HomeMy WebLinkAbout2014-05-27 Board of Selectmen Minutes OFR
t Town of Reading
4 Meeting Minutes
Board - Committee - Commission - Council:
Board of Selectmen
Date: 2014-05-27 Time: 7:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street
Purpose: General Business
Attendees: Members - Present:
Chairman John Arena, Vice Chairman Marsie West (remotely), Secretary
Daniel Ensminger, Selectmen John Halsey and Kevin Sexton
Members - Not Present:
Others Present:
Town Manager Bob Letacheur, Police Chief lames Cormier, Deputy Police
Chief Mark Segalla, Office Manager Paula Schena, Health Director Ruth Clay,
Nancy Dockser, Gina Snyder, Bo Garrison, Bill Brown, Terrence Salle, Tom
Gardner, David Sinclair
L Minutes Respectfully Submitted By: Secretary Daniel Ensminger
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments_- Kevin Sexton noted that he attended the
Economic Development Committee last Wednesday. They are willing to run with the results
of the EDSAT. He attended the Orange Leaf grand opening and asked about the status of
the Fall Street Faire Committee. Town Manager noted that there will be no change to the
Fall Street Faire Committee this year.
Daniel Ensminger noted that the Volunteer Appointment Subcommittee will be meeting on
June 3rd and he reviewed the list of Committees that need volunteers. He presented the
certificate of recognition to Roland Vazquez on May 8d'; Interviewed Town Counsel.
candidates on May 2& and spoke at Wood End on Memorial Day.
John Halsey noted that he attended the Northern Bank grand opening. He complimented
Veteran's Agent Frank Driscoll on the Memorial Day event and noted that the essay at
Forest Glen was exceptional.
John Arena also complimented Frank Driscoll on the Memorial Day event and he attended
the School Committee meeting regarding all-day kindergarten.
Public Comment - Bill Brown thanked the Selectmen for speaking on Memorial Day. He also
noted that, next year, they will be In need of volunteers at the cemeteries to prepare for
Memorial Day.
Resident Susan Bowe noted that the number of trucks going Into the Compost Center are
down. She notified the police that the gate is not locked and they are policing. She asked
about the status of the big pile of cement and asphalt at the Compost Center and the Town
Manager noted that the Town is looking at Issuing an RFP to remove It.
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Board of Selectmen Minutes - May 27 2014 - page 2
A resident from 84 Willow Street noted that the Town needs permission from the Board of
Health or DEP to store solid waste. Gina Snyder noted that the DEP has regulations
regarding solid waste.
Town Manager's Report - The Town Manager gave the following 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 7a' 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 9
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 Y2 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 mindl 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 http•//www readinama aov/engineering division/nage / miction prgjgts.
➢ 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.
➢ 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 FYIS as was discussed during the budget process and sufficient funding was approved
by Town Meeting.
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Board of Selectmen Minutes - May 27 2014 - page 3
➢ Once upon a time HR Administrator Carol Roberts stopped by Town Hall to do some part-
me 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 Detai 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'Amicl'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-Beer/Wine (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 10. Typically the Selectmen staff a booth from Ilam until 3pm.
Personnel and Appointments
Officer Badge Pinning - Police Chief James Cormier noted this is a historic badge pinning for
the first Deputy Chief Mark Segalla. As assessment center was conducted and there were
three candidates. Deputy Chief Mark Segalla is an 18 year veteran of the Town and was
promoted. The Board and the Police Officers present congratulated Deputy Chief Segalla.
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Board of Selectmen Minutes - May 27 2014 page 4
Discussion/Action Items
Hearing - Approve FY15 Classification and Compensation Plans - The Secretary read the
hearing notice. The Town Manager indicated he Is asking the Board to reaffirm the plan that
was approved in November.
A motion by Ensminaer seconded by Halsey to close the hearing on the FY15
Classification and Compensation Plans was approved on a roll call vote with all
five members voting in the affirmative
A motion by Ensminaer seconded by Halsey to approve the FY15 Classification and
Compensation Plans as Presented was aooroved on a roll call vote with all five
members voting in the affirmative
Lyme Disease Mitigation Strategy - Health Director Ruth Clay gave an overview of ticks and
Lyme Disease. She noted that 3000 cases were reported in 2010 and 5000 cases were
reported in 2012. She noted it wearing repellant with DET and using tick tubes help to ward
off ticks.
Will Finch noted that he uses tick tubes and asked if they are okay to use in the house.
Ruth Clay Indicated they are as long as there are no pets In the house.
Gina Snyder noted that there Is going to be a report on deer feeding stations and the Town
might want to consider these in the future.
Dave Mancuso noted that 3A of Lyme disease Is contracted on private property. He noted '
that RCTV will be playing a special on this.
Town Forest Committee - Public Works Director Jeff Zager noted that the committee has
been meeting diligently over the past few months.
Rick Wetzler, Chairman of the Town Forest Committee noted that public meetings were
held, they did surveys and had presentations. He noted the guidelines minimize future
conflicts and will protect the Town Jewel.
John Arena asked if the Boy Scouts and dog walkers have approved and it was noted they
attended the meetings and had no objections. John Arena Indicated they might want to
allow for removal of plants that we don't want. He also suggested defining "work" in #2
and the committee may want to rephrase #7 and #17 because one says it is closed to
vehicles and the other says to follow designated roads.
Marsle West suggested adding wording regarding harvesting of trees in #4 to make It clear.
The Board thanked the committee for all of Its hard work.
Revlew Reglonalization - School Nutrition Director - Assistant Superintendent of Schools
Mary Delai noted that we participated this past year. It was a pilot program with Wakefield
and was an Incredible success. They saw the same excellent performance and she
recommends extending the agreement for three years.
