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HomeMy WebLinkAbout2016-04-19 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING APRIL 19, 2016 Halsey, Sexton, Berman, Arena, Ensminger LeLacheur 3a) Move that the Board of Selectmen proclaim April 29, 2016 as Arbor Day in the Town of Reading. 4a) Move that the Board of Selectmen appoint Francis J. Golden to the Board of Assessors with a term expiring June 30, 2019. 5a) Move that the Board of Selectmen approve the Inter - Municipal Agreement with North Reading, Saugus and Wilmington for Regional Housing Services Officer effective July 1, 2016 and expiring June 30, 2018. 5d) Move that the Board of Selectmen close the hearing on Bancroft Avenue Parking Regulations. Move to amend Article 5.2 of the Traffic and Parking Regulations by adding: parking shall be restricted by permit to those with a Reading Resident Community Access Permit Sticker, from the hours of 2:OOpm to 8:OOpm from April 1St through August 31St on any streets or parts of streets to which this Article has been applied as listed under Article 12. Move that in accordance with article 5.2, parking shall be restricted by permit to those with a Reading Resident Community Access Permit Sticker, from the hours of 2:OOpm to 8:OOpm from April 1St through August 31st Street to be amended: Bancroft Avenue Location on Street: Westerly Side from Hartshorn Street to End of Bancroft Avenue Reiulation: Article 12 Pursuant to Article: 5.2.2 6a) Move that the Board of Selectmen approve the minutes of April 5, 2016 as amended. Move to go into Executive Session to discuss strategy with respect to collective bargaining and that the Chair declare that an open meeting may have a detrimental effect on the bargaining position of the body, and to not reconvene in Open Session (roll call vote). JH KS BB DE Move that the Board of Selectmen adjourn at p.m. (5) .N ti Q Yd 01 ti W -N V m ,� •� •�, Cd O N �i O N O Ci p 0 r� ✓' Y' ✓' -cl O y TAM � O O C] . 0O • r~r O Cd N 41 m N . i 1 N O U] U O O O U] t'I V N V . N V $-1 ' 41 •Q 0 •p 41 0 S O O 0 41 O O U] :1 .� 1 t��� UJ • i+ 1 � • .1 of U1 C� C� C� o r-1 Q y Q C� U] • U +�1 • V V O S $ O O p o Q Q p O C) xy rQ+ 1 o� 0 z z 4 0 o a p 4 -1 zy 41 � 0 o 0 O O Cd U U 0 c�A O U ti - ti bb - Cd O y O Rf i-1 p N s+ A.. 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U v c� f O v Q cb �• C's Q O aS v $+ ' v � s� P4 U) vO y m p 9~ +�� 9 (f) cz LEGAL NOTICE TOWN OF.READINC To the Inhabitants of the Town of Reading: . Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on April 19, 2016 at 8:15 p.m. in the Selectmen's Meeting Room, 16 Lowell. Street, Reading, Massachusetts on: • Enact Article 5.2.2 to restrict parking by permit to those .with a Reading flesident Community Access Permit Sticker from 2:00. p.m. to 8:00 p.m. from April 1 through August 31 on streets or parts of streets listed under Article 12. • Restrict Parking on Bpnqroq..' Avenue on the westerl,� from Hartshorn Street janj end of Bancroft Avenuge, Ip,_ "Reading Resident: .Community Access Per Sticker from the hours of 0 p.m. to 8:00 p.m. from Q�l�, 1 st through August 31st" A copy of the proposed 11 �5p ment regarding this topYp�`s'; available in the Wn Manager's office, 16 Ldw' T'LL Street, Reading, MA, M` Thurs from 7:30 a.m. 1 ,6ff, p.m., Tues from 7:30'a j . 7:00 p.m. and is attacfi4".� the hearing notice ortff`,. website ' www readingma;gov �` `�• All interested parties arfHNii ed .to attend the hearibg,'i& > may submit their comment�.(id- writing or by email prter•td 6:00 p.m. on April19, 204640 towhmanager @ci reading Ma M By order of Robert W. LeLacheur Town.Manager , 4.12.16 Town of Reading, MA Hpm 11, Lulb Bancroft Parking discussion r 33 -57 S "156 =. Acres 3 7 8,706 12 905 461 - „g't`tkl 'ae .3312 �.�, .,., �:kr .€u�"��r =�y� �3�.,a. -,� t'dc,,.,..,,,.� <. �, .',�, �',�c,, s�r.� -a,4 _ a. .°•�.`a�.a�"��.�..,�..�i,,.,... ..l t O9 95 \ 77•Z4.6 v^ 2J 248 427`3`49 1 y -' 2,798' l . 27 6 '7.9 5 0 000. A 2 3 .7`151 gi - '17258 92 9°000. 27, -328 33 10.07 0000y 18.412 \ 2754 27.324 10.1 2 7x250 b. 9,9 4 a 1. 27-32 3' '24,505 '� �° x +2760. ✓'�f \ t � "-' a r� - \ r' 1t 81 $ 27 253. ., 914 \ �17 314`x'' �, �'� 107548 27 33 2 10� �,� �'',.2d`251�, ,,�� ^6914 i }y`22 ��., -,r" c 27 261 \ 14 2 13g9 V 7 � - �r z7 z5gg t a 2 •242 27 k 13 x , \ c ;; \ X914 33 X21 27 -3 'i27 62 26 ���.a ��_,r'. -� 10.830 - -.� SdN LeLacheur, Bob From: David Swyter <davidmswyter @gmail.com> Sent: Sunday, April 17, 2016 11:30 AM To: LeLacheur, Bob Subject: Re: Notice of Hearing - Bancroft Ave Parking Attachments: Photo Bancroft.png Thanks Bob, I have added to your map additional areas of existing NO PARKING, attached. I have also added to my proposed amendment; I have added the area west of Hartshorn Street on Hanscom Ave's east and west sides up to the crest of the hill where there is a blind spot where traffic meets; this at the suggestion of my neighbors who live on Hanscom Ave. The general tone from the neighbors that I have spoken with is for extending the restricted permit time from 8:00 pm to 10:00 pm when the lights are extinguished. One this is for certain, we need support from Reading PD, a little enforcement would go a long way toward improving our current situation. I assume you will have a representative from our Police Department available at Tuesdays meeting. The other issue that neighbors along Bancroft will be vocal about is that players disrespect as they change from street /work clothing to sporting clothing outside of their cars. All of this said, the complications of adding lights to the Birch Meadow ball fields will foster additional aggravation, to say nothing about the impact of additional traffic, noise and light pollution, and extended field use will have on my neighbors, my family, and our property values. Someone wins and someone loses, we were hoping for a principled conclusion, but feel our voices have not been heard. Hope this is helpful. Thanks, Dave On Sat, Apr 16, 2016 at 12:11 PM, LeLacheur, Bob <blelacheur a ci.readin r ma_us> wrote: Hi David —first, please see the map below. Shown in red, there is already no parking allowed in that section, if I understood your proposal? r&v- V L O LL .