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HomeMy WebLinkAbout2024-09-10 Select Board Packet Town of Reading Meeting Posting with Agenda 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 2018-07-16 LAG Board - Committee - Commission - Council: Select Board Date: 2024-09-10 Time: 7:00 PM Building: Reading Town Hall Location: Select Board Meeting Room Address: 16 Lowell Street Agenda: Revised Purpose: General Business Meeting Called By: Caitlin Nocella on behalf of the Chair 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: Zoom Option: Join Zoom Meeting https://us06web.zoom.us/j/82648454959 Meeting ID: 826 4845 4959 Dial by your location • +1 646 558 8656 US (New York) • +1 646 518 9805 US (New York) Find your local number: https://us06web.zoom.us/u/kcW7zDeDxd PAGE # 7:00 Overview of Meeting 7:05 Public Comment 7:15 Select Board Liaison and Town Manager Reports 7:30 Haven Streetscape Discussion 3 8:00 Approve Shared Services Inter-Municipal Agreement: Middlesex-Essex Public Health Collaborative (North Andover, Andover, Reading, North Reading, Lynnfield and the City of Haverhill) 26 8:10 MBTA Communities Discussion (G.L. c.40A, s.3A), including review of potential rezoning proposal 41 Town of Reading Meeting Posting with Agenda 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 | 2 8:40 Presentation from the Town Forest Committee on proposed Town Meeting Warrant Articles to amend General Bylaw Sections 8.8.1.3 and 8.8.3.2 49 9:00 Approval of Land Damage Agreement with MassDOT involving MassDOT’s acquisition of Town owned property at 435 Main Street, Wilmington 67 9:10 Discuss Parking Kiosk Implementation/ Update 9:20 Appoint Associate Member Kevin Leete or Laura Noonan to the Recreation Committee as a full member 76 9:30 Review and Vote on Town Counsel Exemption Pursuant to G.L. c. 268A, §19(b)(1) for Charter Review 78 9:40 Future Meeting Agendas 82 9:50 Approve Meeting Minutes *Revised to correct typographical error. DOWNTOWN READING – PHASE 2 SELECT BOARD MEETING SEPTEMBER 10, 2024 Agenda •Introductions •Project Area •Benefit & Goals •Examples of how to Achieve these goals •Next Steps in the Design •Discussion Downtown Phase II | Town of Reading September 2024 Reading, MA Introductions Project Team Town of Reading Ryan Percival PE – Town Engineer Andrew MacNichol – Community Development Director BETA Group, Inc. Darshan N. Jhaveri, PE – Project Manager Scott Ridder – Landscape Architect Downtown Phase II | Town of Reading September 2024 Reading, MA Project Location Downtown Phase II | Town of Reading September 2024 Reading, MA HIGH STREET Downtown Phase II Scope of Work Additional Scope of Work (TBD) Maximize Landscape/Reduce Impervious Downtown Phase II | Town of Reading September 2024 Reading, MA NEW GREEN SPACE W/ TREE (TYP.)EXPANDED PLANTING AND SEATING AT EACH END OF HIGH STREET NEW LARGER PLAZA PAVERS AND TREES PAVERS AT PARKING AREA HIGH STREET TRAIN DEPOT Maximize Landscape/Reduce Impervious Downtown Phase II | Town of Reading September 2024 Reading, MA HIGH STREET NEW TREES NEW PLANTINGS RELOCATED GRANITE BENCH MIN. 5’ LEVEL POSSIBLE 5’ WIDE WALK TO MATCH EXISTING NEW BENCHES WITH COMPANION SEATING RAILROAD HMA PLATFORM BOLLARD & CHAIN Maximize Landscape/Reduce Impervious Downtown Phase II | Town of Reading September 2024 Reading, MA HAVEN STREET PROP. BRICK PAVERS PROP. STANDING RAIL PROP. RAISED INTERSECTION WITH SPECIAL PAVEMENT TREATMENT PROP. SEATING WALL BENCH EXIST. CLOCK PROP. CURB PLANTER 8’X8’ PROP. PAVERS TREATMENT PROP. BRICK CROSSWALK Pedestrian Walks & Crossing Improvements Downtown Phase II | Town of Reading September 2024 Reading, MA PROP. CROSSWALK (TYP.) EXIST. CROSSWALK (TYP.) RAISED INTERSECTION HIGH STREET Pedestrian Walks & Crossing Improvements Downtown Phase II | Town of Reading September 2024 Reading, MA PROP. CROSSWALK (TYP.) EXIST. CROSSWALK (TYP.) RAISED CROSSWALK (TYP.) HAVEN STREET NEW CROSSWALK LOCATION Vehicular & Traffic Improvements Downtown Phase II | Town of Reading September 2024 Reading, MA RETAIN LIGHT EXIST. CROSSWALK (TYP.) PROP. CROSSWALK (TYP.) HIGH STREET UPGRADE SIGNAL Vehicular & Traffic Improvements Downtown Phase II | Town of Reading September 2024 Reading, MA HIGH STREET FLUSH MEDIAN RAISED MEDAIN PROP. RRFB FOR PEDESTRAIN CROSSING CLOSE DRIVEWAY Lighting Considerations - Existing Downtown Phase II | Town of Reading September 2024 Reading, MA Main Street High Street Haven Street Lighting Considerations – Lexington, MA. Downtown Phase II | Town of Reading September 2024 Reading, MA Lighting Considerations – Proposed Fixtures Downtown Phase II | Town of Reading September 2024 Reading, MA Lighting Considerations – Proposed Fixtures Downtown Phase II | Town of Reading September 2024 Reading, MA Pedestrian Scale Roadway Scale Co-Space Activation & Placemaking Downtown Phase II | Town of Reading September 2024 Reading, MA Co-Space Activation & Placemaking Downtown Phase II | Town of Reading September 2024 Reading, MA Co-Space Activation & Placemaking Downtown Phase II | Town of Reading September 2024 Reading, MA Co-Space Activation & Placemaking Downtown Phase II | Town of Reading September 2024 Reading, MA Co-Space Activation & Placemaking Downtown Phase II | Town of Reading September 2024 Reading, MA Co-Space Activation & Placemaking Downtown Phase II | Town of Reading July 2024 Reading, MA Next Steps in the Process •Continue Stakeholder Engagement thru Summer of 2024 •Fine-tune Design Details •Secure Funding Fall 2024 •Bid in Winter 2024 •Construction 2025 - 2027 Downtown Phase II | Town of Reading September 2024 Reading, MA Discussion Downtown Phase II | Town of Reading September 2024 Reading, MA MEMORANDUM To: From: Annette Garcia, Middlesex-Essex Public Health Collaborative Shared Services Coordinator Date: RE: Inter-Municipal Agreement As you are likely aware, [MUNICIPALITY NAME] is a member of the Shared Service Arrangement (SSA) known as the Middlesex-Essex Public Health Collaborative funded through a Public Health Excellence for Shared Services (PHE) Grant from the Office of Local and Regional Health (OLRH). The PHE Grant program aims to increase cross-jurisdictional sharing of public health services to strengthen the service delivery capacities of local public health. The ensure effective sharing of resources, each municipality is required to agree to an Inter-Municipal Agreement (IMA). The IMA is being presented today for your approval and signature. Please see the IMA enclosed. 1 Inter-Municipal Agreement (IMA) for the Public Health Excellence for Shared Services Grant This Intermunicipal Agreement (hereinafter “Agreement”), is entered into by and between the Towns of North Andover, Andover, Reading, North Reading, Lynnfield and the City of Haverhill hereinafter referred to collectively as the “Municipalities,” and individually as a “Municipality,”: and North Andover in its capacity as Host Agent of the Middlesex-Essex Public Health Collaborative, (hereinafter referred to as the “MEPHC” or “The Collaborative”) this December 21 2023, as follows: WHEREAS, the Town of North Andover was awarded a Public Health Excellence for Shared Services grant by the Commonwealth of Massachusetts (the “Grant Program”) to create a cross-jurisdictional public health services sharing program consistent with the recommendations of the Special Commission on Local and Regional Public Health’s (SCLRPH) June 2019 Report; WHEREAS, the purpose of the Grant Program is to implement the recommendations made in the SCLRPH’s June 2019 Report by increasing local public health capacity through cross-jurisdictional shared services programs and agreements. The 2019 Blueprint for Public Health Excellence is incorporated by reference. WHEREAS, each of the Municipalities offers public health services and resources and desires to increase its capacity to provide said services and