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2017-05-02 Board of Selectmen Handout
DRAFT MOTIONS BOARD OF SELECTMEN MEETING MAY 29 2017 Arena, Berman, Ensminer, Friedmann, Halsey LeLacheur 5i) Move that the Board of Selectmen extend the term of the Human Relations Advisory Committee to August 30, 2017. 6a) Move to approve the minutes of April 20, 2017 as amended. 8a) Move to go into Executive Session to discuss strategy with respect to collective bargaining and approval of minutes and the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and not to reconvene in Open Session. JA BB DE AF JH 412712017 Staff I Estimated Office Hour Town Meeting April 24, 2017 Monday 6:30 Town Meeting April 27, 2017 Thursday 7:15 Hearing Town Meeting May 1,2017 Monday' 7:25 Office Hour Dan Ensminger LeLacheur 6:30 Meadowbrook - expand liquor license discussion - Public Hearing to follow LeLacheur 7:15 Hearing Fall Street Faire Committee & Rotary Club LeLacheur 7:25 Hearing Reading Garden Club & ARTS Reading Kraunelis 7:35 Climate Advisory Committee Zeek 7:45 Reading Ice Arena Liaison Report McFadden 8:00 RMLD CAB Cohen 8:15 Housing Authority Report Mulvey 8:30 Update from BOS working group - Human Rights Resolution & HRAC sunset Arena & Berman 8:45 Discuss HRAC sunset Arena 9:15 Discuss Board Liaison Assignments Arena 9:30 Executive Session To discuss strategy with respect to collective bargaining LeLacheur 9:45 Town'Meeting May 4, 2017 IThursday Boards & Committees 7:30 RCTV report 7:45 Town Forest Committee 8:00 Trails Committee 8:15 HRAC 8:30 0 Camp Rice Moody LeLacheur 7: Town Accountant Quarterly Report Angstrom 7:40 Hearing Amend FY17 Non Union Classification and Compensation Perkins 8:00 Hearing Approve FY18 Non Union Classification and Compensation Perkins 8:00 Town Personnel Policies (draft version) Perkins 8:10 Board of Selectmen Policies: Article 2 Volunteer Boards /Committees /Commissions Kraunelis 8:45 Review BOS /TM Goals LeLacheur 9:15 Community Projects (update) I LeLacheur 9:45 Boards & Committees 7:30 RCTV report 7:45 Town Forest Committee 8:00 Trails Committee 8:15 HRAC 8:30 0 8:45 Board of Selectmen Policies: Article 3 Licenses ILeLacheur 1 9:00 Office Hour 6:30 Appoint Boards & Committees VASC 7:20 Hearing Driveway curb cut waiver - 69 Hanscom Ave. 8:00 Percy Avenue: improvements on a private way LeLacheur 8:20 Council on Aging - Needs Assessment Board of Selectmen Policies: Article 1 General Operating Procedures ILeLacheur ��t Future Agendas Library Building Project update LeLacheur Review Inflow & Infiltration policy Percival Downtown Parking Segalla Recurring Items Close Warrant: Apr'17 TM by 2/28 Close Warrant: Nov '17 TM by 9/26 Review BOS /TM Goals Dec & June Semi -ann Appointments of Boards & Committees June Annual Hearing Approve Classification & Compensation June Annual Hearing Tax Classification October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual BOS Appointed Boards & Committees Annual ��t - - - -- Original Message---- - From: Percival, Ryan Sent: Tuesday, May 02, 2017 4:14 PM To: Zager, Jeff Subject: RE: [Reading MA] Oak Street MWRA project (Sent by Andrew Grimes, aw rg imesgverizon.net) Jeff, Please see the brief update below: The MWRA and its contractor Albanese D &S (ADS) have completed all of the pipe installation along Oak St., Summer Ave., Hopkins and Main St, including the installation of the meter and valve vaults located on Louanis Dr. and Leach Park. An additional drain pipe was installed on Oak St. to correct a drain line that was missed and not connected. Over the course of the project there have been progress meetings at a minimum of once a month, and special meetings have been added as needed. Coordination between the MWRA, ADS and the Town of Reading occurs weekly if not on a daily basis. Recently, there was a site meeting with the residents on April 25 regarding issues and concerns with the MWRA project and to the extent the street would be restored. At this meeting I along with the MWRA informed the residents that the road would be reclaimed and completely repaved as part of the project, and that all areas of the sidewalk which were disturbed by the project would be restored to their original condition if not better. I did inform the residents that this was not a sidewalk project and would subsequently not include the installation of new sidewalks and granite curb along the entirety of Oak St. That being said there is a section of Oak Street, between Oak Ridge and Hillcrest, where the sidewalk and granite curb will be replaced. The residents also voiced their concerns about the areas where NGrid relocated their gas main and left a temporary patch down the sidewalk. I explained that the gas company will be replacing these sections of the sidewalk and that communications are ongoing with the gas company. Discussions ensued regarding the placement and installation of the MWRA's vent pipes. The MWRA informed the residents that they need to be there per design and DEP regulations. The vent pipes have to be there to prevent air accumulating and also prevent a vacuum affect in the pipe which could cause catastrophic failure. The MWRA also address the height of the vent pipes, stating that they needed to be as high as they are so they neither become blocked by snow nor susceptible to vandalism. MWRA is going to look into a creative solution to camouflage. Following the meeting NGrid was contacted again to initiate another site walk and determine a schedule of when the sidewalk would be replaced. The Town informed NGrid that such work needs to take place prior to the repaving of Oak St. It is important to note that the Engineering and Water Division are diligently working with the MWRA, and their consultant and contractor, to ensure the Town's water system is upgraded and that the new supply transitions over smoothly. Ryan Percival, P.E. Town Engineer Town of Reading, Engineering Division 2 Schena, Paula From: LeLacheur, Bob Sent: Monday, May 01, 2017 10:45 PM To: Schena, Paula; Saunders, Caitlin Subject: Fwd: [Reading MA] HRR discussion scheduled for 5/02/17 (Sent by Richard B. Holmes, richardb.holmes @comcast.net) BOS packet Sent from my Whone Begin forwarded message: From: Contact form at Reading MA <vtsdmailerkvt- s.net> Date: May 1, 2017 at 9:42:35 PM EDT To: <selectmenkci.reading ma.us> Subject: [Reading MA] HRR discussion scheduled for 5/02/17 (Sent by Richard B. Holmes, richardb.holmes(a,comcast.net) Reply -To: <richardb.holmeskcomcast.net> Hello Board of Selectmen, Richard B. Holmes (richardb.holmeskcomcast.net) has sent you a message via your contact form (http: / /www.readingma.gov /user /475 /contact) at Reading MA. If you don't want to receive such e- mails, you can change your settings at http: / /www.readingma.gov /user /475 /edit. Message: The pros and cons of this HRR and its approval (or not) by the BoS have by now been extensively and publicly discussed in 15 letters to the editor of the DTC, published between Feb 22 and April 26. Review of these is strongly recommended prior to the May 2 meeting. About this proposal I believe that a) it would not even have surfaced had HRC not lost the election 6 months ago, which event in turn spawned the "Indivisible Movement" and its many "local groups "; b) were it to be successful, other political promotions would soon follow, with the first involving the word "sanctuary" (see Concord and Salem, recently). More divisiveness might then ensue after agitation about a (perceived) lack of "diversity ". �� J 1 �.