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Home My WebLink About2014-06-10 Board of Selectmen Handout - Part 1Draft Motions Board of Selectmen Meeting June 10, 2014 Arena, West, EnsminEer, Halsey, Sexton LeLacheur lc) Move that all action taken by the Town Treasurer in advertising for public sale of the $1,000,000 Bond Anticipation Notes, (the "Note ") of the Town authorized pursuant to Chapter 44, Section 7 of the Mass General Laws, as amended and supplemented, and by votes of the Town duly adopted, be and hereby is ratified, approved and adopted; That the Note shall be dated as of June 19, 2014, shall mature on September 26, 2014, shall bear interest due at maturity, and shall not be subject to redemption prior to its stated maturity; That the Note shall bear interest and is hereby sold and awarded as follows: Purchaser Century Bank Amount Int. $1,000,000 Rate Premium 0.40% $0.00 That the Town Treasurer is authorized to deliver the Note to purchaser and that the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are authorized to take action to execute and deliver all documents related to the Sale. 3a) Move that the Board of Selectmen approve the certificate of recognition for Josephine Milano. 4a) Move that the Board of Selectmen confirm the recommendation of the Volunteer Appointment Subcommittee and appoint Alyssa Scaparotti to a position on the North Suburban Planning Council with a term expiring June 30, 2016. 5b) Move that the Board of Selectmen approve the Inter - Municipal Agreement between the City of Melrose and the Town of Reading for Shared Public Health Services for a term expiring June 30, 2015. 5c) Move that the Board of Selectmen approve the revised ad hoc Library Building Committee, including a change from Facilities Director to the Assistant DPW Director, and a reduction from two to one members appointed by the Library Director and an increase from none to one member appointed by the Town Manager, as requested by the Library Trustees. 5d) Move that the Board of Selectmen and the Reading Housing Authority Board, voting as a committee of the whole, pursuant to the enabling legislation creating the Affordable Housing Trust Fund, approve funds for the Reading Housing Authority in the amount of $ for the purpose of 6a) Move that the Board of Selectmen approve the minutes of May 10, 2014 as amended. 6b) Move that the Board of Selectmen approve the minutes of May 27, 2014 as amended. 8a) Move that the Board of Selectmen approve the Executive Session minutes of May 27, 2014 as written. JH DE JA MW KS Move that the Board of Selectmen adjourn the meeting at p.m. � oFRego c Office of the Town Manager 16 Lowell Street ,BJ9' Inca R?a Reading, MA 01867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: June 5, 2014 RE: June 10 Agenda 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager As part of my Town Manager's report I will ask the Board to approve the sale of a temporary Bond Anticipation note, in the amount of $1 million for the West Street project. We borrowed that amount in case the timing of the state -run project requires us to have funds available over the fiscal year. Early next fall, when we have a better idea of the cost of the project, we expect to permanently borrow funds —Town Meeting has approved up to $1.3 million. Next week's BOS agenda begins with the Town Accountant's quarterly report to the Board. Sharon will summarize the Audit Committee's meeting last night, and review the Auditor's findings. She will also discuss what I believe to be an inadvertent violation of the P -card policy by a staff member. I would urge the Board to restore full privileges to the department where this incident happened. Next we have a one -year Regional Health agreement for your approval. There are no significant changes to the arrangement where we share the Director with Wakefield and Melrose, and staff with Melrose. We also have our own staff, with the plan to transition over time to have all Melrose staff except for Town Hall clerical support. I met with Melrose Mayor Rob Dolan and Wakefield Town Administrator Steve Maio, and all three of us are strongly supportive of this arrangement moving forward. I will then ask the Board to approve a revised Library Building Committee (LBC), as voted last Thursday by the Library Trustees. The changes are minor: first, to ensure Joe Huggins remains with the project a change from 'Facilities Director' to 'Assistant DPW Director'; and second, as the project transitions from planning to execution the reduction in Library- appointed membership by one and the addition of one member appointed by the Town Manager. I asked the current LBC what they needed from such a new member, and the strong consensus was that the building and trades were well represented but communication and project management /organization skills would be helpful. To fill that role I have selected Business Administrator Jane Kinsella. Jane worked for over twenty years for Lucent in the private sector, and has served for several years as the DPW Business Administrator before being re- organized into the Administrative