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HomeMy WebLinkAbout2017-09-05 BOS PacketTown of Reading Meeting Posting with Agenda r- 639.1NCID 90 Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -09 -05 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Time: 7:30 PM MWN Cl �PK 2411 AUG 31 A 10= 11,1 Location: Selectmen Meeting Room Agenda: Revised Meeting Called By: Brendan Sweeney on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion: 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation a. Recovery Month Proclamation (RCASA) 4) Personnel & Appointments 5) Discussion /Action Items a. Volunteer Committee Appointments b. Approve 186 Summer Avenue Historic District Preservation Restriction — Joint meeting with HDC & HC C. Discuss Board of Health d. Review Train Depot/Compost Shared Sticker e. Review Demand Fees 6) Approval of Minutes a. July 25, 2017 7) Licenses, Permits and Approvals 8) Executive Session 9) Correspondence 7:35 7:45 8:00 8:30 9:30 9:45 This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page 1 1 PROCLAMATION NATIONAL RECOVERY MONTH Whereas, behavioral health is an essential part of health and one's overall wellness; and Whereas, the Board of Selectman determined that substance use disorders were profoundly impacting the Town and our residents such that they helped establish the Reading Coalition Against Substance Abuse in 2006 to improve community collaboration and reduce substance misuse; and Whereas, prevention of mental and substance use disorders works, treatment is effective, and people recover in our area and around the nation; and Whereas, preventing and overcoming mental and substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and Whereas, we must encourage relatives and friends of people with mental and /or substance use disorders to implement preventive measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and Whereas, to help more people achieve and sustain long -term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and the Reading Coalition Against Substance Abuse invite all residents of Reading, Massachusetts to participate in our local celebration of National Recovery Month; and Now, therefore, we, The Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the month of September, 2017 as National Recovery Month in the Town of Reading and call upon the people of Reading to observe this month with appropriate programs, activities, and ceremonies to support this year's Recovery Month theme, "Join the Voices for Recovery: Strengthen Families and Communities." THE BOARD OF SELECTMEN The Commonwealth of Massachusetts August 21, 2017 William Francis Galvin, Secretary of the Commonwealth Massachusetts Historical Commission Eric B. Reustle Miyares and Harrington LLP 40 Grove St Suite 190 Wellesley MA 02482 RE: Preservation Restriction Agreement 186 -190 Summer Avenue (aka Kemp Place), Reading, Massachusetts (MHC ##REA.157, REA.158) Dear Mr. Reustle: Following up our email communications regarding the proposed preservation restriction for the Summer Avenue property in Reading, and following up on the Massachusetts Historical Commission's (MHC) previous comment letter, I am providing the following comments under the MHC's approval authority for preservation restrictions under MGL Chapter 184, Section 32. As the intent is for both the Reading Historical Commission and the Reading Historic District Commission to have roles in administering and enforcing the agreement, then the two Commissions, together as agents of the town, should accept the restrictions collectively as the Grantee, with the approval of the Selectmen. The Historic District Commission may accept the restrictions as a "governmental body" under M.G.L. c.184, s.32; the approval of the Selectmen will confirm the HDC's designation under M.G.L. c.40C, s.I0(h), as the town's agent together with the Historical Commission. A majority of the members of both the Historical Commission and Historic District Commission should be signatories accepting the restrictions; a majority of the Selectmen should be signatories in approving the agreement. The agreement may then, as it presently does, designate the Historic District Commission's role in administering the agreement. Notices by Grantor to HDC should be copied to the Historical Commission, and written approval by HDC should also be copied to the Historical Commission. inspection should be by Grantee (HC/HDC), or its designated representative; enforcement should be by Grantee (HC and HDC together). The following are recommended changes in language in the draft submitted to MHC by Epsilon Associates with their June 29, 2017 letter. 1) Title "Preservation Restriction Agreement between the Town of Reading by and through the Reading Historical Commission and the Reading Historic District Commission, and Criterion Child Enrichment, Inc. 2) Opening statement revise to: "by and through its agents the Reading Historical Commission acting pursuant to M.G.L. c.40, SBD, hereinafter referred to as the "Historical Commission ", and the Reading Historic District Commission, acting pursuant to M.G.L. c.40C, § 10(h), hereinafter referred to as the "Historic District Commission" (the Historical Commission and Historic District Commission hereinafter together the "Grantee"),. both with offices located at —" 3) Recital 6. Revise "the Historical Commission is authorized" to "the Grantee is authorized ". 4) Recital 7. Revise "the Reading Historic District Commission (the "Historic District Commission ") " to "the Historic District Commission ". 220 Morrissey Boulevard, Boston, Massachusetts 02125 (617) 727 -8470 a Fax: (617) 727 -5128 www.see.state.ma.us /mhc \� 'U 5) Conveyance Statement. Revise "to the Historical Commission" to "to the Grantee ". 6) Paragraph 1. Line 1. Revise "Historical Commission's permission" to "Grantee's permission ". 7) Paragraph 2. Lines 5 -6. Revise "the Historical Commission and the Historic District Commission" to "the Grantee ". 8) Paragraph 3. Lines 1 -2. Revise "the Historical Commission and the Historic District Commission" to "the Grantee or its designated representative ", 9) Paragraph 4(d). Revise "reported to the Historic District Commission" to "reported to the Grantee ". 10) Paragraph 6, Last sentence. Revise "The Historic District Commission" shall bear all costs" to "Grantee shall bear all costs ". 11) Paragraph 8. Line 2 -3. Revise to "...Grantor shall send written notice thereof to the Historic District Commission, with a copy to the Historical Commission, by certified mail..." 12) Paragraph 8. Revise to "...the Historic District Commission shall, in writing, grant or withhold its approval, and shall provide a copy of said written approval or withheld approval to the Historical Commission." 13) Paragraph 10(A). Replace "Historical Commission" with "Grantee" (two instances)." 14) Paragraph 10(B). Replace "Historical Commission and the Historic District Commission" with "Grantee ". 15) Paragraph 10(C). Replace "Historical Commission" with "Grantee ". 16) Paragraph 10(D). Replace "Historical Commission" with "Grantee ". 17) Paragraph 15. Replace "Historical Commission" with "Grantee ". Some additional revisions will likely be need to the language provided by MHC in its comment letter of July 12 to Epsilon Associates to reflect roles of the Commissions separately and together. If this approach is acceptable to the town and the Grantor, then submission to MHC of a revised draft of the agreement incorporating these comments and MHC's July 12 comments would be the next step. Please don't hesitate to contact me with any question regarding the comments included in this letter. $ cer ly, Michael Steinitz Deputy State Historic Preservation Officer Director, Preservation Planning Division Massachusetts Historical Commission Xc: (by email) Law Office of Kenneth N. Margolin, P.C. ; Brian Lever, Epsilon Associates. 5ba PRESERVATION RESTRICTION AGREEMENT between the TOWN OF READING and Criterion Child Enrichment, Inc. The parties to this Agreement are the Town of Reading, by and through the Reading Historical Commission acting pursuant to M G.L. c.40, §81), with offices located at 16 Lowell Street, Reading, Massachusetts 01867, hereafter referred to as the Historical Commission or the Grantee, and Criterion Child Enrichment, Inc., a Massachusetts nonprofit, tax exempt corporation, with its principal offices at 321 Fortune Boulevard, Milford, Massachusetts 01757, hereafter referred to as the Grantor. WHEREAS, the Grantor is owner in fee simple of certain real property located at 186 -190 Summer Avenue, in the Town of Reading, Middlesex County, Massachusetts (hereinafter referred to as the "Premises "), being that property conveyed by Deborah Shontz- Stackpole, of Reading, MA to Criterion Child Enrichment, Inc. in a deed dated November 15, 2016 and recorded on November 18, 2016 with the Middlesex South County Registry of Deeds, Book 68436, Pages 568 -569, said Property which is improved by and includes two buildings known as the House and the Barn (the "Buildings" and, collectively with the land, the "Premises ") being more particularly described in the Legal Description, attached hereto and incorporated herein by this reference as Exhibit A, and shown on an plan entitled "Plan of Land located in Reading Massachusetts," prepared by Sullivan Engineering Group LLC, dated October 9, 2014 and recorded with the Middlesex South Registry of Deeds as Plan No. 910 of 2016, attached hereto and incorporated herein by this reference as Exhibit B, said Property including the following buildings (hereinafter referred to as the "Buildings "); WHEREAS, the Buildings, known as "Kemp Place," were built in 1853 for Robert "Father" Kemp and placed on the National Register of Historic Places in 1984, and are considered to be one of Reading's finest examples of Italianate architecture including a house and barn described in detail in