Town has no standing in this issue at
this point, unless there was a clear emergency.
♦ *Chapter 90 - The MMA has requested some legislative assistance in obtaining a long -term Bond Bill
3 ♦ West Street Road Improvements
• December advertisement date still planned
• All temporary easements have been appraised. Eng. Div. will begin sending out award letters.
Sidewalk addition (below) will most likely result in new /revised easements
• Town's consultant working on plan revisions to add approximately 500 linear feet of sidewalk which
was originally excluded from project to avoid constructing retaining walls. ( last 500 ft. of road — east
side before Willow /Summer intersection)
• MWRA consultant completed preliminary 36" water main route for intimal review by our consultant
and MassDOT
10/22/2013 2
Town Manager's Report
Tuesday, October 22, 2013
♦ Howard Street-Sewer Replacement
• Bids opened last Thursday Oct. 17th
• Ten (10) bids received ranging from $196,609.55 to $307,827.00 (Engineers estimate $260,000)
• Low bidder: Ventresca, Inc. of Stoneham, MA
• Expect signed contract within 1 to 2 weeks
• Contractor to start ASAP, most likely week of Nov. 5th or 12th (pending execution of contract)
• Contractor to work though winter, pending severity of winter
• Residents being notified this week
♦ Main Street Water Improvements (southerly section)
• MassDOT permit - obtained
• Project borings to be performed next week
♦ Traffic & Safety — after listening to a recent update, does the Board wish to schedule a Public
Hearing? Looking at your Agenda, we are already adding items for February/March.
School Department
*Naming Policy — please see a few pages on the Naming of Facilities or Places within or on School
Property. A few years ago the Selectmen briefly discussed a policy but did not pursue. I have received
J one request from the community recently to honor a long -time athletic participant by naming of all or a
portion of a Town field. If the Board wishes to pursue, I will draft a similar Naming Policy to be considered.
Upcominq Events:
October 30t — FY15 Budget Financial Forum (rescheduled by FINCOM)
November 7th — Adopt -an- Island reception at the Pleasant Street Center at 7pm
November 12th — Subsequent Town Meeting begins (Tuesday)
10/22/2013
0� OF i?E-4
tiC
w Office of the Town Manager 781- 942 -9043
�0 16 Lowell Street townmanager @ci.reading.ma.us
9; INC ORP�pP� Reading, MA 01867 www.readingma.gov /town - manager
To: Honorable Katherine Clark, State Senator 5th Middlesex
From: Bob LeLacheur
Date: October 22, 2013
RE: An Act improving drinking water and wastewater infrastructure
Dear Senator Clark,
I am writing today in strong support for the purpose of the above referenced Act, filed on Senate Docket
#1896 on October 3, 2013. Water and wastewater infrastructure are each among the most vital assets
that the Commonwealth and all of her communities are charged to protect and maintain in order to
safeguard the public health and welfare. I want to point out how communities like Reading could benefit
from infrastructure assistance.
In Reading, we have taken several pro- active steps to do our part. First, Town Meeting several years ago
voted to discontinue our local production of clean drinking water from the Ipswich River, one of the
most endangered basins in the Commonwealth, and join the MWRA. We did so at a great financial cost
to the rate payers because we believed it was the right thing to do for the long term and for future
generations. Second, we have continuously spent a great deal on maintaining both our water and sewer
infrastructure, also at significant cost to local rate payers. In the current capital plan, we have over $25
million in future water main maintenance projects and over $10 million in sewer station and sewer main
projects. None of these represent an expansion in service to new areas of the Town — all are designed to
reduce leakage and improve the current water and sewer systems. Frankly, we believe these proactive
steps are what all communities should be doing in this regard.
In Reading we have been promoting water conservation for decades, and as a result we have some of
the crispiest brown lawns and we boast some of the lowest water usage rates in the Commonwealth —
but we also suffer some of the highest water rates as a result. We use about 47 gallons per person per
day (g /p /d) in Reading, which is about half of the average usage across the state. For some local
comparisons, consider the usage in Woburn (87), Lynnfield (81 & 68 in their two districts), North
Reading (75), Stoneham (64) and Wakefield (61).
Unfortunately, this conservation also comes at a cost to the rate payers, since our MWRA entrance costs
(over $12 million) and our infrastructure maintenance costs are fixed debt payments. Lower water usage
therefore means these fixed costs increase water rates even higher. In effect, these high rates are a
product of what we think is appropriate behavior — maintain the public health and welfare through
(b�
careful infrastructure work, preserve the Ipswich River through seeking alternative water sources, and
use less water per capita.
The typical water (excluding sewer) bill in Reading is about $1,200 /year in a single family household. Our
decision to join the MWRA cost these rate - payers about $300 /year through FY 2028 when that debt is
finally repaid, while water infrastructure maintenance adds another $150 - $200 /year to that typical bill
on a schedule that lasts well beyond FY 2028. If we were not doing these things, our rates would be
similar to many communities.
I write to you once again in strong support of your desire to offer relief to communities that must bear
the cost of water and sewer infrastructure costs. However I request that you look beyond the SRF
program, which is designed for communities that have generally done a poor job with their
infrastructure (and therefore their rate - payers have not born any of these proactive costs). The Reading
rate - payers, who have in every instance made and continue to make responsible decisions to protect
future generations, deserve the same consideration as those communities that have not yet embarked
on that responsible journey.
Thanks for your consideration,
Robert W. LeLacheur, Jr. CFA
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
townmanager @ci.reading.ma.us
(P) 781 - 942 -9043
(F) 781 - 942 -9037
www.readingma.gov
III
SENATE DOCKET, NO. 1896 FILED ON: 10/3/2013
SENATE . . . . . . . . . . . . . . No.
Ebe CotmrronWealtb of Iftoarbuatto
PRESENTED BY:
James B. Eldridge
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and /or citizens respectfully petition for the passage of the accompanying:
An Act improving drinking water and wastewater infrastructure.
NAME:
James B. Eldridge
. . . . . . . . . . . . .......... . ............ ".1--l....' ..... ............ . ......................... .
Therese Murray
PETITION OF:
DISTRICT /ADDRESS:
Middlesex and Worcester
Plymouth and Barnstable
Bruce E. Tarr
First Essex and Middlesex
............... ....................... ..................... .......... ..................... __._............................................._......................_...... ..............
Katherine M. Clark
.................................................................._.........................................._..............................................................................<.....................................
.................... _...................... .......... _..................._............ ................... ......................... .................... ....................................... ..................................................................
Fifth Middlesex
Karen E. Spilka
.......................................................
............................... .................................................................................................... ...............................
Second Middlesex and Norfolk
............................... ..........................................................................................................................................................................................................................................................................
Richard T. Moore
........................... ........................ ....................................................
...............................
Worcester and Norfolk
Michael Barrett
........................................... ................... _ .................................................... .................................................................................................. _ .................................................. _........
Third Middlesex
........ ..._ _. ................................................
William N. Brownsberger
............................................... .......... ..............................
............... _ ................ .............. .............. ....................................... ..... ...... .............. ..........
Second Suffolk and Middlesex
....................... ................ _........ .............................................
Joan B. Lovely
................. ....................... .............._................ ......._._..................... _...........
Second Essex
.......................................................... ............................... _...............................................
Michael J. Rodrigues
............................................... ................ .................................................
............................... ................................................................................................................................................ ...............................
First Bristol and Plymouth
...................... ...........................................
Jennifer L. Flanagan
..........._......._.............................................. ............................... ................................ .................. ..........__.................. ._ ..........
Worcester and Middlesex
.......... ....... _........................................................................... ............................................. ....................... ................
Daniel A. Wolf
....................................................................._..................................................................................................................................._.........._..........................................................................................................................
................................... ................. ........ _ ................... ..................................... ............................................................................... _...................................................................
Cape and Islands
Benjamin B. Downing
....._......................... _.._ ................. _._._._.................
Berkshire, Hampshire, Franklin and
Hampden
..................................................................................................................................................................................................................
Patricia D. Jehlen
............................... ......................
Second Middlesex
................. .......................................................................................................................................