resources and improve regional public health and meet performance standards set by the Commonwealth by entering this Agreement. WHEREAS, the Town of North Andover entering into an agreement with the Commonwealth of Massachusetts governing its participation in the Grant Program, is willing and able to manage the administrative obligations of the Grant Program through its Director of Public Health, who shall hereinafter be referred to as the “Program Manager”; WHEREAS each Municipality has authority to enter into this Agreement pursuant to M.G.L. c. 40, §4A; NOW THEREFORE, the municipalities, in mutual consideration of the covenants contained herein, intending to be legally bound thereby, agree under seal as follows: 1. The Public Health Services Collaborative. There is hereby established a collaborative of the Municipalities to be known as the Middlesex-Essex Public Health Collaborative which shall hereinafter be referred to as the “Collaborative” or “MEPHC.” The Collaborative, acting by and through an advisory board (“Advisory Board”) as established in Section 5 of this Agreement, and the Program Manager will coordinate, manage, and direct the activities of the parties with respect to the subject matter of the Grant Program, this Agreement, and the agreement between the North 2 Andover Health Department and the Commonwealth of Massachusetts, attached hereto as Exhibit A, the terms of which are expressly incorporated herein and shall bind all parties hereto, and any other programs and services related thereto. The purpose of the Collaborative is to design and implement a program by which the public health staff and resources of the Collaborative are shared such that cross- jurisdictional services, investigations, enforcement, and data reporting may be carried out and the public health and safety of the Municipalities may be better protected (the “Shared Services Program”). 2. Term. The term of this Agreement shall commence on the date set forth above and shall expire when the funds for the Grant Program are no longer available, or when terminated in accordance with this Agreement, but in no event shall the Term of this Agreement exceed three (3) years unless permitted by statute. Nothing herein shall be interpreted to prevent the Municipalities from extending the term of this Agreement beyond the exhaustion of the Grant Funds with the written consent of all parties hereto. 3. Lead Municipality. During the term of this Agreement, the Town of North Andover, acting as the “Lead Municipality,” shall oversee the Grant Program and the shared services program provided for herein (the “Shared Services Program”). As the Lead Municipality, the Town of North Andover shall act for the Collaborative with respect to all grant applications to be submitted and gifts and grants received collectively by the Municipalities. The Town of North Andover, shall act as the Municipalities’ purchasing agent pursuant to G.L. c. 7, §22B, for all contracts duly authorized by the Advisory Board, established pursuant to Section 5 of this Agreement, to be entered into collectively by the Municipalities. Final approval of any such contract is subject to approval of the Advisory Board appropriation by each Municipality, to the extent required. 4. Shared Services Coordinator. The Town of North Andover, as Lead Municipality, shall hire and employ a Shared Services Coordinator, who may or may not be the North Andover’s Director of Public Health, and, through the Shared Services Coordinator and its Health Department, shall perform all necessary fiscal and administrative functions necessary to provide the services contemplated under this Agreement, and shall be the holder of all grant funds related to the Grant Program, and shall retain up to 15% of the funds received annually through the Grant Program for wages and resources related to the performance of such duties, in accordance with the Grant Program Scope of Services, attached hereto as Exhibit B and incorporated herein. The Shared Services Coordinator shall report to the Advisory Board and shall keep records of all funding and expenditures for review by the Board, and provide periodic financial status updates. For the purposes of employment status and health, retirement and other benefits, and immunities and indemnification as provided by 3 law, the Shared Services Coordinator and any Town of North Andover staff working on behalf of the Collaborative or the Advisory Board shall be considered employees of North Andover and shall be accorded all benefits enjoyed by other North Andover employees within the same classification as they are or shall be established. 5. Advisory Board There shall be an Advisory Board which shall be convened not less than quarterly by the Advisory Board Chair/Co-Chairs. The first meeting of the Advisory Board will be convened by the Shared Services Coordinator, or North Andover’s Director of Public Health, at which time the Advisory Board shall organize and elect from its voting members a Chair or Co-Chairs and other officers as the Advisory Board deems appropriate. The Advisory Board shall reorganize each fiscal year and as needed if a member officer leaves the Advisory Board prior to the end of a fiscal year. a. Composition: one member and one alternate, both appointed by the Board of Health from each municipality. One representative from each municipality shall be a full voting member whose term shall be as determined by each municipality’s local Board of Health. The voting member shall be a Board of Health member or designee of that municipality’s Board of Health. The second representative shall be an associate member who shall sit on the Advisory Board as a full member and may vote only when the full member is not in attendance. Each municipality shall maintain its individual local Board of Health, which shall retain its own legal authority and autonomy as provided by law. After three unexcused absences by the Board member or designee, the municipal Board of Health shall elect a new representative. b. Voting: One municipality, one vote. Every voting member shall have an equal voice in determining shared priorities, and services to be provided. The Shared Services Coordinator will be a non-voting member of the Advisory Board; however, in the event of a tie would be permitted to cast a deciding vote. c. Quorum: A majority of the voting members of the Advisory Board shall constitute a quorum for the purposes of transacting business. The Advisory Board may act by a simple majority of members present and voting unless otherwise provided herein. d. Roles and Responsibilities of the Advisory Board: 1) Meet on a regular basis and at least quarterly. 2) Develop annual and long-term goals for the Collaborative. 3) Advise on Collaborative staff priorities. 4) Collaborate in developing a sustainability plan for MEPHC. 5) Adopt any Collaborative-wide policies and recommended regulations. 6) Review and provide recommendations on operating budgets. 7) Assure compliance with all mandatory reporting requirements as proscribed by the Department of Public Health (“DPH”) and Office of Local and Regional Health (“OLRH”). 4 8) Assure attendance at monthly or other grant holder meetings convened by DPH and OLRH 9) Review financial status and financial statements provided by the Shared Services Coordinator. 10) Review and provide recommendations on reports from staff. 11) Hire, evaluate and terminate staff. e. Meetings. The Advisory Board shall meet no less than quarterly and may schedule additional meetings, as necessary. All meetings shall be conducted in compliance with the Massachusetts Open Meeting Law M.G.L. c. 30A, §§ 18-25 as may be amended from time to time if required. 