Massachusetts Historical Commission inventory forms attached hereto and incorporated herein by this reference as Exhibit C and shown in a series of thirteen Baseline Photographs dated May 2017 attached hereto and 503 incorporated herein by this reference as Exhibit D; WHEREAS, the Grantor wishes to impose certain restrictions, obligations and duties upon it as the owner of the Premises and on the successors to its right, title and interest therein, with respect to maintenance, protection, and preservation of the Premises in order to protect the architectural and historical integrity thereof, and WHEREAS, the preservation of the Premises is important to the public for the enjoyment and appreciation of its architectural and historical heritage and will serve the public interest in a manner consistent with the purposes of MG.L. c.184, s. 31, 32 and 33 hereinafter referred to as the Act; WHEREAS, the Grantor submitted an application to the Town of Reading Historic District Commission, for preservation and renovation of the Premises, which application resulted in a Final Decision of the Historic District Commission that incorporated a Final Decision by the Town of Reading Community Planning and Development Commission (collectively, the "Decision "). The Decision was filed with the Town of Reading Town Clerk on February 4, 2016 (a copy of the Decision is attached hereto as Exhibit G, and incorporated herein by this reference); WHEREAS, the Historical Commission is authorized to accept preservation restrictions under the Act; and accepts certain obligations and responsibilities with respect to these restrictions, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor conveys to the Historical Commission the following preservation restrictions, which shall apply in perpetuity to the exterior of the Buildings and Premises. These preservation restrictions are set forth so as to ensure the preservation of those exterior characteristics which contribute to the architectural and historical integrity of the Premises, as set forth in this Preservation Restriction Agreement. Characteristics that contribute to the exterior architectural and historical integrity of the Premises include the artifacts, features, materials, appearance, and workmanship of the Premises, including those exterior characteristics that originally 2 t�a� qualified the Premises for listing in the National and /or State Registers of Historic Places. This Preservation Restriction shall not apply to changes to the interior of the Premises that do not harm the structural integrity of the Building and do not affect the characteristics that contribute to the architectural, archeological, or historical integrity of the exterior of the Premises. The terms of the Preservation Restriction are as follows: 1. Completion of the Work Covered by the Decision: The Historical Commission's permission shall not be required for the completion of work determined to be a minor change in conformance with the Restrictions Guidelines referenced as Exhibit attached hereto and incorporated herein by this reference. 2. Maintenance of Premises: The Grantor agrees to assume the total cost of continued maintenance, repair and administration of the Premises so as to preserve the exterior characteristics which contribute to the architectural and historical integrity of the Premises in a manner consistent with the Decision and in a manner satisfactory to the Historical Commission according to "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (36 CFR 67 and 68) (hereinafter the "Secretary's Standards ")." The Grantor may seek financial assistance from any source available to it. The Historical Commission assumes no obligation for maintaining, repairing or administering the Premises. 3. Inspection: The Grantor agrees that the Historical Commission may inspect the Premises from time to time upon reasonable notice to determine whether the Grantor is in compliance with the terms of this Agreement. Any such inspection shall be conducted at a mutually agreeable time that does not interfere with the Grantor's operations. 5b5 4. Alterations: The Grantor agrees that no alterations shall be made to the exterior of the Buildings by the Grantor unless such alterations are: (a) clearly of minor nature and do not affect the characteristics which contribute to the architectural or historical integrity of the Premises; (b) in case of alterations that are more than minor or do not constitute ordinary maintenance and repair, determined by the Historical Commission, after reviewing plans and specifications submitted by the Grantor, not to impair such characteristics, which determination shall not be unreasonably withheld; (c) expressly allowed by the Decision; (d) required by casualty or other emergency promptly reported to the Historical Commission; or (e) required for compliance with the Americans with Disabilities Act or the Commonwealth of Massachusetts Architectural Access Board Rules and Regulations, provided that the Grantor's plans and specifications for this purpose are first approved by the Historical Commission. 5. Americans with Disabilities Act (hereinafter the "ADA ") Compliance: If a determination made by the Historical Commission pursuant to Section 4(e) of this Agreement shall cause the Grantor to be out of compliance with the ADA, 42 U.S.C. §12132, et seq., 28C.F.R. §36.101, et seq. and should the Grantor determine that it cannot satisfy both the Historical Commission and the ADA, the Grantor shall notify the Historical Commission in writing of said conflict prior to undertaking any work, and shall request a reasonable accommodation under the ADA. If the Historical Commission determines that a conflict exists with the ADA, the Historical Commission shall consider the Grantor's request for a reasonable accommodation in accordance with the ADA. 6. Commonwealth of Massachusetts Architectural Access Board (hereinafter "AAB" Compliance: If a determination made by the Historical Commission pursuant 4 �e� to Section 4(e) of this Agreement shall cause the Grantor to be out of compliance with the AAB Rules and Regulations, and should the Grantor determine that it cannot satisfy both the Historical Commission and the AAB Rules and Regulations, the Grantor shall notify the Historical Commission in writing of said conflict prior to undertaking any work. If the Historical Commission determines that a variance from the AAB Rules and Regulations may be requested, the Historical Commission shall cooperate with the Grantor in seeking such a variance. If the Historical Commission determines that it should intervene in a request for such variance, the Grantor shall not oppose the Historical Commission's request to intervene. In the event that a variance of the AAB Rules and Regulations is requested and denied, the Grantor shall comply with the AAB Rules and Regulations notwithstanding the Preservation Restriction and any terms herein to the contrary; provided, however, that, if the Historical Commission has intervened or otherwise has a right to appeal the denial, the Historical Commission may first pursue all such rights of appeal. The Grantor, its successors and assigns shall bear all costs associated with the seeking of a reasonable accommodation or variance hereunder. The Historical Commission shall bear all costs incurred exercising any right of appeal. 7. Minor Alterations; Ordinary Maintenance and Repair: Ordinary maintenance and repair of the Premises may be made without the permission of the Historical Commission provided such maintenance and repair are not inconsistent with the Decision and do not negatively affect the exterior characteristics that contribute to the architectural or historical integrity of the Premises. For purposes of Sections 4(a), 4(b) and 6, interpretation of what constitutes alterations of a minor nature or ordinary maintenance and repair shall be governed by the Restriction Guidelines, as interpreted by the Historical Commission, attached to this Agreement as Exhibit "F" and hereby incorporated by reference. 8. Notice and Approval. Whenever approval by the Historical Commission is required under this restriction, Grantor shall send written notice thereof to the Historical Commission, by certified mail, return receipt requested, or by ` 5 Constable, or by some other method requiring the signature of a representative or employee of the Historical Commission, acknowledging receipt, not less than thirty (30) days prior to the date on which Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Historical Commission to make an informed judgment as to its consistency with the purposes of this Preservation Restriction. Within thirty (30) days of receipt of Grantor's reasonably sufficient request for said approval, the Historical Commission shall, in writing, grant or withhold its approval. The Historical Commission's approval shall not be unreasonably withheld, and shall be granted upon a reasonable showing that the proposed activity shall not materially impair the purpose of this Preservation Restriction. 9. Assignment: In the event the Historical Commission should cease to function or exist, all responsibilities charged to it under this Preservation Restriction shall be assigned; upon written notice to the Grantor; to another governmental body or to any charitable corporation or trust the purposes of which include the maintenance and preservation of historic properties, provided that such assignment may be made only in the event that the Historical Commission should cease to function or exist. 10. Legal Remedies of the Grantee and Grantor: A. Legal and Injunctive Relief. The rights hereby granted shall include the right of the Town of Reading to. enforce this Preservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including without limitation, relief requiring restoration of the property to its condition prior to the time of the injury complained of. The rights hereby granted shall be in addition to and not in limitation of, any other rights and remedies available to the Town of Reading for the enforcement of the Preservation Restriction. B. Costs of Enforcement or Unsuccessful Enforcement Attempt. In the event the Grantor violates this restriction, the Grantor and thereafter its 11. 