A motion by Ensming r seconded by 5exton to auorove Jhg Inter Municipal '
Agreement (attached to these minutes) between Reading Public Schools and
Wakefield Public Schools as described until June 30 2017 was approved on a roll
call vote with all five members voting in the affirmative
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Board of Selectmen Minutes - May 27 2014 - page 5
Assessors - The Town Manager noted that the agreement with Wakefield for Assessing is
good until December and working out very well.
Community Services - The Town Manager noted that Health Director Ruth Clay will be
coming In for a one year extension. Other communities are looking at Joining our regional
housing. Regionalizing Dispatch offers very little for Reading. There is a lot of Inter-local
sharing of mutual aid with DPW, Police and Fire. Reading treats its elders very good but we
need to be more organized In how we provide social services.
John Arena asked If all of the agreements are three years and the Town Manager Indicated
some but not all and mentioned that If they are more than three years then they need Town
Meeting approval.
The Town Manager noted that Melrose and Wilmington are possibilities for Veterans
services.
Approve Outdoor Dlnino for D'Amici's Bakery. 614 Main Street - John Arena noted he did a
site visit with the Town Manager, Assistant Town Manager, Town Engineer and Police Chief.
The Town Manager noted the proposal is fine and the approval will be good for one year.
A motion by Ensminger seconded by Sexton 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 dirtdust, 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.
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Board of Selectmen Minutes - May 27 2014 - pace 6
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 land 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.
The motion was approved on a roll call vote with all five members voting in the
affinnative.
ADDroye Outdoor Dining for Orange Leaf, 610 Main Street - John Arena noted he did a site
visit with the Town Manager, Assistant Town Manager, Town Engineer and Police Chief.
The Town Manager noted the proposal is fine and the approval will be good for one year.
Kevin Sexton noted that the bench deviates from the downtown design and the Town
Manager indicated they will choose something that is similar to what is downtown now.
A motion by Ensminger seconded by Halsey 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 310 —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 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.
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Board of Selectmen Minutes - May 27 2014 - page 7
4. The licensee shall be responsible for keeping the portion of the sidewalk subiect
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, subiect 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.
The motion was approved on a roll call vote with all five members voting in the
affirmative.
Discuss Selectmen's Policy on Bring Your Own Booze (BYOB) -The Town Manager noted that
an attorney in Town asked the Board of Selectmen's position on this. Years ago the Selectmen
were against this because it can't be enforced, there is no oversight and no TIPS training.
Daniel Ensminger noted that he personally would not approve of BYOB.
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Board of Selectmen Minutes - May 27 2014 - Page 8
John Halsey indicated he received a call from an attorney indicating a craft business (not a '
restaurant) was interested in this. It's a different idea for a business and it strikes him as
something to listen to.
John Arena indicated there could be unexpected consequences from this.
The Town Manager noted that in Reading, food goes with alcohol. The business that the
attorney is speaking about is open to the public not a private event. The Board created a
license for Paint and Sip to allow with food. One day liquor licenses can also be granted for
events.
Liquor Junction Request for Extension of Deadline to Fully Perform -The Town Manager noted
that construction was delayed but moving along now. John Arena noted they are looking for a
one month extension.
A motion by Ensminger seconded by Sexton that the Board of Selectmen extend the time
to fully perform to June 27. 2014 for Kamal and Kevin LLC d/b/a Liquor Junction at One
General Way was approved on a roll call vote with all five members voting in the
affirmative.
Discuss Friends and Family Day 6-14 11 am to 3 pm - The Town Manager noted that the
Selectmen can think about what they want.
Daniel Ensminger indicated he is available later in the afternoon.
Approval of Minutes
A motion by Ensminger seconded by Sexton to approve the minutes of April 15 2014
was approved on a roll call vote with all five members voting in the affirmative
A motion by Ensminger seconded by Sexton to approve the minutes of May 13 2014 as
amended was approved on a roll call vote with Ensminger, Halsey Sexton and West
voting in the affirmative and Arena abstaining.
A motion by Ensminger seconded by Halsey that the Board of Selectmen no 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 was approved on
a roll call vote with all five members voting in the affirmative
Respectfully submitted, '
Secretary
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' Inter-municipal Agreement Between
Reading Public Schools
AND
Wakefield Public Schools
This Inter-municipal Agreement dated as of this_day of May,20134 (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$60,008
$61,500 in FY2015$nnacdty, $63,100 in FY2016 and $64,700 in FY2017.
notwithstanding the provisions of Section 2,below. Equal payments e€$20;888-eaeh
shall be made three times per year due and payable on September 1,2&13 December
1, 201-3 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
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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 one-(4-)Three
(3)years commencing on July 1, 20134 and ending on June 30, 201417. The-paMes
greateref length.
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 parries hereto:
a. Preparation and administration of the School Nutrition budget;
b. Acquisition of equipment and supplies;
c. Providing input on hiving, firing, discipline, motivation,and preparation of annual
performance evaluations for cafeteria staff;
d. Day-today 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;
in. Cash control; '
n. Reporting to the Bureau of Nutrition of the Department of Elementary and
Secondary Education; and
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o. Such other related duties as maybe 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,
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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$6&,900$61 500 in FY2015 $63.100 in FY2016 and
$64.700 in FY2017 pe+-y to support the employment of the Director,nor shall [he
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
J urisdiction 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
BY:
John F.Doherty,Ed.D.
Superintendent
Duly authorized.
WAKEFIELD PUBLIC SCHOOLS
BY:
Stephen K.Zrike,Ed.D
Superintendent -
Duly authorized. '
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