6. Shared Services Program Participation. Each Municipality as part of this Agreement shall participate in the Shared Services Program as follows: a. Each Municipality will consent to the Collaborative’s duly-authorized agents and representatives exercising the powers provided for herein and by the Advisory Board within the boundaries of said Municipality, and will direct its agents and employees to work in good faith with the Collaborative’s health agents, nurses, and any other employees the Collaborative may employ from time to time. Collaborative Staff shall be appointed as Agents by each Board of Health, to act in the community under the direction of the jurisdiction’s Health Director or Agent. b. Each Municipality will be a member of the Advisory Board as established pursuant to this Agreement, and appoint and maintain two Advisory Board representatives at all times. c. Each Municipality will use best efforts to ensure that a representative of the Municipality will attend all Advisory Board meetings (either in-person or via remote access) throughout the life of this Agreement. d. Each Municipality will use best efforts to ensure that a representative of the Municipality will attend all training sessions which are offered in conjunction with the Grant Program geared towards stakeholders under the Program, as required by the DPH or its representative. e. Each Municipality will assist in collecting the necessary data as agreed to by the Advisory Board and pursuant to the data reporting policy established pursuant to Section 5 of this Agreement to help meet the goals of the Shared Services Program and the Grant Program. The data collection provided for herein will include, but not be limited to, reporting to the Advisory Board, through the Shared Services Coordinator, public health outcomes and services related to the Shared Services Program and the Collaborative’s agents and nurses. 5 f. Each Municipality will request from the appropriate legislative body appropriation for any services, costs and expenses associated with the Collaborative and not covered by the Grant Program. Notwithstanding this provision or any other terms of this Agreement, no party shall be obligated to incur any financial cost above the amount made available herein through grants and gifts or other sources, unless the financial obligation is supported by an appropriation made in accordance with law. g. Each Municipality will help promote and market the Shared Services Program and its services within their community. 7. Payment and Funding. Pursuant to G.L. c. 40, §4A, any funds received by the Shared Services Program, Advisory Board, or the Town of North Andover pursuant to this Agreement, shall be deposited with the treasurer of the Town of North Andover and held as a separate account and may be expended, with the approval of the Advisory Board, under the provisions of G.L. c. 44, §53A, for contribution toward the cost of the Shared Services Program and in compliance with established grant guidelines from grantors only. The Advisory Board may authorize a disbursement of funds for any shared contractor, salary or wages consistent with the terms of this Agreement, and/or for any program, service or benefit that is consistent with the terms of this Agreement. Except for the 15% of Grant Program funding for administrative costs that the Town of North Andover may retain pursuant to Section 4 of this Agreement, a Municipality may draw on grant funds individually, with prior approval by the Advisory Board, and provided such funds are available, by submitting invoices to the Program Manager for reimbursement from the funds, for expenditure consistent with the purposes of the Shared Services Program and applicable grant funding guidelines. The Town of North Andover, as the holder of Grant Program funds, will pay the invoice within 30 days, subject to the availability of funds; provided, however, that the Town of North Andover shall not be obligated to supply any funding or incur any cost in excess of the amounts made available to the Advisory Board and the Shared Services Program through the Grant Program and/or any other and gifts, grants, or other sources appropriated for the purposes of this Agreement. Individual municipal costs incurred outside the scope of this Agreement and specific to the needs of that Municipality will be borne solely by that Municipality. Any funds contributed by the Grant Program shall only be used for shared public health services consistent with the purposes of this Agreement. 6 Annually, the Advisory Board will develop and approve a public health services budget for contractual shared services. The budget shall include any anticipated assessments to member municipalities necessary to fund the budget and be transmitted to each municipality on or before the 15th of December for the coming fiscal year in July. Each fiscal year budget is incorporated by reference for the applicable fiscal year. Initially, these services are funded by a 3-year Public Health Excellence Grant from the Department of Public Health administered by the Town of North Andover. It is the intention of the Program Manager to seek additional grant funds to sustain these services but if that is unsuccessful, participating Municipalities will revisit this Agreement and determine whether they will allocate municipal funds to continue participation. The Shared Services Coordinator will provide each Municipality with sufficient notice to allow that Municipality’s funding authority to authorize any such expenditure. Until grant funds are expended, there will be no cost to participating municipalities. Execution of this Agreement does not obligate any Municipality to the Grant Program and a mutually acceptable written contract amendment would be required to do so. Pursuant to G.L. c. 40, §4A, any party may, but shall not be required to, raise money by any lawful means to further the purposes of the Shared Services Program and any such funds shall be held by North Andover and expended pursuant to the terms of this Agreement. 8. Other Municipal Services. The Municipalities of the Collaborative may request the Advisory Board to add or remove associated services to be delivered as part of the Shared Services Program, and such shall take effect only until this Agreement is so amended in writing and approved by each Municipality. The Municipalities are not limited exclusively to the Grant Program and are not required to use all services of the Grant Program. Municipalities may apply for other grants outside the Collaborative. The Collaborative through a vote of the Advisory Board may apply for other grants, opportunities, funds, and awards for shared services on behalf of the Municipalities. The Advisory Board must approve any and all grants or grant applications submitted as a Collaborative. The Advisory Board may appoint other Municipalities to act as host agencies for these other grant opportunities and the Municipalities agree that this Agreement shall be amended to account for any associated grant terms and conditions. 9. Employees. Employees and personnel of each Municipality providing services pursuant to this Agreement shall be deemed employees of their respective Municipalities, and not regional employees or employees of any other Municipality. An employee who performs services, pursuant to this Agreement on behalf of another member Municipality, remains an employee of the employee’s Municipality for 7 purposes of employment status and health, retirement, insurance coverage and other benefits, and immunities and indemnification as provided by law. Said Municipal employee shall retain all accrued benefits and shall be subject to standard hiring and personnel practices of such municipality. 