Cynthia S. Creem
.............................................. ........... .............................................................................
_.................................................................. ............................ ............ ........................................... ........................................................ _._............_............................................
............................... ............ First Middlesex and Norfolk
Thomas M. McGee
;.................................................. ...... ..................................... ...................................................................... _...........................................................
'Third Essex
...............................................................................................................................................................................................;........................................................................................................................................................................._.........................
Barry R. Finegold
...............................
Second Essex and Middlesex
ri
Stephen M. Brewer
Stanley C. Rosenberg
Sonia Chang -Diaz
Worcester, Hampden, Hampshire and
Middlesex
Hampshire, Franklin and Worcester
Second Suffolk
101
SENATE DOCKET, NO. 1896 FILED ON: 10/3/2013
SENATE . . . . . . . . . . . . . . No.
By Mr. Eldridge, a petition (subject to Joint Rule 12 and Senate Rule 20) of James B. Eldridge,
Therese Murray, Bruce E. Tarr, Katherine M. Clark and other members of the Senate for
legislation to improve drinking water and wastewater infrastructure. Environment, Natural
Resources and Agriculture.
Ebe CDiIYI oubjeaftb Of JRaozarbuzetto
In the Year Two Thousand Thirteen
An Act improving drinking water and wastewater infrastructure.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. To provide for certain unanticipated obligations of the commonwealth and
2 to meet certain requirements of law for fiscal year 2014 the sums set forth in section 2A are
3 hereby appropriated from the General Fund, for the several purposes and subject to the
4 conditions specified in said section 2A, subject to laws regulating the disbursement of public
5 funds.
6 SECTION 2A.
7 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
8 Department of Environmental Protection
9 2200 - 0135 ............... For planning or technical assistance grants under section 31 of
10 chapter 21 of the General Laws ....$1,500,000
11 SECTION 3. Section 813 of chapter 21 of the General Laws, as appearing in the 2012
12 Official Edition, is hereby amended by adding the following definition:-
13 "Transfer to address stressed basins ", an interbasin transfer of water to a basin that is
14 determined by the commission, after consultation with the department of environmental
15 protection, to experience ecological stress from degraded stream flows from a basin that is
16 determined by the commission not to be significantly and adversely affected by the transfer.
17 SECTION 4. Section 8C of said chapter 21, as so appearing, is hereby amended by
18 adding the following 3 paragraphs:-
19 Transfers to address stressed basins shall be exempt from the approval requirements in
20 section 81); provided, that the municipality requesting the transfer has received a determination
21 of public benefit from the department of environmental protection. In requesting a public benefit
22 determination, a municipality requesting a transfer shall demonstrate to that department which
23 sources in the receiving basin that it will discontinue upon receipt of the transfer. If such a
24 request is not denied within 20 business days of the date the department receives the request, it
25 shall be deemed approved.
26 Operators of sources in donor basins proposing to provide water to stressed basins may
27 request a determination in advance from the commission as to the volume of withdrawals
28 available without affecting stream flow in the donor basin. A determination by the commission
29 of volume available from the donor basin will be effective for 3 years from date of issuance.
30 Proposed transfers to stressed basins below the volume established by the commission shall be
31 deemed not to have an impact on that basin.
32 The commission may promulgate regulations specifying the procedures to be followed in
33 obtaining the exemption set forth in the previous 2 paragraphs.
34 SECTION 5. Section 26A of said chapter 21, as so appearing, is hereby amended by
35 inserting after the definition of "FWPCA" the following definition:-
36 "Green infrastructure ", energy and water efficiency, sustainability, environmentally
37 innovative technologies and water management measures that use the natural environment to
38 mitigate the use of water and wastewater infrastructure; provided that, in cities and towns, green
39 infrastructure practices may consist of site - specific practices, including but not limited to:
40 decentralized wastewater infrastructure, rain gardens, porous pavement at drinking water utility
41 facilities, green roofs, water efficient appliances and landscaping, infiltration planters, trees and
42 tree boxes and rainwater harvesting systems; provided, further, that regionally, green
43 infrastructure practices may consist of preservation and restoration of natural landscape features,
44 including but not limited to: forests, floodplains, wetlands and water supply protected land, as
45 well as onsite wastewater treatment and reuse, coupled with policies such as infill and
46 redevelopment that reduces overall imperviousness in a watershed.
47 SECTION 6. Section 27A of said chapter 21, as so appearing, is hereby amended by
48 striking out, in lines 2 and 3, the words "water pollution abatement trust" and inserting in place
49 thereof the following words:- Massachusetts Clean Water Trust.
50 SECTION 7. Said section 27A of said chapter 21, as so appearing, is hereby further
51 amended by striking out, in lines 10 and 12, the words "or section 6A" each time they appear.
I \)t
52 SECTION 8. Section 31 of said chapter 21, as so appearing, is hereby amended by
53 striking out the first sentence and inserting in place thereof the following sentence:- A public
54 entity may apply to the division for a planning or a technical assistance grant by the
55 commonwealth for the following purposes: assisting a public entity in developing a
56 comprehensive water pollution abatement plan for the public entity; assisting a public entity in
57 developing an integrated water asset management plan for the public entity; or assisting a public
58 entity identify and plan for green infrastructure opportunities, as defined in section 26A, for the
59 public entity.
60 SECTION 9. Said section 31 of said chapter 21, as so appearing, is hereby further
61 amended by inserting after the word "Planning ", in line 12, the following words:- or technical
62 assistance.
63 SECTION 10. Said chapter 21 is hereby further amended by inserting after section 31 the
64 following section:-
65 Section 31A. Subject to appropriation, the department of environmental protection shall
66 administer a matching grant program for communities who desire to join the Massachusetts
67 Water Resources Authority system for wastewater, drinking water or for both wastewater and
68 drinking water. Each grant shall match, on a 1:1 basis, money committed by a local government
69 unit or a regional local governmental unit, as defined in section 1 of chapter 29C, to pay the entry
70 fee established by the Massachusetts Water Resources Authority under section 8 of chapter 372
71 of the acts of 1984. The department shall award grants only to a local governmental unit or
72 regional local governmental unit that satisfies the department that it has committed funds to join
73 said Authority. Should the local governmental unit or regional local governmental unit fail to
74 join said Authority after receiving a grant under this section, the local governmental unit or
75 regional local governmental unit shall return money granted under this section to the department.
76 SECTION 11. Section 38 of said chapter 21, as appearing in the 2012 Official Edition, is
77 hereby amended by inserting after the word "control ", in line 4, the following words:- innovative
78 water technologies.
79 SECTION 12. Section 13 of chapter 21 A of the General Laws, as so appearing, is hereby
80 amended by inserting after the first paragraph, the following 3 paragraphs:-
81 In promulgating regulations regarding the enforcement of this section, including
82 regulations requiring any forms utilized by septic system inspectors or local boards of health, the
83 commissioner shall minimize the paperwork burden for individuals, small businesses,
84 contractors, state and local governments and their agents and strive to ensure the greatest
85 possible public benefit from and maximize the utility of information collected, created,
86 maintained, used, shared and disseminated by or for the purpose of said code and to reduce the
87 number of copies required for official use. The commissioner shall promulgate regulations
(1-1�
88 establishing a reasonable fee, which may be charged by septic system inspectors and boards of
89 health, for copies of inspection reports and other paperwork.
90 For the purposes of this section, the term "burden" shall mean the time, effort or financial
91 resources expended by persons to generate, maintain or provide information to or for a
92 governmental agency, including the resources expended for: reviewing instructions; acquiring,
93 installing and utilizing technology and systems; adjusting the existing ways to comply with any
94 previously applicable instructions and requirements; searching data sources; completing and
95 reviewing the collection of information; and transmitting or otherwise disclosing the information.
96 For the purposes of this section, the term "information collected" shall mean requiring the
97 disclosure to third parties or the public of facts or opinions by an agency or obtaining, causing to
98 be obtained or soliciting facts or opinions for an agency, regardless of form or format; provided,
99 that the facts or opinions constitute either: (i) answers to identical questions posed to, or identical
100 reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies,
101 instrumentalities or employees of the commonwealth or its political subdivisions; or (ii) answers
102 to questions posed to agencies, instrumentalities or employees of the commonwealth or its
103 political subdivisions which are to be used for general statistical purposes.