�d 0;00 N M� T, m +J L ® O Q. 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L 0) CO }' ° o _ V Co = CL ._ ®� ca °� o O Co O L � ca � C/) CU p � 0 O CU O ct Co C 4-0 m (o _0 CU L- cu ■'°� � . � Cll � CU Co Cll O-0 -0 4-1 _� a> > Cn O o 4-j O Uj a) a� o � ca V = .�-+ � -�-+ ct Co C: 7tf a' cu ca .> �( �0 ca }, Q :3 cap 70 CL Q Cll O O -C N -0 O rf 1 L J a� z �- c� f- U)U Z� �O z� LLo Qw ww J m Q J U { 9� if 41 e l comcal V!!.� July 22, 2008 VIA OVERNIGHT MAIL Board of Selectmen Reading Town Hall 116 Lowell Street Reading, MA 01867 16jr Re: Reading Formal Renewal Proposal Dear Chairman and Members of the Board: Comcast Cable Communications, Inc, 12 Tozer Road Beverly, MA 01915 (978) 927 -5700 x4409 Tel (978) 927- 2603Fax www.comcast.com N E3 c r° N w 4 Oft Comcast of. Massachusetts I, Inc. is pleased to submit this formal proposal in response to the Town of Reading's ( "Town ") Request for Proposal ( "RFP ") dated June 20, 2008 and received by Comcast on June 23, 2008. This proposal includes Comcast's response to the Town's RFP, the Cable Television Division's required Form 100 and $100 filing fee, along with copies of our proposal for the Town Manager and Town Clerk (the Town Cleric's copy is to be made available for public inspection during regular business hours at Town Hall). Also included is a proposed Cable Television Renewal License for the Town's consideration. Comcast's proposal is being filed in accordance with Federal law, 47 U.S.C. 546(b), in response to the Town's RFP. Our proposal reflects funding for Public, Educational and Governmental (PEG) Access equal to three percent (3.0 %) of gross annual subscriber revenues. (Please see definition of gross annual subscriber revenues within the enclosed proposed Renewal License provided in Part 4 of this binder). This funding shall be used for PEG Access operational expenses, including staffing, equipment purchases and facilities. We believe this proposal substantially meets the community cable related needs taking into account the costs to individual subscribers, based on the ascertainment of Reading subscribers obtained by Comcast as well as that obtained by the Town including a commissioned survey and at its -public ascertainment hearing. We have summarized our proposal in the enclosed Executive Summary.,, As you are aware, in accordance withSection 626 (b) and,(c) of the Cable Act; the Town has an obligation under the formal process to,either accept 'pr deny Comcast's'proposal within' four (4). months. During this time, Comcast is . willing -to meet with representatives of the Town, to negotiate a mutually beneficial renewal `agrdement. We would be interested in setting up a meeting schedule with you as soon as possible to achieve this goal within this four month period. Reading Formal Renewal Proposal Tilly 22, 2008 Page 2 It is Comcast's position that the existing license shall continue to remain in effect until either a renewal license is issued or a denial takes place as provided in Section 626. Sincerely, YJacM. Lyman Sr. Manager of Govenunent & Community Relations /dram Enclosures cc: Peter I. Hechenbleickner, Reading Town Manager William H. Solomon, Special Cable Counsel Catrice Williams — Massachusetts Cable Television Division Municipal Liaison Nick Leuci - Comcast Divisional Vice President of Franchising & Community Relations Tiin Murnane - Comcast Regional Vice President of Government & Community Relations The Communications Act of 1934, as amended (47 USC Sec. 546) Section 626. Renewal (a) Commencement of proceedings; public notice and participation - (1) A franchising authority may, on its own initiative during the 6 -month period which begins with the 36th month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of (A) identifying the future cable- related community needs and interests, and (B) reviewing the performance of the cable operator under the franchise during the then current franchise term. If the cable operator submits, during such 6 -month period, a written renewal notice requesting the commencement of such a proceeding, the franchising authority shall commence such a proceeding not later than 6 months after the date such notice is submitted. (2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through (g) of this section unless - (A) such a proceeding is requested by the cable operator by timely submission of such notice; or (B) such a proceeding is commenced by the franchising authority on its own initiative. (b) Submission of renewal proposals; contents; time - (1) Upon completion of a proceeding under subsection (a) of this section, a cable operator seeking renewal of a franchise may, on its own initiative or at the request of a franchising authority, submit a proposal for renewal. (2) Subject to section 544 of this title, any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system. (3) The franchising authority may establish a date by which such Proposal shall be submitted. (c) Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision - (1) Upon submittal by a cable operator of proposal to the franchising authority for the renewal of a franchise pursuant to subsection (b) of this section, the franchising authority shall provide prompt public notice of such proposal and, during the 4 -month period which begins on the date of the submission of the cable operator's proposal pursuant to subsection (b) of this section, renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with paragraph (2) to consider whether - (A) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law; (B) the quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; (C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and (D) the operator's proposal is reasonable to meet the future cable - related community needs and interests, taking into account the cost of meeting such needs and interests. (2) In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (a) of this section), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. (3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. (d) Basis for denial — Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) of this section shall be based on one or more adverse findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of this section, pursuant to the record of the proceeding under subsection (c) of this section. A franchising authority may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (c)(1)(A) of this section or on events considered under subsection (c)(1)(B) of this section in any case in which a violation of the franchise or the events considered under subsection (c)(1)(B) of this section occur after the effective date of this subchapter unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or the cable operator gives written notice of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such notice. . (e) Judicial review; grounds for relief (1) Any cable operator whose proposal for renewal has been denied by a final decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 555 of this title. (2) The court shall grant appropriate relief if the court finds that - (A) any action of the franchising authority, other than harmless error, is not in compliance with the procedural requirements of this section; or (B) in the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse fording of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection (c)(1) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c) of this section. (f) Finality of administrative decision — Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed. (g) "Franchise expiration" defined — For purposes of this section, the term "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on October 30, 1984. (h) Alternative renewal procedures — Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g) of this section. (i) Effect of renewal procedures upon action to revoke franchise for cause - Notwithstanding the provisions of subsections (a) through (h) of this section, any lawful action to revoke a cable operator's franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section. (1 COMCAST'S RESPONSE TO THE REQUEST FOR A CABLE TELEVISION RENEWAL LICENSE PROPOSAL FOR THE TOWN OF READING TABLE OF CONTENTS PART 1: EXECUTIVE SUMMARY PART 2: COMCAST Section A: Who We Are Section B: Management Team PART 3: RESPONSE TO REQUEST FOR PROPOSAL ( "RFP ") j Attaclunent A: RKM Evaluation Attachment B n626 of the Cable Act PART 4: DRAFT RENEWAL LICENSE PROPOSAL PART 5: PA RT 6: CUSTOMER ASCERTAINMENT SURVEY MASSACHUSETTS APPLICATION FORM 100 WITH EXHIBITS Exhibit A: Certificate of Authority ihn & ubscdriber Privacy Notice Exhibit B: Billing & Ternination S Exhibit C: Channel Line -up Exhibit D: Price Card Exhibit E: Map of Systein Exhibit F: Comcast's Annual Report Exhibit G: System Information Exhibit H: Corporate Family Tree Information 2006 Town of Readin — Verizon New England, Inc. Cable Television Chronology of Cable Licensing LProcess February 1, 2005: Verizon representatives meet with Town of Reading Board of Selectmen to discuss Verizon's interest in obtaining a cable license in Reading. The Board of Selectmen unanimously vote to initiate the cable licensing process. February 3, 2005: The Town sends letters to the Cable Division of the Department of Telecommunications and Energy requesting waivers and giving notice of the Town's initiation of the cable licensing process. (See Tab 1) February 16, 2005: The Cable Division issues waivers to the Town. (See Tab 2) March 18, 2005: The Town places advertisement soliciting cable television license applications. (See Tab 3) April 15, 2005: Verizon submits a cable television license application. (See Tab 4) July 12, 2005: The Town issues an Issuing Authority Report. (See Tab 5) August 9, 2005: Verizon submits proposed cable license to the Town. (See Tab 6) August 2005 — November 2005: The Town issues extensions for Verizon to submit an amended application. (See Tab 7) August 2005 — December 2005: Verizon and the Town meet for negotiation sessions. December 5, 2005: Verizon submits IAR response (amended application) to the Town. (See Tab 8) December 5, 2005: The Town places public notice for December 19 public hearing. (See Tab 9) December 9, 2005: Verizon submits proposed final license to the Town. (See Tab 10) December 19,2005: Board of Selectmen holds a public hearing. Epstein and August, LLP - Attorney Profiles Page III Attorney Peter J. Epstein is a Boston -based communications attorney, specializing in cable television and telecommunications law, primarily for municipalities. He is in the firm of Epstein & August, L.L.P. He is a graduate of George Washington University and Suffolk Law School. A member of the Massachusetts bar, he has worked with hundreds of Massachusetts and New England communities involved in various stages of the cable television regulatory process, a majority of which have involved the cable television renewal process. He has also represented communities involved in the cable television transfer process, license amendments, license compliance, right -of -way regulatory work. public, educational and governmental ( "PEG") Access matters and a number of other cable and telecommunications related matters. He has incorporated and helped develop scores of non- profit PEG Access corporations. For many years, he served as both in- house and then outside legal advisor to the City of Boston's Office of Cable Communications. He was also involved, first as its legal counsel, then as President, in the establishment of a Massachusetts chapter of the National Association of Telecommunications Officers and Advisors ( "NATOA "), which (among other things) monitors the latest developments and activities in the cable and telecommunications field for municipal officials. NATOA is active in lobbying for and against cable - related legislation and regulations, as well as filing comments with the Massachusetts Legislature and the Massachusetts Cable Television Division. He has drafted several pieces of legislation favorable to municipalities. He has also served on NATOA's Legal Affairs Committee. He speaks annually on cable and telecommunications issues at a number of conferences and seminars. He has written several articles on cable television matters, including two articles for the Communiy Television Review, as well as for the Massachusetts Municipal Association's journal. Mr. Epstein also serves as an elected official on the Brookline Board of Library Trustees, of which he has been Chairman for the past several years. http://www.epsteinandaugust.com/attorneyprofiles.html Page 1 of 2 William August, Esq. (� Bill August is a partner at Epstein & August, LLP, a law firm concentrating in the representation of municipalities in cable television and related telecommunications matters. Bill August has represented more than seventy municipalities in cable franchise renewal and cable regulatory matters and is a recognized leader in municipal cable television law. Mr. August was previously General Counsel to the Massachusetts Cable Television Division, served as the Cable Division's first municipal assistance coordinator, and was also General Counsel to Action for Children's Television. He is Legal Counsel to New England's largest access corporation, Boston Neighborhood Network (BNN) and has incorporated and represented more than fifteen non - profit access corporations. Bill is currently representing numerous municipalities in telecommunications right -of -way management proceedings and works closely with the Massachusetts Municipal Association on several cable and telecom projects. Bill is co- author of a Municipal Law Treatise chapter on Telecommunications Law and he authored law review and numerous articles on communications law. He is a frequent speaker at conferences on cable television law, telecommunications law, non - profit access corporations and for the past four years he has chaired the Massachusetts Municipal Association Annual Meeting workshop on telecommunications and cable television law. Bill is also currently a co- director of the Massachusetts Chapter of the National Association of Telecommunications Officers and Advisors. Bill is a graduate of Princeton University, A.B. '76, Phi Beta Kappa and Harvard Law School, J.D. '80. 4/18/2016 Epstein and August, LLP - Attorney Profiles Page Page 2 of 2 Epstein & August, LLP, 875 Massachusetts Avenue, Suite 31, Cambridge, MA 02139 Telephone: 617 -951 -9909 peteraa,epsteinand.p u�g st.com I billaugust a epsteinandaugust.cam The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. reserved. You may reproduce materials available at this site for http:// www. epsteinandaugust .com /attorneyprofiles.html 4/18/2016 Board - Committee - Commission - Council: Board of Selectmen Date: 2016 -04 -05 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Open Session Version: Chairman John Halsey, Vice Chairman Kevin Sexton, Secretary Barry Berman, Daniel Ensminger Members - Not Present: John Arena Others Present: Town Manager Bob LeLacheur, Police Chief Mark Segalla, Fire Chief Greg Burns, Head Dispatcher Vicky Avery, Town Counsel Ray Miyares, Executive Assistant Paula Schena, Carol McFadden, John Feudo, Kate Kaminer, Angela Binda, Jeanne Borawsky, Stephen Crook, Tim Kelley, Lyn White, Richard Robbins, Robert Scott Kajonda Minutes Respectfully Submitted By: Secretary Barry Berman Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Dan Ensminger noted that he attended a meeting with Representative Brad Jones that was called by the Climate Advisory Committee. Representative Jones noted that there is discussion on Beacon Hill re: power supply. The state has two large power sources going off line next year so the state is considering hydroelectricity from Canada and offshore windmills. Solar will not play a big. role. Canadian hydro could be expensive and windmills are 'not very effective. The Kinder Morgan pipeline was not a favorite in the room even though it is the friendliest source and clean. Unfortunately, Kinder Morgan has not treated communities very well. Barry Berman noted that he has been invited to meet with the Library Trustees to talk about fundraising for the new library. John Halsey noted that he attended the Birch Meadow Committee meeting. There are two phases being looked at. Phase 1 is the lighting and it is in process. He's guessing Phase 1 will be done before year end and the hope is to get all fields lit. Phase 2 is being worked on and that includes items such as the pavilion, plumbed bathrooms and other items in the survey that they are trying to address. Town Manager's Report - The Town Manager noted that the Reading Police were highly involved in two fast arrests last week and he congratulated all of them. He noted that a future agenda item involves the Bylaw Committee coming in to talk to the Board about recommending Bylaw changes. The Board also needs to form a Cable TV Advisory Committee to enter into negotiations with the cable companies. It will be time consuming and challenging. Page 1 1 Board of Selectmen Minutes - April 5, 2016 - oaae 2 The Town Manager noted that Dan Ensminger, John Halsey and himself have been meeting with North Reading re: MWRA. North Reading Selectmen will come here to speak with the Board and then the Reading Board of Selectmen will attend one of the North Reading Board of Selectmen meetings to discuss their MWRA hook up. This is an important project and there will be many discussions. Proclamations /Certificates of Al2preciation Reading Rockets - Snow Shovelers - A motion by