HomeMy WebLinkAbout2025-03-04 Select Board Packet Town of Reading
Meeting Posting with Agenda
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Board - Committee - Commission - Council:
Select Board
Date: 2025-03-04 Time: 7:00 PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Agenda:
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
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7:00 Overview of Meeting
7:05 Public Comment
715 Select Board Liaison /Town Manager Reports
.30 Discuss/Vote to Authorize Debt from the MWRA Local Financial
73
Assistance Program
7.45 Pickleball Design and Cost Update/ Discussion 38
8:00 ReCal Discussion and vote of support
8.15 Vote to Close the Town Meeting Warrant 55
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
Town of Reading
Meeting Posting with Agenda
......... ........
8:25 Retreat Discussion
8:30 Vote on Inter-Municipal Agreement for Animal Control 70
8:40 Master Plan Pre-Discussion/ logistics
9:00 Future Agendas 76
.................................... ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .......................................................................................................................
9:10 Approve Meeting Minutes 78
Executive Session: Discuss litigation strategy with respect
to Davenport v. Town of Reading and Milley v. Town of Reading,
9:20 as discussion in open session may have a detrimental effect on
the town's litigating position in these cases (G.L. c. 30A, §
21(a)(3)); and to approve prior executive session minutes
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 2
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MASSACHUSETTS WATER RESOLJRCIlli s AU_11-1 0 R i r V
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February 5, 2025
Ryan Percival, PE Town Engineer
Town of Reading
16 Lowell Street
Reading, MA 01867
RE: MWRA 1/1 Local Financial Assistance Program: March 2025 Funding Distribution
Town of Reading Sewer System Rehabilitation: Planning/Design/Construction
MWRA Project No. WRA-P14-28-3-1449
Dear Mr. Percival,
The MWRA acknowledges receipt of your application for assistance under the MWRA's 1/1 Local
Financial Assistance Program. The above project encompasses 1/1 rehabilitation planning, design and
construction within the Town of Reading. Enclosed please find the Financial Assistance and Loan
Agreements for signature. Overall project cost is estimated at $1,040,000. Eligible MWRA financial
assistance is $1,040,000. The MWRA approves this project for funding pending resolution of the
following issue:
1. The loan portion of the financial assistance award will require the issuance of a Sewer Bond
or other documentation-verifying obligation of the community to repay the loan to the
MWRA. An Opinion of Bond Counsel will be required with the Sewer Bond or any other
proposed obligation for repayment. If wording other than the Sewer Bond is proposed,
approval of the MWRA will be required.
2. The community's bond counsel representative (Charlene Doucette, Troutman Pepper Locke)
has been notified of this funding request and will contact appropriate community officials for
specific Sewer Bond information.
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Ryan Percival
Page 2
Once the above issue is resolved and the agreements are executed, the MWRA will provide the
community with a financial assistance award amount of$1,040,000 of which$780,000 shall be in the
form of a grant and $260,000 shall be in the form of an interest-free loan. The interest-free loan
portion will be repaid to the MWRA in ten equal payments ($26,000), over a ten-year period,
beginning February 15, 2026.
Funding distribution is planned for March 13, 2025. The MWRA award amount will be deposited
into the community-designated MMDT Account No. 44257384.
To achieve this distribution date, all agreements must be executed and returned to the
Authority by February 24, 2025. Please print six copies (single-sided) of each agreement and
forward the signed and sealed financial assistance and loan documents to my attention. Please note a
town seal is required on each copy of the loan agreement.
If you have any questions or comments relating to this matter,please do not hesitate to contact me at
Woria.kazeera(&_ mwra.com.
Sincerely,
Massachusetts Water Resources Authority
Gloria Kazeera, Project Manager
MWRA Community Support Program
cc: Matt Kraunelis, Town Manager
Laura A. Gemme, Town Clerk
Charlene Doucette, Troutman Pepper Locke
John Brito, PE CDM Smith Inc.
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FINANCIAL ASSISTANCE AGREEMENT
BY AND BETWEEN
THE AUTHORITY
AND
TOWN OF READING, MASSACHUSETTS
This Financial Assistance Agreement is made by and between the Massachusetts Water Resources
Authority, a body politic and corporate and public instrumentality, existing under Chapter 372 of
the Acts of 1984,with its principal place of business at Deer Island, 33 Tafts Avenue, Boston, MA
02128, ("Authority" or "MWRA") and the Town of Reading, MA, a municipal corporation duly
organized and existing under the laws of the Commonwealth of Massachusetts, with its principal
place of business at Town Hall, 16 Lowell Street, Reading, MA 01867 ("Awardee") (collectively,
"Parties");
WHEREAS, on August 19, 1992 the Authority Board of Directors voted to approve a program
whereby the Authority was permitted to offer financial assistance to certain local communities
committed to infiltration and inflow reduction or sewer system rehabilitation; and
WHEREAS, the Awardee intends to conduct, or is conducting, an infiltration/inflow ("I/1")
reduction or sewer system rehabilitation project("Project"); and
WHEREAS, the Awardee filed a Financial Assistance Application in which it furnished
information about the Project to the Authority; and
WHEREAS, the MWRA will provide financial assistance to the Awardee for its Project under
certain terms and conditions, hereinafter provided.