104 SECTION 13. Section 2 of chapter 21 G of the General Laws, as so appearing, is hereby
105 amended by inserting after the definition of "Existing withdrawal" the following definition:-
106 "Irrigation system ", any assemblage of components, materials or special equipment that
107 is constructed and installed underground or on the surface for controlled dispersion of water from
108 any safe and suitable source for the purpose of irrigating landscape vegetation or the control of
109 dust and erosion on landscaped areas; including, integral pumping systems and required wiring
110 within that system and connections to a public or private water supply system; provided,
111 however, that an irrigation system shall not include plumbing, as defined in section 1 of chapter
112 142, or a plumbing system.
113 SECTION 14. Said chapter 21 G is hereby further amended by adding the following 2
114 sections:-
115 Section 21. (a) There shall be a water leak classification standard in the commonwealth
116 for all public water systems.
117 (b) All reported water leaks shall be graded using the following system:
118 (1) Grade 1. A leak that is hazardous or potentially hazardous to persons or property. A
119 grade 1 leak requires repair and continuous action until the conditions are no longer hazardous. A
120 public water system shall schedule repairs immediately and shall keep the grade 1 leak under
121 continuous surveillance until the hazard or source of the leak is eliminated. A public water
A
122 system shall immediately notify the fire department and chief law enforcement officer in each
123 city or town where a grade 1 leak is identified.
124 (2) Grade 2. A leak that is non - hazardous to persons or property at the time of detection
125 but justifies scheduled repair because of a potential future hazard. A public water system shall
126 repair grade 2 leaks within 12 months from the date the grade 2 leak was detected. The frequency
127 of reevaluation shall be determined by the location and magnitude of the leak, but shall be
128 reevaluated by the public water system at least once every 6 months until eliminated.
129 (3) Grade 3. A leak that is non - hazardous at the time of detection and can be reasonably
130 expected to remain non - hazardous. Grade 3 leaks shall be reevaluated during the next scheduled
131 survey or within 15 months of the last evaluation date, whichever occurs first, until the grade 3
132 leak is eliminated or the main is replaced.
133 (c) Each public water system shall report annually to the department, as part of the annual
134 statement of withdrawal, the following information: (i) the location of each grade 1, grade 2 and
135 grade 3 leak that has been classified by the public water system; (ii) the date each grade 1, grade
136 2 and grade 3 leak was classified; and (iii) the date of repair performed on each grade 1, grade 2
137 and grade 3 leak.
138 (d) A public water system shall not downgrade a grade 1 or grade 2 leak unless the leak is
139 repaired.
140 (e) The department shall make water leak information required by subsection (c)
141 available, upon request, to any municipal or state public safety official or any member of the
142 General Court.
143 (f) The department shall promulgate regulations necessary to implement the uniform leak
144 classification standards, as specified in this section, and shall continue to oversee and monitor
145 public water systems' responses and reporting.
146 (g) Public water systems may establish procedures that exceed the minimum uniform
147 procedures established by the department. The department shall file a report of the findings, not
148 later than January 1, 2014, with the clerks of the house of representatives and the senate, who
149 shall forward a copy of the report to the chairs of the joint committee on environment, natural
150 resources and agriculture.
151 Section 22. (a) The department shall adopt, and may amend, regulations that require
152 system interruption devices for newly installed or renovated irrigation systems to override and
153 suspend the programmed operation of the irrigation system during periods of sufficient moisture.
154 The department shall specify the criteria that devices are required to meet under this section. The
155 regulations shall: (i) be in accordance with generally accepted standards of irrigation practice;
156 (ii) include a requirement that all such devices be inspected at least every 3 years by an irrigation
A�
157 contractor certified and in good standing with a nationally recognized association; and (iii)
158 require each irrigation contractor to complete and submit documentation, along with a minimal
159 fee which shall reflect the costs of accepting and processing such documentation, to the
160 municipality or the municipality's board of water commissioners for each newly installed or
161 renovated irrigation system in that municipality. The department may impose reasonable fines
162 for a violation of the regulations promulgated under this section.
163 (b) This section shall not apply to systems operating on golf courses or agricultural lands.
164 SECTION 15. Section 10 of chapter 23L of the General Laws, as appearing in the 2012
165 Official Edition, is hereby amended by adding the following subsection:-
166 (c) This chapter shall not apply to section 39M of chapter 40.
167 SECTION 16. Section 2L of chapter 29 of the General Laws, as so appearing, is hereby
168 amended by striking out, in line 5, the words "water pollution abatement trust" and inserting in
169 place thereof the words:- Massachusetts Clean Water Trust.
170 SECTION 17. Section 2QQ of said chapter 29, as so appearing, is hereby amended by
171 striking out, in line 5, the words "water pollution abatement trust" and inserting in place thereof
172 the words:- Massachusetts Clean Water Trust.
173 SECTION 18. Chapter 29C of the General Laws, as so appearing, is hereby amended by
174 striking out the title and inserting in place thereof the following title:- MASSACHUSETTS
175 CLEAN WATER TRUST.
176 SECTION 19, Section 1 of said chapter 29C, as so appearing, is hereby amended by
177 striking out, in line 3, the words "water pollution abatement trust ", each time they appear, and
178 inserting in place thereof the following words:- Massachusetts Clean Water Trust.
179 SECTION 20. Said section 1 of said chapter 29C, as so appearing, is hereby further
180 amended by inserting after the definition of "Bonds" the following definition:-
181 "Committed contract assistance ", in any year, the sum of (i) the amount of contract
182 assistance that the commonwealth has committed to provide in such year with respect to bonds
183 of the trust issued, subsidy funds established, and all other board - approved financial assistance
184 established or committed prior to such year; and (ii) the amount of contract assistance that the
185 board determines will be required to be so committed in such year to provide a subsidy or other
186 financial assistance, including without limitation with respect to bonds of the trust expected to be
187 issued in such year.
188 SECTION 21. Said section 1 of said chapter 29C of the General Laws, as so appearing, is
189 hereby amended by striking out the definition of "Trust" and inserting in place thereof the
190 following definition:-
191 "Trust ", the Massachusetts Clean Water Trust; provided, however, that the Massachusetts
192 Clean Water Trust shall be the successor to the water pollution abatement trust.
193 SECTION 22. Section 2 of said chapter 29C, as so appearing, is hereby amended by
194 striking out, in lines 5 and 6, the words "water pollution abatement trust" and inserting in place
195 thereof the following words:- Massachusetts Clean Water Trust.
196 SECTION 23. Said chapter 29C is hereby amended by striking out section 6, as so
197 appearing, and inserting in place thereof the following section:-
198 Section 6. (1) Subject to limitations in other laws respecting the use of particular monies
199 in the fund and any trust agreement for bonds of the trust, the board may also apply and disburse
200 monies and revenues in the fund or segregated accounts therein: (i) after taking account of any
201 grant made by the department under section 3 3 E of chapter 21, to provide, and enter into binding
202 commitments to provide, a subsidy for, or to otherwise assist local governmental units in the
203 payment of, debt service costs on loans and other forms of financial assistance made by the trust;
204 and (ii) to provide reserves for, or to otherwise secure, amounts payable by local governmental
205 units on loans and other forms of financial assistance made by the trust under this chapter.
206 (2) The board shall apply and disburse monies in the fund and in the Drinking Water
207 Revolving Fund, established under section 18, as applicable, including contract assistance
208 provided in this section, or shall otherwise structure the debt service costs on loans and other
209 forms of financial assistance made by the trust to provide a subsidy or other assistance to local
210 governmental units or other eligible borrowers in the payment of debt service costs on such loans
211 and other forms of financial assistance that shall be the financial equivalent of a loan made at an
212 interest rate equal to 2 per cent. Notwithstanding the foregoing, but subject to the limit on
213 contract assistance provided in this section and the availability thereof after taking into account
214 committed contract assistance, the board may commit such available contract assistance to
215 provide additional financial assistance to local governmental units in compliance with paragraph
216 (9) of this section or other eligible borrowers that shall be the financial equivalent of a loan made
217 at an interest rate less than 2 per cent and which assistance may include principal forgiveness;
218 provided that principal forgiveness committed under this section in any year shall not exceed
219 25% of all financial assistance committed under this section for such year.