`° There is also the question of who gets to decide just what defines such terms as "hate ", "indifference ", "intolerance ", etc. and. when so identified, just how they are to be fought and by whom. Eg, is there a sharp divide between a differing opinion and hate speech, or is it all rather a bit fuzzy and subjective? Thought police, anyone? In my 2/23 letter of opposition I noted the lack of "...any empirical research lending credence to the cited 'threat'... ". An attempt at rebuttal was made in the letter of support of 3/28, namely "...absence of data does not necessarily mean the absence of an issue ". Well, perhaps, but one has to start somewhere, so that's not the way to bet! At last, please pay special attention to the final letter of opposition, that of 4/26, which ties together all preceding such letters... RBH [5/01/17] Schena, Paula From: LeLacheur, Bob Sent: Friday, April 28, 2017 9:47 AM To: Saunders, Caitlin; Schena, Paula Subject: FW: [Reading MA] Human Rights Resolution (Sent by Arthur Hayden, artsr @ssart.com) BOS packet Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanager @ci.reading.ma.us (P) 781 - 942 -9043; (F) 781 - 942 -9037 www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED - - - -- Original Message---- - From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net] Sent: Thursday, April 27, 2017 2:20 PM To: Reading - Selectmen Subject: [Reading MA] Human Rights Resolution (Sent by Arthur Hayden, artsr @ssart.com) Hello Board of Selectmen, Arthur Hayden (artsr @ssart.com) has sent you a message via your contact form (http: / /www.readingma.gov /user /475 /contact) at Reading MA. If you don't want to receive such e- mails, you can change your settings at http: / /www.readingma.gov /user /475 /edit. Message: My name is Arthur Hayden and I live at 89 King Street in Reading. I am strongly opposed to the Board of Selectmen adopting any so called "Human Rights Resolution ". I find it offensive to think that anyone in Reading would think that such a resolution was necessary considering all the laws and regulations already in place. The implication is that Reading and it's residents need to be told how think and behave. There are always individual exceptions but the adoption of any resolution of this nature is insulting. NEW Schena, Paula From: LeLacheur, Bob Sent: Saturday, April 29, 2017 8:06 AM To: Schena, Paula; Saunders, Caitlin Subject: Fwd: Override survey BOS packet Sent from my iPhone Begin forwarded message: From: Erin Gaffen <erin ag ffenggmail.com> Date: April 28, 2017 at 10:47:04 PM EDT To: "selectmenkci.reading ma.us" <selectmenkci.reading ma.us> Subject: Override survey Greetings Mr. Arena, Mr. Berman, Mr. Ensminger, Mr. Friedmann, and Mr. Halsey, I received the agenda for your May 2 meeting and was dismayed to see that you are still not slated to discuss the next override attempt. As I know you realize, this is a lengthy and timely process. I do not personally see anything as critical to Reading right now as our immediate financial future. Listening to the economic development reports at your last meeting only made it that much clearer to me that any additional revenue our town might receive from economic growth is a long ways off. Furthermore, others and I have requested several times now for the BOS to survey residents about the next override vote. Specifically, what amount and specifics of an operational override would get more residents to the polls and /or residents who voted no in October 2016 to vote yes next time. We have repeatedly been told that a survey would be expensive and complicated. Interestingly, I noticed on Facebook this morning that the Reading Cultural Council has posted a survey link on the town website in order to gather feedback to better understand the cultural interests of the community. Recently, the Recreation Department sent out a survey to determine what residents want to see at the new Hunt Playground. In the past, I have completed surveys about the Birch Meadow recreational complex and plans for an Early Childhood Education Center. It clearly can be done and it has been done. At your last meeting on April 20, 2017, when discussing how the town will inform seniors of the applications for the senior tax relief being available in August, the town Assessor said he would do a "media campaign" to promote it. I remain confused why creating a survey regarding an override would cost money or be complicated to accomplish. Please, let's get to work on this as soon as possible. Erin Gaffen 15 Hemlock Road Commonwealth of Massachusetts DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Charles D. Baker, Governor ♦ Karya E. Polito, Lt. Governor ♦ Chrystal Komegay, Undersecretary April 24, 2017 Robert W. LeLacheur, Jr. Town Manager 16 Lowell Street Reading, Massachusetts 01867 Re: Downtown Smart Growth District Amendment — Letter of Eligibility Dear Mr. LeLacheur: I am writing regarding the Town of Reading's (Town) recent application to amend its existing Downtown Smart Growth District (DSGD). I am pleased to inform you that the Department of Housing & Community Development (Department/DHCD) has completed its review and, subject to the conditions outlined below, finds the proposed amendment in compliance with all applicable statutory and regulatory requirements and therefore eligible for adoption and final approval pursuant to Chapter 40R and 760 CMR 59.00. As illustrated in the map submitted as part of the application, the proposed amendment would extend the southeastern boundary of the existing DSGD to include several additional blocks of the Main Street corridor from Haven Street south to Goodall- Sanford Road as well as the area between that portion of Main Street and the existing district and the railroad tracks. Consistent with the Town's application and the Department's associated policy, as authorized under 760 CMR 59.06(1), DHCD considers the Town's 40R proposal to be an amendment to the existing DSGD rather than a new, separate 40R District. Based on the information provided, DHCD has determined that no scenario associated with the proposed amendment alone would bring the aggregate number of Incentive Units for the amended District to the level necessary to qualify the Town for an additional/adjusted Zoning Incentive Payment. However, presuming the Town moves forward with local adoption pursuant to 760 CMR 59.05(3) and subsequently receives a corresponding final approval pursuant to 760 CMR 59.05(4), the Town will be eligible for one or more Density Bonus Payments, as applicable, for any associated eligible Bonus Units permitted pursuant to M.G.L. c. 40R. Pursuant to 760 CMR 59.05, DHCD issues this amended Letter of Eligibility which updates, supplements and hereby incorporates the original Letter of Eligibility and Letter of Approval (enclosed). This amended Letter of Eligibility is issued with the following conditions pertaining to the proposed DSGD amendment: 1. Unless otherwise explicitly provided for in writing by the Department, final approval by DHCD is only assured to the extent the Town adopts the amendment as proposed in its application for preliminary determination of eligibility and enclosed herein. This Letter of Eligibility expires on April 24, 2020. After 100 Catnbridge Street, Suite 300 Boston, Massachusetts 02114 www.mass.gov /dhcd 617.573.1100 l� adoption of the Smart Growth Zoning amendment, the Town must submit proof of adoption to DHCD. Proof of adoption requires the submission of the following information: a) a copy of the Smart Growth Zoning amendment adopted by Town Meeting and certified by the Town Clerk; b) a copy of the amended Zoning Map adopted by Town Meeting and certified by the Town Clerk; c) a copy of the letter from the office of the Attorney General approving the amendment to the Smart Growth Zoning; d) if there were any changes to the Smart Growth Zoning amendment between the conditional approval provided for in this preliminary determination of eligibility and adoption by Town Meeting, an annotated version of the altered amendments to the Smart Growth Zoning must be submitted that clearly indicates all changes; and e) a certification by the Town Clerk that the amended Smart Growth Zoning has been published and posted pursuant to applicable law. 2. If there are substantial changes to the amended Smart Growth Zoning, DHCD may treat such submission as an amendment to the application and will notify the Town of its decision to do so in writing. DHCD must confirm its final approval within 60 days of receipt of such submission provided the amended application satisfies all the approval criteria set forth in 760 CMR 59.04(1). 3. As required for the existing District's 256 Future Zoned Units, there is no local rule, regulation, ordinance or agreement that after final approval of the proposed amendment would prevent the additional 203 Future Zoned Units from being developed under the Smart Growth Zoning. Similarly, there is no agreement that regulates the development of the proposed aggregate 459 Future Zoned Units in a manner contrary to 40R, such as limiting development within the District to one type of residential occupancy or another (e.g., homeownership rather than rental). 