10. Indemnification & Insurance. Pursuant to MGL c. 40, s. 4A, each party shall be liable only for the acts and omissions of its own employees and not for the employees of any other municipality or agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be afforded to it by operation of law. Should the Collaborative or a Municipality incur any liabilities on behalf of the Grant Program such as unemployment insurance or other unforeseen expenses, each of the member municipalities will proportionally share in the liability for such expenses. To the fullest extent permitted and as limited by law, the Collaborative and the Municipalities mutually agree to defend, indemnify and hold each other harmless against all claims for bodily injury, death or property damage caused by the acts or omissions of the Collaborative or any of the Municipalities. The Collaborative shall obtain and keep in full force and effect public liability insurance in the amount of One Million ($1,000,000) Dollars combined single limit per occurrence and Three Million ($3,000,000) aggregate for bodily injury, death and property damage claims against the Collaborative. The Municipalities shall be included as additional insureds under such policy on a primary and non-contributory basis. 11. Entrance. Any municipality may petition the Collaborative to join this Agreement to the extent permitted by the grants. In order to approve the addition of a new entity to the Agreement for the Grant Program, the Department of Public Health and no less than a two-thirds vote of the Advisory Board shall be required to approve said entrant. 12. Withdrawal. Any Municipality other than the Lead Municipality, by a vote of its respective authorizing Select Board or Chief Executive Officer and Board of Health, may withdraw from this Agreement with the provision of at least three (3) months prior written notice to the Lead Municipalities. Withdrawal requires the vote of both the Select Board or Chief Executive Officer and the Board of Health. Upon such withdrawal, the Shared Services Coordinator shall prepare full statements of outstanding unpaid financial obligations under this Agreement and present the same to the terminating Municipality for payment within thirty (30) days thereafter. 8 Municipalities shall notify the Collaborative of their intent to withdraw on or before February 1st of any year in which they are timely provided a Collaborative Budget under section 7 of the Agreement to avoid any assessments for Collaborative operating costs not covered by the Grant Program. For special assessments made after February 1st of any year, municipalities will be given no less than 30 days' notice of said assessment and may withdraw in lieu of payment. To the extent permitted by the Grant Program and its agreement with the Commonwealth of Massachusetts pursuant thereto, the Lead Municipality, by a vote of its Select Board or Chief Executive Officer and Board of Health, may withdraw from this Agreement upon the provision of at least three (3) months prior written notice to the participating Municipalities and the Advisory Board, and a new Lead Municipality shall thereafter be designated by the Advisory Board, by a vote of the representatives of the remaining parties. Prior to the effective date of its withdrawal, the Lead Municipality shall transfer all funds held pursuant to this Agreement to the new Lead Municipality as designated by the Advisory Board and pay any outstanding unpaid financial obligations under this Agreement within thirty (30) days thereafter. Any Municipality may withdraw at the end of any fiscal year in which the Municipality’s legislative body has not appropriated funds sufficient to support that Municipality’s continued participation in the subsequent fiscal year if such funds are required. In such an event, the Municipality shall give as much notice to the other Municipalities to this Agreement as the circumstances allow. The Advisory Board, by vote of the remaining members, has the authority to reallocate grant funding or other outside funding that would have been allocated to the Municipality that has left the Agreement. Any data collected from the terminating Municipality through a Shared Services Program project, service, or program will remain with the Advisory Board for analysis by the Program Manager and the Advisory Board. 13. Termination. This Agreement may be terminated by a vote of a majority of the Municipalities’ representatives of the Advisory Board, at a meeting of the Advisory Board called for that purpose; provided that the representative’s vote has been authorized by the Municipality’s appointing authority. Any termination vote shall not be effective until the passage of at least sixty (60) days and until the Municipalities have agreed to an equitable allocation of all remaining costs, expenses and assets. 14. Conflict Resolution. The Advisory Board may hold additional meetings to discuss and resolve any conflicts that may arise including, but not limited to, disagreements regarding the needs of each Municipality, administration of the shared services programs, the terms of this Agreement, data reporting and any other matters the parties deem necessary. In the event that a resolution cannot be met during an Advisory Board meeting, the group may choose to enter Mediation facilitated by a 9 neutral third party. The mediator shall be selected by the Lead Municipality and all member communities shall be in agreement. Each participating municipality shall cover the cost of their participation in any mediation services. In the event that mediation is unsuccessful, parties may seek appropriate action in a court of competent jurisdiction in the Commonwealth of Massachusetts. 15. Financial Safeguards. The Lead Municipality shall maintain separate, accurate, and comprehensive records of all services performed for each of the Municipalities, and all contributions received from the Municipalities. 16. Assignment. None of the Municipalities shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of all of the other Municipalities. 17. Amendment. This Agreement may be amended only in writing pursuant to an affirmative vote of all Municipalities’ appointing authority. 18. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. 19. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. 20. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement, and shall not affect the interpretation of this Agreement. 21. Non-Discrimination. Neither the Lead Municipality nor the Municipalities shall discriminate against any person because of race, color, religious creed, national origin, gender, ancestry, sexual orientation, age, handicap, gender identity, genetic information, military service, or any other protected class under the law with respect to admission to, access to, or operation of its programs, services, or activities. 