Berman seconded by Sexton that the Board of Selectmen approve the Certificate of Recognition for the Reading Rockets for volunteering their time to shovel for elders was approved by a vote of 4 -0 -0. National Telecommunications Week - Chief Segalla, Chief Burns, Police Office David Clark and Head Dispatcher Vicky Avery were present. Vicky Avery noted she appreciates her position and staff and noted that both Chiefs are very supportive. A motion by Berman seconded by Ensminger that the Board of Selectmen declares April 10 - 16 as Public Safety Telecommunications Week in Reading was approved by a vote of 4 -0 -0. Discussion /Action Items Letter of Support - COA - The Town Manager noted that the Council on Aging is requesting the Board to send a letter to the state reps to increase the line item in the budget to support $10 per elder per year. A motion by Berman seconded by Sexton that the Board of Selectmen approve a letter of support for the Council on Aging and ask the Chairman to sign on the Board's behalf was approved by a vote of 4 -0 -0. Hearing - Recreation Fees - Joint Meeting with Recreation Committee - Community Services Director John Feudo, Jenna Fiorente and Recreation members Kate Kaminer, Frank Driscoll, Michael DePietro, Jeanne Borawski and Daniel Foley were present. The Recreation Committee called to order. John Halsey noted that he is a regular user of fields so he will not be part of the discussion. Frank Driscoll asked Mr. Halsey repeatedly why he participated in the field lighting talks at a previous Selectmen's meeting. John Halsey noted that was because it was a much broader discussion and he did recuse from some of the discussion. He pays for fees for field use so he will recuse himself tonight. Daniel Ensminger reminded Frank Driscoll that the whole board agreed with the priorities set for the lighting. John Halsey recommended that Frank Driscoll look at the minutes and he will see how much he had to say. In fact, he only spoke on one safety question that was brought up by the Recreation Committee. He will refrain from discussion tonight and Mr. Halsey left the room. The Secretary read the hearing notice. John Feudo noted that the fees need to remain somewhat reasonable. The goal is to cover costs but keep it reasonable. Fees were last changed in 2006 when they were increased by $7000 to $20,000. He noted that the admin /scheduling of field costs are approximately $25,000. The revolving fund pays for electricity, minor repairs and portable restrooms. The proposed increase will bring the fund up to $60,000. DPW support is $20,000; Administrative support is $25,000 and minor repairs $15,000. . GIs John Feudo noted that notable changes include in town fees increased from $10/$12 to $12/$14 per player; non - reading residents increased from $20 /hour to $30 /hour for field passes; the fee was increased from $75 /hour to $100 /hour for Collins Field; and resident Page 1 2 Board of Selectmen Minutes - Aoril 5, 2016 - page 3 fees for one time use remain the same at $10 /block of time. Another notable change is the camp and clinic field fee matrix was eliminated so he doesn't have to go out and physically count the number of people on the field. Barry Berman noted that it Kooks like the per person fee increased 10% but it's not a lot of money. John Feudo noted he applied it to last year's numbers. Barry Berman noted that there is a lot of wear and tear on the fields and asked if we could incorporate the fees to cover future costs. The Town Manager noted that is illegal because the general fund must pay for the capital. He noted that the Schools have a significant amount of money in their revolving fund but Recreation is governed by the state and they are only allowed to keep $10,000 at year end. John Feudo noted that the Recreation revolving fund turned back $124,000 last year to the general fund. John Feudo noted that the proposed fees are at the bottom of the chart and there has been no push back from organizations. Barry Berman asked if the new lights will be metered so we can charge and John Feudo noted we are working on that. Angela Binda noted that there has been discussion about revenue generation and she asked if that was something being looked at with in town costs and out of town costs or are we just trying to cover costs. The Town Manager noted that we can't pay for capital or debt but increased fees will turn money back to the general fund. Angelo Binda asked if there has been philosophical discussion regarding in towners and out of towners. John Feudo noted that philosophically the fields are for Reading first. We would never give a field to out of towners before in towners. Angela Binda asked if there is any correlation between what the town charges and what the organizations charge and John Feudo noted the he assumes they will increase their fees. A motion by Berman seconded by Ensminger that the Board of Selectmen close the hearing amending the Recreation fees was approved by a vote of 3 -0 -0 (Halsey was not present). A motion by Berman seconded by Ensminger that the Board of Selectmen approve the recommended field and facility fees as indicated in the memo from John Feudo to Bob LeLacheur dated February 29, 2016 was approved by a vote of 3 -0 -0 (Halsey was not present). The Recreation Committee adjourned. John Halsey returned to the meeting. Reading Ice Arena Report - Carl McFadden noted that he is appointed by the Board of Selectmen to be their representative on the Burbank Ice Arena Board of Directors. The original agreement was 20 years ago. The Board recently renewed for another 10 years. Mr. Burbank never wanted the arena to be a white elephant to the Town. He noted that North Reading was using the ice arena a couple of years ago but the feeling was that Reading needed more time so North Reading went elsewhere. They have $310,000 in their rainy day fund and will be turning back $50,000 to the Town this