12 13. successors and assigns agree to bear the costs and expenses (including without limitation counsel fees) incurred by the Town of Reading and the Historical Commission in enforcing this Preservation Restriction or in remedying or abating any violation thereof occurring during such person's ownership. In the event that the Grantee seeks an enforcement action against the Grantor, and it is found by a court of competent jurisdiction that the Grantor did not violate this restriction, the Grantee agrees to bear the costs and expenses (including without limitation counsel fees) incurred by the Grantee in defending against the Grantee's unsuccessful enforcement attempt. C. Disclaimer of Liability. By its acceptance of this Preservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. D. Non - waiver. Any election by the Historical Commission as to the manner and timing of its right to enforce this Preservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of any such rights. Execution of Instruments: The Historical Commission is authorized to record this Preservation Restriction. The Historical Commission is authorized to record or file the approval of the Massachusetts Historical Commission, notices of restriction under M.G.L. c. 184, § 27, or other required documents pursuant thereto for the exclusive purpose of ensuring the perpetual enforceability of this Preservation Restriction, and the Grantor and its successors and assigns agree to execute any such instrument upon request. Controlling Law: The interpretations and performance of this Preservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. Liberal Construction: Any general rule of construction to the contrary notwithstanding, this Preservation Restriction shall be liberally construed in favor of the grant to affect the purposes of the Preservation Restriction and the policy and purposes of Grantee. If any provision is found to be ambiguous, an 7 14. 15 16 interpretation consistent with the purpose of this Preservation Restriction that would render the provision valid shall be favored over any interpretation that renders it invalid. Validity and Severability: The invalidity of M.G.L. c.184 or any part thereof shall not affect the validity and enforceability of this Agreement according to its terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Recording: The Grantor agrees to record this Agreement with the Middlesex South Registry of Deeds and file a copy of such recorded instrument with the Historical Commission. Restriction Runs with the Land: Except as provided in Paragraphs 21 and 26, the restrictions, obligations and duties set forth in this Restriction shall run with the Premises and shall inure to the benefit of the Grantee and all parties claiming by, through or under the Grantee and shall bind the Grantor and all parties claiming by, through or under the Grantee and shall bind the Grantor and all parties calming by, through or under the Grantor. The rights hereby granted to the Grantee constitute the perpetual right of the Grantee to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Premises subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor", "Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding, Grantor of the Premises shall have no obligation pursuant to this instrument where such Grantor shall cease to have any Grantorship interest in the 8 17. IF2 Premises by reason of a bona fide transfer. The restrictions, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Premises or any part thereof, including by way of example and not limitation, a lease of all or a portion of the Premises. Prohibited Activities: The following acts or uses are expressly forbidden except as otherwise conditioned in this paragraph: a. the Buildings shall not be demolished, removed, or razed except as provided in Paragraphs 20 and 21; b. the dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited on the Premises near the Buildings; c. no above - ground utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on the Premises, subject to utility easements already recorded; d. no additions and /or outbuildings may be attached to the Buildings without prior approval of the Historical Commission; and e. moving the Buildings to another location shall be forbidden without prior approval of the Historical Commission. Grantor's Reserved Rights Not Requiring Further Approval by the Grantee: Subject to the provisions of paragraphs 4 and 17, the following rights, uses, and activities of or by Grantor on, over, or under the Property are permitted by this Restriction and by the Historical Commission without further approval by the Historical Commission: a. the right to engage in all those acts and uses that: (i) are permitted by governmental statute or regulation; (ii) do not substantially impair the preservation values of the Buildings and Premises; and (iii) are not inconsistent with the purpose of this Restriction; 9 b. pursuant to the provisions of Paragraph 2, the right to maintain and repair the Building strictly according to the Secretary's Standards. As used in this sub- paragraph, the right to maintain and repair shall mean the use by the Granter of in- kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the exterior of the Buildings. The right to maintain and repair as used in this sub - paragraph shall not include the right to make changes in appearance, materials, workmanship from that existing prior to the maintenance and repair without the prior approval of the Commission in accordance with the provisions of Paragraph 8. 19. Standards for Review: In exercising any authority created by this Restriction to inspect the Buildings; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the Buildings following casualty damage, the Historical Commission shall apply the Secretary's Standards. 20. Casualty Damage or Destruction: In the event that Buildings or Property shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify the Historical Commission in writing within fourteen ( 14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Buildings and Premises and to protect public safety, shall be undertaken by Grantor without the Historical Commission's prior written approval of the work. Within one hundred twenty (120) days of the date of damage or destruction, if required by the Historical Commission, Grantor at its expense shall submit to the Historical Commission a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Granter and the Historical Commission, which report shall include the following: 10 �\9_ 611 a. an assessment of the nature and extent of the damage; b. a determination of the feasibility of the restoration of the Buildings and /or reconstruction of damaged or destroyed portions of the Buildings; and c. a report of such restoration/reconstruction work necessary to return the Buildings to the condition existing at the date hereof or the condition subsequently approved by the Commission. 21. Review After Casualty Damage or Destruction: If, after reviewing the report provided in Paragraph 20 and assessing the availability of insurance proceeds after satisfaction of any mortgagee's /lender's claims under paragraph 20, Grantor and the Historical Commission agree that the Purpose of the Restriction will be served by such restoration/reconstruction, Grantor and the Historical Commission shall establish a schedule under which Grantor shall complete the restoration/reconstruction of the Buildings 'in accordance with plans and specifications consented to by the parties up to at least the total of the casualty insurance proceeds available to Grantor. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's /lender's claims under paragraph 22, Grantor and the Historical Commission agree that restoration/reconstruction of the Buildings is impractical or impossible, or agree that the Purpose of the Restriction would not be served by such restoration/reconstruction and Grantor may, with prior written consent of the Historical Commission, alter, demolish, remove or raze the Buildings, and /or construct new improvements on the Premises, Grantor and Grantee may agree to seek to extinguish this Restriction in accordance with the laws of the Commonwealth of Massachusetts and paragraph 21 hereof. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's /lender's claims under paragraph 22, Grantor and the Historical Commission are unable to agree that the Purpose of the Restriction will or will not be served by such restoration/reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the Commonwealth of Massachusetts arbitration statute then in effect, and all other applicable laws, rules, regulations, and ordinances. Arbiter shall have experience in historic preservation matters. 22. Insurance: Grantor shall keep the Buildings insured by an insurance company rated "A -1" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fully the damaged Buildings without cost or expense to Grantor or contribution or coinsurance from Grantor. Grantor shall deliver to the Historical Commission, within ten (10) business days of the Historical Commission's written request thereof, certificates of such insurance coverage. Provided, however, that whenever the Premises is encumbered with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee /lender to the insurance proceeds. 