HomeMy WebLinkAbout2014-05-27 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
MAY 27, 2014
Arena, West, Ensminizer, Halsey, Sexton LeLacheur
lc) Move that the Board of Selectmen designate Sunday, September 7th
from 12:00 — 4:00 p.m. for the Fall Street Faire.
5a) Move that the Board of Selectmen close the hearing on the FY15
Classification and Compensation Plans.
Move that the Board of Selectmen approve the FY15 Classification and
Compensation Plans as presented.
5e) Move that the Board of Selectmen approve the issuance of a license for
the use of the public sidewalk in front of D'Amici's Bakery at 614 Main
Street for outdoor dining, pursuant to Section 3.10 — Licenses for
Utilizing Public Sidewalks for Outdoor Dining of the Selectmen's
policies and in accordance with the application filed May 6, 2014. The
license is valid through October 31, 2014, and is subject to the following
conditions:
1. The exact plans showing the location of the tables will be reviewed and
approved by the Assistant Town Manager. Umbrellas are not included
in this request.
2. Table, chairs and rubbish barrels will not be permitted to be located on
the brick paved areas.
3. The licensee shall provide, maintain, and empty as needed, outdoor
trash receptacles during the times that the licensed premises are open
for business. All trash receptacles shall be covered and trash removed
nightly. The location of rubbish (and recycling if appropriate) bins and
an operations plan shall be approved by the Public Health
Administrator, and the locations of bins shall be shown on the plan.
4. The licensee shall be responsible for keeping the portion of the sidewalk
subject to an Outdoor Dining License clean and free of dirt, dust, and
other debris from In addition, the Outdoor Dining Licensee shall be
responsible for preventing and /or cleaning up litter from the licensed
establishment in areas abutting the licensed premises.
5. Outdoor dining areas shall be considered as part of the restaurant and
shall comply with Board of Health Regulations. In addition to any other
requirements, smoking is prohibited in seasonal outdoor dining areas
per Board of Health regulations.
6. Furniture and trash receptacles shall be supplied by the applicant and
shall be maintained in a safe and sanitary manner by the applicant. All
furniture and trash receptacles must be removed at the end of each
season.
7. In no event shall the placement of outdoor dining furniture, or
perimeter barriers create a pedestrian or wheelchair passage along the
public sidewalk of less than four feet in width.
8. Outdoor food preparation shall not be allowed.
9. The Outdoor Dining License shall be considered annually and every
license shall expire on December 31 of each year, subject to renewal. No
facilities or furniture shall be placed on the sidewalk as part of the
license except for the period between April 15 and October 31 of each
year.
10. Within the period from April 15 to October 31, upon notification from
the Department of Public Works or from Public Safety personnel that
weather conditions or work to be performed on the property of the
Town requires removal of the outdoor dining furniture, the applicant
shall immediately remove all of its property associated with the Outdoor
Dining License from the public property.
11. The owner and operator of the restaurant shall sign a License
Agreement and shall provide a required Certificate of Insurance before
issuance of the License and before commencement of any activities
under the License.
12. The Licensee has provided evidence of insurance as required by the
Town Manager and by State Statute. Such insurance shall cover the use
of all equipment related to the premises related to the Outdoor Dining
License. The Comprehensive General Liability Policy shall insure
against all claims and demands for bodily injury and property damage
with respect to the sidewalk dining facilities and services, and the Town
shall be named as an "additional insured" in all policies of such
insurance.
13. The Licensee (and their heirs, successors and assigns in interest) hereby
hold harmless, defend and indemnify the Town of Reading and its
employees and agents from any responsibility, liability and claims
arising out of or related to the operations under the Outdoor Dining
License.
IN
14. The Licensee shall comply with all applicable laws (including the sign
portions of the Zoning by- laws), rules, regulations, and conditions of
other licenses and permits.
5f) Move that the Board of Selectmen approve the issuance of a license for
the use of the public sidewalk in front of Orange Leaf, at 610 Main
Street for outdoor dining, pursuant to Section 3.10 — Licenses for
Utilizine Public Sidewalks for Outdoor Dining of the Selectmen's
policies and in accordance with the application filed May 6, 2014. The
license is valid through October 31, 2014, and is subject to the following
conditions:
1. The exact plans showing the location of the bench will be reviewed and
approved by the Assistant Town Manager.
2. Table, chairs and rubbish barrels will not be permitted to be located on
the brick paved areas.
3. The licensee shall provide, maintain, and empty as needed, outdoor
trash receptacles during the times that the licensed premises are open
for business. All trash receptacles shall be covered and trash removed
nightly. The location of rubbish (and recycling if appropriate) bins and
an operations plan shall be approved by the Public Health
Administrator, and the locations of bins shall be shown on the plan.
4. The licensee shall be responsible for keeping the portion of the sidewalk
subject to an Outdoor Dining License clean and free of dirt, dust, and
other debris from In addition, the Outdoor Dining Licensee shall be
responsible for preventing and /or cleaning up litter from the licensed
establishment in areas abutting the licensed premises.
5. Outdoor dining areas shall be considered as part of the restaurant and
shall comply with Board of Health Regulations. In addition to any other
requirements, smoking is prohibited in seasonal outdoor dining areas
per Board of Health regulations.
6. Furniture and trash receptacles shall be supplied by the applicant and
shall be maintained in a safe and sanitary manner by the applicant. All
furniture and trash receptacles must be removed at the end of each
season.
7. In no event shall the placement of outdoor dining furniture, or
perimeter barriers create a pedestrian or wheelchair passage along the
public sidewalk of less than four feet in width.
8. Outdoor food preparation shall not be allowed.
9. The Outdoor Dining License shall be considered annually and every
license shall expire on December 31 of each year, subject to renewal. No
facilities or furniture shall be placed on the sidewalk as part of the
license except for the period between April 15 and October 31 of each
year.
10. Within the period from April 15 to October 31, upon notification from
the Department of Public Works or from Public Safety personnel that
weather conditions or work to be performed on the property of the
Town requires removal of the outdoor dining furniture, the applicant
shall immediately remove all of its property associated with the Outdoor
Dining License from the public property.
11. The owner and operator of the restaurant shall sign a License
Agreement and shall provide a required Certificate of Insurance before
issuance of the License and before commencement of any activities
under the License.
12. The Licensee has provided evidence of insurance as required by the
Town Manager and by State Statute. Such insurance shall cover the use
of all equipment related to the premises related to the Outdoor Dining
License. The Comprehensive General Liability Policy shall insure
against all claims and demands for bodily injury and property damage
with respect to the sidewalk dining facilities and services, and the Town
shall be named as an "additional insured" in all policies of such
insurance.