Services department last fall. Jane's current role is multifaceted, ranging from labor negotiations expertise to technology & communications project management. Jane brings exactly the skills to this role that the LBC has asked for, and I believe she will be a strong asset to the group. The Reading Housing Authority will be in for a brief joint meeting with the Board to approve using a small amount of funds from the Trust Fund, as was described by Executive Director Lyn White at the May 13`h BOS meeting. At approximately 8pm we will begin the interviewing process of three law firms that the Selection Committee (Marsie West, Dan Ensminger, Dr. John Doherty Jim Cormier and myself) deemed appropriate to refer to the Board. Each firm has been told they have about 40 minutes, and are scheduled at B:OOpm, 8:45pm and 9:30pm. The RFP stated that the Board would make a final decision at your next meeting on June 24th. That will allow each of you some time to think about what you have heard and seen, and ask me any follow up questions to research as needed. I am in the process of collecting formal evaluations from the Selection Committee, and will give you a composite evaluation as required by our RFP to the Board when I have all the information. In May at the Selectmen /Department Head Retreat we formed four working groups. I will set some time aside on a future agenda in,July so we can discuss this as well as FY15 goals. As a reminder, these four groups are as follows: ➢ Community Partners (Dan Ensminger, Kevin Sexton & Bob LeLacheur) ➢ Services and Performance Measurement (Marsie West & Jean Delios) ➢ Communication (Sharon Angstrom & Jeff Zager) ➢ Strategic Planning (John Arena, John Halsey, Greg Burns, Jim Cormier & Ruth Urell) Finally, at your June 24`h meeting, in addition to appointing Town Counsel, we will have some neighbors in to discuss a stop sign request at Sunnyside & Fairview, as well as Town staff present to participate. That night the full Board will be asked to appoint BCC volunteers as determined by the VASC. We will also have a discussion about setting up a meeting for volunteers if the BOS wishes to pursue. Past Boards have inquired about combining ethics and open meeting law training with other topics as determined by the Selectmen to discuss with these BCCs. I would also like to discuss the Charter review process with the Board that night. The Charter Review Committee would like some input from the Selectmen and will extend an offer to meet jointly in the near future. Finally we will have an Executive Session for the Board to review and approve Town Labor contracts that are proposed for FY15 through FY17, 0 Library Building Committee There is hereby established a Library Building Committee. Background & Mission The Reading Library Board of Trustees has applied for and been awarded (in October 2012) an approximately $5.1 million construction grant by the Massachusetts Library Board of Commissioners. This grant award was as a result of an application and extensive planning effort by the Reading Public Library through its Board of Trustees and staff, with its OPM and Architect. The project is to conduct a full renovation /reconstruction of the existing building, plus an addition of approximately 8,000 square feet. The project is intended to develop a building with a useful life of at least 50 years, and a functional life of at least 20 years before any significant programmatic modifications are required. The Library Building Committee shall provide advice to the FaGi4iziesAssistant DPW Director, who shall be responsible for the management of the building project, and to the Town Manager who pursuant to the Reading Home Rule Charter is responsible for the awarding of contracts and carrying out of improvements to all public buildings except for the buildings of the School Department and the Reading Municipal Light Department. The Library Building Committee shall report periodically to the Library Board of Trustees, Town Meeting, the Board of Selectmen and other bodies as requested on the progress of the Library project. The Library Building Committee shall: (1) To the extent that it does not delay the process, give advice to the Town Manager on the Architect and Owners Project Manager (OPM) selection for the project. (2) Review the detailed options for renovation /reconstruction of existing space and addition of additional space to the existing library building at 64 Middlesex Ave. including a discussion of expected timelines and costs; (3) Develop a recommended proposal for the final design. The Library Building Committee will base its recommendation on the detailed program needs developed as part of the application process for State aid, and approved by the Massachusetts Board of Library Commissioners. (4) Monitor the bid process and make a recommendation as to the award of construction bids. (5) Provide input into the arrangements for temporary space for the library during the construction project. (6) Monitor the construction process, working with theasilitiesAssistant DPW Director to determine how the project is tracking with respect