4. Prior to implementation, the Plan Approval Authority must obtain DHCD's written approval of any rules, regulations and guidelines or amendments thereof adopted by the Plan Approval Authority. Such rules, regulations and guidelines must also be filed with the Town Clerk. We commend the Town in this initiative to expand its Downtown Smart Growth District. If you have any questions, please do not hesitate to contact Bill Reyelt at 617.573.1355 or william.revelt @state.ma.us. Sincerely, Chrystal megay Undersecretary cc: John R. Halsey, Chairman, Board of Selectmen (i Schena, Paula From: LeLacheur, Bob Sent: Friday, April 28, 2017 9:45 AM To: Saunders, Caitlin; Schena, Paula Subject: FW: Annual filing - CTV Form 200,300 and Verizon New England's condensed Financial Statement Attachments: Form 200, 300 and consolidated financial statements 2016.PDF BOS packet Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaaer(oci. reading. ma. us (P) 781 - 942 -9043; (F) 781 - 942 -9037 www.readinama.gov Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: jill.m.reddish(a)verizon.com [mailto:jill.m.reddish @ verizon.com] Sent: Friday, April 28, 2017 9:39 AM To: iill.m.reddishOverizon.com Subject: Annual filing - CTV Form 200, 300 and Verizon New England's condensed Financial Statement Dear Municipal Official, Pursuant to M.G.L. c. 166A, § 8, Verizon New England Inc. ( "Verizon New England ") is required to file with the Department of Telecommunications and Cable Television and Issuing Authorities CTV Form 200 and CTV Form 400. Also included is a copy of Verizon New England's Condensed Financial Statements for 2016, including a Statement of Operations and Balance Sheets for 2016. Sincerely, Jill Reddish FiOS TV- Sr. Staff Consultant Franchise Management - NE 617 342 0558 V � 1 Verizon New England Inc. As of December 31, 2016 d for the year then ended With Financial Statements Certification i n� Verizon Now England Inc. Index to Condensed Flnunclal Statements M Condenscd Financial Statements; Ca6fication .. ............ . ........... ...... ................................................ Condensed Statement of OpcMions and Compmhengive Lm Forthe year crukd Dccmber 31, 2016 ...................... .............. ................ ...... . ..... _ ................... Verizon Now England Inc. I hereby certify that I have examined this report and that all statements of fact contained therein are true, complete, and correct to the best of my knowledge, and that nothing material has occurred that would require further explanation. Tracy Krause Printed Name of Signer Signature Peter Kwan Printed Name orSigner Controller - Verizon New England Inc. Title Executive Director Corporate Accounting, Venzon CommunLc�ations Inc. TMQ Dale Signed Verizon New England Inc. WOW 111 DR il;; (dollars in millions) Year Ended December 31. 2016 Operating Revenues S 2,287 ta. = M Cost of services and sales (exclusive of items shown below) 1,100 Selling, general and administrative expense 929 Depreciation and amortization expense 416 Total Operating Expenses 2,444 Operating Loss (157) Early debt redemption costs (46) Interest expense (to Loss Before Benefit for Income Taxes (219) Income tax benefit 95 Not Loss and Comprehensive Loss S �1t� Verizon New England Inc. CONDENSED BALANCE SHEET (Unaudited) (dollars in millions) At December 31 2016 Assets Current assets Accounts receivable: Trade and other, net of allowances for uncollectibles of $ I O S 207 Affiliates 279 Prepaid expenses 4 Deferred charges and other 20 Total current assets 510 Plant, property and equipment 12,548 Less accumulated depreciation 9,746 3,802 Intangible assets, net 6 Other assets 153 Total assets S 4.471 Liabilities and 5harcowner's Investment Current liabilities Debt maturing within one year: Notes payable to affiliate S 68 Accounts payable and accrued liabilities: Affiliates 364 Other 188 Other current liabilities 87 Total current liabilities 707 Long. -term debt 176 Employee benefit obligations 2,888 Deferred income taxes 40 Other ?7 Shareowncr's investment Common stock (one share, without par value) 1 Contributed capital 1,974 Accumulated deficit (1,3921 Total sharcowner's investment 583 Total liabilities and shareowner's investment S 4.471 CTV FORM 200 FINANCIAL BALANCE SHEET Reporting Entity: Verizon New England Inc. Current Franchises Served: 114 Year Year Ending: December 31, 2016 2017 See attached Verizon New England Inc., Condensed Financial Statements. ASSETS Current Assets 200 Cash and Equivalents 210 Accounts Receivable, Less Allowances 220 Inventory 230 Prepaid Expenses 240 Other Current Assets 250 Total Current Assets Fixed Operating Assets 260 Land 270 Buildings 280 Headend Equipment 290 Trunk and Distribution Equipment 300 Subscriber Devices 310 Other Fixed Operating Assets 320 Construction Work in Progress 330 Total Fixed Operating Assets 340 Accumulated Depreciation Net Fixed Operating Assets Other Operating Assets 350 Franchise Acquisition Costs 360 Excess Fair Value 370 Goodwill 380 Other Intangible Assets 390 Total Other Assets 400 Accumulated Amortization Net Other Assets 410 Total Net Assets Attachment C Page 1 of 2 Prior Year 2016 CTV FORM 200 FINANCIAL BALANCE SHEET Reporting Entity: Verizon New England, Inc Current Franchises Served: 114 Year Year Ending: December 31, 2016 2017 Attachment C Page 2 of 2 Prior Year 2016 See attached Verizon New England Inc., Condensed Financial Statements. LIABILITIES AND OWNER'S EQUITY Current Liabilities 420 Accounts Payable 430 Subscriber Advance Payments and Deposits 440 Debt Due within One Year 450 Current Taxes Payable 460 Other Current Liabilities 470 Total Current Liabilities Non Current Liabilities 480 Long -Term Debt 490 Notes Payable 500 Bonds Payable 510 Obligation on Capitalized Leases 520 Deferred Taxes 530 Other Non Current Liabilities 540 Total Non Current Liabilities Owner's Equity 550 Net Assets due from/to Parent Company 560 Capital Stock 570 Retained Earnings - Gross 580 Accumulated Dividends 590 Other 600 Total Owner's Equity 610 Total Liabilities and Equities ��i CTV FORM 400 STATEMENT OF OWNERSHIP Please provide the following information for each Issuing Authority. Note that communities served by the same legal entity may be aggregated. (1) (a) The full legal name of the cable operator's legal entity (corporation or partnership) holding the cable television license. Name: Verizon New England Inc. (b) If applicable, the d /b /a or generally used name of the legal entity within the Issuing Authority's community. Name: Not Applicable (2) The full legal name of the ultimate parent entity/ies which own(s) the corporation or partnership holding the cable license. Name: Verizon Communications Inc. (3) The regional office(s) managing the cable licenses in Massachusetts: Name: Franchise Management Street Address: 125 High Street Municipality, Boston, MA 02110 Contact Person: Jill M. Reddish Contact Person's Title: Senior Staff Consultant - FiOS TV Contact Person's Telephone Number: 617 - 342 -0558 (4) The corporate office of the ultimate parent entity: Name: Street Address: Municipality, State & Zip Code: Contact Person Verizon Communications Inc. 140 West St, & Floor, New York, NY USA 10007 Monica Azare Contact Person's Title: Vice President and Deputy General Counsel Contact Person's Telephone Number: (212) 519 -4715 4/30/17 MINUTES OF PROCLAMATION SUBGROUP March 6, 2017 Start Time: 7:35 Attendees: K. Mercurio, G. McCormick, J. Arena, B. Berman; D. Tseckares- Restuccia (absent) Teresa Wiggins Gary & Linda Phillips Topics: Introductions All members introduced themselves. Back -story on the original proposal was introduced- Genesis was ,D�� °mber m—e p where a speaker made the proposal for such a resolution. '5 -6 �. �oe, smien foIIowe wording, which then was shared on Facebook (Reading Par . s Network) which then signatories to the agreement. Group had been monitoring other cities (Woburn, Wakefield, or threats were known. Issues surrounding verbal or written classes of individuals. Desired outcome of proclamation is to put fo How do we specify what is good behavior vs. Can we talk about positives vs. a a1 s Kaitlin: need to conde e = — so need Gina: Did not take tightly no to limit sp of H RAC Mctedspecific the ) where public issues of abuse certain individual citizens or statement W out `unacceptable behaviors' r `; o we define hate? ,iclude some `negatives' — was not what we were doing. How do we get to a 5 -0 sup .,te r does this have to be a proclamation of the BOS, or is it thought of as committees a' ating support of another group's resolution.