NOW THEREFORE, in consideration of the foregoing and the promises contained herein, the
Parties agree that the Authority will provide and the Awardee will accept financial assistance under
the following terms and conditions:
L SCOPE OF SERVICES.
The Awardee has entered into or will enter into, within ninety (90) days of the execution
of this Agreement, a contract with a consultant or contractor for sewer rehabilitation and/or UI
reduction services, in accordance with the Awardee's competitive procurement practice, and the
scope of such work is listed in Attachment A.
11. FINANCIAL ASSISTANCE.
A. The Authority shall provide financial assistance ("Award") to the Awardee in the form of
both a grant and a loan. The total amount of the Award shall be $1,040,000.00 of which
$780,000.00 shall be in the form of a grant("Grant") and $260,000.00 shall be in the form of an
interest-free loan ("Loan").
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B. The Loan shall be governed by the attached Loan Agreement,which is incorporated herein
by reference as Attachment C.
C. Upon execution of the Loan Agreement, the Authority shall initiate an electronic transfer
for the Total Award through the Automated Clearing House (ACH) having a pay date three
business days after the execution date, including both the grant and the loan, to the following
designated account of the Awardee:
MMDT Account No. 44257384 Federal Tax ID No. 04-600-1277
D. The Authority shall not be obligated to provide additional financial assistance above the
Award amount regardless of additional Project costs which may be incurred by the Awardee.
E. In the event that the Project is not initiated as outlined in the Project Schedule,the Awardee
shall return the entire Grant to the Authority within ninety (90) days.
III. EFFECTIVE DATE OF AGREEMENT.
This agreement will not become effective until the Loan Agreement is fully executed.
IV. TERM.
The term of this Agreement shall begin upon the date of execution of this Agreement,
including the execution of the Loan Agreement, and shall be in effect until the Awardee fully
repays the Loan to the Authority in accordance with the terms of the Loan Agreement. As evidence
that the final payment has been made, the Authority will send a letter to the Awardee indicating
that the Loan has been discharged.
V. PROJECT SCHEDULE.
Implementation of the Project must begin within ninety (90) calendar days of execution of
the Agreement,including the Loan Agreement,or all grant funds must be returned to the Authority.
The Project must comply with the Project Schedule listed in Attachment B.
It is the obligation of the Awardee to obtain all licenses, permits, easements or any other
approvals necessary to begin and successfully complete the Project.
VI. EXPENDITURE VERIFICATION REQUIREMENTS.
A. Throughout the completion of the Project Scope of Services, the Awardee shall submit
progress reports to the Authority, on forms provided by the Authority, which outline the overall
progress of the Project, the progress of key Project tasks, and the total Project cost expended to
date. The frequency and schedule for progress reporting is outlined within the UI Local Financial
Assistance Program Guidelines for Sewer Projects. Progress reports shall be submitted to:
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Massachusetts Water Resources Authority
2 Griffin Way
Chelsea, MA 02150
Attn: Community Support Program
B. The Awardee shall append to each progress report information which documents eligible
Project costs, including, but not limited to, consultant and/or contractor invoices; awardee labor,
equipment, materials and other costs; and ancillary expenses. Time sheets and work summaries
documenting any requests for force account work reimbursement must also be provided.
C. The Awardee shall exercise its best efforts to accomplish the Project set forth in the Scope
of Services within the Award Amount established. In the event that an increase or decrease in the
total Project cost is anticipated, or in fact occurs, the Awardee shall immediately notify the
Authority in writing, and shall submit a status report including reasons for changes in Project cost,
work completed to date, total dollars expended to date, and an estimate of the cost required to
complete the Project.
VII. PROJECT INSPECTION.
The Awardee shall make the Project site and all Project records available to the Authority
staff for review during the course of the Project. Authority staff may periodically monitor the
progress of work to insure that the Project is: (1)proceeding substantially as defined in the Scope
of Services; (2) proceeding substantially within the Project Schedule; and (3) proceeding in a
manner which will substantially produce the quantitative I/I reduction result which the Awardee
estimated would be achieved in the Financial Assistance Application.
VIII. PROJECT CLOSEOUT PROVISIONS.
A. Upon completion of the Project, the Awardee shall notify the Authority that the Project is
complete and shall certify, on a form provided by the Authority,that all work included in the Scope
of Services has been completed and performed in accordance with this Agreement. The Awardee
shall submit to the Authority a Project closeout package which shall include a summary of all
Project expenditures and the final Project cost.
B. If the final Project cost meets or exceeds the Award,no revision to the Grant shall be made
during Project closeout.
C. If the final Project cost is less than the Award, a revision to the Grant shall be made
during Project closeout. The difference between the Award and the final Project closeout cost
will be calculated and defined as the Project"Shortage Amount". The existence of a Project
Shortage Amount will not affect the Loan repayment amount or schedule.