13. The Licensee (and their heirs, successors and assigns in interest) hereby
hold harmless, defend and indemnify the Town of Reading and its
employees and agents from any responsibility, liability and claims
arising out of or related to the operations under the Outdoor Dining
License.
14. The Licensee shall comply with all applicable laws (including the sign
portions of the Zoning by- laws), rules, regulations, and conditions of
other licenses and permits.
5h) Move that the Board of Selectmen extend the time to fully perform to
June 27, 2014 for Kajal and Kevin LLC d /b /a Liquor Junction at One
General Way.
6a) Move that the Board of Selectmen approve the minutes of April 15,
2014 as amended.
6b) Move that the Board of Selectmen approve the minutes of May 13, 2014
as amended.
100
8a) Move that the Board of Selectmen go into Executive Session to consider
the purchase, exchange, lease or value of real property, and that the
chair declares that an open meeting may have a detrimental effect on
the negotiating position of the body and not to reconvene in Open
Session.
JA MW DE JH KS
To: Board of Selectmen
From: Bob LeLacheur
Date: May 27, 2014
RE: Town Manager's Report
➢ Thank you to Veteran's Service Officer Frank Driscoll and all the participants for a very moving Memorial Day
ceremony. Peter Murphy, RMHS Class of 1964 spoke about his fellow classmates that gave their lives during
the Vietnam War. Frank, who dislikes speaking in public, set that aside and gave a very memorable speech
about how Vietnam Vets were treated upon returning to a country that was decidedly divided on the war.
Each speaker received loud and long ovations, and both were well deserved.
➢ While the summer has barely begun, tonight we will request that the Selectmen vote to set the date of
Sunday September 7t' and the time of noon through 4pm for the Fall Street Faire. Note that the Patriots play
that day, which will give area sports fans something else to look forward to during the baseball season O
➢ Recently a resident named Jason Scales made an appointment to see me on an unspecified topic. I was a
bit surprised to learn that Jason is an elementary school student preparing to move up to Coolidge Middle
School next year. We had a nice chat — his mother waited in the hallway — about Jason's idea to raise funds
for the Leukemia and Lymphoma Society. He proposes to hold a % marathon bike ride in town to be followed
by a 3 -mile run for adults and a 1 -mile run for kids. Jason had already made a list of area businesses that
would make good sponsors, and we discussed the logistics about traffic and safety, at which point he
handed me three maps where he had already marked off the courses he had in mind! Recreation will work
with him this summer. I will point out that his preparation towards becoming the next Town Manager is about
forty years ahead of where I was, so I suggest the Board keep him in mind.
➢ Please see in your packet the notification about the public review comment period for both the Boston
Region Metropolitan Organization's Transportation Improvement Program and Unified Planning Work
Program. Reading is one of only three locations that will host these meetings, here on June 12"' at the
Pleasant Street Center at 5:30pm.
➢ The best resource to check for West Street and other project updates is on the Town's website at
hfp: //www. readingma.goy /engineednq- division /pages /construction- proiects.
➢ The first agenda item is a special moment for the Police department as Mark Segalla has a badge pinning
which will celebrate his recent promotion to Deputy Chief. Mark has been with the department for nearly 18
years. The assessment center conducted by a panel of Police Chiefs said that our three candidates for this
position were all as talented as they have seen in searches for Police Chiefs. Congratulations to Chief
Cormier and the entire department for receiving that accolade. Note that our other two candidates, Rich
Abate and Dave Clark, will be the department's newest Lieutenants due to some pending retirements, and
the Board will see them this summer.
0 Page 1
(19'-)
➢ The second item is a Hearing for the Board to approve the Classification and Compensation for all non -union
Town staff. The Classification system is unchanged from the last time the Board approved the plan, and the
Compensation Plan has a 1.5% COLA for FY15 as was discussed during the budget process and sufficient
funding was approved by Town Meeting.
➢ Once upon a time HR Administrator Carol Roberts stopped by Town Hall to do some part-time work and the
Town very quickly realized that she needed to stay. Over twenty years later she is retiring as our HR
Administrator, and she will be missed by the entire organization. I'd like to take this opportunity to thank Carol
for her wisdom and ability to listen to all my questions and comments over the years! We have begun the pay
and class review process approved by November '13 Town Meeting — once we realized the April '14 Town
Meeting deadline was not achievable we decided to slow down and wait for our next HR Administrator with a
goal of November'14 Town Meeting. Next week Judith Perkins will begin as our next HR Administrator — we
look forward to trapping her here for a couple of decades as well.
➢ Ruth Clay, our regionalized Director of Health shared with Melrose and Wakefield, will give a brief
presentation about ticks and Lyme disease prevention efforts at the request of one of the Selectmen. As an
unintended early adopter while living in Connecticut in the early 80s, I can attest that Lyme disease is a good
thing to avoid at all costs.
➢ DPW Director Jeff Zager will follow this discussion with one about the Town Forest. The TF Committee has
been working on revising the Reading Town Forest Rules and Regulations that were sent in your weekend
packet.
➢ Assistant Superintendent and soon -to -be Wilmington Superintendent Mary DeLai will be in to explain the
School Nutrition Director as a position that we share with Wakefield. She will ask you to approve a three -year
agreement to continue this arrangement. I will then give a brief overview on the status of our other
Regionalization arrangements; some that are pending; or some that have been discarded.
➢ Please see your packet for a memo from Assistant Town Manager Jean Delios regarding two requests for
outdoor dining from two of our newest businesses D'Amici's Bakery and Orange Leaf. We have walked the
area a couple of times with the Police Chief and Town Engineer, as well as with Chairman John Arena, and
we have a plan that should work well for this season that we would ask you to approve, subject to review of
the specifics by Town staff. For example we would insist that tables and benches roughly match those that
are already part of the downtown streetscape. I also have some ideas on making some streetscape changes
in the downtown area that should provide more seating and/or dining options at a low cost that I will bring to
the Board this summer.
➢ We have had one informal request from an attorney in town on behalf of an unnamed client that has some
interest in knowing what the Board's interest is in allowing Bring- Your - Own- BeerNVine (BYOB) in Reading.
This topic has extensive background in Reading — the quick answer is that there are beer & wine licenses
available which gives the Town some ability to regulate the public consumption of alcohol. A BYOB policy
gives the Town no ability to do so. If the Board has interest in considering BYOB, then we will advertise a
Public Hearing for a summer BOS meeting. The request made had no real time - table.