22. Notices. Any notice permitted or required hereunder to be given or served on any Municipality shall be in writing signed in the name of or on behalf of the Municipality giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or seven(7) calendar days after the date of any properly addressed notice sent by mail as set forth below: Town of Andover: 10 Thomas G. Carbone, Director of Public Health 36 Bartlet St Andover, MA 01810 Phone: 978-623-8640 Email: Thomas.carbone@andoverma.us Town of Reading: Adetokunbo Solarin, Director of Public Health 16 Lowell St Reading, MA 01867 Phone: 781-942-6653 Email: asolarin@ci.reading.ma.us Town of North Reading: Robert F. Bracey, Director of Public Health 235 North St North Reading, MA 01864 Phone: 978-357-5242 Email: bbracy@northreadingma.gov Town of Lynnfield: Coral Hope, Health Director 55 Summer St Lynnfield, MA 01940 Phone: 781-334-9481 Email: chope@town.lynnfield.ma.us City of Haverhill: Richard MacDonald, Inspectional Services Director 4 Summer St, Room 214 Haverhill, MA 01830 11 Phone: 978-374-2338 Emailrmacdonald@cityofhaverhill.com Town of North Andover, Host Agent: Brian LaGrasse, Director of Public Health 120 Main St North Andover, MA 01845 Phone: 978-668-9540 Email: blagrasse@northandoverma.gov 23. Complete Agreement. This Agreement constitutes the entire Agreement between the Municipalities concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the Municipalities concerning the subject matter hereof. Each Municipality acknowledges that it has not relied on any representations by any other Municipality or by anyone acting or purporting to act for another Municipality or for whose actions any other Municipality is responsible, other than the express, written representations set forth herein. WITNESS OUR HANDS AND SEALS as of the first date written above. _____________________________________ ______________________________ Town of Andover Select Board Date _____________________________________ ______________________________ Town of Andover Board of Health Date _____________________________________ ______________________________ Town of Reading Town Manager Date _____________________________________ _____________________________ Town of Reading Board of Health Date 12 _____________________________________ _____________________________ Town of North Reading Select Board Date _____________________________________ _____________________________ Town of North Reading Board of Health Date _____________________________________ _____________________________ Town of Lynnfield Select Board Date _____________________________________ _____________________________ Town of Lynnfield Board of Health Date _____________________________________ _____________________________ City of Haverhill City Council Date _____________________________________ _____________________________ City of Haverhill Board of Health Date _____________________________________ ______________________________ Host Town of North Andover Select Board Date _____________________________________ ______________________________ Host Town of North Andover Board of Health Date 13 EXHIBIT A 14 EXHIBIT B The Municipalities will share the following services in coordination with member municipalities: ● A Shared Services Coordinator (Administration) to manage all fiscal management and reporting responsibilities related to the Public Health Excellence Grant and all other grants applied to and received on behalf of the MEPHC. ● A Shared Services Coordinator (Management) to oversee the daily training and assignment of shared services staff. This coordinator would also manage all program planning and evaluation activities as outlined by the work plan and the Municipalities. ● A Shared Services Coordinator (Food/ Environmental) to perform routine food, Fats, Oil and Grease (FOG), and other environmental inspections as assigned by the Municipalities when the Regional Public Health Inspector is unavailable or insufficient to meet local needs. This inspector would assist each Municipality to meet required inspections per year as determined by the food code and create a consistent inspectional framework for mobile food services. Additional environmental health inspection services may be requested. ● A Regional Public Health Inspector (Housing) to manage and inspect tenant complaints, hoarding situations, lead law compliance, and other housing-related situations and connect residents to necessary support services. The Inspector will assist with any court- related action necessary as the Municipality’s representative. ● A Regional Public Health Inspector (Food/Environmental) to perform routine food, Fats, Oil and Grease (FOG), and other environmental inspections as assigned by the Municipalities. This inspector would assist each Municipality in meeting required inspections per year as determined by the food code and create a consistent inspection framework for mobile food services. Additional environmental health inspection services may be requested. ● A Regional Public Health Nurse (Disease Reporting/ Investigation) to perform routine disease investigation and follow-up activities. This public health nurse would assist each Municipality to ensure all disease investigation and reporting timelines are met. ● A Regional Public Health Nurse (Immunization) to perform immunization-related duties as assigned by the Municipalities. Immunization duties may include routine immunizations and emergency immunizations. ● A Regional Public Health Nurse (Health Promotion) to perform health promotion-related duties as assigned by the Municipalities. These duties may include, but are not limited to, assisting in health fairs, blood pressure clinics, podiatry clinics, and health education events. ● A Regional Health Communications Specialist to perform routine health communications activities. These duties may include, but are not limited to, website maintenance, social media management, pamphlet development, and strategic partnership building. Select Board 9/9/24 TIMELINE & PROCESS June and July Public Forum Presentation and Workshops 1. Resulted in 4 concepts to build arounda. Planning staff drafted Memo summarizing discussions and community preferences from forum 2. CPDC and Staff summarizing the two remaining recommended concepts tonight3. The final concept will be included on the November Town Meeting warrant4. “Narrowing the Concepts” Process Maintains existing Downtown 40-R District zoning as is Takes credit for some of Reading’s existing density at Reading Commons and Gazebo Circle/Summit Towers. Considerations of additional density in these areas Concept 1: A-80 Expansion Min. Lot Size Min. Frontage Front Setback Rear Setback Side Setback Lot Coverage Height Landscape Parking Max. Density BUS-B/ DSGD 6,000 50 0 15 15 -3 0%1.6 20 A-80 Expansion 80,000 120 20 20 20 70%4 20%2.0 30 Zoning Controls MODEL RESULTS GROSS ACRES: 98 UNIT CAPACITY: 1,530 EXISTING UNITS: 1,025 DU/AC: 15.6 Key Notes: Downtown 40R Maintained as is. New controls and density proposed in A-80 expansion areas. Write expecting future development. Downtown Upzone within the existing Downtown Smart Growth District (DSGD) zoning geography. Can capture near two-thirds of Unit Capacity and meet the 1/2-mile acreage percentage. Allows us to maintain the 20-25% Affordability requirement for 40R developments within the area. Promotes growth and fits in with existing forms and characteristics of the Downtown. Main Street Allows additional multifamily use where it already exists today. Require Affordable Units for 10-15% Affordable Units (on 13+ unit projects) Several parcels that are favorable for redevelopment. Linear corridor connections with revitalization. Concept 2: Main Street + Downtown Zoning Controls Key Notes: Min. Lot Size Min. Frontage Front Setback Rear Setback Side Setback Lot Coverage Height Landscape Parking Max. Density BUS-B/ DSGD 0sf 50ft 5ft 0ft*0ft*NA 3 5-10%1.25 35 Main Street 10,000 60ft 10ft 20ft 10ft 70%3 20%1.25 20 MODEL RESULTS GROSS ACRES: 99.7 UNIT CAPACITY: 1,636 EXISTING UNITS: 706 DU/AC: 18.5 Mimic Existing DSGD and Mixed-Use Regulations as close as possible Identify best use of setbacks for separation from residential Establish proper density bonuses for mixed-use and other town needs Public Hearings Monday September 16 at 7:00 pm Thursday September 19 at 7:00 pm Purpose: to review the proposed zoning bylaw amendments in advance of November Town Meeting. These hearings will review the bylaw text for the proposed MBTA Communities district, including multi-family housing uses and controls, and business uses and controls. Changes may include amending the existing zoning district boundaries or creating new zoning districts and amending applicable sections. Public Info Sessions Looking to offer Day Time Open Hours to discuss final concept Purpose: to make sure as many people as possible, including Town Meeting members, are familiar and aware of the upcoming warrant article and what it means Looking to offer Precinct/Town Meeting