D. In the event that a Project Shortage Amount exists, the Awardee agrees to repay seventy-
five percent (75%) of such Project Shortage Amount to the Authority. The Authority will send
the Awardee a separate invoice for payment of the Project Shortage Amount forty-five (45) days
prior to the next loan repayment date.
IX. PROJECT AUDIT PROVISIONS.
A. The Awardee, its engineers, and its contractors shall maintain books, records, and other
documents that pertain to and involve transactions related to this Agreement in accordance with
generally accepted accounting principals. The Awardee, its engineers, and its contractors shall
also maintain the financial information and data used by the engineers and contractors in the
preparation or support of all invoices and progress reports. The Authority and any other duly
authorized person, shall have access to such books, records, documents, and other evidence for
inspection, audit, and copying during normal business hours, upon ten (10) days notice and at the
Authority's expense. The Awardee, its engineers, and its contractors shall provide proper facilities
for such access and inspection. All documents shall be kept for at least seven (7)years after either
the final payment to the engineer or contractor or after the closeout of the Project, whichever is
later.
B. The Awardee agrees to include the wording of Section IX A, above, in all contracts and
subcontracts hereafter awarded to third party contractors,vendors and service providers related to
this Agreement.
C. Audits conducted by the Authority, or its duly authorized representatives, shall be in
accordance with generally accepted government auditing standards and established procedures and
guidelines of the Authority. Such audits shall be conducted at the expense of the Authority upon
ten (10) days notice to the Awardee.
D. The Awardee agrees to provide the Authority with a copy of the Awardee's annual audited
financial statements within a reasonable time after the issuance thereof, together with a certificate
of the Awardee stating that the Awardee is in compliance with its obligations under this agreement.
X. INTERACTION WITH OTHER PROGRAMS OF ASSISTANCE.
The Awardee certifies that it has not and will not receive financial assistance under the
State Revolving Fund(SRF)or any other state, federal, or other program of funding assistance for
any Project costs for which financial assistance has been provided by the MWRA UI Local
Financial Assistance Program.
XI. AUTHORITY TO EXECUTE AGREEMENT.
Prior to the execution of this Agreement, the Awardee shall take all steps necessary to
authorize it to properly execute this Agreement.
XII. GOVERNING LAW.
This Agreement shall be governed by and construed and enforced in accordance with the
laws of the Commonwealth of Massachusetts.
XIII. COMPLIANCE WITH LOCAL LAWS.
The Awardee shall comply with all applicable laws, ordinances, and codes of the state and
local governments, and shall commit no trespass on any public or private property in performing
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any of the work embraced by this Agreement.
XIV. INVALIDITY OF PARTICULAR PROVISIONS.
If any provision of this Agreement shall to any extent be held invalid or unenforceable,the
remainder of this Agreement shall not be deemed affected thereby.
XV. CONTRACTING/SUBCONTRACTING.
The Awardee shall have no capacity to involve the Authority in any contract nor to incur
any liability on the part of the Authority.
XVI. CHANGES TO SCOPE OF SERVICES.
The Authority and the Awardee may, during the course of the project, mutually agree to
revisions in the Scope of Services or Project Schedule. Such changes shall be incorporated into
this Agreement by written amendment.
XVII. PROVISION OF CONTRACTS.
The Awardee agrees to submit to the Authority an executed copy of each contract for
engineering services or construction relevant to the Scope of Services.
XVIII. EQUAL EMPLOYMENT OPPORTUNITY.
The Awardee shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicap status or national origin. The Awardee, its
engineer(s), and its contractor(s) shall comply with all applicable laws and regulations pertaining
to nondiscrimination, equal opportunity and affirmative action, including without limitation
executive orders and rules and regulations of federal and state agencies of competent jurisdiction.
The Awardee shall make positive efforts to achieve a goal of 7.18 percent participation of
Minority-owned Business Enterprise(s) and 5.77 percent participation of Woman-owned Business
Enterprise(s)within Professional Services contracts which are funded through financial assistance
under this Agreement. For Non-Professional Services category work, the Awardee should make
positive efforts to achieve a goal of 5.61 percent participation of Minority-owned Business
Enterprise(s) and a goal of 4.88 percent participation of Woman-owned Business Enterprise(s)
within project contracts.
For Construction, the Awardee shall require all construction contractors and subcontractors to
make positive efforts to achieve: (1) a minority employee work force hour goal of 15.30 percent,
(2)a woman employee work force hour goal of 6.90 percent (3)a goal of 7.24 percent participation
of Minority-owned Business Enterprise(s), and(4) a goal of 3.60 percent participation of Woman-
owned Business Enterprise(s)within the project contracts.
XIX. INDEMNIFICATION.
The Awardee, at its expense, shall defend and shall indemnify and hold harmless the
Authority, its members, officers and employees, from and against any and all claims, causes of
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action, suits, losses, damages and expenses, including attorneys' fees, arising out of or resulting
from any acts, errors or omissions or breach of contractual duties by the Awardee and anyone
employed by it(including Contractors, Subcontractors and/or Consultants and their employees) in
performance of this Agreement. Such obligation shall not be construed to negate or abridge any
other obligation of indemnification running to the Authority which would otherwise exist.