➢ There is an application from Liquor Junction to receive an extension for their license, and I would request that
the Board approve this request. I met with a representative of the landlord last week, and while construction
has slowed during the winter it is on track for this business to be open in the next month or so.
➢ We will conclude the meeting with a brief discussion about Friends and Family day scheduled for June 14'".
Typically the Selectmen staff a booth from 11 am until 3pm.
• Page 2
0__�
Schena, Paula
From: LeLacheur, Bob
Sent: Friday, May 23, 2014 9:11 AM
To: Schena, Paula
Subject: FW: Reading, MA issues:
For BOS packet on Tuesday:
From: LeLacheur, Bob
Sent: Friday, May 23, 2014 9:05 AM
To: 'Rosemarie DeBenedetto'; Reading - Selectmen; Feeley, Paul; Advocate Reading
Subject: RE: Reading, MA issues:
Hi Rosemarie,
Below I will respond to your questions on behalf of the Board. Please note that I forwarded your other email to the
Facilities department — this is the first complaint I have heard about the water fountain in the Pleasant Street Center, so
I do not the status.
Thanks,
Bob
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
Please fill out our brief customer service survey at
http:// readingma- survey.virtualtownhall .net /survey /sid /ff5d3a5fO3e8eb60/
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
From: Rosemarie DeBenedetto fmailto:mamadetto(5)yahoo.com]
Sent: Thursday, May 22, 2014 9:47 PM
To: Reading - Selectmen; Feeley, Paul; Advocate Reading
Subject: Reading, MA issues:
Following up on recent articles in the Reading Advocate (5/21/14) and the Reading Chronicle,
please advise and update the status on the following issues:
101
1. I am against using any portion of MA Route #28 for a bicycle path, etc.
Just because "other towns have done it with success ", and that $10 million per year for the
next five years will be released from the MA Transportation Bond Bill, doesn't mean
Reading has to jump on that bandwagon ! ! ! MA highway Route #28 is congested now even
with all lanes operational. The Reading Advocate mentions HOPKINTON STREET as a
starting point. The Reading street directory does not list a HOPKINTON STREET. Where
is it? Hopkins Street
The possibilities, of any section of Route #28, becoming a two lane only highway, are
detrimental.
Keep in mind that many motorists use Route #28, when Route #93 is backed up because of
accidents, etc., helping the flow of the area's traffic.
2. Has the State of MA scheduled Route #28, Reading, to be repaved together with the
trimming of overhanging tree branches? If so, when? No they have not done so yet.
3. I am against the Library Board asking for MORE taxpayer money for a restraining wall
or for ANY other reason(s). Solving, squeezing the parking needs of "regular" visitors, plus
meeting room attendees (estimated at 150 people) in to 48 parking spaces will require the
skills of Houdini ! ! !
In the future, I do not want to hear officials say: "Oh, the library project has started, we can't
stop now and additional funds are needed for this or that "! This is an old building with may
expensive problems; and, it will still be an old building after millions of dollars are poured
in to it !
4. What percentage of Reading property owners are living on a FIXED INCOME /
RETIRED? We have no way to know that answer.
First and foremost please remember FIXED INCOME RESIDENTS when discussing ANY
monetary issues that will push real estate taxes higher. Retirees do not have access to
money trees in their back yards !
5. I am against parking meters being installed anywhere in Reading, MA as suggested by
Police Chief James Cormier. Perhaps officials should revisit the thought of building a
parking garage behind CVS or behind the old Atlantic Market area. New Reading Square
businesses and residents need adequate parking spaces.
6. When will the High School debt be paid off? Fiscal 2024 is the last payment for the
RMHS renovation
7. How much do we presently owe for joining the MWRA? When will this obligation be
paid off? We still owe $9.6 million in principle plus interest costs — that will be fully repaid
in Fiscal 2028
How does Reading's water rates compare with other cities /towns fees with the MWRA?
Reading's rates are high. There are two main reasons — first we do a lot of infrastructure
preventative maintenance work to keep the system in good shape, and second our
community is very strong on water conservation efforts — so fixed costs like the debt service
mentioned above are spread over a small volume of water sold. While our rates are high,
because we use less water than nearly anyone in the state, the typical water bill paid by
residents does not stand out nearly as much but does remain above average.
8. What other outstanding debt does Reading, MA presently owe? When will this debt be
paid off? The longest debt to be repaid is for energy improvements done for nearly all town
& school buildings — that will be repaid in fiscal 2025. In terms of a tax bill we have a bit
less than $30 million of debt (both prin + int) to repay in the future. Standard & Poors — one
of three global rating firms - recently upgraded our debt to AAA, the highest rating they
issue, in part because our relative debt total is very modest, and we pay it off quickly.
9. How much Reading, MA money has been used for the West Street / Washington Street
project? When will these funds be reimbursed to the Town of Reading, MA? Nothing. So
far only the gas company has done work on West Street. That will be followed by the
MWRA during the summer. As currently planned, the road project will begin next fall, and
the current estimate is that Reading will pay $1.3 million or about 10% of the total cost of
the project.
10. What exactly is involved, if Reading, MA "Assumes the liability" for parking spaces,
"shared" or otherwise ? Are the town's insurance fees increased? How much will coverage
cost?
Remember: FIXED INCOME RESIDENTS ! A preliminary discussion with our insurer
indicates very little change in our premiums, if any.
11. What is the update on the reconstruction of the Route #128 / Route #93 intersection? Is
this project going forward? What is the timeline? How large of an area of Reading's south
western section will be affected? That is a question for the state — we asked and indeed just
last week there is now renewed talk about doing a project there in the next 10 to 20 years.
That's all the information I have at this point from them.
Thank you,
Rosemarie DeBenedetto
74 Haystack Road
Reading, MA 01868
(781) 944 2695
3 0
LEGAL NOTICE
TOWN OF READING -
NOTICE OF PUBLIC.
HEARING • .
To the Inhabitants of the,
Town of Reading:
Please take notice that tho .
Board of Selectmen of fhe
Town of Reading will hold a
public hearing on May 27j 1.01,4•
at 7:30 p.m. in the Selectmen's
Meeting Room, 16 Lo all -
Street, Rea, iWd;.
Massachusetts on approving
the FY15 CompensatioinZand
Classification Plan.