23. Indemnification: Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend, at its own cost and expense, Grantee, its boards, commissions, appointees, agents, directors, employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses and expenditures (including attorneys' fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of any person as a result of the existence of this Restriction; physical damage to the Buildings; the presence or release in, on, or about the Premises, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic, polluting or contaminating substance; or other injury or other damage occurring on or about the Buildings; unless such injury, death, or damage is caused by Grantee or its boards, commissions, appointees, 24. 25 KO agents, directors, employees, or independent contractors. In the event that Grantor is required to indemnify Grantee pursuant to the terms of this paragraph, the amount of such indemnity, until discharged, shall constitute a lien on the Premises with the same effect and priority as a mechanic's lien. Written Notice: Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing; Grantor: Criterion Child Enrichment 321 Fortune Boulevard #203 Milford, MA 01757 Grantee: Reading Historical Commission Reading Town Hall 16 Lowell Street Reading, MA 01867 Each party may change its address set forth herein by a notice to such effect to the other party. Evidence of Compliance: Upon request by Grantor, Grantee shall promptly furnish Grantor with certification that, to the best of Grantee's knowledge, Grantor is in compliance with the obligations of Grantor contained herein, or that otherwise evidence the status of this Restriction to the extent of Grantee's knowledge thereof. Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions surrounding the Property may make impossible the continued Grantorship or use of the Property for the Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a change in conditions may include, but is not limited to, partial or total destruction of the Building resulting from casualty. Such an extinguishment must meet all the requirements of the Act for extinguishment, including public hearings by the Town of Reading and the Massachusetts Historical Commission to determine that such extinguishment is in the public interest. In the event of a sale of the Property, net proceeds of sale shall 13 X11-j be paid to Grantor. 27. Amendment: If circumstances arise under which an amendment to or modification of this Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Restriction, provided that no amendment shall be made that will adversely affect the qualification of this Restriction or the status of Grantee under any applicable law. Any such amendment shall be consistent with the protection of the preservation values of the Premises and the Purpose of this Restriction; shall not affect its perpetual duration; shall not permit any private increment to any person or entity; and shall not adversely impact the overall architectural and historic values protected by this Restriction. Any such amendment shall be effective when the requirements of the Act with respect to amendments have been met and the amendment is recorded in the Middlesex South District Registry of Deeds. Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. 28. Release: This Preservation Restriction is intended to be a restriction in gross in perpetuity and may only be released, in whole or in part, by the Grantee pursuant to the procedures for release established by the Act and otherwise by law, including approvals following public hearings by the Town of Reading and the Massachusetts Historical Commission to determine that such a release is in the public interest. 29. Archaeological Activities: The conduct of archaeological activities on the Premises, including without limitation survey, excavation, and artifact retrieval, may occur only following the submission of an archaeological field investigation plan prepared by the Grantor and approved in writing by the Grantee and the State Archaeologist of the Massachusetts Historical Commission (M.G.L. C. 9, Sec. 27C, 950 C.M.R. 70.00). IN WITNESS WHEREOF, Grantor and Grantee have set their hands under seal on the days and year set forth below. GRANTOR: Criterion Child Enrichment, Inc. By and through its President, Vice - President and Treasurer 1I Robert F. Littleton, Jr., Ed.D Criterion Child Enrichment, Inc. By and through its Clerk Melvin J. Thompson COMMONWEALTH OF MASSACHUSETTS Worcester, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Robert F. Littleton, Jr., proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Robert F. Littleton, Jr. signed it voluntarily for its stated purpose as President, Vice - President and Treasurer of Criterion Child Enrichment, Inc. Notary Public: My commission Expires: (seal) COMMONWEALTH OF MASSACHUSETTS Worcester, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Melvin J. Thompson, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Melvin J. Thompson signed it voluntarily for its stated purpose as Clerk, Criterion Child Enrichment, Inc. (seal) ILI Notary Public: My commission Expires: 5b\i APPROVAL AND ACCEPTANCE BY SELECTMAN OF THE TOWN OF READING On , 2017 the Reading Board of Selectman, by majority vote, voted to approve and accept the foregoing Preservation Restriction. GRANTEE: Town of Reading, Massachusetts Board of Selectmen: John Arena, Chair Barry Berman, Vice-Chair Daniel nsmmger, Secretary John a sey, em er Andrew Friedmann, Member COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared John Arena, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that John Arena signed it voluntarily for its stated purpose as Chair, Town of Reading Board of Selectmen. (seal) Notary Public: My commission Expires: 16 �b�� Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Barry Berman, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Barry Berman signed it voluntarily for its stated purpose as Vice - Chair, Town of Reading Board of Selectmen. Notary Public: My commission Expires: (seal) Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Daniel Ensminger, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Daniel Ensminger signed it voluntarily for its stated purpose as Secretary, Town of Reading Board of Selectmen. Notary Public: My commission Expires: (seal) Middlesex, ss On this _day of , 2017, before me, the undersigned notary public, personally appeared John R. Halsey, proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding or attached document, and acknowledged to me that John R. Halsey signed it voluntarily for its stated purpose as Member, Town of Reading Board of Selectmen. Notary Public: My commission Expires: (seal) t 16 Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Andrew Friedmann, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Andrew Friedmann signed it voluntarily for its stated purpose as Member, Town of Reading Board of Selectmen. (seal) Notary Public: My commission Expires: � 10 ACCEPTANCE BY READING HISTORICAL COMMISSION On , 2017 the Reading Historical Commission, by majority vote, voted to approve and accept the foregoing Preservation Restriction. Reading Historical Commission: Carl Mittnight, Chair Sharlene Reynolds Santo, -Secretary Jonathan Barnes, Treasurer Ronald Weston, Member Jack i iams, Member Virginia M. Adams, ssociate Samantha A Couture, ssociate COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Carl Mittnight, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Carl Mittnight signed it voluntarily for its stated purpose as Chair, Reading Historical Commission. (seal) Notary Public: My commission Expires: 19 5ba\ Middlesex, ss On this _day of , 2017, before me, the undersigned notary public, personally. appeared Sharlene Reynolds Santo, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Sharlene Reynolds Santo signed it voluntarily for its stated purpose as Secretary, Reading Historical Commission. Notary Public: My commission Expires: (seal) Middlesex, ss On this _day of , 2017, before me, the undersigned notary public, personally appeared Jonathan Barnes, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Jonathan Barnes signed it voluntarily for its stated purpose as Treasurer, Reading Historical Commission. Notary Public: My commission Expires: (seal) Middlesex, ss On this _day of , 2017, before me, the undersigned notary public, personally appeared Ronald Weston, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Ronald Weston signed it voluntarily for its stated purpose as Member, Reading Historical Commission. Notary Public: My commission Expires: (seal) �baa Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Jack Williams, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Jack Williams signed it voluntarily for its stated purpose as Member, Reading Historical Commission. Notary Public: My commission Expires: (seal) Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Virginia M. Adams, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Virginia M. Adams signed it voluntarily for its stated purpose as Associate, Reading Historical Commission. Notary Public: My commission Expires: (seal) Middlesex, ss On this—day of , 2017, before me, the undersigned notary public, personally appeared Samantha A Couture, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that Samantha A Couture signed it voluntarily for its stated purpose as Associate, Reading Historical Commission. (seal) Notary Public: My commission Expires: APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION COMMONWEALTH OF MASSACHUSETTS The undersigned Executive Director and Clerk of the Massachusetts Historical Commission, hereby certifies that the foregoing Preservation Restriction to the Town of Reading, acting by and through its Reading Historical Commission (Grantee), has been approved by the Massachusetts Historical Commission in the public interest pursuant to MGL, Chapter 184, Section 32. Brona Simon, Executive Director and Clerk COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this — day of , 2017, before me, the undersigned notary public, personally appeared Brona Simon proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that Brona Simon signed it voluntarily for its stated purpose, as Executive Director and Clerk of the Massachusetts Historical Commission. (seal) 22 Notary Public My commission expires: 5ba� SCHEDULE OF EXHIBITS A. LEGAL PROPERTY DESCRIPTION AND SITE PLAN B. RECORDED SITE PLAN C. MASSACHUSETTS HISTORICAL COMMISSION INVENTORY FORMS D. BASELINE PHOTOGRAPHS OF THE PROPERTY E. KEY ARCHTIECTURAL FEATURES OF HOUSE AND BARN F. RESTRICTION GUIDELINES G. READING HISTORIC DISTRICT COMMISSION CERTIFICATE AND READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION SITE PLAN REVIEW DECISION �e�5 LEGAL PROPERTY DESCRIPTION EXHIBIT A TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC. PROPERTY: 186 -190 SUMMER AVENUE, READING, MA A certain parcel of land with buildings thereon situated in Reading, Massachusetts shown as Lot A on a plan entitled "Plan of Land located in Reading Massachusetts," prepared by Sullivan Engineering Group LLC, dated October 9, 2014 and recorded with the Middlesex South Registry of Deeds as Plan No. 910 of 2016, to which plan reference may be made for a more particular description of said Lot A. Lot A contains 71,234 + /- square feet according to said Plan. For title see Deed of Criterion Child Enrichment INC. dated November 15, 2016 recorded with Middlesex South Registry of Deeds. 