XX. MEMBERS, EMPLOYEES NOT LIABLE.
No member or employee of the Authority shall be charged personally or held contractually
liable by or to the Awardee under any term or provision of this Agreement or because of any breach
thereof or because of its execution or attempted execution.
XXL INTEREST OF AWARDEE.
The Awardee covenants that its Contractors, Subcontractors and/or Consultants presently
have no interest and shall not acquire any interest, direct or indirect, in the property to which this
Agreement pertains or any parcels therein or any other interest which would conflict in any manner
or degree with the performance of its services hereunder. The Awardee further covenants that no
person having any such interest shall be employed in the performance of this Agreement.
XXII. INTEREST OF EMPLOYEES; M.G.L.C. 268A.
Neither Awardee, nor its Contractors, Subcontractors and/or Consultants shall, during the
term of this Agreement, hire or employ on either a full-time or part-time basis any person or
persons so long as such person shall be employed by the Authority.
The Awardee acknowledges that the Authority is a state agency for the purposes of Chapter
268A of the Massachusetts General Laws (the Massachusetts Conflict of Interest statute). The
Awardee agrees to take actions and to forbear from taking actions, as circumstances require, so as
to be in compliance at all times with said statute.
XXIII. ASSIGNABILITY.
The Awardee shall not assign any interest, in whole or in part, in this Agreement and shall
not transfer any interest in the same, whether by assignment or novation, without the prior written
approval of the Authority.
XXIV. PAYMENT NOT A WAIVER.
The Authority's payment to Awardee under this Agreement or its review, approval or
acceptance of any actions by Awardee under this Agreement shall not operate as a waiver of any
rights under this Agreement and the Awardee shall remain liable to the Authority for all damages
incurred by the Awardee's failure to perform in accordance with the terms and conditions of this
Agreement.
The rights and remedies of the Authority provided for under this Agreement are in addition
to any other rights or remedies provided by law. The Authority may assert a right to recover
damages by any appropriate means, including but not limited to set-off, suit, withholding,
recoupment, or counter-claim either during or after performance of this Agreement.
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XXV. TERMINATION OF THE AGREEMENT FOR CAUSE.
If, through any cause, the Awardee shall fail to fulfill in a timely and proper manner its
obligations under this Agreement (including performance of the Scope of Services and
maintenance of the Project Schedule); or if it is determined that there is probable cause to believe
that the Award was obtained on the basis of fraud, deceit, or illegality; or if the Awardee has failed
to comply with the terms and conditions of this Agreement; the Authority shall hereupon have the
right to terminate this Agreement by giving written notice to the Awardee of such termination and
specifying the effective date thereof.
The Awardee agrees that if this Agreement is terminated by the Authority, the Awardee
shall immediately repay to the Authority the full Grant which is identified in Section II, above.
The Awardee also agrees that the Loan shall not be affected by such termination and that the
separate Loan Agreement shall remain in full effect.
XXVL ATTACHMENTS.
Attachments to this Agreement are incorporated herein and are as follows:
Attachment A Scope of Services
Attachment B Project Schedule
Attachment C Loan Agreement
XXVII. PROJECT SPECIFIC ADDITIONAL TERMS AND CONDITIONS.
I. All reports prepared in conjunction with this project shall be submitted to the Authority for
review and approval.
2. The community will submit to the Authority the proposed project's plans and specifications
upon their completion for review and approval.
3. The Authority will be informed of the contract award for the construction phase of the
proposed rehabilitation project and forwarded bid tabulation and contractor intent to award
/ notice to proceed documentation. The community will inform the Authority of the date
for Final Inspection for the construction phase of the proposed rehabilitation project.
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IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2025.
MASSACHUSETTS WATER RESOURCES AUTHORITY
BY:
Matthew R. Horan, Treasurer
AWARDEE: TOWN OF READING, MASSACHUSETTS
BY:
Matt Kraunelis, Town Manager
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MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM
FINANCIAL ASSISTANCE AGREEMENT
ATTACHMENT A
MWRA PROJECT NO. WRA-P14-28-3-1449
TOWN OF READING, MASSACHUSETTS
SEWER SYSTEM REHABILITATION: PLANNING/DESIGN/ CONSTRUCTION
IN SUBAREAS 4B AND 3C
SCOPE OF SERVICES
The purpose of this project is to reduce I/I through rehabilitating manholes and sewer pipes
throughout the Town of Reading. For the Phasel2 MWRA funding cycle, Reading completed
cured-in-place pipe lining (CIPPL)based on previous I/I inspection work performed in the Town.
For Phasel4, Reading will continue to assess their system to identify additional sewer segments
that may need UI rehabilitation. Data collected in the most recent update to the towns flow model
will be used in this phase to refocus UI assessments in specific basins.
The project work involves identifying and addressing UI issues in basins 4B and 3C under the
following Tasks 1-3:
1. Planning Phase (estimated$128,000)
■ Engineers' planning, oversight of subcontractor inspections, review of findings,
and development of rehabilitation recommendations. It also covers project
administration and management. Subcontractor tasks include:
a) Conduct flow isolation in basins 4B and 3C to identify UI sources.
b) Perform CCTV inspections of areas with high UI to locate sources.
c) Inspect manholes in areas with high UI or located in easements to assess
potential contributions to UI.