member meetings Town Forest Committee Town Meeting Warrant Items Reading Select Board September 10, 2024 Town Forest Committee Update on Status and Next Steps; and Town Meeting Warrant Items Report on dead pine tree removal Report on invasive plant control Town Meeting request for funding to continue removal of dead pine trees and control of invasive plants Town Meeting request to modify the General Bylaw to address public safety concerns regarding the number of off-leash dogs per handler in the the Town Forest Red pine trees in the Town Forest are dying due to climate change, and invasive plants are widespread Item 1: Dead Red Pine Trees Red pine trees were planted starting in the 1930s as a resource to be periodically harvested Red pines are suited for more northern latitudes Climate change has stressed the red pines This stress makes the red pines vulnerable to fungus and insects such as pine scale Need to remove the dead trees before they fall and potentially injure users of the Town Forest or catch on fire Reading Town Forest Dead Tree Removal Program by Phase Work to Date: Phase 1 removed dead trees on 4.5 acres in January 2020 at a cost of $28,400 (Town funds) Phase 2 another 4.5 acres at a cost of $22,900 January 2022 (Town funds with a $10,000 grant from DCR) Phase 3 another 4.8 acres at a cost of $36,493 November 2022 (ARPA funds with a $10,000 grant from DCR) Projects were bid and managed by Reading DPW Scouts have replanted hundreds of trees Thank You Troop 702! Item 2: Invasive Plants Invasive plants such as buckthorn, Japanese knotweed, tree of heaven and black swallow-wort have become firmly established in the Town Forest The adjacent Compost Center is a reservoir of invasives that will spread into the Town Forest If not controlled now, native plants will be crowded out and the Town Forest will be a tangle of invasive plants Tree of Heaven Black Swallow-wort Japanese Knotweed Buckthorn Invasive Plants Work to Date: Volunteer buckthorn pulling by Scouts, Town residents and others such as Amazon Robotics Phase 1 treatment June 2022 at a cost of $9,545 (Town funds) Phase 2 treatment November 2023 at a cost of $44,000 (ARPA funds) Phase 3 treatment May 2024 at a cost of $9,240 ($6,930 DCR grant and $2,310 Town funds) Phase 4 treatment August 2024 at a cost of $9,800 (ARPA funds) Invasive Plant Inventory and Management Plan Next Steps – Town Meeting Funding Phase 4 of the dead tree removal program for Areas 5, 12 and 13 Cost estimate is $60,000 Should be the last major phase DCR has approved a $10,000 grant for this work leaving a need for $50,000 in Town funds Phase 5 of the invasive plant control program Cost estimate is $100,000 Should be the last major phase (future maintenance will be required) Grant funding will be sought Total November Town Meeting warrant request is $150,000 Summary of Items 1 and 2 for Town Meeting Funding Dead Trees Invasive Plants Work to Date: 13.8 acres cleared at a cost of $87,793 ($41,300 in Town funds and $46,493 in ARPA and DCR grants) About 40% of the areas in the Invasive Plant Management Plan completed at a cost of $72,585 ($11,855 in Town funds and $60,730 in ARPA and DCR grants) Work for which Funding is Needed: 5.1 acres remaining, with limited access at an estimate cost of $60,000 ($50,000 in Town funds and a $10,000 grant approved by DCR) Remaining 60% of the areas in the Invasives Plan at an estimated cost of $100,000 (grants will be sought) Future maintenance will be required Item 3: Concern with Number of Dogs off-leash per handler Continuing complaints about conflicts between commercial dog walkers with multiple off-leash dogs and the public Current Bylaw allows dogs to be off-leash when under voice control A Facebook post by one commercial dog walker said that: “I’m a dog walker there [Town Forest] and I bring in 8 off leash and they are all under voice control. There are a lot of people on the trail who are very mean and will treat you this way. I deal with it everyday – just do your own thing and ignore them!” Residents’ safety concerns should not be ignored Some members of the public feel threatened by large groups of unleashed dogs The Town Forest is not a dog park The Town Forest Committee investigated policies in other towns What do our Neighboring Towns Do? City/Town Policy Andover Dogs must be leashed when in a public place except in a designated dog park. Billerica Dogs must be leashed when in a public place. Burlington Dogs must be leashed or obedient to command when in a public place. Lexington Dogs must be under control by means of a leash or by effective command. A person may not be responsible for more than 2 dogs. Lynnfield Dogs must be leashed or obedient to command when in a public place. Melrose Dogs must be leashed when in a public place. Middleton No town leash law. ACO authorized to require owners to leash dogs North Andover Dogs must be leashed when in a public place. North Reading Dogs must be leashed when in a public place. Reading Dogs must be leashed when in a public place. However, it may be under effective voice control when within the Town Forest or on conservation lands Saugus Dogs must be leashed when in a public place except in a designated dog park. Stoneham Dogs must be leashed when in a public place. Tewksbury Dogs must be leashed when in a public place. Wakefield Dogs must be leashed when in a public place except in a designated dog park. Wilmington Dogs must be leashed when in a public place except in a designated dog park. Woburn Dogs must be leashed when in a public place. What do our Neighboring Towns Do? City/Town Policy Andover Billerica Burlington Lexington Lynnfield Melrose Middleton North Andover North Reading Reading Saugus Stoneham Tewksbury Wakefield Wilmington Woburn 15 Neighboring Towns: 11 require dogs to be leashed in public except in a dog park 4 allow for dogs to be off leash in a public place if obedient to command Proposed Bylaw Amendment Article _____: Expand and clarify the definition of Effective Voice Control of an animal To see if the Town will vote to amend Section 8.8.1.3 Effective Voice Control as follows: Effective Voice Control An animal shall be deemed to be “under effective voice control” if it is (i) within the handler’s sight, (ii) refrains from aggressive behavior, (iii) comes immediately when called by its handler, and (iv) the handler is carrying a leash per dog. Aggressive behavior is any behavior that would cause a reasonable person to believe the dog poses an unjustified imminent threat of physical injury to a person or another dog, including but not limited to jumping on, repeatedly barking at, or approaching any person without their consent. Article _____: Control of off-leash dogs in the Town Forest To see if the Town will vote to amend Section 8.8.3.2 of the General Bylaws by (1) inserting a new Section 8.8.3.2.3, as follows: Town Forest The maximum number of off-leash dogs shall not exceed two per handler in the Town Forest. Any dog that does not remain under effective voice control, as defined in Section 8.8.1.3, must be placed on a leash or removed from the Town Forest immediately. Dog waste must be removed in accordance with Section 8.8.3.3. Dogs must be leashed when entering or exiting the Town Forest. Visitors who do not abide by these rules may be required to leave the Town Forest, in addition to any enforcement action provided for under G. L. c.40, §21D and Section 1.8 of these Bylaws. Summary Dead trees have been removed from 13.8 acres to date November Town Meeting funding request for $50,000 for Phase 4 Reading Fire Department supports removal of the dead trees Invasive plant control on the Town Forest trails was substantially completed following the Invasive Plant Management Plan November Town Meeting funding request for $100,000 for Phase 5 to address invasive plants on the Town Forest