220 (3)The board shall promulgate regulations under section 7 of this chapter establishing
221 criteria that the department shall use to evaluate applications for additional financial assistance
222 equivalent to a loan made at an interest rate of less than 2 per cent. The criteria shall be reflective
223 of the board's current priorities and of best management practices and may include, but shall not
224 be limited to: (i) adoption of systematic, coordinated asset management planning by the local
225 governmental unit or other eligible borrower; (ii) progress made by the local governmental unit
226 or other eligible borrower toward implementation of full -cost pricing; (iii) the median income or
227 equalized valuation within the service area of the local governmental unit or other eligible
228 borrower; and (iv) qualification of the local governmental unit as a regional local governmental
229 unit. Notwithstanding the foregoing regulations, all permanent loans and other forms of
230 financial assistance made by the trust, which finance the costs of certain water pollution
231 abatement projects on the department's intended use plan for calendar year 2009 to calendar year
232 2069, inclusive, and meet the criteria listed below, shall provide for a subsidy or other assistance
233 in the payment of debt service such that the loans and other forms of financial assistance shall be
234 the financial equivalent of a loan made at a 0 per cent rate of interest; provided, that the costs of
235 water pollution abatement projects on an intended use plan that are eligible for a permanent loan
236 or other financial assistance from the trust at the financial equivalent of a loan made at a 0 per
237 cent rate of interest shall not exceed 35 per cent of the total costs of all water pollution abatement
238 projects on the intended use plan.
239 (4) Projects , shall be eligible for the 0 percent rate of interest loans if the department
240 verifies that:
241 (i) the project is primarily intended to remediate or prevent nutrient enrichment of a
242 surface water body or a source of water supply;
243 (ii) the applicant is not currently, due to a violation of a nutrient - related total maximum
244 daily load standard or other nutrient based standard, subject to a department enforcement order,
245 administrative consent order or unilateral administrative order, enforcement action by the United
246 States Environmental Protection Agency or subject to a state or federal court order relative to the
247 proposed project;
248 (iii) the applicant has a Comprehensive Wastewater Management Plan ( "CWMP ")
249 approved under regulations adopted by the department;
250 (iv) the project has been deemed consistent with the regional water resources
251 management plans, including, but not limited to, a current area -wide water resources
252 management plan adopted under section 208 of the federal Clean Water Act, if such a plan
253 exists; and
254 (v) the applicant has adopted land use controls, subject to the review and approval of the
255 department in consultation with the executive office of housing and economic development and,
256 where applicable, any regional land use regulatory entity, intended to limit wastewater flows to
257 the amount authorized under zoning and wastewater regulations as of the date of the approval of
258 the CWMP.
259 (5) The board shall promulgate regulations under section 7 of this chapter establishing
260 criteria that the department shall use to evaluate applications for additional financial assistance,
261 including principal forgiveness. Such criteria shall include, but not be limited to, the following
262 requirements, any 1 of which shall be sufficient to qualify the project for assistance: (i) the
263 project is pursuant to a regional wastewater management plan that has been adopted by a
264 regional planning agency with regulatory authority; (ii) the project is necessary to connect a local
265 or regional local governmental unit to a facility of the Massachusetts Water Resources Authority,
266 if the local or regional local governmental unit has paid or committed to pay the entry fee of that
267 authority; (iii) the project is a green infrastructure project, as defined in section 26A of chapter
268 21, that is more cost - effective or less expensive than traditional infrastructure in providing an
269 equivalent amount of wastewater or drinking water capacity; (iv) the project uses regional water
270 resources to offset, by at least 100 per cent, the impact of water withdrawals on local water
271 resources in the watershed basin of the receiving community; or (v) the project is a direct result
272 of a disaster affecting the service area that is the subject of a declaration of emergency by the
273 governor.
274 (6) To provide for such subsidy or assistance, the state treasurer acting on behalf of the
275 commonwealth shall enter into an agreement with the trust. Under the agreement, the
276 commonwealth shall provide contract assistance for debt service obligations on loans and other
277 forms of financial assistance made by the trust, up to a maximum amount of $138,000,000 per
278 fiscal year. The agreement shall provide for payments by the commonwealth to the trust at such
279 times during each fiscal year and upon such terms and under such conditions as the trust may
280 stipulate. The trust may pledge such agreement and the rights of the trust to receive amounts
281 thereunder as security for payment of debt obligations issued to the trust. Such agreement shall
282 constitute a general obligation of the commonwealth, for which the faith and credit of the
283 commonwealth shall be pledged for the benefit of the trust and of the holders of any debt
284 obligations of the trust which may be secured by the pledge of such agreement or of amounts to
285 be received by the trust under such agreement.
286 (7) Notwithstanding any general or special law to the contrary, the commonwealth, by
287 and through the state treasurer and subject to appropriation, shall reimburse the Massachusetts
288 Water Resources Authority for its costs in providing cities and towns, within its sewer service
289 area, financial assistance in the form of interest free grants and loans to rehabilitate their
290 collection systems, to structurally reduce infiltration and inflow that is the tributary to the
291 treatment facilities owned by the authority and located on Deer Island and Nut Island. Such
292 reimbursement shall be in addition to the contract assistance amounts subject to the limit set
293 forth in the preceding paragraph, but shall not be greater than 10 per cent of the maximum
294 amount set forth in that paragraph.
295 (8) Each year, the trust shall commit contract assistance for debt service obligations on
296 loans and other forms of financial assistance made by the trust in an amount that is at least 80 per
297 cent of the limit set forth in paragraph (6). If, in any year, the trust is unable to satisfy the 80 per
298 cent threshold, the trust shall file a written report with the office of the state treasurer, the
299 department, the chairs of the house and senate committees on ways and means, and the house
300 and senate chairs of the joint committee on the environment, natural resources and agriculture,
301 not later than January 1 of that fiscal year, explaining the reasons why the 80 per cent threshold
302 was not satisfied in that year.
303 (9) With respect to projects appearing on the department's intended use plan for calendar
304 year 2016 and subsequent years, (1) the board shall not commit contract assistance to provide for
305 the additional subsidy or other form of financial assistance referred to in paragraphs (3), (4), or
306 (5) of this section to any local governmental unit unless it has established a sewer enterprise fund
307 or water enterprise fund, as applicable, under section 53171/2 of chapter 44, and (2) any local
308 government unit that transfers or otherwise uses money from its enterprise fund to support its
309 operating budget will not be eligible to seek new commitments of contract assistance to provide
310 for the additional subsidy or other form of financial assistance referred to in paragraphs (3), (4),
311 or (5) of this section for a period of 10 years following the date of such transfer or other use.
312 SECTION 24. Section 6A of said chapter 29C is hereby repealed.
313 SECTION 25. Section 18 of said chapter 29C, as appearing in the 2012 Official Edition,
314 is hereby amended by striking out subsection (g).