2. Design Phase(estimated$90,000)
• Develop a design for sewer rehabilitation, including (CIPPL) of 11,000 linear feet
of sewer, rehab of 20 manholes, and lateral grouting.
• Prepare specifications and assist with the public bidding process.
3. Construction Phase (estimated$822,000)
■ Oversee the construction process, including reviewing contractor submissions,
managing project documentation, and ensuring compliance with the design. The
final construction project will be based on available funds.
Total project cost is estimated at $1,040,000. Eligible MWRA I/I Local Financial Assistance is
$1,040,000. Project work will be performed pursuant to the terms and conditions detailed within
the Agreement for Engineering Services By and Between the Town of Reading and CDM Smith
and the MWRA UI Local Financial Assistance Program Project Application received January 24,
2025. An estimated quantity of UI removal will be determined upon contract completion.
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MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM
FINANCIAL ASSISTANCE AGREEMENT
ATTACHMENT B
MWRA PROJECT NO. WRA-P14-28-3-1449
TOWN OF READING, MASSACHUSETTS
SEWER SYSTEM REHABILITATION: PLANNING/DESIGN/CONSTRUCTION
IN SUBAREAS 4B AND 3C
PROJECT SCHEDULE
General Description of Work Performed Start Date Completion Date
Planning/Investigation Spring 2025 Fall 2025
Design/Bid/Award Summer 2025 Fall 2025
Construction/Construction Services Winter 2025 Fall 2026
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MWRA I/I LOCAL FINANCIAL ASSISTANCE PROGRAM
FINANCIAL ASSISTANCE AGREEMENT
ATTACHMENT C
MWRA PROJECT NO. WRA-P14-28-3-1449
TOWN OF READING, MASSACHUSETTS
SEWER SYSTEM REHABILITATION: PLANNING/DESIGN/ CONSTRUCTION
IN SUBAREAS 4B AND 3C
LOAN AGREEMENT
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ATTACHMENT C
LOAN AGREEMENT
LOAN AGREEMENT, dated the 101h day of March 2025 between the Massachusetts
Water Resources Authority, a body politic and corporate, a public instrumentality and an
independent public authority of The Commonwealth of Massachusetts (the "Authority")
established by the Massachusetts Water Resources Authority Act, Chapter 372 of the Acts of 1984
of the Commonwealth of Massachusetts ("Commonwealth"), as amended (the "Act"), having its
principal place of business in Boston, Massachusetts, and the Town of Reading, MA (the
"Government Unit").
WITNESSETH:
WHEREAS, the Authority has established a program of loans and grants (the "VI Local
Financial Assistance Program") to assist Local Bodies, as defined in the Act, in establishing
programs for the reduction and control of infiltration and inflow (1/1") into local sewer systems
(the "Local UI Programs") which will have a beneficial impact on the Authority's cost of
maintaining and improving the Authority's sewer system; and
WHEREAS, the Government Unit has requested a loan from the Authority in the amount
of $260,000.00 (hereinafter referred to as the "Loan") for the purposes of funding its Local UI
Program and,to evidence the indebtedness to be incurred thereby,has duly authorized the issuance
of its bonds in the principal amount of the Loan (the "Municipal Bonds"),which Municipal Bonds
are to be issued to and held by the Authority in accordance with this Loan Agreement; and
WHEREAS, simultaneously with the making of the Loan, the Authority is making a grant
in the amount of$780,000 to the Government Unit (the "Grant"), which Grant will also be used
by the Government Unit to fund its Local UI Program; and
WHEREAS, the Authority may finance the Loan and the Grant from the proceeds of an
issue of its tax-exempt revenue bonds which proceeds are subject to certain limitations as to
investment and application;
NOW THEREFORE, the parties hereto agree as follows:
1. The Loan, the Grant and the Municipal Bonds. The Authority hereby agrees to make
the Loan and the Grant and the Government Unit hereby agrees to accept the Loan and the Grant
and, with respect to the Loan, to evidence its obligation to repay the Loan by issuing to the
Authority the Municipal Bonds in the principal amount of the Loan, and substantially in the form
attached hereto as Exhibit A. Neither the Loan nor the Municipal Bonds shall bear interest.
2. Representations and Warranties. The Government Unit represents and warrants as
follows: (a) it has duly adopted all necessary votes and resolutions and has taken all proceedings
required by law to enable it to enter into this Loan Agreement and issue its Municipal Bonds to
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the Authority to evidence its obligation to pay the Loan; (b)the Municipal Bonds have been duly
authorized, executed and delivered by the Government Unit and constitute valid and binding
obligations of the Government Unit, enforceable in accordance with their terms, except as such
enforceability may be limited by bankruptcy,insolvency,moratorium,reorganization or other laws
affecting creditors' rights heretofore or hereafter enacted and general equity principles; (c) the
Municipal Bonds constitute general obligations of the Government Unit to which its full faith and
credit is pledged; (d) all permits and approvals necessary to construct the project being financed
by the Grant and the Loan (the "Project"), given the current status of the Project, have been
obtained and remain in full force and effect; and (e) no litigation before or by any court, public
board or body is pending or threatened against the Government Unit seeking to restrain or enjoin
the issuance of the Municipal Bonds or the construction of the Project.