A copy of the proposed -doh.
ument regarding this topic. Is
airailable. in the Town
Manager's office, 16 Lowell:
Street, Reading, MA,- 10*
Thurs from 7:30 a.m. - 5:s0 -
p.m., Tues from 7:30 a.m. -
7:00 p.m. and is attached t6 ih.6,
hearing notice on the websi_te at
www.readingma.gov
All interested parties.4ro
Invited to attend the liearingor
may submit their comme[tja 1p
writing or by email prior to 600 ;
p.m. on May 27, 2014 to;te\ln -i;
manager @cii.reading.ma.us * ;
By order of ;
Robert W. Lel.*hour, -
Town Managdr-
5/20
11
5'(0
FY 2014 2015 TOWN OF READING CLASSIFICATION PLAN REVISED
SED
Schedule A -1
C-T,
IZD
Parking Enforcement
A
Library Technician
Officer
Van Driver
SeniorL'brary
B
Clerk
Technician:.
Administrative
Senior Library
C
Secretary
Associate
Administrative
Animal Control
Community Outreach
Ree nation Program
Senior Center
veterans Service
D
I Assistant
Officer
Prograwn Coordinator
Coordinator
Coordinator -.
Offiar .
Regional Housing
Zoning Enforcement
E
Assistant Appraiser
Assistant Collector
Assistant Town Clerk
Assistant Treasurer
Business Analyst
Librarian
Services Coordinator Social/Case Worker
Inspector
Assistant Building
Conservation
Head Public Safety
...
.,
Mumbine(las
F
Inspector
Administrator
.'Health Inspoctar
Office
Technician Wiring
Division Head -
Division Head -
Division Head-
Division Head -
G
Children's Services
Circulation
Information Services
Technical Services
Public Health Nurse
Nurse Advocate
Elder/Human Services
Recreation
H
Administrator
GIS Coordinator
Administrator
Town Clerk
Community
Assistant Library
Business
Development
Forestry, Park &
Highway/Equipment
Human Resources
Public Health
Water/Sewer Water Quality
I
Director
Administrator
Administrator
Cemetery Supervisor
Supervisor
Administrator
Project Director Administrator
Supervisor Supervisor
J
lApprasier
Budding Inspector
Network Administrator Treaaraer-CollecMr
Assistant DPW
K
Director
Deputy Police Chief
Fire Executive Officer
Town Engineer
Assistant Town
L
Ubrary Director
Town Aeeamtmt.
M
jDPW Director
Fire Chief
Police Chief
C-T,
IZD
FY2015 TOWN OF READING COMPENSATION PLAN
Schedule &1
(1.5% Increase over FY14)
ANNUAL (based on a 37.5 hr
•ade
Step 1 Step 2
Step 3
19.54;
21.60
Step 4
a ...x.'191 =�i�w 6 we
Step 5
Step 6
Step 7 Step 8 Step 9 Step 10
Step 11
Step 12
A+ .
,. 791 $' f=�3i 4]Ss f a, _ 2y03
22.31
-1
23.21
23.67 24.16 24.63 25.13
r $ �35f393:' *_<$. 36 07� S +,: 36;797, : $ . ,'
37;538
$
, 38,298
B
$ 33,891 $ 34,554 $
35,256
$
35,939
$
36,660
$ 37,401 $
38,162 $ 38,903 $ 39,702 $ 40,482
$
41,301
$
42,120
4V2,
4210;>
J
.,7t9fi6i $ . -44,538 `:
$
45;416;
$
46;313
D
$ 41,009 $ 41,828 $
42,627
$
43,505
$
44,382
$ 45,260 $
46,157 $ 47,112 $ 48,029 $ 49,004
$
49,979
$
50,993
�.�
� `' «�?IS�_, .'., %x,.; .�.a:
::.., _„ _
:.
.,u,u
.4.�:
��� �;"s,�'3' �6$�$' '53,8J8
;`$
54;990`.$
61.63;'
• "56,082
F
$ 49,608 $ 50,583 $
51,597
$
52,631
$
53,684
$ 54,737 $
55,848 $ 56,979 $ 58,110 $ 59,280
$
60,470
$
61,698
d
11I''$Q $; S. 65 U8,
-$
66;495,
.$
67,8$1
H
$ 60,002 $ 61,211 $
62,439
$
63,687
$
64,974
$ 66,261 $
x
67,587 $ 68,933 $ 70,317 $ 71,721
$
73,164
$
74,627
"tj. , }%:+ '..
r
/i t$ 78�� §7
. -$ra
6,4 ,JS
8 77
8-2,695 '
.d
J
•,
$ 72,618 $ 74,061 $
.....r
75,563
$
.�
77,064
$
78,605
$ 80,184 $
...w..�.' .f"""'Ft+:.'?.«. ,.,.;l3�
81,783 $ 83,421 $ 85,079 $ 86,795
$
88,530
$
90,305
K r
$v8i9..�91,7x:
$60Og$ "95,472
"`$' ~:
97;383 <'
#$
99,314'
L
r.
$ 87,887 $ 89,642 $
91,416
$
93,269
$
95,121
$ 97,032 $
98,963 $ 100,913 $ 102,960 $ 105,027
$
107,114
$
109,259
$i ;t� 'x 1
1i7,k§
$
120,179`
.
HOURLY
B
,IbtZ...._ _, RI 6f76m ; ..: ?17.t44 8 , . k f X35 7" ., - X50 � 18.87
17.38 17.72 18.08 18.43 18.80 19.18 19.57 19.95 20.36 20.76
19.25 ;
21.18
19.54;
21.60
(+sar
a ...x.'191 =�i�w 6 we
Vw
{ ka., xn ta�W t 2284,`:d .M,
23129
13.75
D
21.03 21.45 21.86
22.31
22.76
23.21
23.67 24.16 24.63 25.13
I5.63
26.15
F
r
25.44 25.94 26.46
26.99
27.53
28.07
28.64 29.22 29.80 30.40
31.01
28:76..
31.64
Ci +f2Y17
H
s ;m'.w
30.77 31.39 32.02
32.66
33.32
33.98
.,..13'4:30',
34.66 35.35 36.06 36.78 37.52
34:79..