315 SECTION 26. Chapter 40 of the General Laws is hereby amended by inserting after
316 section 39L the following section:-
317 Section 39M. (a)Notwithstanding any general or special law to the contrary, a city, town,
318 water district, wastewater district, stormwater utility or statutory authority created to operate a
319 water distribution or wastewater collection system or stormwater system which accepts this
320 section may collect a reasonable fee to be used exclusively for measures to remedy and offset the
321 impacts on the natural environment of new or increased water withdrawals, sewering,
322 wastewater discharges, stormwater discharges or impairment of recharge of groundwater through
323 depletion of ground or surface waters and to sustain the quantity, quality and ecological health of
324 waters of the commonwealth. Such measures to remedy and offset these impacts include, without
325 limitation, local recharge of stormwater and wastewater; redundant water sources; reductions in
326 loss from drinking water systems; treatment of drinking water or interconnections with other
327 systems for the purposes of optimizing water supply sources for environmental benefit;
328 expansion of stormwater treatment and wastewater treatment systems; reuse of water; removal of
329 sewer infiltration and inflow; water conservation; retrofits of existing buildings and parking lots
330 with low impact development methods; removal of dams; improvements to aquatic habitat;
331 development of integrated water resources management plans, studies and planning to mitigate
332 environmental impacts; and land acquisition for the protection of public water supply sources,
333 siting of decentralized wastewater facilities, stormwater recharge sites or riparian habitat. The
334 fee, which may be based on retaining within the basin or saving at least 1 gallon, but no more
335 than 10 gallons, for every gallon of increased water or sewer demand or net impairment of
336 recharge shall be assessed in a fair and equitable manner and separate fees may be established for
337 different types of uses, such as residential and commercial uses.
338 (b) When adopting this section, the city, town, district or statutory authority shall
339 designate the board, commission or official responsible for assessing, collecting and expending
( \Ri
Town Manager's Report
Tuesday, October 22, 2013
Administration (* indicates attachment in tonight's packet)
♦ Volunteer Opportunities!!
• Please check out the Town's website for some background information at
http: / /www.readingma.gov /pages /volunteers- wanted -0 and to download an application form at
http: / /www readingma gov/ sites /readingma /files /file /file /volunteer application .Pd
• We need two volunteers for the Bylaw Committee. Currently there are only three of five
positions filled, and due to a recent medical situation the Committee is unable to meet in
quorum this week as previously planned, in advance of November Town Meeting.
"The Bylaw Committee shall propose and consider changes in the Bylaws and shall report its findings on all such
Articles on the Warrant, in writing, at least seven days before Town Meeting. Such a report shall not preclude
further action or reconsideration by the Bylaw Committee. "
• Other opportunities include two openings for the public on the Zoning Advisory Committee (may
be filled tonight); one opening each on the Finance Committee, the Council on Aging and the
Celebration Committee. Please send or drop off applications to Town Clerk Laura Gemme
(Igemmea- ci. read ing. ma. us).
♦ On November 5th the Board is going to review the Enterprise Funds.
• The Conservation Committee will join you for a joint discussion on the two River projects
currently in the long -term capital plan of the Storm Water fund.
• Water /Sewer rates & bills are an ongoing point of discussion in the Town. Following is a list of
action items to consider. Please note each would take time & research before we can really
judge the impacts, but any /all of them are viable from my perspective:
■ Delay the yearly rate change (i.e. rate increase) from September to December. This will
lessen the shock of adding a new (higher) rate to heavier summer usage — we have plenty
of water /sewer reserves to tide us over for this 3 -month delay in FY15. While it may seem
to fly in the face of efforts to conserve water on the surface, Reading already has among
the lowest water usage per capita in the state;
• Split the water rate by usage (two or three tiers — reward conservation efforts);
■ Remove some debt from the water /sewer bill and ask voters to exclude it and add it on top
of their property tax bill — this is a complex issue;
■ Allow a second water meter for irrigation systems, exempt this usage from sewer charges;
*Lobbying efforts on Beacon Hill to also support relief for those communities that are doing
Q the right thing by maintaining their water & sewer infrastructure (please see copy of draft
legislation & a draft memo to Senator Katherine Clark);
♦ Health insurance news: First some good local news — our retiree insurance has two parts and each
change on January 1St: Medex 2 is a modest +4% increase, and our Blue Care Medicare RX is a startling
35% decrease, for a combined drop of about 14 %. This saves us over $100,000 versus what was
budgeted. Second, an interesting note about Saugus, the first community that opted in to the GIC is now
opting out: http: / /www.itemlive.com/ news /saugus- opts- out -of- health- care - program /article 4ecec2cc -3a98-
11 e3-be94-001 9bb2963f4. htm I
♦ *The Finance Committee approved "Peer Communities Benchmarking Guidelines" as a best practice for
any broad budget or financial comparison. Peer Communities were derived by an independent statistical
'✓study from 2007/2008, and includes these 23 towns in the Commonwealth: Andover, Bedford, Belmont,
Q Burlington, Canton, Danvers, Dedham, Lynnfield, Mansfield, Marshfield, Milton, Natick, North Reading, North
Andover, Shrewsbury, Stoneham, Tewksbury, Wakefield, Walpole, Westborough, Westford, Wilmington and
Winchester.
10/22/2013 1
340 the fee. Fees assessed under this section shall be deposited by the designated board, commission
341 or official in separate accounts, established under section 53171/2 of chapter 44, and classified as
342 "Sustainable Water Resource Funds" for drinking water, wastewater or stormwater. The principal
343 and interest thereon shall be expended at the direction of the designated board, commission or
344 official without further appropriation. These funds shall not be used for any purpose not provided
345 in this section. These funds may also receive monies from public and private sources as gifts,
346 grants and donations to further water conservation, water return or water loss prevention; from
347 the federal government as reimbursements, grants -in -aid or other receipts on account of water
348 infrastructure improvements; or fines, penalties or supplemental environmental projects. Any
349 interest earned from whatever source shall be credited to and become part of the fund.
350 (c) A city, town, district or authority that has accepted this section may in the same
351 manner revoke its acceptance. Monies remaining in the fund shall be expended in a manner
352 consistent with this section.
353 SECTION 27. Chapter 44 of the General Laws is hereby amended by adding the
354 following section:-
355 Section 73. Any design and construction services included in a public - private partnership
356 development agreement seeking assistance under chapter 29C shall receive input from the
357 public - private partnership infrastructure oversight commission, established in section 73 of
358 chapter 6C, on all requests for proposals for design - build- finance - operate- maintain or design -
359 build- operate- maintain services.
360 SECTION 28. Sections 26 and 27 of chapter 203 of the acts of 1992 are hereby repealed.
361 SECTION 29. Section 420 of chapter 194 of the acts of 1998 is hereby amended by
362 striking out, in line 2, the words "water pollution abatement trust" and inserting in place thereof
363 the words:- Massachusetts Clean Water Trust.
364 SECTION 30. Said section 420 of said chapter 194 is hereby further amended by striking
365 out, in line 11, the words "or section 6A ".
366 SECTION 31. Said section 420 of said chapter 194 is hereby further amended by striking
367 out, in lines 13 to 16, inclusive, the words "or said section 6A; provided, however, that the total
368 amount of contract assistance paid by the commonwealth over the life of such loan shall not
369 exceed the amount of contract assistance that would have been paid if such loan had been made
370 for a 20 -year period ".
371 SECTION 32. Section 32 of chapter 312 of the acts of 2008 is hereby amended by
372 striking out, in line 7, the words "or section 6A ".
373 SECTION 33. Notwithstanding any general or special law to the contrary, not later than
374 June 30, 2014, the board of the Massachusetts Clean Water Trust established in chapter 29C, in
375 consultation with the division of local services within the department of revenue, established in
376 section 1 of chapter 14 of the General Laws, shall establish and publish guidelines for best
377 management practices in water management. These guidelines shall include, but not be limited
378 to, the practice of full cost pricing, including which direct and indirect costs shall be included in
379 full cost pricing, sound financial management, the use and protection of enterprise funds, the
380 coordination of intra - municipal and inter - municipal projects involving inter - related infrastructure
381 to reduce project costs, the adoption of an asset management plan and a plan for leak mitigation.
382 The demonstration of adoption of these best management practices shall be considered favorably
383 in decisions about wastewater and drinking water project funding made under that chapter.
384 SECTION 34. Notwithstanding any general or special law to the contrary, nothing in this
385 act is intended to, or shall be construed to, affect in any way the existing commitments of
386 contract assistance or other amounts heretofore provided by the Water Pollution Abatement Trust
387 under general or special law. All agreements and obligations heretofore made under sections 6 or
388 6A, subsection (g) of section 18 or any other provision of chapter 29C of the General Laws,
389 sections 26 and 27 of chapter 203 of the acts of 1992, section 420 of chapter 194 of the acts of
390 1998 or any other general or special law shall remain in full force and effect under their terms.