3. Covenants. The Government Unit agrees that until the Loan shall be paid in full, and
the proceeds of the Loan and the Grant, together with the earnings thereon, shall be expended in
full, it shall perform the following covenants: (a) it shall make the payments with respect to the
principal of the Municipal Bonds in ten equal annual installments,all at the time and in the amounts
set forth in the Municipal Bonds; (b) it shall notify the Authority in writing, from time to time, of
the name of the official of the Government Unit to whom invoices for the payment of principal
should be addressed if different from the address set forth in paragraph 8; and (c) it shall furnish
the Authority annually such information regarding the Government Unit's Local UI Program and
the implementation thereof, including project status and expenditure reports and evidence of
compliance with any applicable permits and any other financial or project information as the
Authority may reasonably request.
4. Opinion of Bond Counsel. Attached hereto as Exhibit B is an opinion of bond counsel
to the Government Unit to the effect that (i) the Municipal Bonds have been duly authorized,
executed and delivered by the Government Unit and constitute valid and binding general
obligations of the Government Unit, enforceable in accordance with their terms, except as such
enforceability may be limited by bankruptcy, insolvency, and moratorium,reorganization or other
laws affecting creditors'rights heretofore or hereafter enacted and to general equity principles, and
(ii) the Municipal Bonds constitute general obligations to which the Government Unit's full faith
and credit is pledged.
5. Application of Grant and Loan Moneys. (a) The Government Unit shall deposit the
proceeds of the Loan and the Grant (collectively, the "Proceeds") in a single account (the
"Account") separated from its other moneys. Such Account shall be invested with Massachusetts
Municipal Depository Trust or in such other manner as may be approved by the Authority from
time to time in the Authority's reasonable discretion. Earnings on the Account shall be retained in
such Account. The Government Unit shall arrange for copies of all investment reports with respect
to the Account to be furnished in timely fashion to the Authority.
(b) The Proceeds, together with the earnings thereon, shall be applied to the costs of
the Government Unit's Local UI Program.
(c) The Government Unit acknowledges that the Authority has financed the Loan and
the Grant with the issue of the Authority's tax-exempt revenue bonds (the "Authority Bonds"). The
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Government Unit agrees to take such steps as are reasonably requested by the Authority in order
to preserve the tax-exempt status of the Authority Bonds including, but not limited to, the
following: (i) to pay to the Authority such amount, not exceeding the Government Unit's
investment earnings on the Proceeds, as may be required to satisfy the Authority's obligation to
pay rebate to the United States pursuant to Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code"); (ii)to the extent feasible,to limit the investment of the Proceeds, together
with any earnings thereon,to such interest rate or to such investments as the Authority may specify
from time to time in writing; and (iii) to repay to the Authority the Proceeds upon its written
request, together with any earnings thereon, in exchange for other moneys which are not subject
to investment restrictions or which are subject to lesser restrictions.
(d) The Government Unit shall repay to the Authority the unexpended balance in any
account established pursuant to Section 5(a) hereof on or before May 15, 2026 or thereafter shall
invest such unexpended balance in accordance with the directions of the Authority in order to
assure compliance with the applicable provisions of the Code.
6. Prepayment of Loan. The Authority shall have the right to cancel all or any part of its
obligations hereunder and the Government Unit shall be obligated to repay all of the Proceeds
previously disbursed to it which remain unexpended, together with any earnings on the Proceeds,
upon the Authority's request if: (a) any representation made by the Government Unit to the
Authority in connection with its application for Authority assistance shall be incorrect or
incomplete in any material respect; or (b) the Government Unit is (i) in default of any of its
obligations hereunder to make payment on the Municipal Bonds as and when the same shall
become due and payable, or(ii) in default of any other covenant or agreement on its part contained
herein, and such default shall continue for thirty (30) days after written notice from the Authority
specifying the default and requesting that the same be remedied.
If the Authority demands repayment of the Proceeds and the earnings thereon pursuant to
Section 6(a)or if repayment is made pursuant to Section 5(d),the moneys returned to the Authority
shall be attributed first to the Proceeds. Seventy-five percent of the Proceeds shall be treated as a
return of the Grant. Twenty-five percent of the Proceeds and any earnings on the Proceeds shall
be applied to a prepayment of the Loan. If the Authority demands repayment of the Proceeds and
the earnings thereon pursuant to Section 6(b), the moneys returned to the Authority shall be
attributed first to earnings on the Proceeds and then to a return of the Grant. Any Proceeds after
such allocation shall be applied to a prepayment of the Municipal Bonds.
In addition to the foregoing provisions, the Government Unit may prepay the Loan upon
thirty (30) days written notice to the Authority. Except as expressly provided herein, all
prepayments shall be without penalty.