access roads November Town Meeting request to amend the General Bylaw on animal control to improve public safety and reduce negative interactions between dogs and residents The proposed change to the animal control Bylaw was reviewed by Town Counsel, was approved by the Bylaw Committee, and is supported by the Reading Public Health Department and Animal Control Officer Chief Gregory J. Burns Reading Fire Department 757 Main Street Reading MA 01867 Tel: 781.944.3132 Fax: 781.942.9114 www.readingma.gov HEADQUARTERS READING FIRE DEPARTMENT READING, MASSACHUSETTS 01867 William Sullivan Reading Town Forest Committee Town of Reading 16 Lowell Street Reading, MA. 01667 Sir, On July 10, 2024, I met with Mike Hannaford at the Town Forest and viewed sites that contained deceased red pines. These large areas contained trees that had already fallen or were in decay posing a significant fire hazard. The added fuel caused by these decaying and downed trees will accelerate a fire and potentially overwhelm our resources. Additionally, many of these areas encroached existing trails, increasing the safety risk to anyone using the trails. We talked about the work that has been completed and the plan to do remedial removal of these remaining red pines in various areas within the Town Forest. For the reasons stated above, the Fire Department would be fully in favor of this work, to not only reduces the fire hazard but the potential safety hazard to the many residents that enjoy the Town Forest. Thank you, Richard Nelson Assistant Fire Chief Reading Fire Department 757 Main Street Reading, MA 01867 Cc: Chris Cole, Public Works Director Mike Hannaford, Parks, Forestry, Cemetery Supervisor William Sullivan, Chair, Town Forest Committee Chief Gregory J. Burns, Fire Chief “We’re Your Friends for Life” Bill Sullivan, Chair Nancy Docktor Bill Hughes Tim Kirwan Jeff Lamson Christine Lusk Reading Town Forest Committee Proposed Changes to the Reading General Bylaws as Approved by the Bylaw Committee on 1/10/2024 and the Town Forest Committee on 1/24/2024 Article _____: Expand and clarify the definition of Effective Voice Control of an animal To see if the Town will vote to amend Section 8.8.1.3 Effective Voice Control as follows: Effective Voice Control An animal shall be deemed to be “under effective voice control” if it is (i) within the handler’s sight, (ii) refrains from aggressive behavior, (iii) comes immediately when called by its handler, and (iv) the handler is carrying a leash per dog. Aggressive behavior is any behavior that would cause a reasonable person to believe the dog poses an unjustified imminent threat of physical injury to a person or another dog, including but not limited to jumping on, repeatedly barking at, or approaching any person without their consent. Article _____: Control of off-leash dogs in the Town Forest To see if the Town will vote to amend Section 8.8.3.2 of the General Bylaws by (1) inserting a new Section 8.8.3.2.3, as follows: Town Forest The maximum number of off-leash dogs shall not exceed two per handler in the Town Forest. Any dog that does not remain under effective voice control, as defined in Section 8.8.1.3, must be placed on a leash or removed from the Town Forest immediately. Dog waste must be removed in accordance with Section 8.8.3.3. Dogs must be leashed when entering or exiting the Town Forest. Visitors who do not abide by these rules may be required to leave the Town Forest, in addition to any enforcement action provided for under G. L. c.40, §21D and Section 1.8 of these Bylaws. and (2) Renumbering the remaining section accordingly; or take any other action with respect thereto. From:Kraunelis, Matthew To:Nocella, Caitlin Cc:LaVerde, Jacquelyn; Percival, Ryan Subject:FW: Wilbraham - Woburn Main Street Project Date:Thursday, September 5, 2024 1:26:44 PM Attachments:image001.png Hi, below is the email that should also be included in the packet regarding the Wilmington land.… From: Codella, Brenda J (DOT) <brenda.j.codella@dot.state.ma.us> Sent: Monday, July 22, 2024 9:18 AM To: Kraunelis, Matthew <mkraunelis@readingma.gov> Subject: Wilbraham - Woburn Main Street Project Hello Mr. Kraunelis, Below is a description of the above-mentioned project where Reading owns a parcel being affected. PROJECT DESCRIPTION: THE WORK UNDER THIS CONTRACT CONSISTS OF IMPROVEMENTS TO ROUTE 38 (MAIN STREET) IN THE TOWN OF WILMINGTON AND CITY OF WOBURN. THE PROJECT BEGINS AT THE INTERSECTION OF ROUTES 38 AND ROUTE 62 IN WILMINGTON AND ENDS AT THE INTERSECTION OF MAIN STREET AND BREED AVENUE IN WOBURN, A DISTANCE OF APPROXIMATELY 11,546 FEET. THE PROJECT INCLUDES GEOMETRIC IMPROVEMENTS; FULL DEPTH PAVEMENT RECONSTRUCTION; WIDENING TO PROVIDE BIKE LANES IN EACH DIRECTION; A NEW TRAFFIC SIGNAL AT CROSS STREET; SIGNAL UPGRADES TO THE INTERSECTIONS AT CHURCH STREET AND ROUTE 129 (LOWELL STREET); MATCHING INTO APPROACHES FOR THE REPLACEMENT BRIDGE OVER THE MBTA RAILROAD THAT IS TO BE PERFORMED UNDER A SEPARATE CONTRACT; EXCAVATION; PAVEMENT MILLING AND BOX WIDENING; PAVEMENT RESURFACING; INSTALLING NEW DRAINAGE STRUCTURES AND PIPE; INSTALLING A NEW WATER MAIN, WETLAND AREA REPLICATION; INSTALLING NEW GRANITE CURB; REMOVING AND RESETTING EXISTING GRANITE CURB; CONSTRUCTING ADA COMPLIANT CEMENT CONCRETE SIDEWALKS AND WHEELCHAIR ACCESSIBLE RAMPS; CONSTRUCTING RETAINING WALLS; INSTALLING EROSION CONTROL DEVICES; INSTALLING GUARDRAIL; FURNISHING AND SPREADING LOAM AND SEED; PLANTING LANDSCAPE AREAS: INSTALLING SIGNS AND PAVEMENT MARKINGS; FURNISHING AND SETTING BOUNDS; PROVIDING TRAFFIC CONTROL; AND OTHER INCIDENTAL ITEMS OF WORK LISTED IN THE PROPOSAL. Please let me know if I can provide any other information for your August 20 Selectboard meeting. Enjoy the day! Brenda Brenda Codella ROW Field Agent, Districts 1 & 2 270 Main Street, Lenox, MA 01240 Phone: 413-522-6434 | Email: Brenda.J.Codella@dot.state.ma.us From:Kraunelis, Matthew To:Nocella, Caitlin Cc:LaVerde, Jacquelyn Subject:FW: Wilmington - Woburn, Route 38 (Main St) Project #608051 - Town of Reading Property, 435 Main St., Wilmington Date:Thursday, September 5, 2024 1:24:18 PM Attachments:image001.png Reading- 435 Main St., Wilmington.pdf Hi, please include the email below and the attached in the packet. There is one more email I will send once I find it. Thanks, Matt From: Codella, Brenda J (DOT) <brenda.j.codella@dot.state.ma.us> Sent: Tuesday, July 9, 2024 3:07 PM To: Kraunelis, Matthew <mkraunelis@readingma.gov> Cc: Kristensen, Erik J. (ROW) (DOT) <Erik.Kristensen@dot.state.ma.us> Subject: Wilmington - Woburn, Route 38 (Main St) Project #608051 - Town of Reading Property, 435 Main St., Wilmington Hello Mr. Kraunelis, MassDOT has begun notifying property owners about ROW takings that will be necessary to complete the above-mentioned project. The Town of Reading property at 435 Main Street, Wilmington will be affected. Below is a list of the acquisitions: Parcel Information Parcel list 24-5 Parcel ID Area Interest Acquired Notes 24-5 900 In Fee taking for retaining wall, roadway widening I have attached the sketch and a Land Damage Agreement for the property. We will be in the area on Thursday and would like to make an appointment to meet with you to answer any questions or concerns regarding the project and acquisitions and to pick up a signed copy of the agreement. Thank you for helping us complete this task. Looking forward to working with the Town of Reading! Best, Brenda Codella Brenda Codella ROW Field Agent, Districts 1 & 2 270 Main Street, Lenox, MA 01240 Phone: 857-287-1307 | Email: Brenda.J.Codella@dot.state.ma.us September 4, 2024 Reading Select Board 16 Lowell Street Reading, MA 01867 RE: Section 19(b)(1) Release Dear Members of the Select Board, I am writing to request a waiver of a potential ethics conflict pursuant to G.L. c. 268A, § 19. As you are aware, Section 