38.27
4V2,
4210;>
J
37.24 37.98 38.75
39.52
40.31
41.12
41.94 42.78 43.63 44.51
45.40
46.31
50:93
L
45.07 45.97 46.88
47.83
48.78
49.76
50.75 51.75 52.80 53.86
54.93
56.03
z 3 .588 "3 ," 59.25 -
64:42
61.63;'
C
U1
P
TOWN OF READING PERSONNEL ACTION FORM
NAME
Robert LeLacheur
TODAY'S DATE
05/21714
ADDRESS
Town Manager
I EFFECTIVE DATE
07/01/14
CITY /STATE
ANNUAL RATE
I DEPT. /SCHOOL
$144,900.00
PHONE#
I DOB
EMPLOYEE#
20I5
TYPE OF ACTION: (CHECK APPROPRIATE BOX)
(A) ❑ NEW HIRE: (Application Form Attached) GO TO NEW POSITION SECTION OF TABLE
DURING THE RECRUITMENT PROCESS:
❑RESUMES WERE RECEIVED
❑ CANDIDATES WERE INTERVIEWED
❑ WOMEN APPLICANTS WERE INTERVIEWED
❑ MINORITY APPLICANTS WERE INTERVIEWED
(B) X CHANGE IN STATUS
X SALARY ADJUSTMENT
❑ TRANSFER / PROMOTION / OTHER
REASON FOR CHANGE:
(C) ❑ TERMINATION
❑ RESIGNATION
❑ TERMINATION
❑ RETIREMENT
COMMENT:
SPECIAL INFORMATION:
❑ ELIGIBLE FOR RETIREMENT
❑ CIVIL SERVICE
❑ UNION POSITION BARGAINING UNIT:
ADDITIONAL INFORMATION:
I certify that the above information is true and accurate to the best of my knowledge and belief.
Chairman, Board of Selectmen Date
toy 5 a 4
OLD POSITION
.NEW POSITION
POSITION TITLE / BUDGET CODE
Town Manager
Town Manager
GRADE/STEP
ANNUAL RATE
$140,000.00
$144,900.00
BIWEEKLY RATE / HOURLY RATE
DEPT / DIVISION
FULL OR PART T
TEMP OR PERM P
BASIC # HOURS BIWEEKLY
(C) ❑ TERMINATION
❑ RESIGNATION
❑ TERMINATION
❑ RETIREMENT
COMMENT:
SPECIAL INFORMATION:
❑ ELIGIBLE FOR RETIREMENT
❑ CIVIL SERVICE
❑ UNION POSITION BARGAINING UNIT:
ADDITIONAL INFORMATION:
I certify that the above information is true and accurate to the best of my knowledge and belief.
Chairman, Board of Selectmen Date
toy 5 a 4
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 LeLaeheur 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
Apercentage 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
Proposed Reading Town Forest Rules
Reading Town Forest Rules and Regulations
A Carry - /n, Carry -Out Facility
April 17, 2014
Mission Statement
The Town Forest is a multi -use resource created by the people of Reading in 1930 for the
protection of plants, animals and the natural environment and for the enjoyment by
individuals and groups for nature study, walking and camping. Users of the Town Forest
must respect each other and the natural environment as they enjoy the Town Forest in
their own way.
1. Everyone is welcome to enjoy the Reading Town Forest at no charge from dawn to dusk.
2. No work of any type shall be carried out in the Town Forest without prior written
permission from the Town Forest Committee.
3. Permission must be approved by the Fire Chief for any fires, BBQ grill, and camp stove
use. Smoking is prohibited as per town by -law.
4. No person shall cut, break, remove, deface, defile, or ill -use any structure, fence, sign, or
map, or have possession of any part thereof. No plants (including trees, bushes,
grasses, or flowers) shall be defaced, cut or removed. Firewood may not be brought
into or out of, the Town Forest. Those with permitted fire use are limited to
collecting dead wood from the forest floor or from the Town Compost area
consistent with Town regulations.
5. Discharge of firearms is prohibited in the Town of Reading, including in the Town Forest.
Discharge or carrying of BB guns, pellet guns, paintball guns, airsoft guns, and similar
non - lethal weapons is prohibited in the Town Forest.
6. No hunting is allowed in the Town Forest.
7. The Town Forest is closed to motor - powered vehicles except for vehicles necessary for
emergency response by the Reading Police and Fire Departments, for maintenance
of the Town Forest or wells, or with prior written permission of the Town Forest
Committee. Motorized wheelchairs are allowed. Snowmobiles, ATVs and other off -
road vehicles are prohibited.
8. Responsible bicycle use is allowed in the Town Forest. The Town Forest Committee may
close trails to bicycle use temporarily, seasonally, or permanently to prevent
overuse or to protect natural resources.
9. Alcoholic beverages are prohibited. Glass containers for any purpose are prohibited in
the Town Forest.
5c1
Proposed Reading Town Forest Rules
10. Dumping, littering, filling or any other deposition of imported materials -- including but
not limited to garbage, debris, earth, leaves or brush -- is prohibited in the Town
Forest.
11. Users must carry out everything that they carry in.
12. Dogs may enter the Town Forest provided that they are accompanied by, and under the
effective voice control, of some person. -The person accompanying the dog shall
promptly remove feces deposited by the dog in the Town Forest. Dogs must be
leashed within 200 feet of paved roads or parking areas.
13. Violations of these rules and regulations may be punished by fines up to $100 per
violation under Massachusetts General Laws, Chapter 40, Section 8C, which is
administered by the Reading Police and Fire Departments.
14. The Town Forest Committee cannot assume liability for injuries, damage to property, or
other loss to persons within the Town Forest or its vicinity; such visitors assume all
associated risks.
Additional Notes for Group Use'
15. , Camping, cook -outs, any group use is allowed by non - commercial, Reading -based
groups, or by groups authorized by the RTF committee.
16. Town police must be notified in advance of group use.
17. Vehicles shall follow designated roads only. Vehicle speed must not exceed 5 miles
per hour. Vehicle parking shall be in designated areas only, and accessed by
designated routes. Parking shall allow access by emergency vehicles at all times.
18. A portable toilet must be on site for overnight group use. It must be removed within
four days of the event.
19. Violation of any Town Forest rule or violation of conditions imposed for group use
may result in denial of future use of the area by that group.
1 Group defined as 20 or more people
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Lyme Disease
Ruth CI a}', M1) 11
Health Dircctor
Reading, Wakefield & Melrose
Overview
• General Information on Ticks (Tick tol)
• Diseases Spread by Ticks in Massachusetts
• Incidence of Tickborne Diseases
• Personal and Environmental Prevention Tips
Ticks
There are many types ol'ticks
Not all ticks carry disease
Not all ticks with disease will -ive
you the disease
What Do Ticks Look Like?
• Tear -drop chap(
• Nymphs are the
size of a poppy
seed
• Adults are th(
size of a ses,imm,
seed
• Adult female de(
tick has a reddis
brown body wid
black dorsal shit
What Do Ticks Look Like?
Adult dog ticks
— dark broxvii body -t
— whitish,
patterned dorsal
shield
— about the size of
it watermelon
seed, and
therefore easier
to spot than deer
ticks
What Do Ticks Look Like?