The Government Unit shall remain liable after any prepayment for the unpaid principal on
the Municipal Bonds. Any prepayment shall be applied to the installments of principal due in
inverse chronological order.
18
4
7. Tax Covenants. The Government Unit shall not take, or permit to be taken, with
respect to the Loan or the Project, any action or actions that would cause any of the Authority's
Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code or a "private
activity bond" within the meaning of Section 141(a) of the Code or that would cause any such
bond to be "federally guaranteed" within the meaning of Section 149(b) of the Code, or that
would otherwise cause interest on the Authority Bonds to become included in gross income of
the recipient thereof for the purpose of federal income taxation.
8. Any notices to be delivered under this Loan Agreement shall be effective upon receipt
and shall be given by certified mail, return receipt requested to:
As to the Authority:
Matthew R. Horan, Treasurer
Massachusetts Water Resources Authority
Deer Island
33 Tafts Avenue
Boston, MA 02128
As to the Government Unit:
Town of Reading, Massachusetts
Town Hall, 16 Lowell Street,
Reading, MA 01867
ATTN: Matt Kraunelis, Town Manager
9. Severability. If any provisions of this Loan Agreement shall for any reason to be held
to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect
any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be
construed and enforced as if such invalid or unenforceable provision had not been contained
herein.
10. Counterparts. This Loan Agreement may be executed in one or more counterparts, any
of which shall be regarded for all purposes as an original and all of which constitute but one and
the same instrument. Each party agrees that it will execute any and all documents or other
instruments, and take such other actions as may be necessary to give effect to the terms of this
Loan Agreement.
11. No Waiver. No waiver by either party of any term or conditions of this Loan
Agreement shall be deemed or construed as a waiver of any other terms or conditions, nor shall a
waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the
same or of a different section,subsection,paragraph,clause,phrase,or other provision of this Loan
Agreement.
12. Inte rag tion. This Loan Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties hereto relating to the subject matter hereof
and constitutes the entire agreement between parties hereto in respect hereof.
19
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL) MASSACHUSETTS WATER RESOURCES AUTHORITY
Attest:
By
Kristin MacDougall, Assistant Secretary Matthew R. Horan, Treasurer
(SEAL) TOWN OF READING, MASSACHUSETTS
Attest:
By
Laura A. Gemme, Town Clerk Diane Morabito, Treasurer
20
$260,000 $260,000
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF READING
SEWER BOND
The Town of Reading (hereinafter called the "Municipality") in the County of Middlesex
and in The Commonwealth of Massachusetts promises to pay to the Massachusetts Water
Resources Authority (hereinafter called the "Authority"), or registered assigns, the sum of Two
Hundred Sixty Thousand Dollars ($260,000) in installments on February 15 of each year as set
forth below, without interest:
Year Installment Year Installment
2026 $26,000 2031 $26,000
2027 26,000 2032 26,000
2028 26,000 2033 26,000
2029 26,000 2034 26,000
2030 26,000 2035 26,000
Principal payments on this bond are payable at the offices of the Authority at Deer Island,
33 Tafts Avenue, Boston, Massachusetts 02128. Upon final payment of the principal of this
bond the Authority shall cancel this bond and return it to the Municipality.
This bond is the only instrument representing a borrowing of$260,000 issued by the
Municipality pursuant to Chapter 44 of the General Laws as amended and a vote of the
Municipality duly passed on the first day of May 2023. This bond is issued for the purpose of
defraying the cost of improvements to the Municipality's sewer system as described in said vote.
This bond is a general obligation of the Municipality and the full faith and credit of the
Municipality is pledged for the payment of principal on this bond as the same shall become due
and payable.
This bond is transferable only upon presentation to the Treasurer of the Municipality with
a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless
made on the books of the Municipality kept by the Treasurer as transfer agent and noted thereon
by the Treasurer with a record of payments
[Remainder ofpage intentionally left blank; signature page follows.]
143535872v.1 21
In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer
and countersigned by its Select Board and the seal of the Municipality to be affixed hereto as of
the tenth day of March 2025.
TOWN OF READING, MASSACHUSETTS
By:
Treasurer
Countersigned:
Select Board
(TOWN SEAL)
[Signature page to Sewer Bond] 22
CJDBMM 02/26/25
(Please Note: The following statements are an essential part of the permanent bond
record. Read them carefully before signing this certificate. Advise Troutman Pepper Locke LLP
of any inaccuracy.)
Town of Reading, Massachusetts
$260,000 Sewer Bond
CERTIFICATE
We, the members of the Select Board and the Treasurer of the Town of Reading,
Massachusetts (the "Town"), certify that we have signed the $260,000 Sewer Bond (the "Bond")
of the Town dated March 10, 2025, and payable, without interest, in installments on February 15
of each year as set forth below:
Year Installment Year Installment
2026 $26,000 2031 $26,000
2027 26,000 2032 26,000
2028 26,000 2033 26,000
2029 26,000 2034 26,000
2030 26,000 2035 26,000
The Bond bears the Town seal,which is also affixed to this certificate.