year. Over the years the Ice Arena has returned $2.3 million to the Town plus ice time. All capital items under $5,000 are paid out of the cash flow. Carl McFadden noted that in regards to succession planning if Ed's position becomes vacant , then there will be applicants from all of the other rinks who would love to come to Reading. &a,? Page 1 3 Board of Selectmen Minutes - April 5, 2016 - page 4 Barry Berman noted asked if there is a formula for returning funds to the Town and Carl McFadden noted that they will never sacrifice their rainy day fund. The payment is actually a bonus to the Town. The Town Manager noted that we should expect $0 and not work into the budget planning. He noted this is the perfect public /private partnership. John Halsey noted that the savings to the school programs is great. Citizen Advisory Board (CAB) Member Report - CAB member Dave Mancuso was present. He noted that things are going well at the Light Department and they are busy with the budget season. The CAB asked them to flip things around this year and to the operating budget before the capital budget. Ms. O'Brien is putting together a work plan. A lot of time and effort will be going into the network which will create a series of fee increases. The RMLD plans to look at distributive generation with a 2MW generator to reduce peak load and reduce costs. The RMLD will receive payments from ISO New England for this. Barry Berman asked if there is a site location for this and Dave Mancuso noted it is not a huge generator and he will get the details. It is not terribly loud but will create some noise so wherever they put it they will need to work with the neighbors. They are also continuing to work with the solar project. Daniel Ensminger noted that Representative Brad Jones came to Reading to talk. He talked about solar metering and noted that the legislature dropped the reimbursement amount. This has become a politically driven topic. With Pilgrim going offline the state is looking at offshore wind and hydropower. The RMLD has to keep abreast of these things. John Halsey noted he was surprised no RMLD employees were present at the meeting with Representative Brad Jones. Dave Mancuso noted that Salem is coming online soon and that is gas powered. Dave Mancuso noted that the RMLD is also talking about other ancillary services i.e. telecommunication and cable TV. He also noted that Comcast upgraded 6 - 10 times this year and keeping up with that would be a huge challenge for the RMLD. Security would also be a challenge. He doesn't see this being a revenue generator. Dave Mancuso noted that the Town needs to grow high end users of power into our economic development. We have the lowest electric rates. John Halsey noted that was correct but will we maintain the same costs. Dave Mancuso noted that RMLD will be like the rest of the market - up and down. He suggests the Town work closely with the RMLD. Dan Ensminger noted that North Reading is short on water but has a lot of land. Kevin Sexton noted that the new Planner should work with the RMLD. Housing Authority Report - Housing Authority Director Lyn Whyte, and Housing Authority Members Tim Kelley and Dick Robbins were present. Lyn Whyte noted that Karen Flammia retired and Dick Robbins was appointed in her place. Two of her long -term employees left and she has added a bilingual employee. They spent $80,000 on capital projects this year and they added a two bedroom unit to their program. She expects no more change over in staff and they have a larger agency assisting in maintenance. Barry Berman asked if 40B's affect the Housing Authority and Lyn Whyte noted that they have assisted in the lottery process but they don't have enough staff to run it. Barry Berman asked how they preserve affordable units and Tim Kelley noted that is managed by the Federal and State. The Housing Authority doesn't manage the percentage but the units they own count towards the Town's percentage. The Town Manager noted that our Regional Planner will be in to discuss this at the Board's next meeting. Page i 4 �� Board of Selectmen Minutes - April 5,, 2016 - page 5 John Halsey asked if the Housing Authority can help us if we get proceeds of 15 units from the 40B project. Lyn Whyte noted that she has worked with Archstone and CHAPA oversaw that project. John Halsey noted that he would feel better if the Housing Authority was involved in this. He asked if it is inappropriate for them to fund a position and Lyn Whyte noted it is not inappropriate and that most agencies have an assigned person. Hearing - Amend Traffic Rules and Regulations - Police Station Parking Lot - The Secretary read the hearing notice. Police Chief Mark Segalla noted that parking at the Police Station is a big issue so he came up with a plan and met with the residents. In 1999 they had 13 cruisers and we now have 18. In 1999 they had 37 Officers and they now have 42. In addition, they had two civilian employees in 1999 and they now have five. So, due to an increase in staffing there is a shortage of parking. When the media room is in use there is no parking either. He proposes "Police only parking" in the three spaces on Middle Street. He is asking for designated spots in the parking lot and wants to secure the entrance with a sign that says "Police entrance only." Chief Segalla noted it is not secure to have civilians walking around when they are bringing in prisoners. Barry Berman noted there should be a designated spot for the Police Chief and it was noted there is not. The Town Manager noted that when the Police Station was built it was another world. Also, the drugstore is empty now so it is a good time to do this. John Halsey noted that basically they are just adding three spots on the street. He asked how easy this will be to do and Chief Segalla noted it is mostly signage and line painting. Joyce Gould, neighbor on John Street noted that this is an old neighborhood. A lot