to the construction contract, timelines, and cost. (7) Without delaying decisions, review and make a recommendation to the FaGil#iesAssistant DPW Director on periodic payments including change orders. Committee Membership The Library Building Committee shall consist of eight (8) members appointed as noted below. ♦ 2 members of the Library Board of Trustees appointed by the Board of Trustees ♦ 2 Fnembersone member of the Library staff, which may iflskudebe the Library Director, and who shall be appointed by the Library Director -mss ♦ One member appointed by the Town Manager which may be a Town employee or a resident of the community ♦ One member of the Finance Committee appointed by the Finance Committee ♦ 3 residents of the community, at least 2 of whom have experience and expertise in construction projects as an architect, structural or civil engineer, contractor, or construction manager, appointed by a committee consisting of the Chairman of the Board of Selectmen, Chairman of the Board of Library Trustees, and the Moderator The terms of the members of the Library Building Committee shall be for three years, or until the completion of construction and the issuance of the Certificate of Occupancy of the building project, or until the filing of a final report with Town Meeting, whichever comes first. Adopted X35 -29 -14 by the Library Board of Trustees Proposed for adoption 6 -10 -14 by the Board of Selectmen s`�O TOWN OF READING CHAIR VICE CHAIR ,SECRETARY I. Objective MASSACHUSETTS BOARD OF SELECTMEN TOWN HALL • 16 LOWELL STREET • READING, MA 01867 -2683 FACSIMILE: (781) 942 -9071 TELEPHONE: (781) 942-9043 WWw.READINGMA.GOV ROBERT W. LELACHEUR, JR.CFA, TOWN MANAGER TOWN OF READING REQUEST FOR PROPOSALS FOR TOWN COUNSEL SERVICES The Town of Reading, Massachusetts, acting through its Board of Selectmen, seeks to appoint a highly qualified attorney or law firm as Town Counsel effective no later than July 1, 2014. The successful appointee should meet or exceed the qualifications stated herein and, in general, should be readily accessible to authorized public officials, exceptionally experienced in municipal law (as further described below), scrupulous in adhering to required standards of professional conduct and ethics, and committed to rendering sound legal advice with suitable objectivity and professional detachment. IL Background The Town of Reading is located 12 miles north of Boston and has a population of approximately 25,000 residents. The Town is predominantly residential with some vibrant commercial areas. The Town has a budget of approximately $80 million for Fiscal Year 2014 and is rated AA+ by Standard and Pool's. The Reading Home Rule Charter specifies Town government functions under a Board of Selectmen and a Town Manager; has a 192 - member representative Town Meeting; has two other elected boards - the Board of Assessors and the Library Board of Trustees - and many Selectman- appointed boards. The Town's decision - making process is highly collaborative and consensus driven, and often includes the School Department and town -owned Reading Municipal Light Department. The Town is led by exceptionally qualified department heads and very dedicated staff, and also enjoys a strong grass -roots volunteer effort. Through these volunteers, the Town benefits from a wide range of knowledge and experience in many professional and technical fields. Volunteers are encouraged to learn more about the Town of Reading through its municipal website (www.Readingma.gov) and local publications. The Town of Reading has been served by its current Town Counsel, Gary S. Brackett, of the law firm of Brackett and Lucas LLC in Worcester. Mr. Brackett has recently resigned as Town Counsel. Mr. Brackett is highly regarded for both his legal advice and wise counsel that he has rendered to board members and staff alike over the course of his tenure. The Town Manager has established informal procedures and protocol so that a limited number of staff and volunteers contact Town Counsel directly. 0 541 The current model for legal services has worked well in the Town. Mr. Brackett's services have been augmented by Town's Labor Counsel (Morgan, Brown, & Joy LLP). Note that the Light department hires independent Counsel and the School department hires independent Labor Counsel, but shares Town Counsel services. Recently the School department has hired Special Counsel to handle a specific litigation matter in- progress that was previously handled by Brackett and Lucas. The Town would like to replicate the model of a "generalist" as Town Counsel with existing specialists to round out the legal advice rendered to the Town. III. Town Counsel Services The Town seeks expertise in the following matters: • General Municipal Law; • Municipal Finance; • Town Bylaws and Regulations; • Open Meeting, public record, executive session, and conflicts of interest law; • Zoning and land use issues (please note that the Town is engaged in a significant overhaul of Zoning Bylaws, scheduled for November 2014 Town Meeting action); • Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax takings; • Town Meeting: drafting and review of Warrant Articles and Motions, advice on issues before and at Town Meeting; • Drafting and monitoring special legislation; • Bidding, public construction, and municipal procurement issues; • Affordable Housing; • Subdivision control law; • Comm unity. Preservation Act; • Wetlands regulations; • Oil and Hazardous Waste Contamination and other environmental issues; • Elections law and procedures; • Liquor Licensing; and • Representation of the Town in all courts, including appellate level, and administrative agencies. The Town expects Town Counsel attendance at the following: • All sessions of Annual (late April to early May), Subsequent (mid- November) and Special Town Meetings. Town Meetings are usually held on Monday and Thursday evenings; • Board of Selectmen meetings and other meetings on request. IV. Minimum Qualifications A. Bar Admissions The appointee and all those who serve as back -up to the appointee (see below) must be a member in good standing of the Massachusetts Bar and of the Federal Bar for the District of Massachusetts. Town Counsel must have Professional Liability Insurance in the amount of at least $2,000,000 and will need to produce a certificate of insurance upon appointment. B. Experience The appointee must represent or have represented as town counsel (or functional equivalent) a minimum of three Massachusetts- municipalities for no less than five years each, or represented other Massachusetts municipalities in specific areas of municipal law, or possess equivalent experience. References for all municipalities currently represented or represented in the past ten years by the appointee must be furnished. ,5j v C. Accessibility and Accountability The appointee must commit to be available for frequent contact either through in person meetings, via telephone or electronic means, and be able to respond to all communications from authorized officials either himself /herself or through a qualified back up within 24 hours of the call during normal business hours. The appointee must be accessible to town staff and board members. An internal controls process directs staff and board members on procedures to be followed when Town Counsel's services are needed. The appointee must also commit, as a general rule, to responding to requests for written opinions within one week unless the circumstances of the opinion warrant a shorter or longer time frame for a response. The appointee must commit to preparing a brief written summary each month of all open issues at no cost to the Town and to preparing a report for the Town's Annual Report. D. Back -up The appointee must have within his or her firm or through an established "of counsel" relationship at least one other qualified attorney available to render advice and otherwise represent the interests of the Town of Reading when the appointee is unavailable. In this context, "qualified attorney" shall mean another lawyer who substantially meets the minimum qualifications set forth herein for the appointee or who is supervised by another attorney in the firm that meets these qualifications. E. Billing The appointee must commit to providing a summary of legal services rendered and invoices for services ordered, rendered and accepted on a monthly basis. Each statement, if based on an hourly rate for services, must disclose, at a minimum, the date of the service, the identity of the lawyer or staff person performing the service, the subject matter reference for the service, a description "of the service performed, the time it took to perform that function, and the hourly rate for the individual performing the function. Expense items must also be itemized. V. Fees and Expenses The Town is committed to containing legal costs and wishes to understand the basis on which the responding attorneys propose fees and expenses. The Board of Selectmen will consider alternatives to the traditional hourly rate fee arrangement with counsel and /or the current fixed fee arrangement for certain services, such as attendance at Board of Selectmen and Town Meetings. Responding attorneys are required to clearly outline the various types of financial arrangements being proposed. For example, if a fixed fee arrangement is being proposed, define exactly what is meant by this term. If a minimum annual contract, define what would be included in such an arrangement. Responding attorneys should feel free to be creative in this regard so long as the proposal is understandable and reasonable. Whether or not an alternative fee arrangement is proposed by the responding attorney, the attached fees and expenses response sheet must be filled out completely. VI. Selection In seeking Town Counsel, the Town of Reading is not bound by M.G.L. c.30B or by any other constraints apart from the sound judgment of its members. This process is being used to communicate the desired qualifications of Town Counsel and to solicit information in an orderly fashion for rough comparative purposes. A five member Search Committee composed of two Selectmen, Town staff and others will recommend two or three