- How do we rep, s "narun senti z s. other subgroups Discussi . f alternative co factions of a statement Group ou e OK with a re l . ion of the original statement, OR Group would with an i ependent statement by the board that is complementary but would be crafted separa y How do we make the rasing more inclusive? Outside parties might perceive the language as inhibiting vs. supporti e Proposed next meeting is Thursday 3/9 — John will ask for Paula to post Meeting Adjourned 9:40 PM S( MINUTES OF PROCLAMATION SUBGROUP March 9, 2017 Start Time: Attendees: K. Mercurio, G. McCormick, J. Arena, B. Berman; D. Tseckares - Restuccia L. Phillps, G. Phillips Topics: Review where we left off Group did a lot of thinking about what changes it would accom `date in` statement. Gina and Kaitlin introduced a March 9 version of a Reading Rights <e olution which was reduced to 4 paragraphs and is attached. This versio ., r developed.^ in our March 6th meeting. Discussion followed around sections of the text th kg elie °'� , to be problematic. Discussion followed. Barry spoke of protecting the most vulnerable citizens by a s� up action. Gary spoke of adjusting the list of p list, vs. what State Law dictates. Kaitlin and Gina spoke to whether the BOS left to its own efforts. Kaitlin mentioned thi ocumen ould be ste followed. to reflect a ersity of opinion on that consi to develop its own statement if ere step 2 would be discussion that John said that in his opiri` e documen as written would likely not receive 5 votes of approval fro e BOS. T o say that there are good ideas however certain construe a t .a pro lected officials to proclaim. B aid its import a o exam'ie what the Board's leadership role is in the community on t s es acknowle ng that such actions are outside of our normal activities. Given the turbul V es is it ap opriate for people to expect their Focal leaders to affirm basic principles. Gina said its h s derstanding that the 2 members of the BOS are not comfortable adopting the March 9, 20 version resolution, because its not written in the Board's voice and that it's the opinion of the BOS that condemning words and acts would be abridging someone else's 1St amendment rights. Town Counsel has not read or offered an opinion on the resolution. Gina asked if there were other portions of the document that were problematic. D �2, John and Barry suggested that it might be appropriate for the subject matter of the March 9 document to be discussed by the full board in a workshop and a suitable proposal developed, if any. The drafters of the March 9 Resolution would like Town Counsel opinion of the document. Demetra said that she thought that the Board as it stands right now needs -l',' o some soul searching around these issues. Meeting Adjourned: 5 -0 at 9:28 0 l'j 57,3 Human Rights Resolution WHEREAS, The strength of our nation is derived from its history of diversity that has enriched our communities with a variety of cultures, faith traditions and viewpoints, and WHEREAS, Reading residents are committed to upholding human rights that ensure the well -being of all the people in our community, and WHEREAS, our community believes in this nation's bedrock principles of equal opportunity and equal protection of the law, and WHEREAS, our community believes in this nation's founding principle of religious freedom, and WHEREAS, our town was founded by immigrants and our own histories are shaped by the immigrant experience. We will continue to welcome new neighbors here wherever they may come here from, then be it RESOLVED, The town of Reading welcomes and embraces all who live here, work here, are educated here, worship here, and visit here regardless of gender, race, color, religion, national origin, sexual orientation, gender identity, or disability; and be it FURTHER RESOLVED, That our town's elected and public safety officials will continue to build trust with everyone in our community and will continue to work to ensure the safety and well -being of every person within our community; and, be it FURTHER RESOLVED, That we condemn and reject all words and acts of hate, indifference and intolerance that undermine our neighborhoods, communities of faith, and our schools, and thwart the promise of equal justice; and, be it FURTHER RESOLVED, That we believe in the basic tenets of our political process. We argue, we campaign, we debate vigorously within Reading, but on the fundamental human rights protections discussed herein we are entirely and enthusiastically united. We will fight discrimination and intolerance in all its forms. We are one town. And we will move forward together. iyares and. Harrington m_,P Thotu: <.l. 14, rringirnt 1(1n Ili e M, iN]oIrift March 3, 2017 Bob LeLacheur Town of Reading 16 Lowell Street Reading, MA 01867 -2674 Re: Human Rights Resolution Dear Bob: A luic;tc r baw firm in the! public intol' st, Rebulwh Laoey Cvr a G&I-;s Vrio(t Blake 1�aric Iteusilc \ k -,)v e 6�r,- I have reviewed the "Human Rights Resolution" presented to the Board of Selectmen recently and offer the following comments: (1) Some of the Selectmen have asked about the legal significance of the Board's adoption of the Resolution. In my view, the Resolution does not establish any binding provisions governing Town government (for example, in contrast to a regulation); any policies that would bind the Town in the absence of contrary indications; or even any guidelines for future action. Rather, the Resolution should be understood as aspirational, rather than prescriptive. (2) The fact that this is a statement of aspirations, however, does not mean that it has no legal significance. As the Town's Chief Executive Office, the Board necessarily sets the tone for the conduct of Town affairs. A Resolution such as is proposed should therefore be crafted carefully both to recognize the "facts on the ground" and to state clearly the principles that the Selectmen are endorsing for the future. (3) Notwithstanding the Board's role as Chief Executive Office, its authority is not unlimited. 'The Board, for example, has no direct authority over other elected officials of the Town. Nor does the Board directly supervise public safety or other Town employees. (4) Of particular concern is the sentence in the Resolution that purports to "condemn and reject all words... of hate, indifference and intolerance." Rather than a statement of human rights, this sentence appears to be intended to chill the exercise of free expression, one of the rights protected by the First Amendment of the U.S. Constitution. 10 C�ruvc� ttc�ei'. Smile 190 • Wefl n ,' MA 02482 1 'Lol: G17. -48i ).1(iOO 1 i!'a3x: (t17.489.16 10 1 �, �wt�.mtytucs_hrtrritt�t.on.cotit MiyareH cants 1 arrzng;ton i -aj -:p Bob LeLacheur March 3, 2017 Page 2 of 2 Based on the foregoing, I suggest that the Board review the Resolution carefully before endorsing it, either in its current form or after amendment. If you have any questions or concerns regarding these comments, please feel free to contact me. Sincerely, J. Raymond Miyares s�� Reading Human Rights Resolution March 9, 2017 V er si on Gina McCormick — Kai tl i n Mercurio — Demetra Tseckares- Restucci a — Amy Cole— Kate Goldlust The strength of our town and nation is derived from the history of diversity that has enriched our communities with avariety of cultures, faith traditions and viewpoints. Reading is a community that bel i eves i n and def ends thi s nati on' s bedrock pri nci pl es of equal opportuni ty, equal protecti on of the I aw and religious freedom. Asa community, we wel come and embrace al I who I i ve h��; o k here, study here, worship here, and visit here regardless of gender, race, color, religion, national origin, sexual orientation, gender identity, or disability. Wevigorously uphold human rights, rethewelI- being. b and safety of al I i n our communi ty. We al so recogni ze that our own hi ston es are shaped y the i mmi g rant '� W� W e do I this not experience and we welcome new neighbors here wherever they may come here eft because we have to but because it i s who we are and what we v ue.