5ba`° EXHIBIT B TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC. 5ba� MASSACHUSETTS HISTORICAL COMMISSION INVENTORY FORMS EXHIBIT C TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC. 5ba� BASELINE PHOTOGRAPHS OF THE PROPERTY EXHIBIT D TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC. 5et KEY ARCHTIECTURAL FEATURES OF HOUSE AND BARN EXHIBIT E TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC House Exterior 1. Form: Two and a half stories with a principal block that is three by six bays. At the rear (eastern) end of the building is a two story, two by one bay ell and a two story, one by three bay ell. 2. Foundation: Granite block with sections of brick under principal block and mortared fieldstone under the rear ell. 3. Cladding and Trim: Wood clapboard with cornerboards, brackets, molded window trim, sill blocks and columned porch with balustrade. 4. Roof. Cross- gabled with slate shingles, belvedere, and corbelled brick chimney at principal block and asphalt shingles on rear ell. 5. Front Entrance: Glazed three -panel wood door on south elevation. 6. Windows: Wood true - divided windows, including historic replacement 6/6 muntin configuration and historically accurate wood 2/2 muntin configuration (at third story). Modern vinyl 1/1 windows and casements are also present at rear ell. 7. Cornice: Wide overhanging eave with brackets on principal block and box cornice at rear ell. Barn Exterior 1. Form: Two - story, three by two bays. 2. Foundation: Fieldstone and brick. 3. Cladding and Trim: Wood clapboard with cornerboards, brackets, molded window trim, sill blocks. 4. Roof: Asphalt shingles. 5. Entrances: On west elevation, operable sliding panel doors including a pair of glazed doors, hayloft door and northern entrance as well as southern entrance which is a faux door. South elevation, glazed two -panel door. 6. Windows: Wood fanlights, fixed windows and historic replacement wood true - divided 6/6 muntin configuration. 7. Cornice: Wide overhanging eave with brackets. 10% RESTRICTION GUIDLINES EXHIBIT F TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC The purpose of the Restriction Guidelines is to clarify paragraph three of the terms of the preservation restriction, which deals with alterations to the Premises. Under this section permission from the GRANTEE is required for any major alteration. Alterations of a minor nature, which are part of ordinary maintenance and repair, do not require GRANTEE review. In an effort to explain what constitutes a minor alteration and what constitutes a major change, which must be reviewed by the GRANTEE, the following list has been developed. By no means is this list comprehensive: it is only a sampling of some of the more common alterations, which may be contemplated by the Premises owner. PAINT Minor - Exterior or interior hand scraping and repainting of non - decorative and non - significant surfaces as part of periodic maintenance. Major - Painting or fully stripping decorative surfaces or distinctive stylistic features including murals, stenciling, ornamental woodwork, stone, masonry, decorative or significant original stucco or plaster. WINDOWS AND DOORS Minor - Regular maintenance including caulking, painting and necessary reglazing. Repair or in -kind replacement of existing individual decayed window parts. Major - Wholesale replacement of units; change in fenestration or materials; alteration of profile or setback of windows. The addition of storm windows is also considered a major change; however, with notification it is commonly acceptable. EXTERIOR Minor - Spot repair of existing cladding and roofing including in -kind replacement of clapboards, shingles, slates, etc. Major - Large -scale repair or replacement of cladding or roofing. Change involving inappropriate removal or addition of materials or building elements (i.e. removal of chimneys or cornice detailing; installation of architectural detail which does not have a historical basis); altering or demolishing building additions; spot repointing of masonry. Structural stabilization of the Premises is also considered a major alteration. LANDSCAPE/OUTBUILDINGS Minor - Routine maintenance of outbuildings and landscape including lawn mowing, pruning, planting, painting, and repair. Major - Moving or subdividing buildings or Premises; altering of Premises; altering or removing significant landscape features such as gardens, vistas, walks, plantings, walls, fences; ground disturbance affecting archaeological resources. HEATING /AIR CONDITIONING /ELECTRICAL /PLUMBING SYSTEMS Minor - Repair of existing systems. Major - Installing or upgrading systems which will result in major exterior appearance changes (i.e. exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of original materials in the course of construction. Changes classified as major alterations are not necessarily unacceptable. Under the preservation restriction such changes must be reviewed by the GRANTEE and their impact on the historic integrity of the premise assessed. It is the responsibility of the Premises owner to notify the GRANTEE in writing when any major alterations are contemplated. Substantial alterations may necessitate review of plans and specifications. The intent of the preservation restriction is to enable the GRANTEE to review proposed alterations and assess their impact on the integrity of the structure, not to preclude future change. GRANTEE will attempt to work with Premises owner to develop mutually satisfactory solutions, which are in the best interests of the Premises. E READING HISTORIC DISTRICT COMMISSION CERTIFICATE AND READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION SITE PLAN REVIEW DECISION EXHIBIT G TO PRESERVATION RESTRICTION AGREEMENT BETWEEN THE TOWN OF READING AND CRITERION CHILD ENRICHMENT, INC. 5b�l August 21, 2017 VIA Certified Mail Reading Board of Health 16 Lowell Street Reading, MA 01867 Re: August 29, 201.7 Board of Selectmen Meeting Dear Board of Health: In the exercise of its appointing authority, the Board of Selectmen hereby calls all full and associate members of the Board of Health to its open session meeting on August 29, 2017 at 7:30pm in the Selectmen's Meeting Room at Town Hall to discuss the following matters: 1, July 19, 2017 Board of Health meeting; 2. August 8, 2017 Board of Health meeting; 3. August 15, 2017 Board of Health meeting; 4. Minutes of Board of Health meetings; 5. Board of Health Management Policy; 6. Closure of downtown establishments due to sewage issues; and 7. Adoption of pesticide Regulations. Failure to attend the Selectmen's August 29 meeting without good cause may be grounds for removal pursuant to Article 8.12 of the Town's Charter. Please contact me as soon as possible if you cannot attend the meeting. cc: John Costigan, RPh (via Hand Delivery) Elizabeth Sburland, DVM (via Hand Delivery) Nancy A. Docktor, RN (via Iland Delivery) J. Raymond Miyares (via email) Sa IC , j Y� -1-4, Robert W. LeLach.eur, Jr.' AUG Reading 2017 5�� LeLacheur, Bob 0� From: Kraunelis, Matthew Sent: Wednesday, August 30, 2017 5:22 PM To: Ray Miyares (ray@miyares-harrington.com) Cc: LeLacheur, Bob Subject: Travel Report Attachments: 11. May 2017 DP Travel Exp Report.pdf Ray, enclosed is the travel report in question. The way it was explained to me is that Donna first did a travel report without very much detail. Laura. explained to her that she wanted more detail in the report. Donna did not produce a more detailed report, so to demonstrate what she wanted, Laura wrote out the travel report for Donna and both Donna. and Laura signed it. That is the report that is attached. When computing the mileage for the Haverhill trip on 5-30-17, Donna had made a math mistake. Laura corrected the mistake on the new report, which resulted in it being about $5.00 lower than Donna's original report. But Donna signed off on the new report, so she was ok with the correction. We don't have a record of Donna's original report. IN M. Matthew A. Kraunelis, Esq. Director of Administrative Services Town of Reading 16 Lowell Street Reading, MA 01867 781-942-6611 rnkraunefisa,ci. reading. ma.0 s www.readingma.gov 5C, d o r- q- i�- '5 Purpose of, travel ... .. ........ .. iption of Cost of Date it $ Rv—ertse—s Total other Expenses (invoices Attached) 0,00 0.535 cents per mile Total Travel Reimbursement Charge Account #: Prof Dev Travel F- I hereby certify under the pains and penalties of perjury that, the al)ove info[Illption is accurate and connected to Town bt Signature OfTr"!'7oier;' 0.00 �O of my knowledge, spy M LeLacheur, Bob From: Le Lac �arc. r h, Sent: Friday, h 31 , 2017 9:14 To: Perkins, com' Subject: RE: Health Agent Interviews Hi John, I apologize if this is the second answer from me — I don't see one I thought I sent earlier. Technology plus the aging process O. Only one member (including associate members) of the BOH should attend an interview. Otherwise we must hold a public meeting, and keep public records. Except for positions such as Town Manager or Superintendent of Schools, interviews are best kept totally confidential for the protection of all involved. I am certain we'd see a different and smaller candidate pool if the process were to be a public one. Certainly you could designate another BOH member if you prefer. Thanks, Bob Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanager @ci. reading. ma, us (P) 781 - 942 -9043; (F) 781 - 942 -9037 www.recxdi0(m I.goy 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: Perkins, Judi Sent: Friday, March 31, 2017 6:29 AM To: 'pin13 @aol.com' Cc: LeLacheur, Bob Subject: RE: Health Agent Interviews Good Morning John, I will defer this question to Bob LeLacheur as he is the appointing authority. It is rare that we have Board Members involved with the interview process and it is always at the request of the Town Manager. Please let me know if you have any further questions. Thank you, Judi From: pin13Ccbaol.com [mailto: pin 13Ca>aol.com] Sent: Thursday, March 30, 2017 9:59 AM To: Perkins, Judi Subject: Re: Health Agent Interviews �,- C Hello Judi - I will be available on 4/20 and 4/25 as my schedule now stands. What is the protocol as far as other Board members present at the interviews if they wish to be present? Thanks for your efforts. John Costigan - - - -- Original Message---- - From: Perkins, Judi <iperkins(Dci.readinq ma.us> To: 'pin13 @aol.com' <piin13(cD-aol.com> Sent: Wed, Mar 29, 2017 9:44 am Subject: Health Agent Interviews Good Morning John, I am scheduling the final interviews for the Health Agent position and would like to know if you are available on Thursday April 20th from 3:00 to 5:30 or Tuesday April 25th from 4:00 to 6:30. Thank you, Judi Judith A. Perkins Human Resources Director Town of Reading 16 Lowell Street Reading, MA 01867 781 - 942 -6633 Town of Reading Website www.readingma.gov Please note Town Hall is closed on Friday's 5C,5 LeLacheur, Bob From: LeLacheur, B Sent: Monday, ay 01, 7 .20 A t/ To: pir aol.com'; di Cc: Delios, Je Subject: RE: Health Agent Interview John — I would strongly advise against such a discussion with the BOH. That would bring everything into the public records realm, and again we conduct our hiring process for almost every position in confidence. Looking forward to wrapping this up on Tuesday as is possible. Thanks, Bob Robert W. LeLacheur, Jr. C'A'A Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanager @ci.reading. ma. us (11) 781 - 942 - 9043; (F) 781 042- -9037 wwyV rCZ rdirrarj)q._q vv 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: pin13 @aol.com [mailto: pin 13 @aol.com] Sent: Monday, May 01, 2017 11:02 AM To: Perkins, Judi Cc: Delios, Jean; LeLacheur, Bob Subject: Re: Health Agent Interview Hello Judi - I will be able to attend Tuesday at 4PM. I would also like to discuss candidates with the rest of the Board, obviously before the decision process is final. We are scheduled to meet on Wednesday, May 17th. In your opinion, could the Board meet next week in time before finalization to give our collective input ?? Thanks, Costigan - - - -- Original Message---- - From: Perkins, Judi <jperkins(c)-ci.reading.ma.us> To: Delios, Jean <jdelios ci.reading.ma.us >; 'pin13 @aol.com' <pin13 (a)aol.com >; LeLacheur, Bob < blelacheur(o)ci. reading. ma. us >; Bracey, Bob <bbracey(o)ci. reading. ma. us> Sent: Thu, Apr 27, 2017 12:58 pm Subject: Health Agent Interview t �01 J. 1) NYmonil Thonr.[,� .1. 1 I;i� rinl;ton Christ hol, 11. 1 loop Dmir m N1, Hro woo Jennie kl, Alorrill July 17, 201 John Costigan Chair, Board of Health Town of Reading 16 Lowell Street Reading, MA 01867 A privnio 1;1%v, firm in rho public intorost Rehol<nh Lnoew lvri,y (Ifils.. Friod 1"Xie R011�L1(' Blake M. Monsin) Re: Appointment of Health Agent Pursuant to Reading Home Rule Charter and M.G.L. c.11l, §30 Dear John: A question has recently been raised regarding the appointing power for the Board of Health's Health Agent. As such, the Town of Reading's Town Manager, Bob LeLacheur, has requested a memo from my office analyzing the hiring and appointing powers relative to the Health Agent. It is my opinion that the Town of Reading Home Rule Charter grants to the Town Manager authority to hire the Health Agent, while preserving the Board's statutory authority to delegate power to an individual to act for the Board in cases of emergency or if the Board cannot conveniently assemble. M.G.L. c.111, §30 Pursuant to M.G.L. c.11l, §30, "[b)oards of health may appoint agents or directors of public health to act for them in cases of emergency or if they cannot conveniently assemble, and any such agent or director shall have all the authority which the board appointing him had...." Absent other authority, therefore, the Board would have statutory power to appoint its agent. Moreover, Boards of Health are unique among municipal bodies in that a Board of Health's agent may exercise the Board's authority in emergencies or when the board cannot conveniently assemble. No other municipal board has the ability to delegate all of its power to an individual as provided by M.G.L. c.111, §30. 'IO Grov<: Htreot • 5uilo 190 ° 1G'olle slev, NIA 02,182 I `('el: 617,489.1GU0 I h;IX: wvww-. ill ivnlv=; --h„ri ill on.cr;ill 501 I i_ya res <1171d Hcarri.ngton LLP John Costigan July 17, 2017 Page 2 of 3 II. Town of Reading Home Rule Charter A. Legal Status of the Charter The "Home Rule Amendment," Article 89 of the Massachusetts Constitution, was adopted in 1977. In general, the Amendment reaffirms the "customary and traditional liberties" of the people to conduct their local government, and grants and confirms their "right of self - government in local matters." This right is not unlimited, however. Specifically, Section 2 of the Amendment provides that "[t]he provisions of any adopted or revised charter or any charter amendment shall not be inconsistent with the constitution or any laws enacted by the general court...." M.G.L. c.43B, §20, enacted in 1984 to implement the Home Rule Amendment, provides, in pertinent part: The provisions of any charter or charter amendment... shall be deemed consistent with the provisions of any law relating to the structure of city and town government, the creation of local offices, the term of office or mode of selection of local offices and the distribution of powers, duties and responsibilities among local offices. (emphasis added). Section 20 then lists certain types of state laws that charter provisions are expressly deemed to be consistent with as a matter of law— including, specifically, provisions "that any particular local officer or employee shall be appointed by any particular local officer." M.G.L. c.43B, §20(b). Section 20 has been interpreted to reflect the new balance of power that Article 89 established between the municipalities and the Commonwealth. Town Council of Agawam v. Town Manager of Agawam, 20 Mass.App.Ct. 100, 103 (1985). In Agawam, the Appeals Court held that a charter provision granting to the Town Manager the sole power of appointment of local officials without confirmation was valid despite a general law providing that all such appointments were to be subject to confirmation. 20 Mass.App.Ct. at 743. Because section 20 expressly provides that the mode of selection of local offices is within the discretion that municipalities may exercise by charter, the Court held that a municipal charter providing for such appointment must be deemed consistent with state laws. Id. As such, the Town's Charter is the controlling document to the extent that the Charter modifies state laws regarding appointments. B. Appointment of Reading's Health Agent and Delegation of the Board's Authority Section 5.2(b) of Reading's Charter describes the Town Manager's powers and duties. Specifically, it provides that the Town Manager has the power: "[t]o appoint and 2 John Costigan July 17, 2017 Page 3 of 3 remove... all employees for whom no other method of appointment is provided in this Charter, except [persons not relevant here]." This section authorizes the Town Manager to appoint the Health Agent as no other method of appointment is provided for in the Charter, and the Board of Health is not among the boards exempted from operation of this section. By way of comparison, the Charter specifically provides for the appointment of the Town Manager, Town Counsel, Town Accountant and up to five constables by the Board of Selectmen. See Sections 3.2, 5.1, 6.2 and 6.3); the Superintendent of Schools by the School Committee, See Section 3.3); the Library Director by the Board of Library Trustees. See Section 3.4); the Municipal Light Department Account Manager and Counsel by the Municipal Light Board of Commissioners. See Section 3.5); and the Police Chief, Fire Chief, Appraiser, Ombudsman, Treasurer, Collector and Town Clerk by the Town Manager. See Sections 5.2.b 5.3, 6.4, 6.5 and 6.6). The Charter does not include any provision authorizing the appointment of a Town Officer by an appointed Board or Committee. To be sure, Section 4.4, establishing the Board of Health, provides that the Board "shall have all of the powers and duties granted to Boards of Health by the Massachusetts General Laws...." Similarly broad language appears in the Charter's provisions setting forth the authority of the Board of Selectmen See Section 3.2) the School Committee See Section 3.3), the Board of Library Trustees See Section 3.3), the Moderator See Section 3.6), the Community Planning and Development