finalists for consideration by the full five- member Board of Selectmen. Personal interviews will be part of the process for selecting the finalists. The finalists will interview with the Board of Selectmen during an open meeting. Ultimately, the Board of Selectmen will select the candidate deemed to be in the best interests of the Town, in its sole discretion. Consequently, the Board of Selectmen and Town of Reading reserve the right to waive any irregularities in the RFP process and to accept or reject any or all proposals. The appointment of Town Counsel 5A3 O is generally made by the Board of Selectmen for each fiscal year. The Board intends to work with the new appointee on a transitional plan. Below are the projected dates for this process. The Town reserves the right to modify this schedule as it determines convenient: April 21, 2014 May 8, 2014 May 12 -23, 2014 June 10, 2014 June 24, 2014 July 1, 2014 VII. Application RFP issued Proposals due by 3:00 pm Search Committee screening /interviews Board of Selectmen finalist interviews Board of Selectmen's decision Effective date of appointment Qualified attorneys or law firms interested in responding to this RFP should fill out the attached forms completely and attach copies of all documents "requested therein. Kindly return the same in a sealed envelope labeled "Town Counsel RFP" to Robert W. LeLacheur, Jr. CFA, Town Manager and a member of the Search Committee, who also will be available to respond to questions at: Robert W. LeLacheur, Jr. CFA Town of Reading 16 Lowell Street Reading, MA 01867 781 - 942 -9043 townmanaeer @ci.readinz.ma.us Please provide eight (8) hard copies of the RFP response and all associated documentation on 8 Y: by 11 paper, along with one digital copy in Adobe pdf format at the address above. All responses to this RFP must be received at the above address no later than 3:00 pm on Tuesday, May 8, 2014. t0 ATTACHMENT A RESPONSE TO REQUEST FOR PROPOSALS FOR TOWN OF READING TOWN COUNSEL Name: BBO #: Name of Firm: Street Address: City, State, Zip: Telephone: Fax Number: Email: Website: Please respond to each of the following, using separate pages as necessary: 1. Please identify by name (and BBO #, address and phone number if different than above) the proposed Town Counsel, and, if applicable, lead counsel as well as members of a team, and each proposed back -up counsel. 2. Please attach resumes or curriculum vitae for each attorney identified above. 3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFP? other than "yes ", please explain. 4. With respect to each attorney identified, please list each and every Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorney's representation. S. Please describe each identified attorney's experience in municipal law. 6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFP, specifically with regard to Reading's somewhat decentralized form of government, including volunteer Boards. 7. Please describe how you propose to satisfy the back -up requirements of the RFP. 8. If services are to be provided by a team of lawyers, describe how the team approach would work. For example, will specific attorneys be assigned to specific cases or subject matters? Will the specific attorney remain the contact throughout the case or matter? s� O 9. How would you conduct or oversee litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel? 10. Are you available to review and approve as to form and content all contracts to which the Town is a party? 11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense? 12. Do you provide training in legal obligations and compliance for elected, appointed and compensated town employees on issues such as conflict of interest, ethics, open meeting law and harassment, and, if so, would this be a separate expense? 13. Please describe your suggestions for the transition from current Town Counsel 14. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney and how the complaints or suits have been resolved. 15. Please identify any past or current clients that may give rise to a conflict of interest as a result of representing the Town of Reading. 16. For each Town you and, if applicable, members of your firm have represented, please list those cases where municipal litigation has been undertaken (do not list special ed or appellate tax board cases). By my signature, I certify that the information contained in this Response to Request for Proposals are complete and accurate, to the best of my knowledge and belief. Signed: Date: sa 6 (�a) ATTACHMENT B RESPONSE TO REQUEST FOR PROPOSALS FOR TOWN OF READING TOWN COUNSEL- FINANCIAL INFORMATION Fees and Expenses Response Sheet (To be attached to and made a part of the overall Response to Request for Proposals) 1. Please list the name and hourly rate for proposed Town Counsel and for each attorney intended or likely to serve as back -up. 2. If you propose to bill for services provided by paralegals, clerical staff, or other non - attorney personnel, please list by title and by hourly rate each position for whom you may bill. 3. Please provide a complete listing of all charges for expenses you intend to impose as incurred (i.e., any and all copy charges, telephone charges, fax charges, mileage charges and the like, but excluding any fees for stenographers, court fees, service fees and the like). 