Female do- tick Female deer tick Female lone star tick
Male do" tick Talc deer tick Male lone star tick
Deer Tick Two -Year Life Cycle
How Do Ticks Get on You?
• Ticks do not
Jump, fly, oi-
drop from
above
• Ticks grab
onto a host
when they
brush directly
against them
How a tick feeds
Anticoagulants
Vasodilators
Pain Inhibitors
Cementing Material
`S
Tickborne diseases
• Lyme disease
• Babesiosis
• Anaplasmos1_s
U�el'elllla
• Rocky Mt Spotted Dever
Lyme disease: Agent, Vector, & Reservoir
Borrelia burgdoiferi
Deer Tick
Ixodes scapularis
White footed mouse
Peromyscus leucopus `.'
Lyme disease: Symptoms
• Early symptons:
Expanding rash
Flu -like symptons
Later symptons
Joint pain /arthritis
Constitutional
Heart issues
Central nervous system
Lyme disease: Diagnosis
• Clinical presentation
• Exposure history
• Two-tier testing protocoa
- Sensitive enzyme immunoassay (EIA) or
immunofluorescencc antibody OFA) followLa o,
Western blot if positive or equivocal
Lyme Disease: Lab Test Limitations
Health care providers should not rely only on
lab tests to diagnose Lyme diseaseT
Cross - reactive L st done t ` Abx taken
antibodies soon before test
False Results
Lyme disease: Treatment
• Doxycycline or amoxicillin are the
treatments of choice in early hmie diso�,;
• Type, route (oral vs. IV) and duration of
therapy will depend on the age of the
person and what symptoms they are
experiencing
Lyme Disease: Areas of
Controversy
• Diagnosis
— Clinical presentation
— Laboratory testing
• Post treatment Lyme disease syndrome
(Chronic Lyme)
• Treatment
• Considerations:
— Diagnosis is clinical, not lab -based
— Opinions and interpretations of science
vary among experts
Reported Cases of Lyme Disease -- United States, 2010
1 Cot 01au0 ra MOTIY within country o/ rl 4— for Nch CO f.n use
10
Incidence Rates (per 100,000 population ^) for Confirmed Lyme Disease in Massachusetts
2008 -2012'
{... ,.�.r E.....
Yiddl-
�' i-' 9yJJolk
Worc..br
B2hin Xamvshir.
1
XAmvdm ..Norfolk
/ �
Briaol Plymouth
S1 T— Incidence Rate B—.r.-'
-:eerce AJ,.: 52 E0 � NoApureCw.
r. 0.513..5!
8uyomr.a-
O1.41 -0.
"••n•a \v`y�v� xvk.s
aoro0s ^ar!r�a m,eex cwT W.01.171L2 S
Rq
.:re faoo ma7v�s, ppuon r71A3 -2f01e V' x•e
n
nlfi ptw:m.l.ni, 1 t I..,�-
210.97 -y11X
'kpu,ra.YM >rtt::.ww '4+....J`y wam,rnr Drw
10
Lyme Disease in Reading
Other Tickborne Diseases in MA
• Babesiosis
• Anaplasmosis (Formerly HGL,
Rocky Mountain Spotted FcN7
— Rare in MA
Rilaremia
— Cape Cod and the Islands,
• Ehrlichiosis (HME)
— Carricd by the I o n e star tick- IInow)) n,iv, ;11
Coinfections
B. bw °gdorferi, B. micron and A.
phagoeytophila are all transmitted
by the same species of tick and
coinfection of ticks and humans with
more than one of these agents has
been documented
RMSF: Symptoms
ncuiMh011 period is ,5 -� dii
• Fever, severe headache, nlV'algia,
confusion, photophohla, nallsea,
voillltinIg and anorexia i10
n —8o% of cases, a maculopapular
rash on the extremities will appear 3-
5 da-vs after fever onset and rapidly
spread to the trunk
The characteristic petechial rash is
usuallvv not seen until the sixth daY or
later
I�.arly (macul:ul r:uh un
sole of loin
L:Nc (pcicchial) ravh on
1-1- m"I forc:o•m
RMSF
• Common dog tick
• Treated effectively with antibioticF
• If untreateu, - i, -
• Confirmed cases currently VEk u � li I
• Most likely orf �uN u t 71 G71 IliJ
Tularemia
Intracellular bacterium
Francisella tularensis
Common Dog'Fick
Dermacentor variabilis r.
dccrflicti✓r
handlin;; or catill" all inliCcted
(11 ill contaminated \%atel
inhalin" contaminated particles of dust, soil or gratis
Reservoir: associated with more than ioo species of
mammals as well as birds, fish and reptiles. Do, ticks are
also a resew oil..
Tularemia
• Disease can have many forms due to
different exposure routes
• Treated with antibiotics
• RARE in MA except for Cape Cod and
the Islands
Prevention Begins With You
• Wear repellent
• Check for ticks daily
• Shower soon after being
outdoors
• Wear long- sleeved light
colored shirts and long
pants whenever possible r.
• Call your doctor if you get
a fever or rash
FF
Tick Repellents and Acaricides
• DEET ( N,N- diethyl- meta - toluamide)
— Use products that contain 201% or more for adults
— No more than 10 -15% for children
• Permethrin kills ticks on contact
— Can only be used on clothing
• Do not apply on the hands or face of young
children or on infants or infant clothing
• Always follow the manufacturer's directions
DEET
-Mg Ter concentrations confer
longer protection, not more
protection
Permethrin
CLOTHING
� IH
INSECT flFVFIEE��t
CLOTHING
Property Protection
• Landscaping tO discourage deer and rodents
• Use of,dccr repellents
• Chemical sprays
Micc -tick treatment with tick tUhes
Tick Woes
• I�UI'CIMSC
1)anlnllnl\ tlCk tUhCs
www.ticktubes.com
• MakC vour My n
cotton halls
sawyer Insect Repellent
toilet paper holder
doves
Do a tick check daily
-Inside and behind the ears
-Along your hairline
-Back of your neck
-Armpits
-Groin
-Legs
-Behind your knees
-Between your toes
Remember:
• Removing infected ticks within
24 hours reduces your risk of
being infected with the Lyme
disease bacterium.