�� Whi I e we cannot and wi I I not ad ter or abri dge the ri ghts, prot inns, and pri vi I eges secur ate and federal I aw i ncl udi ng the consti tuti onad protecti ons of f ree hand bl y, we wi I I st up to those who woul d seek to undermi ne the bel i of s in human rights I d dear. e wi I I condemn t ose words and acts of hate, i ndi fference and i ntol erance that under ine M pig bnrh s, communitiesof faith, and schools. An attack on one wi I I be vi ewed as an attack on Wewill work with public safety and educatio Ffn icialsto continue o t d t ast with everyone in our community, and we re -affirm our commitm the safety and being of every person within the Reading community. We bel i eve i n the basi c tenets of our pol i ti cal pr a argue -1 . campaign, gn, we debate passionately; but on the f undamental human ri hts protections ssed herei. > , we are enti rel y and enthusi asti cal I y united. Wewill fight discrimi,. r a' d intoleran ad its forms. Weaffirm to Tin town that no matter what occurs aroun , s, wear e town. We ` e Readi ng. sA � Miyares and HarringtonLLP J. 11 ;1V111011el TI) oil ta> ,J. ( {:;rrin tots Gllvi�tophol- 11- - 101111ie M. Alerrill April 20, 2017 Robert W. LeLacheur, Jr. Town Manager, Town of Reading _ -16 Lowell Street,- Reading, NIA. 01867 Dear Bob: A pn ote 1,M, hrm ill the public interest R0.boknh i,:u:•cy Ivria CI!its Pl cd Eric. Roust.. 1 Hake N.J. i'le =n"Zin" You have indicated that the Town has received a second "revised" version of a "Human Rights Resolution," and have requested an opinion regarding the draft Resolution. I have reviewed the second draft and offer the following comments: (1) As I noted in my prior letter to you on.March 3, the Resolution, in my view, does not establish any binding provisions governing Town government (for example, in contrast to a regulation); any policies that would bind the Town in the absence of contrary indications; or even any guidelines for future action. Rather, the Resolution, like the earlier draft, should be understood as aspirational, rather than prescriptive. (2) The fact that this is a statement of aspirations, however, does not mean that it has no legal significance. As the Town's Chief Executive Office, the Board necessarily sets the tone for the conduct of Town: affairs. A Resolution such as is proposed should therefore be crafted carefully both to recognize the "facts on the ground" and to state clearly the principles that the Selectmen are endorsing for the future. (3) Notwithstanding the Board's role as Chief Executive Office, its authority is not unlimited. The Board, for example, has no direct authority over other elected officials of the Town. Nor does the Board directly supervise public safety or other Town employees. (4) A particular concern highlighted in my March 3 letter was the sentence in the Resolution that purports to "condemn and reject all words ... of hate, . indifference and intolerance." As I noted, this sentence does not appear to be a statement of human rights and, instead, seem to be intended to chill the exercise of free expression, one of the rights protected by the First Amendment of the U.S. Constitution. I() (Irove'Str '-.t. • titbit 190 • 1- ellol -d =.v. N'IA 02 4,62 1 Td: 61.7.,189.160 0 1 1, ax: 617.489A.G:30 I kyww. ill ivures- hm•rin�l.a��7i� Miyares and Harrinuton zLP Robert W. LeLacheur, Jr. April 20, 2017 - Page 2 of 2 Apparently in response to this concern, the Proclamation Subgroup added a sentence to the second draft, stating that "While we cannot and will not alter or abridge the rights, protections, and privileges secured by state and federal law including the constitutional protections of free speech and assembly, we will stand up to those who would seek to undermine the beliefs in human rights we hold dear." This sentence, however, does not alter the nature of the Resolution, which still condemns private speech that the Proclamation Subgroup has deemed to be undesirable. The Board should_ carefully. consider. the role that it would be assuming in expressing a preference for or against protected speech. If you have any questions or concerns regarding these comments, please feel free to contact me. Sincerely, 1 J. Raymond Miyares DO, �lq Human Relations Advisory Committee I Reading MA Discover Reading Departments Additional Links Community Outreach Survey Events & Activities Facts & Figures Meeting Agendas Mission Statement News & Announcements Social Media Contact Info Phone: (781) 942 -9001 Fax: (781) 942 -9071 Address: Town Hall 16 Lowell Street Reading, MA 01867 United States See map: Google Maps http://www.readingma.gov/human-relations-advisory-committee Search a A Boards 1 Contacts E- Subscribe Find It Fast Home » Boards '. 9 Human Relations Advisory Committee Human Relations Advisory Committee Human Relations Advisory Com- mittee Mission Statement The Human Relations Advisory Committee (HRAC), an advisory group for the Reading Board of Selectmen, promotes and encourages respect for the human and civil rights of all Reading residents. HRAC sponsors outreach efforts and educational programs to foster a greater understanding and appreciation for diver- sity. The Committee works to prevent prejudice and dis- crimination on the basis of color, age, gender, religion, disability, culture, national origin, ancestry , or sexual ori- entation. HRAC is a safe place where individuals or groups may plan opportunities for intercultural interac- tions or share concerns about mistreatment. To ensure that Reading is a welcoming and vibrant community, the HRAC celebrates each individual's unique qualities. /r> ) -5, -A / C) 1 of 4 4/27/17,3:18 PM Human Relations Advisory Committee I Reading MA Meetings -When: 1st Thursday of the Month Meetings - Where: Police Station, Commu- nity Room Meetings -Time: As Posted Key Contacts Chief Mark Segalla (781) 942 -6774 2 of 4 http://www.readingma.govihuman-relations-advisory-committee News & Announcements 2017 Annual MLK Jr. Day Breakfast and Celebration to be Held on Jan 16th at RMHS 2016 Annual MLK Jr. Day Breakfast and Celebration to be Held on Jan 18th Human Relations Advisory Committee Calendar April » j S M T W. T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 All upcoming events Agendas • 2017 -04 -30 Human Relations Advisory Committee April 30, 2017 - 11:30am • 2017 -04 -06 Human Relations Advisory Committee April 6, 2017 - 7:00pm • 2017 -03 -02 Human Relations Advisory Committee March 2, 2017 - 7:00pm • 2017 -02 -21 Human Relations Advisory Committee February 21, 2017 - 7:00pm • 2017 -02 -02 Human Relations Advisory Committee February 2, 2017 - 7:00pm 4/27/17,3:18 PM Human Relations Advisory Committee I Reading MA http://www.readingma.gov/human-relations-advisory-committee View all Purpose: The Human Relations Advisory Committee shall: • Engage in outreach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; • Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; • Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, 'to the extent possible, permit the resolution of the same at the local level; and • Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community and sponsor educational programs and the celebrations of events for that purpose. * ** The Human Relations Advisory Committee has a sunset clause of June 30, 2017. * ** Committee Roster 3 of 4 4/27/17, 3:18 PM Human Relations Advisory Committee I Reading MA http://www.readingma.gov/human-relations-advisory-committee Name Affiliation Term Expires Kyung Yu 2017 Linda Snow Dockser School 2017 Heather McLean 2019 Lori Hodin 2019 David Clark Police 2019 Lynn Dornink 2018 Vacancy One BOS 2018 Town of Reading MA: 16 Lowell Street, Reading, MA 01867 (781) 942 -9001 Town Hall Hours: Mon, Wed & Thurs 7:30 am - 5:30 pm, Tues 7:30 am - 7:00 pm, Closed Friday Website Disclaimer I Virtual Towns & Schools Website I Site Map Login S�13 4 of 4 4/27/17, 3:22 PM J J ¢ O = W 00 00 Z w , cn 3�0N 0 QNd' w H J w A N � a — of d J Y F N U z ❑ x 2� N_ p O U w 0 U m N 3 w r � x c?uu4. a33 X33 3 as LaUa o Uw o W =a o ❑ F- ? r J In U Z Z U O U W —'70 a QZQ F� (pW�J�QF W O dt-Nw��,a��U U) wm❑a— En Za0 =zzQZ -jz -c W- w °�o q } U❑ w 00 —Y �.-- to U ❑ Q J U �' F- to ❑ QUl - j }Q ❑1"Z(=}t0) � xm Q ..ro o o< Z W— i w o P ?��ai °o3am? 