of families are parking on the street. One neighbor suggested making the driveway one way and do angled parking. A motion by Berman seconded by Sexton that the Board of Selectmen close the hearing on Enacting Article 5.17 of the Traffic and Parking Regulations was approved by a vote of 4 -0 -0. A motion by Berman seconded by Sexton that the Board of Selectmen Enact Article 5.17 Police Vehicle Parking Only - No person shall park any vehicle in a designated Police Vehicle Parking Only on any parts of streets listed to which this Article has been applied as listed under Article 12 was approved by a vote of 4 -0- 0. A motion by Berman seconded by Ensminger that the Board of Selectmen approve designated "Police Vehicle Parking Only" at the following location: Street to be amended: Middle Street Location on Street: Westerly side for a length 73 feet between Union Street and The Police Station Driveway Regulation: Article 12 Pursuant to: Article 5.17 was approved by a vote of 4 -0 -0. A motion by Berman seconded by Ensminger that the Board of Selectmen enact Article 5.18 Police Station Parking Lot by granting the Chief of Police the authority / to regulate the parking and traffic flow in the off - street parking lot immediately !/ surrounding the Reading Police Department Station House, more specifically located on Assessor Parcel ID's 022.0- 0000 - 0079.0 and 022.0- 0000 - 0075.0. Such Page 1 5 Board of Selectmen Minutes - AAril S, 2016 - page 6 regulations shall be appropriately signed and subject to periodic review and adjustment by the Town Manager and Board of Selectmen as needed, was approved by a vote of 4 -0 -0. Continued Hearing - Amend Liquor License Policy - The Town Manager noted that the applicant came before the Board of Selectmen a couple of years ago and she now has a location. Town Counsel says the current policy is not sufficient to address this type of license. Town Counsel offers a solution in the letter dated February 23, 2016. There are 10 licenses available. Daniel Ensminger asked if the hours need to be set and Town Counsel noted that the State sets the minimum hours. John Halsey noted that the Board is creating a new category because the applicant doesn't want to serve food. Town Counsel noted that they are not creating a new category because it already exists - General on Premise. The Selectmen need to create a policy. John Halsey noted that the applicant will be operating at the Frame Shop after hours. He asked if the license is just for evening hours. Attorney Brad Latham representing Judy Barolak noted it would be for three hours during the painting. The average customers are 35 - 60 year old ladies. The hope is that they will go downtown to eat afterwards. Kevin Sexton asked how the hours would be controlled and Attorney Latham noted that the lease to occupy can restrict the hours. Town Counsel noted that the Selectmen can put the hours as a condition on the license but if the applicant changes her mind then the Selectmen have to allow because the state sets the hours. John Halsey noted that his concern is not the hours, just trying to consider if he want this type of license. Barry Berman asked how people pay for the tickets. Judy Barolak noted they will sign up ahead of time online and a bartender will serve beer and wine from a bar. Barry Berman asked if they will pay for drinks separately and July Barolak indicated yes. The Town Manager noted this is a new category for the Town and others will follow. Town Counsel noted that currently Reading only issues licenses to businesses with common victualler licenses. General on Premise licenses are typically bars so once the Board decides to issue then that is what you are doing. Barry Berman noted that there are only 10 licenses available and we need to reserve some for future development. We need to determine how we issue - is it first come first serve. If we create another category do we want to envision who we want? Daniel Ensminger asked how we raise the quota and Town Counsel noted it would need a Special Act. John Halsey asked if we issue one do we have to issue more. Town Counsel noted that it has to serve a public need. Many towns prefer their licenses go to restaurants instead of bars. The Board of Selectmen need to determine if it fills a public need, so when you make a decision then indicate in the motion that "it serves a public" need in case there are appeals in the future. The Selectmen need to make a finding each time of what the public need is i.e. they want to hold out for restaurants. John Halsey noted that the policy is out of date. When we rewrite then we should add in (iA the policy that it is our obligation to serve the public need. pL� Page 1 6 Board of Selectmen Minutes - April 5, 2016 - Daae 7 Kevin Sexton noted that none of the comments said tonight reflect on the applicant. He received a nice note from Brook Chipman supporting the applicant. Town Counsel noted that the Board needs to set the hours and fees. The consensus of the Board was to set the hours 11:00 a.m. to 11:00 p.m. Monday through Saturday and 12 noon to 11:00 p.m. on Sundays. The Board discussed fees and John Halsey noted there is a cost to the Town of providing this service. Town Counsel noted that the Board could establish a subcategory for instructional classes and set a separate fee for that. The Town Manager suggested setting the fees for four categories: General on Premise All Alcohol, General on Premise Malt and Wine, General on Premise for Instructional Classes All Alcohol and General on Premise for Instructional Classes Malt and Wine. Town Counsel recommended that the fees be equivalent to the cost to the Town. A motion by Berman seconded by Ensminger that the Board of Selectmen close the hearing on amending Section 3.2.4 of the Board of Selectmen Liauor License Policies was approved by a vote of 4 -0 -0. A motion by Berman seconded by Sexton that the Board of Selectman revise