w
t
Grab the tick as close to the skin as possible
and pull straight out with steady pressure
Tick Testing
Pros
Can determine if a tick
cloeso t carry LID
• Can tell if a tick it
engorged or not
— Fed < or = 24 hr�,
• Can verify tick species
Cons
• Infected tick does
disease transm
Some test for Lb
not other tickborne
diseases
Fees and turnarou
time
Treatment after a tick bite
• Your doctor may prescribe antibiotics after a
tick bite if-
- Within 72 hours after discovery of the tick
— Tick is identified as a deer tick
— Tick was attached for > 72 hours or is obviously
engorged
— Person is an adult from a Lyme disease endemic
area
• Dosing and efficacy of prophylactic treatment
has not been evaluated in children
20
http: / /www.cdc.gov /niosli /topics /lyme/
www.mass.gov /dph /tick
Inter - municipal Agreement Between
Reading Public Schools
AND
Wakefield Public Schools
This Inter - municipal Agreement dated as of this day of May, 201-34 (this
"Agreement ") by and between the Town of Reading, acting by and through its School
Committee ( "the Reading Public Schools "), and the Town of Wakefield, acting by and through
its School Committee ( "the Wakefield Public Schools ")
WITNESSETH THAT:
Whereas, the parties desire to achieve economies by sharing the services of a School
Nutrition Director; and
Whereas, pursuant to G.L. c. 40, §4A, this Agreement has been approved by the Board
of Selectmen of the Town of Reading and by the Board of Selectmen of the Town of Wakefield,
and this Agreement has been further approved by the School Committee of the Town of Reading
and the School Committee of the Town of Wakefield, and the Superintendents of the Reading
Public Schools and the Wakefield Public Schools have been duly authorized to execute this
Agreement by their respective School Committees;
Now, therefore, in consideration of the premises set forth above, and the mutual
promises set forth below, and for other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the undersigned hereby agree as follows:
1. Employment of School Nutrition Director by Reading Public Schools; Payment
by Wakefield Public Schools. The Reading Public Schools shall appoint and
employ a School Nutrition Director (the "Director ") and shall be responsible for the
salary paid and all employment- related benefits granted to such employee. Without
limiting the generality of the foregoing, the Reading Public Schools shall be
responsible for any medical or other insurance, retirement contributions, workers'
compensation coverage, unemployment benefits, and vacation and other leave to
which the Director may be entitled by law or by contract. The Director shall furnish
services as School Nutrition Director of both the Reading Public Schools and the
Wakefield Public Schools. The Wakefield Public Schools shall contribute to the cost
of employing her by paying to the Reading Public Schools the sum of $60000
$61,500 in FY2015 annually, $63,100 in FY2016 and $64,700 in FY2017,
notwithstanding the provisions of Section 2, below. Equal payments e# 0,00-0 e.ae-h
shall be made three times per year due and payable on September 1, 2013, December
1, 2013, - and March 1,2014. It is anticipated that the initial Director will continue to
be Kristin Morello. The Reading Public Schools shall arrange for coverage of the
Director's position during any period of the Director's absence exceeding twenty
work days during the Director's work year (as defined in Section 2, below). In
addition, the Reading Public Schools shall arrange for coverage of the Director's
1
position, if warranted, during any period of the Director's absence if mutually agreed
upon by Reading Public Schools and Wakefield Public Schools. Should Reading
Public Schools not find a suitable replacement or interim candidate to fulfill the role
of School Nutrition Director for both Reading Public Schools and Wakefield Public
Schools during such extended period of absence, Reading Public Schools shall
reimburse the Wakefield Public Schools on a pro rata basis for the period of time
during such extended absence when there is no such coverage.
2. Work Time. The Reading Public Schools will employ the Director for a work year
consisting of 215 business days. Specific schedules shall be arranged by mutual
agreement of the School Business Officer in each district and in consultation with the
Director. The work year for the Director shall commence no later than ten days prior
to the start of the Reading Public Schools' academic year and shall end no sooner
than ten days after the conclusion of the Reading Public Schools' academic year.
Any time worked prior to the established start date or after the established end date
shall be paid to the Director at a per diem rate.
3. Term. The term of this Agreement (the "Term) shall be for a period of etfe --03 Three
years commencing on July 1, 20134 and ending on June 30, 201417. The pai4ies
antieipate tha4 if they aehieve the eeenefnies whieh they hepe to enjoy during sue
4. Duties of Director. The Director shall be responsible for the management,
supervision, and oversight of the School Nutrition programs of the Reading Public
Schools and the Wakefield Public Schools, subject to the direction of their respective
Superintendents or their designees and to the budgetary limits set by their respective
School Committees. Without limiting the generality of the foregoing, the Director
shall be responsible for the following for both parties hereto:
a. Preparation and administration of the School Nutrition budget;
b. Acquisition of equipment and supplies;
c. Providing input on hiring, firing, discipline, motivation, and preparation of annual
performance evaluations for cafeteria staff;
d. Day -to -day School Nutrition personnel deployment and task assignment;
e. Providing input to the School Committee for purposes of collective bargaining;
f. Planning and delivery of meals;
g. Back office support, defined in Section 5 below;
h. Menu planning;
i. Nutritional planning;
j. Promoting, monitoring, and analyzing participation in meals programs;
k. Revenue collection;
1. Loss control;
m. Cash control;
n. Reporting to the Bureau of Nutrition of the Department of Elementary and
Secondary Education; and
2
o. Such other related duties as may be assigned, jointly or severally, from time to
time by the Superintendents of the Reading Public Schools and the Wakefield
Public Schools or their designees.
5. Definition of "Back Office Support ". As used herein, "back office support" means
and includes the following:
a. Office telephone and email support;
b. Menu and document production;
c. Accounts payable preparation;
d. Accounts receivable preparation;
e. Cash deposits;
f. Cash counting;
g. Inventory control;
h. Food and supply ordering;
i. School Nutrition equipment maintenance, repair, and replacement.
6. Reimbursable Expenses. The Reading Public Schools will reimburse the Director
for any mileage, travel expenses, professional association dues, and professional
development costs to which she may be entitled per contract.
7. Performance Evaluation. The School Business Official of the Reading Public
Schools will annually conduct a performance evaluation of the Director. The
evaluation will be based on the Director's job description as maintained by the
Reading Public .Schools, any goals or objectives established by either or both of the
Superintendents for the Director, and any guidelines for administrative personnel
maintained by either or both of the Reading Public Schools and the Wakefield Public
Schools. The School Business Official of the Reading Public Schools shall solicit
input and feedback from the School Business Official of the Wakefield Public
Schools and this feedback shall be incorporated into the evaluation. It is anticipated
that the annual evaluation will serve as a major basis on which the Reading Public
Schools will decide whether to renew the Director's employment contract and that
any deficiencies identified through the evaluation process could lead to termination,
non - renewal, discipline or remedial action. The Reading Public Schools shall have
authority to terminate or discipline the Director, and to determine whether or not to
renew her employment contract.