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E- O q Z to Z q x F- w V o => d W ai (n N. 00 LL a 0 Z to d -� t0- to Z 1 A 0 z � a U� zz 0,0 } � N� ia: U z w z�= o v ae x �z �} z w j z d.d x Z w z F- ¢ O a 0 a I� z w �.F U 0 0 Z � Wakefield Human Rights Commission Policies and Procedures Purpose The mission of the Wakefield Duman Rights Commission (Commission)`is to promote the civil and human rights of all people in Wakefield. Our goal is tc reinforce positive relationships in the community and to create educational programs to foster a greater understanding and appreciation for diversity. Such educational activities help communities become more harmonious, respectful, and cohesive. Through working with other groups and agencies within our community, we will strive to eliminate prejudice and intolerance, promote mutual respect and human rights and accept individual differences. Appointments and Terms of Office of commission Members The Commission shall consist of 12 members, including nine voting members, as follows: ➢ Four appointments by the Board of Selectmen; ➢ Three appointments by the School Committee; ➢ One appointment by the Chief of Police; ➢ One student appointed by the Superintendent of Schools; and ➢ Three,ex- Officio members - Town Administrat ?r, Superintendent of Schools and Chief of Police The initial terms of office for the Board of Selectmen and School Committee appointments shall be three years for one appointment, two years for the second appointment and one year for the th}'-rd appointment. After the initial appointments, the terms of the Board of Selectmen and School Committee 'appointments shall be three years. The term of the Superintendent of Schools designee shall be for one year. The term of the Chief of Police designee shall be at the discretion of the Chief of Police, subject to the requirements of the Term Limits section of this document. Term Limits No member of the Commission shall serve more than two consecutive three -year terms. Sti'� Membership Composition The Commission shall include among its membership individuals publicly solicited and representative of the diversity of the Town of Wakefield. Residency Requirement All members of the Commission shall be Wakefield residents throughout their appointment, with the exception of the Chief of Police designee. Members of the Commission shall serve without compensation. Officers; Quorum; Meetings The Commission shall elect a Chairperson, Vice - Chairperson and Recording Secretary from among its members at the first meeting each year. The Chairperson hall preside over the Commission meetings. Five voting members sha'11 constitute a quorum for the purpose of conducting the business of the Commission and all decisions shall be by a majority vote of the Commission members present and voting. The Commission shall meet at regular intervals. Functions and Powers The Commission's powers andlduties are as follows: f 1. To enter into collaborative efforts with federal, state, town and public agencies and private organizations in order to eliminate unlawful discrimination, prejudice and intolerance in Wakefield. 2. To enter into collaborative efforts with racial, religious and ethnic groups, civic and community organizations and other community -based groups in order to promote mutual respect and human rights, accept individual differences and cultivate an atmosphere of mutual understanding and harmonious group relationships. 3. To develop and sponsor outreach efforts and educational programs devoted to carrying out the Commission's mission. 4. To provide advice concerning discrimination complaints filed with the Town of Wakefield, when such advice is requested by the Town Adminis-trator. 5. To be available, if requested, to review and make recommendations about policies, procedures, services, activities, and facilities of the departments, boards and agencies of the Town of Wakefield. 6. T provide information, referrals and voidance to individuals, public agencies, businesses, and organizations in all matters pertaining to human and civil rights. 7. To actively recruit, review and recommend prospective members of the Commission to the Board of Selectmen and School Committee. 8. To provide a written report to be included in the annual Town Report. Counsel The Town Counsel shall serve as counsel of the Commission. S��g X"'*'Are you aware of other individuals who may have been subjected to the alleged discriminatory conduct? If yes, please provide names, addresses and telephone numbers, if possible. Are you represented by a private attorney? If yes, please provide name, address and contact information: Is a court action pending? If yes, please provide a docket number and a copy of the complaint. I certify that this information provided above is correct to the best of my knowledge. Signature of complainant date Pleas attach photo copies (not originals) of any documents which may support your complaint. Send to: Town of Wakefield Office of Town Administrator Lafayette Street Wakefield, MA 01880 Attn.: Human Rights Commission please tote: that your concern /complaint will be reviewed by the Town Administrator and referred to the Human Rights Commission, if so determined, and /or will go to another Town authority (e.g. Police Department, Housing Authority etc..) when appropriate. You and the Commission will be kept abreast of the status of the complaint until resolution. hl 3/16/16 Discrimination Complaint Form Please type or print clearly in dark ink You must complete the entire form. Unclear or incomplete forms will be returned to you Make sure you enclose copies (not originals) of documents concerning your complaint Person Filing Complaint: Name _ _ Home Tel# Address Business or cell # City /Town T _ State zip code Email Person or Entity You are Lodging the Complaint About: Name Home Tel# Address —Business or cell # City /Town ____ __ State zip code You Believe You Were Discriminated Against Because of Your: Race_ Sex Sexual Orientation Gender Identity National Origin_ Color_ Age ,Disability_ Housing Religion Economic Status Other Explanation of the complaint (be as specific as possible): Please attach additional information as needed. 3/16/16 Administrative Services Boards and Committees Board of Selectmen VASC Berman, Ensminger School Committee Arena, Halsey Regional School District Arena RMLD Commissioners Ensminger RMLD CAB Ensminger Bylaw Committee Arena Finance Committee Arena, Berman Building Gemmittee Permanent Building Committee Arena, Berman RCTV Board of Directors Arena, Ensminger Cultural Council Friedmann Climate Advisory Friedmann Reading Ice Arena Authority Halsey Walkable Reading Friedmann Celebration Committee Friedmann Animal Controls Appeal Comm. Friedmann Moderator Arena Rules Committee Arena Board of Registrars Friedmann Constables Friedmann Public Services Community Services Council on Aging Ensminger, Halsey Mystic Valley Elder Services Ensminger, Halsey Board of Health Ensminger Recreation Committee Halsey Fall Care Cust. of Sold iers &Sailors Graves Ensminger Community Development CPDC Berman, Arena North Suburban Planning Council Berman Metro Area Planning Council Berman Zoning Board of Appeals Berman, Arena Historical Commission Ensminger Historical District Commission Friedmann Conservation Commission Halsey Reading Housing Authority Friedmann Public Safety Fire department Halsey Police department Halsey Human Relations Advisory Committee Arena RCASA Halsey C)/ Public Library Finance Library Trustees Berman Audit Committee Berman Retirement Board Berman Public Works Commissioners of Trust Funds Berman Board of Cemetery Trustees Berman Veterans Memorial Trust Fund Comm. Friedmann MWRA Advisory Board Halsey Trails Committee Friedmann April 2017 Town Forest Committee Friedmann C)/ 8F ROi I. Town of Reading F a Meeting Minutes 639. )NCO'0.4�� Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -04 -20 Building: Reading Public Library Address: 64 Middlesex Avenue Purpose: General Business Attendees: Members - Present: Time: 6:45 PM Location: Lower Level Conference Room Session: Open Session Version: Chairman John Halsey, Secretary Barry Berman, John Arena, Daniel Ensminger and Andrew Friedmann (remotely) Members - Not Present: Others Present: Town Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Deputy Police Chief David Clark, Deputy Fire Chief Paul Jackson, Andrew Corona, Paula Schena, Jessie Wilson, Julie Mercier, Vicky Avery, Nancy Docktor, Joe Connelly, Eric Burkhart, Erin Gaffen, Amy Cole, Stephen Crook, Kathryn Crook, Phil Rushworth Minutes Respectfully Submitted By: Secretary Topics of Discussion: Executive Session