4. In what hourly increments do you intend to bill? 5. Do you bill out attorney time out of the office on a portal -to -portal basis or some other basis? Please describe. 6. Please describe any proposed alternative fee arrangement. 5J ? l3 ATTACHMENT C MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member) Rate your experience in the following areas of municipal law using the scale below 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience law General Municipal Law Municipal Finance Town bylaws and regulations Open Meeting, public record, executive session, and conflicts of interest Zoning G. L. c. 40A and land use Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting Drafting and monitoring special legislation Public Bidding, Construction Law and Municipal Procurement Law Chapter 40B Affordable Housing Subdivision Control Law Community Preservation Act G. L. c. 44B Wetlands Regulation (State and Local) Oil & Hazardous Waste Contamination G. L. c. 21E Elections Law Liquor Licensing Municipal Labor Law Chapter 32B Sd� 1 ATTACHMENT D STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member) Rate your experience practicing with the following Courts, Boards and Commissions based on the scale listed below. 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience Trials before State Courts (District, Superior, Land Courts) Trials before Federal District Courts Appeals before Massachusetts Appeals Court Appeals before Massachusetts Supreme Judicial Court Administrative Proceedings before Massachusetts Civil Service Commission Arbitration Proceedings Mediation Proceedings Administrative Proceedings before Massachusetts Appellate Tax Board Administrative Proceedings before Massachusetts Department of Environmental Protection Administrative Proceedings before Massachusetts Commission Against Discrimination Administrative Proceedings before the ABCC Administrative Proceedings before the Housing Appeals Committee Administrative Proceedings before Division of Administrative Law Appeals �5 ATTACHMENT E TOWN OF READING BACKGROUND INFORMATION TOWN COUNSEL Overview Town Website: http: / /www.readingma.goy/ Annual Report: http: / /www.readingma.goy/ board -of- selectmen /pages /annual -report Volunteer Boards, Committees & Commissions: http: / /www.readingma.goy/ sites /readingma /files /file /file /bccs.pdf Legal Home Rule Charter: http://www.readingma.goy/ sites /readingma /files /file /file/2013 -09- 16 reading home rule charter.pdf General Bylaws: http: / /www.readingma.gov/ sites /readingma /files /file /file /2013 -12 general bylaw 0 pdf Zoning Bylaws: http: / /www.readingma.gov/ sites /readingma /files /file /file /2013 -12 zoning bylaw pdf Current Recodification efforts ➢ Charter: http: / /www.readingma.gov/ sites /read1ngma /files /file /file/2014 -03 -17 chater review .pd ➢ Zoning: http : //www.vhb.com /readingzoning/ Request for Proposals Town Counsel Selection Committee COMPOSITE scores Selection Committee voting members: Selectmen Dan Ensminger Selectmen Marsie West Police Chief Jim Cormier Superintendent of Schools Dr. John Doherty Town Manager Bob LeLacheur May 20, 2014 — order of presentations (random) Miyares & Harrington LLP (Belmont) Murphy, Hesse, Toomey & Lehane LLP (Quincy) Deutsche Williams Brooks DeRensis & Holland, P.C. (Boston) Kopelman & Paige, P.C. (Boston) *Note Dr. Doherty did not participate in the Kopelman & Paige interviews or rankings due to the possible appearance of conflict of interest as the Reading School department has currently engaged the firm in legal work Meets Criteria (4); Does Not Meet Criteria (1) RFP section IV. Minimum Miyares Murphy Deutsche Kopelman Qualification et al et al et al et al 16.0 14.0 16.0 16.0 1 Bar Admissions 4.0 4.0 4.0 4.0 2 Experience 4.0 2.8 4.0 4.0 3 Accessibility and 4.0 4.0 4.0 4.0 Accountability 4 Back -up 4.0 4.0 4.0 4.0 Miyares, Deutsche and interviewed by the full Kopelman were selected to be Board of Selectmen Highly Advantageous (4); Advantageous (3); Not Advantageous (2); Unacceptable (1) RFP Comparative Miyares Murphy Deutsche Kopelman section Evaluation et al et al et al et al VI. Criteria 29.9 28.1 27.9 27.8 1 Extent of 3.4 3.6 3.6 3.5 Experience as Town Counsel for MA municipalities 2 Quality of 3.6 3.6 3.8 3.3 Experience as Town Counsel for MA municipalities 3 Demonstrated 3.6 3.6 3.6 3.3 Ability to provide Accessibility and Accountability while working with the Town's form of government 4 Comments where Less No individual Perfect Team is firm has self -rated experience scores given scores light in land any area of in labor law, is not reported; use and Section D' (Litigation) at a Fed courts advantageous strong in litigation value of 3 & SJC; very litigation; no (Moderate honest in school Experience) or self experience below rankings reported 5 Ability to provide 3.6 3.7 4.0 4.0 timely updates on relevant topics 6 Transition from 3.9 3.2 3.2 4.0 current Town Counsel 7 Conflicts of 4.0 3.4 2.8 3.0 interest (include (Wilmington) (N.Reading) RMLD 8 Comments where Labor law No individual Perfect Team is firm has self -rated scores given scores light in land any area of is not reported use; very Section C. advantageous honest in (Municipal Law) at self a value of 3 (Moderate rankings Experience) or below 9 References 4.0 3.8 3.5 3.7 10 Interview 3.8 3.2 3.4 3.0 performance Town Counsel Self-Ratings - Municipal Law and Litigation 6/5/20149:43 AM (I Miyares & Harrington Murphy Hesse Toomey Deutsch Williams Brooks ULP & LeHane LLP DeRensis & Holland PC Kopelman & Paige PC cc :9 'E . . 