Section 3.2. of the Board of Selectmen Liquor License Policies as indicated in the memo from Town Counsel to the Town Manager dated February 23, 2016 and set the hours to be 11:00 a.m. to 11:00 p.m. Monday through Saturday and 12 noon to 11:00 p.m. on Sundays; and to set the fees as follows: • General on Premise All Alcohol - $3700 • General on Premise Malt and Wine - $2700 • General on Premise for Instructional Classes All Alcohol - $700 • and General on Premise for Instructional Classes Malt and Wine - $500 The motion was approved by a vote of 4 -0 -0. Approval of Minutes A motion by Berman seconded by Sexton to approve the minutes of March 22, 2016 as amended was approved by a vote of 3 -0 -1 with Berman abstaining. A motion by Berman seconded by Sexton to adiourn the meeting at 10:00 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary Page 1 7 3e 1,4-eGGt ✓e-�, illlq ° Reading Town Forest Committee, Progress Overview Regulations and Policies Broadscale input into formulation, including hearing Approval by Board of Selectmen Extensive posting of regulations, policy and procedures Operations & Safety Signage installed to reduce human contact with coyote population Protocols established for: Camper registration and fire control Minimizing disruption associated with dog - walking Public Education & Natural History Natural history educational plaques installed Public field trips 21s' Century, Q -R coded natural history trail & interpretive videos underway Nest boxes built for educational and conservation purposes Forest Health & Sustainable Management Inventory conducted Mass Audobon use & conservation recommendations posted Prospective consultant interviewed re: managing forest health Recreation (ongoing oversight) Hiking, dog - walking, camping, biking, cross - country skiing, picnicking Reading Town and non - profit use: Recreation, scouts Collaborations DPW, including camper access, dog waste disposal, signage, maintenance Ipswich River Watershed Association: interpretive chiosk built Boy Scouts & Reading Trails: board walks, bridges, benches, nesting boxes Grace Strohmann, Handbook on Reading's preserves Mass Department of Conservation & Recreation: bird habitat conservation 4/19/16 1967 Pop 21,188 Students 4990 School Emp 332* 2017 25,552 4,300 600+ One Employee per 15 Students One per 7.1 Public Safety 102 105 Library 11 ft 6 pt 7 pages 1 cust 8 ft 22 pt 5 pages The 1917 Town Report noted that 29 % of the whole tax rate was spent on education today we appropriate 66 % it also noted that Reading was below the State average on per pupil expenditure so nothing has changed in 100 years On a light note when the class of 2017 graduates in June of 2017 they will be the 150 t/h class to graduate from a Reading High School, the 60t /h to graduate from Reading Memorial High School and the 10t /h from the NEW building 2 which we still have ten years to pay for . To you new members that came here just for the schools remember that the pie is only so big the more you take for schools something else must get less . Board of Health Report to Board of Selection, April 19, 2016 A. Currently in Year '2 of 5 -Year Strategic Plan 1. General Accomplishments: a. Developed good working relationship with Town Manager and BoS liaison b. Hired new Health Agent (full -time) and Public Health Nurse (part -time) c. Review monthly reports from Chair, Health Agent, and Public Nurse at Board meetings 2. Specific Goals of 5 -Year Health Plan: a. Address unmet health needs of people aged 25 to 65 years. b. Become a go -to resource for health information. To achieve these goals, we: • Collaborate with other town employees and volunteers (e.g., RCSA, Recreation Department, Library, etc.) • Published article in local newspaper (additional articles in production) • Sponsored evening for board gaming (additional events in production) B. State Required and Other Responsibilities 1. Report deaths from dangerous diseases to the Department of Public Health (DPH). 2. Collect notices of school children sent home because of dangerous diseases. 3. Report food borne illness to DPH. 4. Address cases of tuberculosis and, as necessary, report to DPH. 5. Enforce housing code, as necessary. 6. Enforce the provisions of the Sanitary Code. 7. License recreational camps for children 8. Inspect each camp facility before granting a license for the upcoming year. 9. Inspect and issue annual permits to operate a swimming, wading or special purpose pools. 10. Issue permits for the operation of retail food establishments. 11. Inspect retail food establishments to enforce applicable laws. 12. Ensure that indoor air quality in indoor skating rinks are maintained. 13. Enforce compliance with lead poisoning prevention law, as necessary. 14. Remove or destroy all nuisances, sources of filth and causes of sickness, as necessary. 15. Issue, receive, and record death certificates and burial permits. 16. License funeral directors. 17. Enforce all local health regulations. 18. Issue licenses to tanning facilities, inspect tanning facilities, and enforce regulations, as applicable. 19. Issue annual report regarding Smoke -Free Workplace to the Commissioner of Public Health. 20. Regulate State Environmental Code Title V Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. Additional Comments: - Currently difficult for the public health nurse to follow HIPPA Regulations regarding privacy because she works in an open air space (e.g., cube). For example, when discussing communicable diseases and other private medical information with the DPH, the public health nurse must first find an available conference room. In order to give a vaccine, the public health nurse must find an empty office. - Increased funding for additional public health nurse hours: Currently, the public health nurse is not able to attend monthly Board of Health meetings or provide clinics for illnesses such as shingles, pneumonia, TDAP,MMR etc.