Commission See Section 4.5) and the Housing Authority See Section 4.9). With respect to the Health Agent, the Charter authorizes the Town Manager to appoint an employee to work under the Board, but to reserve to the Board the authority to delegate its powers as described in M.G.L. c.111, §30. I note that the Board's statutory authority to delegate its powers to an individual to act in emergencies or when the Board cannot conveniently assemble is unique among local boards and committees, reflecting, no doubt the need for quick action when public health may otherwise be at risk. For this reason, I recommend that the Board promptly delegate its authority pursuant to M.G.L. c.111, §30, so that appropriate measures can be taken in a timely fashion in order for public health to be protected. Please let me know if you have any questions. Sincerely, J. Raymm d Miyares cc: B.LeLacheur 91 N101 LeLacheur, Bob From: Foley, Darlene ' Sent: Wednesda ay 17, 2017 10:08 M To: John Cos an; eshur oo.com; Nancy Docktor Cc: Daniel Ensminger at home Subject: FW: Proposed pesticide regs Attachments: TOWN OF WENDELL vs. ATTORNEY GENERAL, 394 Mass. 518.pdf Importance: High From: Delios, Jean Sent: Wednesday, May 17, 2017 10:01 AM To: Foley, Darlene Cc: LeLacheur, Bob Subject: FW: Proposed pesticide regs Hi Darlene Please forward the email and attachment provided by Town Counsel to the Board of Health so that they will get this ASAP. Thanks! Jean Jean J. Delios Assistant Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 -2685 [MEN 0 •. • Town Hall Hours: M, W, Th — 7:30 a.m. — 5:30 p.m. Tuesday: 7:30 a.m. --- 7:00 p.m. FRIDAY CLOSED idelios ci.reading.ma.us www.readingma.gov From: Ray Miyares [mailto:ray@miyares-harrington.co Sent: Tuesday, May 16, 2017 9:47 PM To: Delios, Jean Cc: Rebekah Lacey Subject: Re: Proposed pesticide regs Jean 1 � C'D I have reviewed these proposed regulations and offer the following comments: (1) M.G.L. c.132B, §1 provides, in pertinent part, that "[t]he exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth shall be determined by this chapter." The Chapter gives no authority to local boards of health to regulate pesticides. Nevertheless, the Massachusetts Supreme Judicial Court has decided that Boards of Health may make reasonable regulations that are not inconsistent with the Massachusetts Pesticide Control Act, M.G.L. c. 132B or state regulations (333 CMR 2.00). Town of Wendell v. Attorney General, 394 Mass 518 (1985). The Wendell decision suggests that the Board may not adopt a regulation that purports to prohibit pesticide use in accordance with its label. The Reading Board of Health should proceed with great caution to make sure that its regulation of pesticide use by Town employees or on Town property does not violate the constraints of the Wendall decision. I have attached a copy for your convenience. (2) M.G.L. c. 132B, § §6C through 6J govern the use of pesticides on school property. To the extent that the proposed regulations purport to prohibit such use, they appear to be inconsistent with these sections and thus preempted by state law. (3) It is unclear to me that the Board of Health may lawfully regulate the conduct of Town employees not under the Board's supervision. Section 5.2 of the Town Charter appears to vest this authority in the Town Manager. (4) The Town has assigned care, custody, management and control of many Town properties to particular Town Boards and Committees, and Section 5.2 of the Town Charter assigns control of the use of the remainder of Town properties to the Town Manager. In contrast, the proposed regulations appear to assert Board of Health authority over the use of Town properties. (5) Under section 1.8 of the Town's General Bylaws, the penalty for violation of Board of Health regulations is $50 for a first offense, $100 for a second offense and $150 for a third offense. Ray J. Raymond Miyares MIYARES AND HARRINGTON LIP 40 Grove Street - ` tAite 190 - Wellesley, MA {)2482 Tel 61,E - 489 -1600 - I� ax 617489-16,30 www.mivares- harrin rton.com This e -mail and any attachments contain attorney- client privileged material and are not subject to disclosure pursuant to the Public Records Law, M.G.L. c.4, §7, cl: 26th and c.66, § 10. If you are not the intended recipient, please note that any review, disclosure, distribution, use or duplication of this message and its attachments is prohibited. Please notify the sender immediately if you have received this e -mail in error. Thank you for your cooperation. On May 15, 2017, at 12:07 PM, Delios, Jean <idelios �ci.readinma.us> wrote: It is my understanding that the pesticide regulations as proposed would require a public hearing but if you could verify that would be very helpful Jean J. Delios Assistant Town Manager Town of Reading 16 Lowell Street r i JTA fAMI I ♦ • �&24 Fd WO . JFAJ s1 FA Town Hall Hours: M, W, Th — 7:30 a.m. -- 5:30 p.m. Tuesday: 7:30 a.m. — 7:00 p.m. FRIDAY CLOSED idelios pci.reading.ma.us www.readingma.gov From: pin13(&aol.com [mailto:p_in13 aol.com] Sent: Tuesday, April 25, 2017 2:33 PM To: Delios, Jean Cc: John Halsey Subject: Proposed pesticide regs Hello Jean - Attached is a draft of the pesticide regulations we have been working on. Similar regs have been vetted and passed in Marblehead. We have run this by Bob Keating and Jane Kinsella at DPW and they seem to be supportive. Could you run these by Ray to get his opinion, especially about sec Vll..paragraph B regarding authorization of proceedings by MGL - could we site and which law ?... and sec VIII paragraph B regarding 'person'. Could or should that be changed to 'property owner' ?? This would require a Public Hearing, right ?? Thanks, Costigan <pesticideregs2017.doc> 5u\a LeLacheur, Bob From: Delios, Jea Sent: Wednesday, e 07, 2017 . 2 AM To: Delios, J n Cc: pin13 @ao .com; Beth Shurland; Daniel Ensminger at home; Vlasuk, Laura; jcahjp @yahoo.com Subject: FW: Please forward to John Costigan, Beth Shurland, Laura Vlasuk ,Dan Ensminger Attachments: IMG_0818.JPG; IMG_0820.JPG See message below Jean J. Delios Assistant Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 -2685 p. 781 -942 -6612 f. 781 -942 -9071 Town Hall Hours: M, W, Th — 7:30 a.m. --- 5:30 p.m. Tuesday: 7:30 a.m. — 7:00 p.m. FRIDAY CLOSED "del ios aci.reading.ma.us www.readingma.gov From: john powers [mailto:jcahjp(�-byahoo.com] Sent: Tuesday, June 6, 2017 7:19 PM To: Delios, Jean Subject: Please forward to John Costigan, Beth Shurland, Laura Vlasuk ,Dan Ensminger Thank you Jean Your last (hopefully) duty for us now that Laura is on board. TruGreen posting on tree lawn on Beaver Road I have forwarded these photos to Mike Reed, the TruGreen regional manager, who assured the BoH last year that they "were always in compliance" with never treating Town tree lawn property. Nancy Docktor 5 \3 LeLacheur, Bob From: Daniel Ensminger at home Sent: Thursday, August 31, 2017 3:25 PM To: LeLacheur, Bob Subject: FW: Donna's Resignation Bob, since this email was discussed in our 8/29 meeting and several Selectmen wanted to see it, I ask that it be distributed with the other material you have agreed to. I6 From: pin13 @aol.com [mailto: pin 13 @aol.com] Sent: Tuesday, June 20, 2017 9:01 AM To: danensminger @comcast.net Subject: Fwd: Donna's Resignation Hello Dan - This was forwarded to me last night. Thanks, Costigan - - - -- Original Message---- - From: Elizabeth Shurland <eshurland(d_)yahoo.com> To: john powers <icah4p(5) yahoo.com >; John Costigan <pin13CC,aOI.com> Sent: Sun, Jun 18, 2017 11:26 pm Subject: Fwd: Donna's Resignation FYI From: "bob pierce" <Ijp2002Ca),verizon.net> Date: June 18, 2017 at 5:13:29 PM EDT To: <eshurland(cDyahoo.com> Subject: Donna's Resignation Beth, This is my husband's e- mail,mine is clown-Could you please also forward this to Nancy, John and Andy.Thank you. This is to inform you of my resignation as of Thursday June 15th,2017 as the Public Health Nurse for the Town of Reading. I have completely enjoyed the past 2 years as Public Health Nurse.) was so proud of the job I did for the town and all of it's residents.) have learned a great deal and have made many friends in the process. This decision did not come lightly.) agonized over the decision because of my love for my position and my profession. I felt I had no choice but to resign my position due to the disrespectful, confrontational, condescending, distrustful and hostile atmosphere that became the new environment. Some examples: On the first day, I had left a card for the new Health Agent to welcome her. As I approached my very small cubicle I noticed that my limited counter space was piled high with items that were not wanted by the health agent. Also, under my desk was so full of items that I had no room for my legs. Storage containers were moved as well. When I asked her what all these items were she very matter of factly stated that she did not want these items and that I could get rid of all my personal items such as nursing and educational and award certificates and find room for everything. She then also stated that without a conversation she has called maintenance to come and move 3 filing cabinets to fit the vaccine refrigerator. Space is very limited and tight so she came into my space and started to shove items onto my shelves. Later I filled out the proper paperwork to request approval for a HEAT conference, this is for addiction,and this was denied I was told because it did not directly relate to the needs of the townElthen filled out the proper paperwork for my mileage for the month of May.l was told to provide proof of the pre- approved conferences -2 -.and proof of the mileage. I did.This was crossed out and was denied.My computer print out was not accepted,another was printed by the health agent and the mileage form was filled out by her:not me.and it was 10 miles less] Another day I was approached by the health agent and I was told that I would no longer