A motion by Ensminger seconded by Berman to go into Executive Session to discuss strategy with respect to collective bargaining and the Chairman declared that an open meeting may have a detrimental effect on the bargaining position of the body and to reconvene in Open Session at approximately 7:00 mm. was approved on a roll call vote with all five members voting in the affirmative. Reorganization - The Town Manager asked for nominations for Chairman of the Board of Selectmen. Daniel Ensminger placed the name of John Arena into nomination as Chairman of the Board of Selectmen. Andrew Friedmann placed the name of Barry Berman into nomination as Chairman of the Board of Selectmen. Andrew Friedmann noted he is concerned that the Board of Selectmen Policies be followed and he asked if either nominee is in their third term. The Town Manager noted that Ben Tafoya was nominated as Chairman during his third term and the Selectmen have not followed that policy for a long time. Andrew Friedmann indicated he felt Barry Berman was next in line to be Chairman. Daniel Ensminger responded that Barry Berman was not next in line, he was the Secretary and Kevin Sexton was the Vice Chairman and he is gone. Andrew Friedmann noted that the Selectmen might want to follow the Selectmen's policy until they are changed. John Halsey noted that the policy is out of date and not in use. It is. not a law it is a policy. Page 1 1 Board of Selectmen Minutes - April 20. 2017 - pace 2 A motion by Ensminger seconded by Berman to close the nominations was approved on a roll vote with all five members voting in the affirmative. On a roll call vote John Arena was appointed Chairman with Halsey, Arena, and Ensminger voting for John Arena and Friedmann and Berman voting for Barry Berman. Barry Berman asked for an affirmation vote for John Arena and Berman, Arena, Halsey and Ensminger voted in the affirmative and Friedmann was opposed. A motion by Friedmann seconded by Arena to appoint Barry Berman as Vice Chairman was approved on a roll call vote with all five members voting in the affirmative. A motion by Halsey seconded by Arena to appoint Daniel Ensminger as Secretary was approved on a roll call vote with all five members voting in the affirmative. Reports and Comments Selectmen's Liaison Reports and Comments - Daniel Ensminger noted that the forum to assess Elder Services was well attended. John Halsey noted that he attended the earlier session and approximately 40 people were in attendance. He noted that there is a dramatic increase of people over the age of 60 in Town. John Halsey also noted that he visited the Boy Scouts and delivered the Eagle Scout proclamations. He noted that Reading produces more Eagle Scouts than any other town. Barry Berman welcomed Andrew Friedmann. He noted that Kevin Sexton was a gentleman and friend and he wishes him well. He attended the Volunteer Recognition at the Senior Center and the work they do is tremendous. John Arena echoed Barry's comments regarding Kevin Sexton. Andrew Friedmann noted that he attended the Cemetery Trustees meeting and they have a few members out of action. Proclamations /Certificates of Appreciation Arbor Day - A motion by Ensminger seconded by Halsey to declare April 29, 2017 as Arbor Day in the Town of Reading was approved on a roll call vote with all five members voting in the affirmative. National Public Safety Telecommunications Week - John Arena noted that 99% of the calls go through Dispatchers. A motion by Ensminger seconded by Berman to proclaim April 9 - 15, 2017 as Public Safety Telecommunications Week was approved on a roll call vote with all five members voting in the affirmative. Head Dispatcher Vicky Avery was present to receive the proclamation. Deputy Police Chief David Clark noted that the Dispatchers are the voice of the Police and Deputy Fire Chief Paul Jackson pointed out there are many long term employees who are Dispatchers. Personnel and Appointments Board of Assessors - A motion by Ensminger seconded by Berman that the Board of Selectmen accept the recommendations of the Volunteer Appointment Subcommittee as follows: Page 1 2 Board of Selectmen Minutes - April 20, 2017 - page 3 • Mike Golden to the Board of Assessors with a term expiring June 30, 2018; • Robert Marshall to the Board of Assessors with a term expiring June 30, 2020 The motion was approved on a roll call vote with Arena, Berman, Ensminger and Halsey voting in the affirmative and Friedmann abstaining. Conservation Commission - Daniel Ensminger noted that the VASC is recommending Bob Hayes be appointed as an Associate because he is not intimately familiar with Conservation yet. John Halsey noted that he prefers to appoint him to a full voting position. Barry Berman noted that he enjoyed the discussion with Mr. Hayes but he is not familiar with the statute. He needs training and then he could move up to a full position when ready. John Halsey noted that there are a number of people on the Board who can help and we recently appointed someone with no experience. Daniel Ensminger noted that he will vote for a full position. Andrew Friedmann cautioned that the volunteer understand they regulation before voting. A motion by Halsey seconded by Ensminger that Bob Hayes be appointed to a position on the Conservation Commission with a term expiring June 30, 2018 was approved on a roll call vote with Arena, Ensminger, Halsey and Friedmann voting in the affirmative and Berman opposed. Discussion /Action Items Senior Tax Relief - Assessor Victor Santaniello was present. He reviewed the history of the Senior Tax Exemption. He noted that the surviving spouse asset limit is increased from $20,000 to $40,000 and COLA adjustments have been adopted. They have also adopted an annual COLA for the elderly tax exemption and the tax exemption has increased from $750 to $1000. To qualify for Senior Tax relief you have to be 65 or older on or before 12/31/16. Excessive assets i.e. owning a second home will disqualify you. The Board of Selectmen will determine the amount of tax relief as a function of setting the tax rate. The impact on the tax rate is approximately $81 for an average family home. Barry Berman noted this was crafted to defer to the circuit breaker. He asked if we receive 600 applications how will the Assessors handle this. Victor Santaniello noted that he has put in a request for cross training. The forms are fairly simple and August is a slow time for them. John Arena noted that they set the tax rate in November so when will they have the first view of an amount. Mr. Santaniello indicated hopefully by the end of September. Barry Berman asked at what point do we go to the higher end of 2% and John Halsey indicated when they set the tax rate. MAPC Member Report - MAPC member Steve Sadwick noted that he was not prepared to give a report tonight. Peer Community Best Practices Project Update - The Town Manager noted that 18 communities were surveyed and the low CIP communities ask for a lot of overrides. He then reviewed an analytical look at the data. Page 1 3 Board of Selectmen Minutes - April 20, 2017 - page 4 Jessie Wilson noted that we have 26 peer communities and 18 of them responded to the surveys. She noted that Reading is lagging in new growth and CIP. Barry Berman asked if the communities that were way above was due to large projects or more land and Jessie Wilson responded yes to both. She noted that the residential sector in Reading is doing better than the CIP. Our peers have higher revenue. Reading gets more revenue from residential. John Arena noted that everyone who is doing better than us is on a major thoroughfare. Jessie Wilson noted that there is no clear connection between population density and a high CIP. Many high CIP have more children age 5 - 19. Many high CIP towns have a larger percentage of population over 65. John Arena remarked about total average employment in town. He noted that people drive to other towns to work and spend their money there and then go home., Jessie Wilson noted that Reading has the lowest ranking weekly wage. John Arena noted that we don't have any companies with over 500 employees. The Town Manager reviewed education. He noted that the State sets a budget that schools must spend. High CIP towns have higher discretionary spending. SAT in Reading is high above the average. The AP test takers are low. Reading is