0 0 0 8 02 cc E -2.1 1! S5 U C CATEGORY E 0 vi' YY *9; 'E ct E A! MUNICIPAL LAW EXPERIENCE . . ......... 4 .......... ......... 1 General Municipal Law 5 5 5 .... ... .. ... 5. so - 50 . ........... ....... .Si 5 . . . . .... 5: 4 ......... 5 01 4.8 ' 1 ....... .... ...... 51 51 5 ..... . .......... ........... . ... ... 5.0:1..5.0 .... . ........ No individual 2 Municipal Finance Si 5 5 5.0 5.0 ratings. 5.0 5 4 3 2 4.5 1 3.5 S S S 5.01 5.0 Non-responsive .......... .. .. . ......... + .... ....... ......... . .. .......... .. ......... 3 Town bylaws and regulations 5 Si 5 5.01 5.0 to RFP 5.0 5 5 51 4 . 5.0: 4.8 5 i Si j : 5.01 5.0 Open Meeting, public record, executive session, and .......... ......... i ..... ... ..... ........... . ........ ....... . .... ....... .. ............. . ............. ..... ............... 4 conflicts of interest law Si 5� 5 5.0 5.0 51 5 5:.. 5 5.0. 5.0 51 5 5 5.0 5 Zoning G. L. c. 40A and land use 5 5.01 5.0 5.0 .......... .. 3 ... ....... . .. . ............. S.0; 4.5 ... .......... ............. 3i 31 3 .5.0 .. ........ 3.0. 3.0 I . ....... ...... .. .......... ........ ... ...... ... ........... . .. ............. .............. . .... . .. Real estate issues: acquisitions, sales, eminent 6 domain, easements, leases, tax taking 5 5 5 SV 5.0 5.0 51 5 5.01 45 4i 51 3 4.01 4.0 Town Meeting: drafting and review of warrant ...... ........ ......... . .... ......... ....... .... ........ ---------- ....... . ..... ... ...... articles and motions, advice on issues before and at 7 TM 5 5. 5 5.01 5.0 5.0 5 4 4. 4 4-S:; 4.3 5. Sj 5 5.0! 5.0 8 Drafting and monitoring special legislation 5 1 51 ......... 5.01 5.0 ..... 5.0 ........... 5! 3 3 . ..4.01 3.8 ....... 51 51 5 .............. S.Oi 50 .............. ......... Public Bidding, Construction Law and Municipal 9 Procurement Law Si 51 3 4.3! 4:3 5.0 5i 3 5.0' 4.0 4i 5! 3 4.0; 10 Chapter 40B Affordable Housing ....... .. ..... 1 5; 5r 5 .......... 5.0! ........... S 5 .. 4 3 ............ . . .... ..... .. 5.0: 4.3 i .............. . ............. . ......... 31 21 2 23 2.3 11 Subdivision Control Law -T .. .... . 5� 51 5 ......... 1 L" 5.0. 50 ........... 6 5. ......... . 51 4 ............ 1 11 - . 5.0: 4,8 .............. .. ........ 31 2 1 2 23: 2.3 12 Community Preservation Act G. L. c. 44B Sj 5. 5 .......... .... 5.01 5.0 ...... j . .. 0 .......... .... ..... _..5, ......... 4. 5 .... 4.0 .4.3 ... ... ..... ............. . .............. 5 51 4 . ............ . ........ . . ........... . 4.7 i 4.7 ....... ........ 13 Wetlands Regulation (State and Local) ......... .......... 51 5: 3 43: 4.3 5.0 5 5 5. 3 5.0� 4.5 3 3 i 2.7: 2+7 ......... ......... ........ . .......... ............. ............. ... .. .......... I ........... . ............. . ... . .... ....... .. .... .... . ............. ............... . 14 Oil & Hazardous Waste Contamination G. L. c. 21E 5i 3. 3.3 3.3 0 Do! 0.0 21 51 2 ...... .... .... ...... . 3.0Z 3.0 . ....... . .... ............ . . 15 Elections Law ......... .......... . .......... 51 41 3 4 ........... .... 4.0j 4.0 5.0 5 4 . 3. 3 .. . ........... .... 4.5L 3:8 .... .......... I ++' ... .............. - 51 41 4 ..... ............. . 4.3 4.3 ........ . ..... 4- 16 Liquor Licensing . 1 1 . ........ 51 51 2 ..........1............. 4.0j 4.0 ............. S.0 ...... ..... ........ .. 5 5 1, 31 2 5.01 3.8 41 41 4 4.Oi 4.0 17 Municipal Labor Law .... 31__21 2 ....... il 2. 23 ....... . . 5.0 ... ...... ... 5 5 .......... . .......... 4: 3 ............. . 5.01 4.3 .......... t ----------- 5 ..... ---------- ............ 3.3 i 3.3 ........... . . I .......... 18 Chapter 328 5.0 ......... ......... 5 31 .... , 5;: 3 4.01 4.0 . 31 21 5 3.3; 3.3 4.8 4.614.0 4.4 4.4 1 5.0 4.7 4.21 3.9 3.3 4.51 4.0 4.01 4.01 18 AVERAGE MINICIPAL LAW SCORE LITIGATION EXPERIENCE Trials before State Courts (District, Superior, Land 1 Courts) __ 5i 41 4 .._.....'......_..t......_. 4.3 i 4.3 ....... 5.0 51 5 .... 4 ...... 5.01 4.7 t 31 5 i 5 ........ . .. ; _....43;.._4.3 ..... ...... - i No Individual 2 Trials before Federal District Courts 31 3 2 2.7' 2.7 ratings. 5.0 51 5 1 5.0: 3.7 I 11 21 4 2.3 i 2.3 . . ......... 1 .......... t....._... . . ...... Non-responsive . . ........ .......... ............... . ............. ..... t ..... ........ . ... ........ .. . .. . ............ 3 Appeals before Massachusetts Appeals Court 4 3 4 3.7i 3:7 to RFP 5.0 5 5 3 5.02 4.3 31 4 1 ! 