19 of the Ethics Law precludes a municipal employee from participating in a particular matter in which she has a financial interest. There are numerous exemptions from Section 19. The exemption most often used by appointed municipal employees is Section 19(b)(1). This provision states that a municipal employee who first advises her appointing authority of the particular matter, makes full disclosure of the interest, and receives a written determination from the appointing authority, may act in such matter. The determination made by the appointing authority is that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee. The Town of Reading is currently reviewing its Charter. The Charter Review Commission (“CRC”) has proposed substantive amendments to Article 6.2 of the Charter, which addresses the role of the Town Counsel. When these substantive amendments arose, Ethan Dively, an attorney in my office present at the CRC meeting, recused himself from the matter, declining to opine on the proposed changes. I have been asked to attend an upcoming CRC meeting. While both Ethan and I will continue to recuse ourselves from any discussion of the Town Counsel position and Article 6.2, in an abundance of caution, we spoke with Amy Nee, an attorney with the State Ethics Commission. Ms. Nee expressed her opinion that a Section 19(b)(1) waiver would be appropriate and advised that we seek approval to participate generally in the Charter review process. Thus, to the extent an individual may find that we have a financial interest in the overall revision process of the Charter, we are seeking your authorization to participate. Any financial interest we have in the Charter amendment process is de minimis and will not affect the integrity of the services that we will provide to the Town on this matter. To be clear, we will continue to recuse ourselves from any discussion of Article 6.2 and the substantive amendments to the role of the Town Counsel. Any advice we provide will be limited to the overall Charter amendment process. I have attached a disclosure form. We will also be present to discuss this matter at your next meeting. If you have any questions in the meantime, please do not hesitate to reach out directly. Sincerely, Ivria Glass Fried DISCLOSURE BY NON-ELECTED MUNICIPAL EMPLOYEE OF FINANCIAL INTEREST AND DETERMINATION BY APPOINTING AUTHORITY AS REQUIRED BY G. L. c. 268A, § 19 MUNICIPAL EMPLOYEE INFORMATION Name: Ivria Glass Fried Ethan Dively Title or Position: Town Counsel; Associate Town Counsel Municipal Agency: Town Counsel Office Agency Address: 40 Grove Street Suite 190 Wellesley, MA 02482 Office Phone: 617-489-1600 Office E-mail: ifried@harringtonheep.com; edively@harringtonheep.com My duties require me to participate in a particular matter, and I may not participate because of a financial interest that I am disclosing here. I request a determination from my appointing authority about how I should proceed. PARTICULAR MATTER Particular matter E.g., a judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, or finding. The Town is in the process of reviewing its Charter. A Charter Review Commission has been formed. The CRC has proposed substantive revisions to Article 6.2 of the Town Charter, which addresses the role of the Town Counsel. Your required participation in the particular matter: E.g., approval, disapproval, decision, recommendation, rendering advice, investigation, other. I am being asked to assist the Town in formulating a process for amending the Charter. While I am not opining on the proposed changes to Article 6.2, the adoption process will necessarily include the proposed changes to this article. FINANCIAL INTEREST IN THE PARTICULAR MATTER Write an X by all that apply. __x_ I have a financial interest in the matter. ___ My immediate family member has a financial interest in the matter. ___ My business partner has a financial interest in the matter. _x__ I am an officer, director, trustee, partner or employee of a business organization, and the business organization has a financial interest in the matter. ___ I am negotiating or have made an arrangement concerning future employment with a person or organization, and the person or organization has a financial interest in the matter. Financial interest in the matter The Charter Review Commission has proposed substantive amendments to the Town Counsel provision of the Charter. While we will NOT participate in any discussion of the substantive amendments to Article 6.2, we will be providing generalized advice and guidance on how to adopt the proposed changes. Thus, an argument exists that Harrington Heep LLP, Ms. Fried, and Mr. Dively have a financial interest in the amendment. In our opinion and given our continued commitment to recuse ourselves from discussions related to Article 6.2, any financial interest we have in the Charter review is – at most - de minimis. However, in an abundance of caution, we are seeking authorization to advise on the overall process. Employee signature: Date: DETERMINATION BY APPOINTING OFFICIAL APPOINTING AUTHORITY INFORMATION Name of Appointing Authority: Reading Select Board Title or Position: N/A Agency/Department: Reading Select Board Agency Address: Reading Select Board 16 Lowell Street Reading, MA 01867 Office Phone: 781-942-9043 Office E-mail DETERMINATION Determination by appointing authority: As appointing official, as required by G.L. c. 268A, § 19, I have reviewed the particular matter and the financial interest identified above by a municipal employee. I have determined that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee. Appointing Authority signature: Date: Comment: Attach additional pages if necessary. The appointing authority shall keep this Disclosure and Determination as a public record. Form revised February, 2012 September 24, 2024 Tuesday Overview of Meeting 7:00 Public Comment 7:05 Select Board Liaison and Town Manager Reports 7:15 Preview/Discuss Tax Classification?Santaniello HEARING PTTTF Request: Traffic Amendment 2024-7 Close Subsequent Town Meeting Warrant Discuss Second Water Meters Presentation to Amend CPA Study Committee Charge RPPA Presentation/Discussion on Symonds Way Land for Pickleball Executive Session Purpose 3: Discuss potential litigation pertaining to unpaid police detail invoices involving Heyland Development. Executive Session - Facilities Union Contract Executive Session - Approve Executive Session Minutes October 8, 2024 Tuesday Close Warrant for State Election Preview/Discuss Tax Classification?Santaniello Update on ARPA Funds October 29, 2024 Tuesday Hearing Tax Classification November 5, 2024 STATE ELECTION November 12, 2024 SUBSEQUENT TOWN MEETING November 14, 2024 SUBSEQUENT TOWN MEETING November 18, 2024 SUBSEQUENT TOWN MEETING November 19, 2024 Tuesday November 21, 2024 SUBSEQUENT TOWN MEETING December 3, 2024 Tuesday Vote to approve Annual Liquor Licenses December 4, 2024 Wednesday Department Budget Presentations December 10, 2024 Tuesday Department Budget Presentations Recurring Agenda Items Close Warrant: Annual Town Meeting March Close Warrant: Subsequent Town Meeting September Appoint Town Accountant March Annual HEARING Approve Classification & Compensation May Annual Appointments of Boards & Committees May/June Annual HEARING Approve Tax Classification October Annual Approve Licenses December Annual Arbor Day Proclamation April Annual Liaison: RCTV members Report Annual Liaison: CAB (RMLD) member Report Annual Liaison: MAPC member Report Annual Liaison: Reading Housing Authority Report Annual Liaison: Reading Ice Arena Report Annual Town Accountant Report Qtrly Economic Development Director Semi-ann Parking/Traffic/Transportation Task Force (PTTTF) Town Board & Committee visits Town Department visits Review Select Board Goals Review Town Manager Goals February/March