391 SECTION 35. Subsection (c) of section 21 of chapter 21G of the General Laws shall take
392 effect on March 1, 2014.
393 SECTION 36. Except as otherwise provided, this act shall take effect upon its passage.
n
Peer Communities Benchmarking Guidelines
Finance Committee
Adopted October 2013
The Finance Committee ( FINCOM) of the Town of Reading hereby establishes
and adopts Benchmarking Guidelines, establishing a financial best practice of
using Peer Communities when making financial comparisons.
FINCOM recognizes that under Proposition 2 -1/2 in Massachusetts, communities are
financially constrained by fundamental commercial /residential demographics and other
economic factors.
For purposes of any broad budget or financial comparison, FINCOM defines Peer
Communities to be those deemed financially statistically similar to Reading by an
independent study by Stone Consulting in December 2008. Updated studies are
suggested to ensure that this list is kept up to date.
Therefore the following list constitute Reading's 23 Peer Communities: Andover,
Bedford, Belmont, Burlington, Canton, Danvers, Dedham, Lynnfield, Mansfield,
Marshfield, Milton, Natick, North Reading, North Andover, Shrewsbury, Stoneham,
Tewksbury, Wakefield, Walpole, Westborough, Westford, Wilmington and Winchester.
FINCOM also recognizes that in some instances, a second set of comparisons with
other Massachusetts communities can add valuable insight.
PSI
APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMIVIISSIONS
Name: i6 IEG i 2Q,v( ( C— —:T�-(-AJ Date:
(Last) (First) (Middle)
Address: � 9 �� { �y S Tel. (Home) 0t f *+
Tel. (Work)
(Is this number listed ?) Yf- S
Occupation: C- — A -9 v' 1 5K,- 2 # of years in Reading:
Are you a registered voter in Reading ?_ e-mail addres.
Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority.
(Attach a resume if available.)
_Animal Control Appeals Committee
_Audit Committee
`Board of Appeals
Board of Cemetery Trustees
JBoard of Health
_Board of Registrars
`Bylaw Committee
_Celebration Committee
_Cities for Climate Protection
Commissioner'of Trust Funds
_Community Planning & Development Comm.
Conservation Commission
Constable
_Contributory Retirement Board
Council on Aging
Cultural Council
Custodian of Soldiers' & Sailors' Graves
`Economic Development Committee
_Fall Street Faire Committee
_Finance Committee
_Historical Commission
_Housing Authority
Human Relations Advisory Committee
yMBTA Advisory Committee
_Metropolitan Area Planning Council
_Mystic Valley Elder Services
_Recreation Committee
_RMLD Citizens Advisory Board
_Town Forest Committee
_Trails Committee
_West Street Historic District Commission
✓Othe 4 (f_-: vb AOV ,
Please outline relevant experience for the position(s) sought:
q a, 7---
Eric J. Bergstrom
29 Sturges Road ♦ Reading, MA 01867 ♦ (781) 944 - 3167♦ Email:
Experience:
7104—Present Morgan Stanley Wealth Management
Financia /Advisor
• Working with small business owners and individual investors
• Associate of Portfolio Management program at Morgan Stanley
■ Ranked in the top 15 percent nationally in the MSDW training program.
■ Raised $30 million dollars of net new assets in first five years of production.
• Continuing to build a strong referral network with Attorneys and CPA's.
7103 -06104 Bank of America
Investment Representative. Quick & ft ffy, Inc. Member NYSE
• Developed customer relationships through a combination of proactive advice and appropriate
financial solutions.
• Generated over $2 million in new sales of Mutual Funds and Fixed Annuities.
• Combined with Bank Manager and branch staff and offered all banking products.
• Partnered with a top producing Vice President/Senior Financial Consultant.
3101-5103 Natixis Global Asset Management
Team Leader/Inside Investment Consultant National Sales Desk
■ Developing and Implementing strategies to market Oakmariy Loomis Say /es, AEW and NGAM
products to investment professionals.
• Specializing in four distinct lines of business: load mutual fund, no-load or wrap mutual fund,
separate account and retirement/variable annuity.
• Overseeing several Inside Investment Consultants and reporting to "P.
2199-3101 Eaton Vance Distributors
Seniorintema/ Who %sa /er
• Wholesaled mutual funds to retail brokers and bank representatives.
• Increased mutual fund sales in two Mid -West territories by over 50 %.
• Established #1 fastest growing IFI and wire house territory in 2000.
• Participated in and coordinated several marketing campaigns, sales presentations and trade shows
with external wholesaler.
Middleton, MA
Andover, MA
Boston, MA
Boston, MA
12197 -2199 Fidelity Institutional Retirement Services Co Malfborouyh, MA
Service Delivery Specialist
■ Liaison role between the Participant Services Group and Client Services communicating operational
and systems issues for several corporate sponsored plans.
Participant Service Representative
• Provided defined contribution (401k) service to all FIRSCo clients both accurately and efficiently
6191 -4196 Nabisco Biscuit Co. Salem, NH
&7/es Representative
■ Managed account base in the metropolitan New York territory (1991 to 1993).
• Created new sales opportunities and sold multiple product lines.
■ Consistently met and exceeded monthly sales quota of $200,000.
Education: Gordon College Wenham, MA
Bachelor of Arts in Business Administration, May 1989
Working towards obtaining CRPC exam
Skills: Profident in the following software applications: Microsoft Office
Applications, Morningstar Prindpia Pro, Siebel and ACT!
License: National Association of Securities Dealers Inc. (NASD)"
Series 7, 65, 31 and 63 licenses. Life and Health Insurance Agent - Massachusetts / /Q
�( N
APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS
Name: Calvo -Bacci Erin
(Last) (First)
Address: 494 Main Street
Kathleen Date: 10/17/13
(Middle)
Occupation: Owner Bacci Chocolate Design
Tel. (Home)_ 781 - 9440730
Tel. (Work)
(Is this number listed ?)
# of years in Reading: 3
Are you a registered voter in Reading? yes e-mail addre:
Place a number next to your preferred position(s) (up to four choices) with #I being your first priority.
(Attach a resume if available.)
_Animal Control Appeals Committee
_Audit Committee
_Board of Appeals
_ Board of Cemetery Trustees
_.Board of Health
Board of Registrars
_Bylaw Committee
Celebration Committee
Cities for Climate Protection
_Commissioner of Trust Funds
_Community Planning & Development Comm.
Conservation Commission
—Constable
— Contributory Retirement Board
Council on Aging
_Cultural Council
_Custodian of Soldiers' & Sailors' Graves
Economic Development Committee
Please outline relevant experience for the position
A s a business owner and member of the
and a member of the
_Fall Street Faire Committee
_Finance Committee
_Historical Commission
—Housing Authority
...—Human ~ Relations Advisory Committee
MBTA Advisory Committee
_Metropolitan Area Planning Council
_Mystic Valley Elder Services
Recreation Committee
RMLD Citizens Advisory Board
Town Forest Committee
"Trails Committee
_West Street Historic District Commission
X Other ad Hoc Zoning Advisory Committee
North Reading Chamber of Commerce
Massachusetts, I am interested in volunteering
and will be able to bring to the table credible insight and experience.
y a--
Z�
ADAM D. BLECHMAN
EMAIL: ADB@FOGEL,MANLAWFIRM.COM
Board of Selectmen
Town Hall
16 Lowell Street
Reading, MA 01867
100 WELLS AVENUE, NEwrON, MA 02459
F06ELMAN PHONE: 6T7.
559.1530 FAx:617.505.1540
October 18, 2013
Re: Liquor license transfer proposal from The Wine Bunker to Liquor Junction
Dear Board of Selectmen:
Enclosed please find a proposal for the transfer of the liquor license from The Wine Bunker to
Liquor Junction, as requested at the October 8, 2013 Town Meeting. This matter has been continued to
the October 22, 2013 Town Meeting.
Thank you for your attention to this matter.