4.0; 4.0 Appeals before Massachusetts Supreme Judicial .......... .... ....... ......... ... ....... . . . ............. .. . .... ...... . T i 4:Court 3 21 3 _4 2.7: 2:7 5.0 Si 5 1 ...... . .... ..... 5.0' 3.7 ............... ........ .. 3! 4 ......... . ... ............. .............. 2.7. 2.7 Administrative Proceedings before Massachusetts 5 Civil Service Commission 1 11 1 1.01 1.0 2 1 35, 2.7 : ..... ........ .... .............. ..... .... . 5 2.31+ 2.3 6'Arbitration Proceedings ...... ...... 5 31 1 ......... 4 i ........ 3.0� 3.0 . *+ *i.6' S. 0 ........... 51 4 .. ........ _ .... 11 I.L.-.11 ... 4.5i 3.3 ....... ..... 11 5 ..... ..... . _ ------- 2.3 2.3 ............ 7 Mediation Proceedings . ........ 4 �4 3.0 5.0 5 5 2 4,0 1: 41 5 3.3; 3.3 Administrative Proceedings before Massachusetts .......... .... ...... . . ................ . . . ...... t,* t ....... . ... . ........ ............ 8 Appellate Tax Board 3 4i 1 2.7 5.0 51 2 5 3.5i 4.0 1 31 1 1.7i 1.7 ... . ..... ...... . .... . .. ......... ......... ........ ........... . ..... ............... ..... .............. .. . ........ . ..... ... . Administrative Proceedings before Massachusetts 9 Department of Environmental Protection 51 1 3.7 3.7 5.0 5 4 44 4.5' 4.3 .......... 31; 1 - ------ .......... . . 3.0: 3.0 . . . . .. ? t .. ...... ......... ............. T Administrative Proceedings before Massachusetts 10 Commission Against Discrimination 21 1 1 '1 131 1.3 S.0 Si 4.5;. 33 ... 2i 2i 5 .............. f ........ ..... ............ . 3.0: 3.0 ................ f - it Administrative Proceedings before the ABCC ........ ... ...... I ......... ......... . . 5.0 -1 5 .. . ........ 1: ........... 5.01 .7 ....... 1. 3i 3 2.3 23 Administrative Proceedings before the Housing 12 Appeals Committee 2 41 5.0 �.R! 3,7 . 21 2 ........... ------ 1.7: 1.7 ---------- Administrative Proceedings before Division of ........ ........ . .......... 1' 1 : : 13 Administrative Law Appeals 5 4i 3.7: 17. 5.0 5 21 4A 3.3 2 4 5 3.7 3.7 3.5' 3.21 1.812.81( 2.8 5.01 5.01 4.21 2.1 ]�.61.7 E1.82.8 3.8 2.8 2.8 AVERAGE LITIGATION SCORE RANKINGS: 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience S. Extensive experience 6/5/20149:43 AM (I Fage I of Linda Whyte From: 'Brad Latham" <BradLatham @lathamesq.com> Date: Tuesday, June 10, 2014 1:35 PM To: "Linda Whyte" <rhalvnw @verizon.net> Subject: Gazebo Circle Units yn, have spoken with Toni Hall at DHCD about the feasibility of placing one housing unit under a local initiative program ,IP). She said that it can be done, but the usual process fot LIP housing must be followed. That is, there needs to be a LIl :)plication and marketing plan submitted by the Town to L)HCD. Once the application and plan are approved by DHCD, tere needs to be the usual advertizing, lottery and selection process. Because of the lack of economy of scale with one nit, I asked her for a housing specialist who might work at reasonable rates. She gave me some names, including the helmsford Housing Authority. called Lisa Singleton at the Chelmsford Housing Authority. She said she would prepare a marketing plan, handle the ittery and qualify applicants for $1,250 per two - bedroom unit. It would take her about a week to prepare the marketing tan. provide this information and the costs for you to see if the Town cares to undertake a LIP application. lease advise if you have any further questions. rad i. BRADLEY LATHAM ATHAM LAw OFFICES LLC 43 MAIN STREET EADING, MA O 1867 LEPHONE 1. 781- 942 -4400 AX 1- 781- 944.7079 tis e-mail, including any attachments, is intended only for the confidential use of the designated recipient. It may contain confidential or oprietary information and may be subject to attorney - client privilege or other confidential protections. if you are not the designated recipient, ease notify the sender by reply e-mail and delete this message. Neither this e-mail nor any attachment to it shall (a) satisfy the requirements fol nrriting, or (b) give rise to or constitute a contract, or (c) bind our client, or (d) constitute an electronic signature, under any law, now or !reafter in effect, unless this email expressly states that it does. 5 CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advise contained it is communication (including any attachments) is not intended or written, and cannot be used, for the purpose of (i) avoiding penalties under e Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ,ended nn y fnr the confidential use of the designated recipient. It may contain confidential or proprietary information and may be onfdential protections. if you are not the designated recipient, please notify the sender by reply e-mail and delete this message it shall (a) satisfy the requirements for a writing, or (b) give rise to or constitute a contract, or (c) bind our client, or (d) constitute an hetoafter in effect. unless this email expressly states that it does. ,nmrkance with requirements imposed by the IRS. we inform you that any U.S. tax advise contained in this Communicating r -r o. and cannot he used, for the puroose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting marketing nsaction or mattes addressed herein. 6/10/2014