8. Termination. This Agreement may be terminated at any time by agreement of the
parties and will terminate sixty (60) days after either party gives written notice to the
other of such party's desire to terminate this Agreement. No such termination shall
affect any obligation of indemnification that may have arisen hereunder prior to such
termination. The parties shall equitably adjust any payments made or due relating to
the unexpired portion of the Term following such termination, including without
limitation any payment made by the Wakefield Public Schools under Section 1,
above.
3
9. Indemnification.
A. By the Wakefield Public Schools. Notwithstanding the final sentence of G.L. c.
40, §4A, the Wakefield Public Schools, to the extent allowed by applicable law,
shall indemnify and hold harmless the Reading Public Schools and each and all of
their officials, officers, employees, agents, servants and representatives (the
"Reading Indemnitees") from and against any claim arising from or in connection
with the performance by the Director of her duties for the Wakefield Public
Schools including, without limitation, any claim of liability, loss, damages, costs,
and expenses for personal injury or damage to real or personal property by reason
of any negligent act or omission or intentional misconduct by the Director while
in or performing services for the Wakefield Public Schools. Such indemnification
shall include, without limitation, current payment of all costs of defense
(including reasonable attorneys' fees, expert witness fees, court costs, and related
expenses) as and when such costs become due and the amounts of any judgments,
awards, and/or settlements, provided that (a) the Wakefield Public Schools shall
have the right to select counsel to defend against such claims, such counsel to be
reasonably acceptable to the Reading Public Schools and its insurer, if any, and to
approve or reject any settlement with respect to which indemnification is sought;
(b) the Reading Indemnitees shall cooperate with the Wakefield Public Schools in
all reasonable aspects in connection with such defense; and (c) the Wakefield
Public Schools shall not be responsible to pay any judgment, award, or settlement
to the extent occasioned by the negligence or intentional misconduct of any of the
Reading Indemnitees (which term excludes the Director).
B. By the Reading Public Schools. Notwithstanding the final sentence of G.L. c.
40, §4A, the Reading Public Schools „to the extent allowed by applicable law,
shall indemnify and hold harmless the Wakefield Public Schools and each and all
of their officials, officers, employees, agents, servants and representatives (the
"Wakefield Indemnitees”) from and against any claim arising from or in
connection with the performance by the Director of her duties for the Reading
Public Schools including, without limitation, any claim of liability, loss, damages,
costs, and expenses for personal injury or damage to real or personal property by
reason of any negligent act or omission or intentional misconduct by the Director
while in or performing services for the Reading Public Schools. Such
indemnification shall include, without limitation, current payment of all costs of
defense (including reasonable attorneys' fees, expert witness fees, court costs, and
related expenses) as and when such costs become due and the amounts of any
judgments, awards, and/or settlements, provided that (a) the Reading Public
Schools shall have the right to select counsel to defend against such claims, such
counsel to be reasonably acceptable to the Wakefield Public Schools and its
insurer, if any, and to approve or reject any settlement with respect to which
indemnification is sought; (b) the Wakefield Indemnitees shall cooperate with the
Reading Public Schools in all reasonable aspects in connection with such defense;
and (c) the Reading Public Schools shall not be responsible to pay any judgment,
4
award, or settlement to the extent occasioned by the negligence or intentional
misconduct of any of the Wakefield Indemnitees (which term excludes the
Director).
10. Maximum Financial Liability of Parties. The Wakefield Public Schools shall not
be responsible to pay more than $68;880$61;500 in FY2015, $63.100 in FY2016 and
$64,700 in FY2017 pet - year -to support the employment of the Director, nor shall the
Reading Public Schools be responsible to pay more annually than the difference
between the said sum and the costs of the salary and benefits to which the Director is
entitled by contract and by law, notwithstanding the provisions of Section 2, above.
11. Financial Safeguards. The parties shall keep and exchange accurate and
comprehensive records concerning the services performed by the Director in and for
their respective schools, the costs incurred in connection with her employment and
the services rendered by her, and all reimbursements and contributions received by or
from either of the parties in connection therewith. Each party shall conduct an audit,
no less frequently than annually, to confirm that the Director has duly accounted for
all funds for which she is responsible in connection with such party's schools, the
results of which shall be promptly shared between the parties.
12. Assignment. Neither party shall assign or transfer any of its rights or interests in or
to this Agreement, or delegate any of its obligations hereunder, without the prior
written consent of the other.
13. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, or if any such term is so held
when applied to any particular circumstance, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement, or affect the
application of such provision to any other circumstances, and this Agreement shall be
construed and enforced as if such invalid, illegal, or unenforceable provision were not
contained herein.
14. Waiver. The obligations and conditions set forth in this Agreement may be waived
only by a writing signed by the party waiving such obligation or condition.
Forbearance or indulgence by a party shall not be construed as a waiver, nor limit the
remedies that would otherwise be available to that party under this Agreement or
applicable law. No waiver of any breach or default shall constitute or be deemed
evidence of a waiver of any subsequent breach or default.
15. Amendment. This Agreement may be amended only by a writing signed by both
parties duly authorized thereunto.
16. Governing Law. This Agreement shall be governed by and construed in accordance
with the substantive law of the Commonwealth of Massachusetts, without regard to
the conflict of laws' provisions thereof.
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17. Heading. The paragraph headings herein are for convenience only, are no part of this
Agreement and shall not affect the construction of the terms of this Agreement.
18. Notices. Any notice permitted or required hereunder to be given or served on either
party by the other shall be in writing signed in the name of or on behalf of the other
party giving or serving the same. Notice shall be deemed to have been received at the
time of actual receipt of any hand delivery or three (3) business days after the date of
any properly addressed notice sent by mail as set forth below.
A. To the Reading Public Schools. Any notice to the Reading Public Schools shall
be delivered by hand or sent by registered or certified mail, return receipt
requested, postage prepaid, to the Superintendent of the Reading Public Schools.
B. To the Wakefield Public Schools. Any notice to the Wakefield Public Schools
shall be delivered by hand or sent by registered or certified mail, return receipt
requested, postage prepaid, to the Superintendent of the Wakefield Public
Schools.
19. Complete Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter hereof, superseding all prior agreements and
understandings. There are no other agreements or understandings between the parties
concerning the subject matter hereof.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the first date
set forth above.
READING PUBLIC SCHOOLS
LIM
John F. Doherty, Ed.D.
Superintendent
Duly authorized.
WAKEFIELD PUBLIC SCHOOLS
BY:
Stephen K. Zrike, Ed.D
Superintendent
Duly authorized.
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