Enclosure
cc: J. Patel
Very truly yours,
Adam D. Blechman
NEW YORK FOGELMAN & FOGELM.AN, LLC
WHIN. FOGEI.MAN LAW R RM.COM
BOSTON
FIJI
To: Board of Selectmen of the Town of Reading
From: Matthew Fogelman and Adam Blechman, on behalf of Jasmine Patel
and Liquor Junction
Date: October 18, 2013
Re: Liquor license transfer proposal Wine Bunker to Liquor Junction
At the Town Meeting on October 8, 2013, the Selectmen heard a proposal for a
liquor license transfer from CWI UP d/b /a The Wine Bunker to Kajal and Kevin LLC
d/b /a Liquor Junction. This hearing was continued until October 22 in order for the
Selectmen to consider the proposal that the license be transferred free from several of the
restrictive conditions that were incorporated into the license.
The primary reason that The Wine Bunker is selling its license is because the
business was not profitable due to the restrictions. Liquor Junction strongly believes that
lifting some of these restrictions will allow it to remain in business and meet the
community's needs. Further, the vast majority of towns in the Commonwealth do not
place such restrictions on package stores, thereby enabling the stores to thrive, meet the
community need, fill downtown storefronts, and generate revenue for the Town. The
existing restrictions are set forth below along with the requested changes, if any, to each.
• Retail space will be limited to a total of 5,600 square feet as designated on
the approved plan entitled "Proposed Store Layout" The Wine Bunker, One
General Way, Reading, MA
Liquor Junction requests that this restriction be removed. Liquor Junction will occupy
approximately 100 square feet less overall space than permitted on The Wine Bunker's
license. According to The Wine Bunker's license, it occupied a space of 7,298 square
feet. Liquor Junction will occupy 7,200 square feet. (In fact, according to the April 13,
2010 Selectmen meeting minutes, The Wine Bunker occupied 9,000 square feet if its
mezzanine space is included.) However, Liquor Junction's proposal is for roughly 6,700
square feet of retail space and 500 square feet of storage space, which is more retail space
than currently permitted on the license. This additional space will permit Liquor Junction
to display more of its merchandise to customers, providing customers with a wider
selection. This is simply a re- allocation of a portion of the storage space to retail space.
• A maximum of 10 linear feet for wine refrigeration units is permitted
Liquor Junction requests that this restriction be removed. When it opened, The Wine
Bunker sold wine almost exclusively, and therefore did not require many refrigeration
units. It later added a beer cave (discussed below). Since it first opened, The Wine
Bunker found that citizens of Reading increasingly requested craft beer. See minutes
from the May 8, 2012 Town Meeting. As such, Liquor Junction plans to satisfy this
community need by selling craft beer, which will also allow Liquor Junction to maintain
profitability and keep its doors open. Accordingly, Liquor Junction requests that this
restriction be lifted to afford it the opportunity to install more door display coolers.
�1
• No wine coolers, nips, 1/2 pints, tobacco, or lottery will be sold
Liquor Junction requests that this restriction be modified. Liquor Junction agrees to
refrain from selling nips. However, in order to meet consumer demand, Liquor Junction
requests the remaining restrictions be removed. In fact, at the May 8, 2012 Selectmen
meeting, the owner of The Wine Bunker noted that his customers had been requesting
lottery sales. Similarly, customers often seek to purchase wine coolers, '/z pints, and/or
tobacco when they patronize package stores. The sale of these items is for the
convenience of customers, allowing them to purchase multiple goods at the same
location. Permitting Liquor Junction to sell these incidental items will satisfy community
need and at the same time it will help to ensure that the store maintains its profitability
and can keep its doors open.
• Deliveries from Route 128 will be via Walkers Brook Drive to General Way
and deliveries from Route 28 will be via Goodall Sanford Road
Liquor Junction does not contest this restriction. It will instruct the companies that
conduct deliveries to its store to use the referenced routes, but notes that it is not in
control of third -party companies.
• No walk in cooler other than the "beer cave" as designated on the approved
plan entitled "Proposed Store Layout" The Wine Bunker, One General
Way, Reading, MA will be installed
Liquor Junction requests this restriction be modified to permit the walk -in beer cooler on
premises as designated in Liquor Junction's proposed store layout.
• All Bylaws, Rules, and Regulations of the Town of Reading and of the
Commonwealth of Massachusetts shall be followed and also subject to a
satisfactory inspection of the establishment by the Town Manager.
Liquor Junction does not contest this restriction.
Thank you for your time, attention, and consideration of this matter.
LeLacheur, Bob
From: mma- alert @mma.org
Sent: Tuesday, October 22, 2013 2:50 PM
To: LeLacheur, Bob
Subject: PLEASE CALL YOUR LEGISLATORS TODAY AND ASK THEM TO PASS A LONG -TERM
CHAPTER 90 BOND BILL
IN.:
One Winthrop Square) Boston TMA 102110 1617-426-7272
!October 22, 2013
PLEASE CALL'YOUR LEGISLATORS
TODAY AND ASK THEM TO PASS A
LONG -TERM CHAPTER 90 BOND BILL
BY NOV. 20
Cities And Towns Need A MultimYear
Ch. 90 Bill Now; Without along -Term
Bill in Place, Next Year's
Authorization Could be Delayed Again
''Even as the MMA and local officials across the state call on the Governor to release the full $300 million in
' iChapter 90 funds that the Legislature has authorized for fiscal year 2014, it is important to push for swift action
to approve a multi -year bond bill to guarantee that Chapter 90 funds will flow on time for fiscal year 2015 and
beyond.
(Local officials across the state applaud the Legislature's action to authorize $300 million for Chapter 90 during
the current fiscal year. We are extremely disappointed in the Administration's unwise decision to withhold
3100 million from cities and towns — the Legislature voted to fund Chapter 90 by a unanimous vote, and
!provided a broad tax and revenue package to significantly increase transportation investments, and communities
1
are dismayed that the Administration is unilaterally deciding to deny Chapter 90 even one penny of the
?additional revenues, let alone the full amount embraced by local officials and every lawmaker in the state.
The MMA and local officials will continue to call on the Governor to release the full amount of Chapter 90
funding that is due cities and towns. The good news is that the Legislature's authorization will remain on the
books, which means that this Administration, or any future Administration, can decide to release the $100
million at any point.
In the meantime, we are also looking beyond the fiscal 2014 authorization, to the passage of a multi -year
(Chapter 90 bond bill to enable cities and towns to plan for the future. The passage of a bond bill (and the
;:companion "terms" bill) requires a long journey along a very time - consuming pathway. This lengthy process,
';coupled with the debate over the transportation finance bill, resulted in the Governor delaying release of final
Chapter 90 allocation letters until July 30, rather than the customary and statutory date of April 1. Provisional
Wand contingent letters were sent in April and May, but these did not provide cities and towns with legal
authorization to enter into road construction contracts or to start work. Missing the April 1 deadline shortens
the construction season and delays important projects in every part of the state.
In order to avoid another frustrating and costly delay in the start of local road projects for fiscal 2015 and
beyond, please call your Representatives and Senators today and ask them to enact a multi -year, $300 million -a-
yyear Chapter 90 bond bill as soon as possible before the end of the 2013 session on November 20. It is
important for the Legislature to enact a new Chapter 90 authorization before the end of formal legislative
(sessions on November 20. Otherwise, using history as a guide, the fiscal 2015 authorization would likely be
!delayed again, and miss the April 1 notification date. Please ask your legislators to commit to passing a 5 -year
Chapter 90 bond bill that provides $300 million annually, indexed for inflation.
We need the Legislature to pass a long -term Chapter 90 bond bill today so that funds will flow to cities and
towns without delay next spring!
lature call
lion -a -vear, multi -vear Chanter 90
PLEASE CONTACT YOUR REPRESENTATIVES AND
SENATORS TODAY AND ASK THEM TO PASS A MULTI-
YEAR CHAPTER 90 BOND BILL BEFORE THE
LEGISLATURE ADJOURNS ON NOV. 20
Thank You Very Much.
If you have any questions, comments or suggestions, feel free to contact us.