be submitting a monthly Public Health Nurse report that I would be required to document daily and to submit a weekly report with my time sheet,to be combined with the inspector's report. I was concerned that my documentation could be deleted,edited or completely removed.) am very proud of the job I do and I deserve credit for everything including articles read by me from the CDC,D.PH. and EPI. I asked the health agent if this new idea was run by the BOH. The health agent pointed her finger at me and said "look,you answer to me and I report to no one,not even the BOH,I only report to Jean..l replied "yes, I answer to you but, we both answer to the BOH and she replied oh no I don't. I was also told by the health agent that I would be spending all my time in the office and not at educational conferences,seminars or at the vitally important monthly Public Health meetings. I explained that education is an integral part of nursing as well as obtaing CEU's to be able to continue with my nursing license. The health agent defiantly stated that the town cannot afford to allow me to go to all of this education. Even if the conference is free just like the monthly Public Health meetings it costs the town if I am not in town hall. She then stated that all education is not that important..As a professional nurse who bases all actions on education and facts this was highly insulting and offensive. Lastly,l was told that if I need to vary from my scheduled hours that I need to submit the request in writing to be approved by the health agent and the assistant town manager-This request is demeaning and offensive..) have prided myself on being extremely flexible to the needs of the town and it's resident's when it comes to a home visit,a flu shot,a blood pressure check, evening and weekend flu vaccine clinics. The needs of the town's residents don't always fit like a neat little package into my 4 hour block of time..When I have been very accommodating the resident's are very grateful and have always sent me a thank you card. As a 37 year veteran in the nursing profession I find that others who are not in the profession have no clue what is involved in continuing education.This can be a very intense profession as I have spent 35 years in Intensive care., I have multiple certificates,awards,and certifications necessary to care for the sickest patients. I would not want a nurse caring for me in the field such as Public Health or in the ICU unless I knew she was well educated and knowledgeable. I am proud of the job I have done for the town of Reading and I am more proud that I am a Nurse. Donna L. Pierce R.N.PHN PCCN PRP OCN L V M� Cl) V V Q O 0. 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Town of Reading Meeting Minutes f 63g� 1HC0440� Board - Committee - Commission - Council: Board of Selectmen Date: 2017 -07 -25 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Session: Version: Chair John Arena, Barry Berman, Dan Ensminger, John Halsey Members - Not Present: Andrew Friedmann Others Present: Town Manager Bob LeLacheur, Miyares & Harrington Associate Ivria Fried, Executive Assistant Caitlin Saunders, Bill Brown, Stephen Crook, Dan Dewar, Michele Sanphy, Vanessa Alvarado Minutes Respectfully Submitted By: Topics of Discussion: Chair John Arena called the meeting to order. Liaison Reports Mr. Ensminger noted he talked to Phil Pacino from the RMLD Citizens Advisory Board. He noted they are having a quorum issue and that is the reason for the hold up on their end. Mr. LeLacheur noted he talked to the other three Town Managers and they are not overly concerned about it. Mr. Ensminger explained that preparations for cable renegotiations are starting and encouraged everyone to help by take the survey RCTV has put out. He also attended the Board of Health meeting and noted at their last meeting they had an executive session without prior notice. He explained they are also refusing to appoint Laura Vlasuk as the Health Director. Mr. Ensminger expressed a need to have them in to see the Selectmen and talk to them. Mr. Berman noted he attended the wayfinding and branding subcommittee meeting with staff. Our Community Development Director was able to get us a grant for some professional consulting services. Public Comment Bill Brown asked what the update with Memorial Park and Oakland Road is. Mr. LeLacheur explained he has spoken with a third party but nothing has come of it right now. Mr. Brown also noted the wall in front of the Library looks nice now that the cracks have been fixed. Vanessa Alvarado thanked the Selectmen for being open at their last meeting about the survey and for listening to their comments about it. Page 1 1 f�' Town Managers Report Mr. LeLacheur announced there will be an economic development forum at the Library in the Community Room. Mr. Berman noted he thinks it would be helpful if members of our development community were there to weigh in. Hearing - FY18 Classification Plan Mr. LeLacheur explained he is asking to add a position to grade F. He noted it was left off the classification plan last time because they were unsure what grade the position was going to be at. The new position is going to be an administrative specialist in Community Development. The position is meant to have a flexible schedule to help with night meetings. Mr. Ensminger made a motion to close the public hearing on the FY18 Classification Plan. The motion was seconded by Mr. Halsey and approved with a 4 -0 -0 vote. Mr. Ensminger made a motion that the Board of Selectmen amend the FY18 Classification Plan as presented. The motion was seconded by Mr. Berman and approved with a 4 -0 -0 vote. Board of Selectmen Policies: Article 3 Licenses Mr. LeLacheur wanted to discuss with the board the language in 3.1.6 regarding delegating certain licenses to the Town Managers office. Right now the policy says the board needs to delegate out annually to the Town Manager. If they wish to just delegate it once and that be it, then they need to change the language. Mr. Arena suggested seeing new licenses for Motor Vehicle Class I, II, III and maybe any licenses that have any changes to them. Mr. LeLacheur expressed that it is time to look at and update our Entertainment License policies. There are a lot of new things that should be added in and changed. The board then went through and discussed which licenses they would like to see and which can stay delegated to the Town Manager. Regarding section 3.9 and waiving sales before 6 AM, the Board decided to keep those coming to the board so they can determine them on a case by case basis. The board had a discussion about section 3.11 regarding A- Frame signs. This is a lengthy section for such an item and Mr. Halsey explained this is far overregulated and should be condensed. The topic of Air BNB was brought up. Right now we have no regulations on it and are not exactly sure what we can and cannot regulate. The board decided to let Town Counsel explore options of how to proceed. KENO Policy Miyares and Harrington Associate Ivria Fried was present to explain the process of KENO licenses to the Board. The state is the one who actually issues the licenses. There are two types of KENO licenses. Someone who is a lottery agent can get one, which is typically a package store or convenient store and a restaurant. The applicant files an application directly with the state. The state is not required to notify the town about restaurant applications, however, they usually do. When someone applies to be a lottery agent the state will send the town a letter and give them time to object. The lottery commission can take into consideration the local board's recommendations but they don't have to. If the town wants to object to a lottery agent, the town must hold a public hearing and send the objection back to the state all within 21 days. Mr. Berman suggested just holding a hearing for every application but the Mr. Halsey noted he thinks that is unnecessary. The board discussed procedure and decided to determine whether they would hold a hearing on a case by case basis. If there are no objections from anyone on the board there is no Page 1 2 1 reason to hold a hearing. If there are some concerns, then the board can hold a public hearing and decide if they want to send an objection letter or not. Mr. Ensminger moved that the Board of Selectmen adopt the KENO policy as amended. The motion was seconded by Mr. Berman and passed with a 4 -0 -0 vote. Town Manager Goals Mr. LeLacheur presented the group with the finalized Town Manager goals for FY18. The group then discussed how they would like to break them up to be liaisons for. The determined they would all send Mr. LeLacheur their top preferences and he would delegate them as he saw fit. Board of Selectmen Survey The board reviewed the changed survey. It was noted they are going to use Survey Monkey to put it out. The board suggested instead of having some questions say `check all that apply', they should change it to 'pick your top 3'. Question 8 the board decided to add another option to the possible answers. Vanessa Alvarado noted question 5 is hard to follow so the board decided to change the wording to be more clear. She also noted question 7 inquiries about people's children; however she wanted an option for people without children. The board then discussed the timeline and distribution of the survey. They want to get it out as soon as the changes are made. They will post the link on the website and in the newspaper as well as send it out through various other channels of communication like newsletters and such. Minutes Mr. Ensminger made a motion to approve the minutes of June 27th, 2017 as amended. The motion was seconded by Mr. Berman and approved with a 4 -0 -0 vote. Mr. Ensminger move that the Board of Selectmen adjourn the meeting at 9:31 PM. The motion was seconded by Mr. Berman and approved with a 4 -0 -0 vote. Page 1 3 0