not keeping up with peers on the student /teach ratio. They have found that the higher CIP the lower the number of kids to educate. Jessie Wilson noted that companies are moving to communities that have restaurants and shopping. CIP growth is not related to the amount of CI vacant land. Andrew Friedmann asked if there is any indication of what attracts businesses and Jessie Wilson noted that like businesses like to be near each other. Barry Berman noted that the role of the Board of Selectmen is to decide what we want to be. The community needs to have that conversation. Economic Development Update - Andrew Corona noted that retail is still a real challenge. Big retail is downsizing. In residential growth apartment delivery is equal to a 30 year high in 2017. Rent growth is cooling down. The developer for the Post Office is working on new plans because the original plan for 55 condos and 7000 sf didn't get through Mass Historic because the mass was too big. There are also plans for mixed use at 467 Main Street Sunoco and that depends on a Town Meeting vote on zoning 40R expansion. There might be a local match issue with that. Barry Berman noted that we used housing money for 30 Haven Street. Andrew Corona noted that the former Wine Shop is going to be Cafe Nero. Daniel Ensminger asked about the parking conundrum in downtown and Jean Delios noted that the parking study is 10 years old and needs to be updated. Signage is also an issue. Andrew Corona noted that the next steps will be brainstorming. Planning Updates; Town Meeting Articles - Julie Mercier reviewed the zoning Town Meeting Articles. She noted that we received a wayfinding /branding grant. She also noted that we need to create parking benefit districts as part of the new modernization act. We will need to have a revenue stream from parking so we will need money, up front to put in meters. �y 1;- Page 1 4 Board of Selectmen Minutes - April 20, 2017 - page 5 She noted that the projects that have been approved by CPDC include: Criterion, Valerie's Bridal, Perfectos and Pizza World. Pending projects include: Post Office, Doyons and subdivisions and housing projects. Affordable Housing Update; 40B "Safe Harbor" - Assistant Town Manager Jean Delios noted that we just got certified so we get a break from 40B's going back to February. Reading is at 8.49% affordable. She noted that School House Commons at St. Agnes will likely get approved. Eaton Lakeview Apartments is 160 units and they filed with the state and are waiting project eligibility. ZBA can either accept or reject this project. John Halsey asked if we can hold a joint meeting with the ZBA on this project. Jean Delios noted the two projects in play will bring us to 10.37 %. Approval of Minutes A motion by Ensminger seconded by Berman to approve the minutes of March 7, 2017 as amended was approved on a roll call vote with Halsey, Berman, Arena, and Ensminger voting in the affirmative and Friedmann abstaining. A motion by Ensminger seconded by Berman to adjourn the meeting at 10:15 p.m. was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary Page 1 5 u Reading resolution on hate speech Sarah Wunsch <swunsch @aclum.org> To: "kcmercurio @gmail.com" <kcmercurio @gmail.com> Tue, May 2, 2017 at 4:09 PM Kaitlyn, I have reviewed the Human Rights Resolution your community group submitted to the town Board of Selectmen. I understand that the Board felt the resolution would violate the First Amendment and did not proceed to vote on it. I do not believe the First Amendment prevents local officials from speaking out and condemning what they view as hateful and divisive speech. It would be a different situation if government officials took action against someone or a group based on the views they express. But certainly local governments routinely condemn attitudes and ideas they believe are harmful to a community. They have a voice and can generally express views that represent that community. There may be some limits — e.g. if they endorse a religious group. In general, we often call upon government officials to speak out critically when hateful speech is made — as a better way to respond than trying to shut down that speech, a step that would violate the First Amendment. Indeed, the ACLU itself condemns bigoted and prejudiced statements while defending the rights of the speakers. I should make clear that the ACLU makes a distinction between hate speech and hate crimes. Hate speech is protected by the First Amendment (although it can be criticized and condemned), while acts motivated by bias can be prosecuted as hate crimes. I hope this is helpful to you. I would be happy to talk to town counsel about this issue. Sarah R. Wunsch, Deputy Legal Director ACLU Foundation of Massachusetts 211 Congress St., 3rd Floor Boston, MA 02110 617 - 482 -3170, ext. 323 swunsch @aclum.org Human Rights Resolution WHEREAS, The strength of our nation is derived from its history of diversity that has enriched our communities with a variety of cultures, faith traditions and viewpoints, and WHEREAS, Reading residents are committed to upholding human rights that ensure the well -being of all the people in our community, and WHEREAS, our community believes in this nation's bedrock principles of equal opportunity and equal protection of the law, and WHEREAS, our community believes in this nation's founding principle of religious freedom, and WHEREAS, our town was founded by immigrants and our own histories are shaped by the immigrant experience. We will continue to welcome new neighbors here wherever they may come here from, then be it RESOLVED, The town of Reading welcomes and embraces all who live here, work here, are educated here, worship here, and visit here regardless of gender, race, color, religion, national origin, sexual orientation, gender identity, or disability; and be it FURTHER RESOLVED, That our town's elected and public safety officials will continue to build trust with everyone in our community and will continue to work to ensure the safety and well -being of every person within our community; and, be it FURTHER RESOLVED, That we condemn and reject all words and acts of hate, indifference and intolerance that undermine our neighborhoods, communities of faith, and our schools, and thwart the promise of equal justice; and, be it FURTHER RESOLVED, That we believe in the basic tenets of our political process. We argue, we campaign, we debate vigorously within Reading, but on the fundamental human rights protections discussed herein we are entirely and enthusiastically united. We will fight discrimination and intolerance in all its forms. We are one town. And we will move forward together. .,,,.. ' /Z�// 7 Human Rights Resolution We believe that the strength of our town and nation is derived from the history of diversity that has enriched our communities with a variety of cultures, faith traditions and viewpoints. Reading is a community that believes in and defends this nation's bedrock principles of equal opportunity, equal protection of the law and religious freedom. As a community, we welcome and embrace all who live here, work here, study here, worship here, and visit here regardless of gender, race, color, religion, national origin, sexual orientation, gender identity, or disability. We vigorously uphold human rights, and ensure the well -being and safety of all in our community. We also recognize that our own histories are shaped by the immigrant experience and we welcome new neighbors here wherever they may come here from. While we cannot and will not alter or abridge the rights, protections, and privileges secured by state and federal law including the constitutional protections of free speech and assembly, we will stand up to those who would seek to undermine the beliefs in human rights we hold dear. We will condemn those words and acts of hate and intolerance that undermine our neighborhoods, communities of faith, and schools. We will work with public safety and education officials to continue to build trust with everyone in our community, and we re -affirm our commitment to ensure the safety and well -being of every person within the Reading community. We believe in the basic tenets of our political process. We argue, we campaign, we debate passionately; but on the fundamental human rights protections discussed herein, we are entirely and enthusiastically united.