You can also always find additional information on our website at:
www.mma.org
n
John F. Doherty, Ed. D.
Mary C. Dei.ai
Superintendent of schools
Assistant Superintendent
for Finance and Administration
82 Oakland Road
Reading, MA 01867
Craig Martin
Phone: 781 - 944 -5800
Assistant Superintendent
Fax: 781- 942 -9149
for Lea rning and Teaching
Reading Public Schools
Instilling a joy of learning and inspiring the innovative leaders of tomorrow
Public Notice
INVITATION FOR NOMINATIONS
FOR
NAMING OF FACILITIES OR PLACES WITHIN OR ON SCHOOL PROPERTY
The Reading School Committee invites any interested parties to submit nominations for naming of
buildings, fields, structures, rooms or other such edifices in accordance with Policy FF — Naming of
Facilities or Places within or on School Property.
All interested parties can submit the application form that can be found on the Reading Public
Schools website at http: / /www.edline. net /gages /ReadingPublicSchools. Only the official nomination
form will be accepted. The nomination should include a written explanation outlining specific
reasons why the area should be dedicated to a particular physical location; geographical area;
distinguished local, state, and national leader whose name will lend dignity and stature to the school;
outstanding educator associated with the school, or significant or pertinent event.
Nominations will be accepted from October 21— November 18, 2013. The tentative date for
nominations to be presented to the School Committee by the nominee is December 9, 2013.
Completed nomination packets can be emailed to lnda.engelsonnu,reading.kl2.ma.us or sent to
Reading Public Schools
Office of the Superintendent
82 Oakland Road
Reading, MA 01867
In addition, we will be seeking members of the Reading Community to serve on the subcommittee
who will be researching the nominations and making recommendations to the Reading School
Committee. If you are interested in serving on the nomination subcommittee, please contact Linda
Engelson, Executive Assistant to the Superintendent, at the above contact information.
The Reading Public Sdhoofs does not discriminate on the basis of race, color, sex, gender Identity, religion, national origin, sexual orientation, age or disability.
�1 /
To: Reading School Committee
From: John F. Doherty, Ed.D., Superintendent of Schools
Date: October 17, 2013
Re: Timeline for Naming Process
As described in Policy FF, Naming of Facilities Within or on School Property, I have created a revised
timeline for your review.
Please do not hesitate to contact me if you have any questions.
Timeline for Naming of Facilities or Places Within Or On School Property Nomination Process
4
October 21, 2013 Timeline and Process Presented to heading School
Committee for Approval
Week of October 21 Announcement made to solicit nominations
October 21— November 18
Nomination period
November 18 — December 2
School Committee Chair and Superintendent meet with
individuals making requests for nominations.
December 9
School Committee Meeting to hear 10 minute
presentations from individuals making requests for
nominations.
December 16
School Committee votes to accept or reject nominations
December 17
Nomination review subcommittee chosen and review of
accepted nominations begin
Mid - December
Subcommittee conducts meetings in open session to
discuss nominations
January 9
Subcommittee makes recommendations to School
Committee for final vote
File: FF
NANIING OF FACILITIES OR PLACES WITHIN OR ON SCHOOL PROPERTY
Naming a school or places within a school or on school property is an important matter that
deserves thoughtful attention. A name associated with educational significance or inspiration
should be chosen. The Committee also feels that it is appropriate to name a school, or a section
of a school, for physical locations; geographical areas; distinguished local, state, and national
leaders whose names will lend dignity and stature to the school; outstanding educators associated
with the school, or significant or pertinent events.
The Committee also feels that in appropriate circumstances, naming rights to school buildings,
fields, rooms, or structures thereof might be licensed to a corporation or other entity in return for
a fee. Two such examples could be the Reading Memorial High School Fine and Performing
Arts Center or the Reading Memorial High School Football Stadium. In these cases, the
Committee recognizes that the nature and reputation of any such entity seeking to license these
naming rights must be consistent with the educational mission of the Reading Public School
District.
The Superintendent will prepare for the approval of the Committee a transparent, orderly and
public process to follow in recommending names for school buildings, fields, rooms, or
structures of an existing school campus.
The Committee encourages and supports community participation and involvement in this
process. The Committee believes that members of the community should have the opportunity
to present suggestions for names of public school facilities and/or dedication of rooms or areas
within a school facility. Personal prejudice or favoritism, political pressure, or temporary
popularity should not be an influence in choosing a name. In the naming of public school
facilities or dedication of a room or area within a school facility, if the name of a person is to be
used, the following criteria will be applied in the selection of a person(s) to be so honored:
A. A person, Iiving or deceased, for whom a public school may be named or a room or area
of a school campus dedicated, must have made significant contributions to education in
the Reading Public Schools. Evidences of such contributions may include, but are not
limited to, the following:
a. Extraordinarily effective and dedicated service to and/or on behalf of the youth in
the Reading Public Schools.
b. Persistent efforts to sustain a quality system of public education for all youth and
to improve programs and services for them.
c. Demonstrated understanding of the essential nature of public education in the
perpetuation of our democratic form of government.
B. The nominee must otherwise be worthy of the honor of having a school named for
him/her or a room or area dedicated to him/her. Evidence of such attributes should
include, but are not limited to, the following:
a. Superior levels of performance in strengthening and supporting the public
schools.
b. Effective citizenship
c. Community service
d. Excellent character and general reputation
e. High standards of ethics
C. The following procedure shall be followed when there is a formal request to have a
building, field, structure, room or other such edifice or area dedicated to an individual:
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1. Buildings, fields, rooms, or structures that already have a commonly accepted name will not be
eligible for nominations. However, there may be times when buildings, fields, rooms or
structures already having a commonly accepted name may be reconsidered to have said name
removed. The process used to remove a name from an edifice should be consistent with the
process used to recommend a name as outlined in sections C5 -C10 listed below. When the
Committee is reconsidering an existing name, they should follow the guidelines as stated in
sections A and B of this policy to determine if the existing name is still appropriate for the current
situation and conditions. Once an existing name is removed by the Committee, then the edifice is
eligible again for nomination.
2. Only buildings, fields, structures, rooms or other such edifices on school department property can
be considered for nomination.
3. Nominations for naming of buildings, fields, structures, rooms or other such edifices will appear
once annually on the school committee's agenda, usually during the first quarter of the school
year.
4. At least thirty (30) days prior to the scheduled School Committee meeting, a public notice will be
sent out through a variety of media and electronic means soliciting nominations.
5. All parries who are interested in submitting nominations should send a written explanation
outlining the specific reasons why the area should be dedicated to a particular individual
to the chairman of the School Committee and the Superintendent of Schools, who will
meet with the individual or individuals making the request and following that discussion
place the request on a School Committee agenda.
6. At the scheduled School Committee meeting, nominating parties will be allowed 10
minutes to present their nomination to the School Committee. The Committee will only
ask clarifying questions, not engage in discussion or make decisions.
7. At a subsequent School Committee meeting, nominations will be discussed and voted on as to
whether or not to be considered, at which time the chair will call for a vote to either accept the
nominations on the table or not. Accepted nominations will be handed over to a subcommittee to
be named by the chair for further study and to make recommendations to the School Committee.
8. This subcommittee should include, but is not limited to, one member of the School Committee,
the building principal of the school, one member of the Board of Selectmen, one local business
leader, one student representative from the appropriate school building under consideration and
one member of the historical commission.
9. All subcommittee meetings are public meetings and are subject to the regulations of the Open
Meeting Law. Regular updates on the progress of the subcommittee will be given at School
Committee meetings.
10. Upon having had time to reach a recommendation, the subcommittee will be scheduled to present
to the entire School Committee, at which time the board will enter into discussion and a motion
will be made regarding the subcommittee's recommendations. During this meeting any other
interested parties will be given an opportunity to voice support or opposition to the nominations,
and the School Committee will vote on whether or not to accept the nomination and as a result,
name whatever building, field, room or structure that is being considered.
Adopted by the Reading School Committee on September 28, 2006
Revised by the Reading School Committee on September 13, 2010
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