We further certify that the Loan Agreement with the Massachusetts Water Resources
Authority (the "Authority") dated March 10, 2025 providing for the sale of the Bond has been
signed by the Treasuer, and that the Financial Assistance Agreement dated March 10, 2025
relating to the Project financed by the Bond has been signed by the Town Manager and we
hereby confirm those Agreements. The Loan Agreement and the Financial Assistance
Agreement are sometimes referred to collectively in this certificate as the "Agreements."
Capitalized terms used in this certificate and not otherwise defined shall have the same meanings
given those terms in the Agreements.
We, the members of the Select Board and the Treasurer, also certify as follows:
1. Authority. The Bond is issued pursuant to G.L. c.44 §7(1) and a vote of the Town
passed May 1, 2023 (Article 17), which authorized a total borrowing of$1,040,000.
The issuance of the Bond and the execution of the Agreements were further authorized by
a vote of the Select Board passed at a duly called meeting of the Board held March 4, 2025 (the
"Select Board Vote").
2. Other Debt. No other debt has been incurred under that vote of the Town.
143364344x.1 23
3. Use of Project and Loan Proceeds.
(a) No Reimbursement. None of the proceeds of the Loan and the Bond are
being used by the Town to reimburse the Town for expenditures previously made from funds
other than proceeds of a borrowing.
(b) Prior Notes or Bonds. No proceeds of the Loan or the Bond will be used
to pay or retire any notes, bonds or other evidence of indebtedness previously issued by the
Town.
(c) No Sale of Project. The Town does not expect to sell any Project prior to
repayment of the Loan and the Bond.
(d) Use in Trade or Business. Not more than 5% of the gross proceeds of the
Loan or the Bond are to be used(directly or indirectly) in any trade or business carried on by any
person other than a state or local governmental unit. (Use in a trade or business includes all
activities carried on by the federal government(including its agencies and instrumentalities), by
so-called Section 501(c)(3) organizations and by all other nongovernmental entities other than
natural persons not engaged in a trade or business, but does not include use as a member of or on
the same basis as the general public.) The Town does not have or plan to have any contract or
other arrangement not applicable to the general public under which a parry, other than the
Commonwealth or a local governmental unit, is to have the use of the Project or is to make
payments based on costs of the Project rather than system costs.
(e) Private Loans. None of the gross proceeds of the Loan or the Bond are to
be used by the Town directly or indirectly to make or finance loans to others. (The foregoing
representation does not preclude the financing of a Project whose costs are to be paid by
betterment assessments over a period of years.)
I, the Treasurer, hereby certify as follows:
1. Debt Limit. At the time of its authorization, the Bond was, and on the date hereof
is, within every applicable debt and other limit prescribed by law or otherwise.
2. Delivery and Receipt. The Bond was delivered on this date and the full purchase
price of$260,000 and a grant in the amount of$780,000 are expected to be received from the
Authority on March 13, 2025.
We, the members of the Select Board, the Treasurer and the Town Clerk, hereby certify
as follows:
(a) Authorization, Execution and Delivery of Documents. The Loan
Agreement, the Financial Assistance Agreement and the Bond have been duly authorized,
executed and delivered. None of those instruments has been amended or supplemented since its
date (except such amendments or supplements which have been approved by the Authority) or
repealed and each such instrument remains in full force and effect as of this date.
- 2 -
24
(b) Signatures and Incumbency. The signatures of the Treasurer and the
members of the Select Board as appearing below are the genuine signatures of the persons who
executed the Bond and who held those offices when the Agreements and the Bond were signed
and when they were delivered.
(c) Open Meeting Law. Except for the town meeting called pursuant to G.L.
c.39, §10, all proceedings essential to the issue of the Bond and the authorization, execution and
delivery of the Agreements and deliberations of a quorum relating thereto have been taken at a
meeting or meetings open to the public; notice of each such meeting was filed in the office of the
Town Clerk and publicly posted in the time and manner set forth in G.L. c.30A, §§18-25, as
amended, or, if applicable, in accordance with an alternative method of notice prescribed or
approved by the Attorney General as set forth in 940 CMR 29.03(2)(b); no deliberations,
decision or vote in connection with the Bond or the Agreements were taken in executive session
and no vote was taken by secret ballot; and the official record of each such meeting was made
available to the public and remains available to the public as set forth in G.L. c.30A, §§18-25, as
amended.
(d) Proceedings. No proceeding essential to the authorization, execution,
delivery or issue of the Agreements and the Bond has been repealed or amended except as stated
in paragraph(1) above, and no proceedings have been taken relating to the Agreements and the
Bond other than those certified to Troutman Pepper Locke LLP.
(e) Bylaws. The bylaws described below are the only bylaws or standing
votes of the Town affecting the authorization, sale or issue of the Bond, including the calling and
conduct of town meetings, or the authorization, execution or delivery of the Agreements, and
there has been no change therein affecting those matters in any way except as may be indicated
below:
Town of Reading Massachusetts General Bylaws compiled
as of April 2022, most recently certified to Troutman
Pepper Locke LLP on February 12, 2025.
(f) Home Rule. The Town has not amended its home rule charter adopted
March 24, 1986 except for the amendment(s)through April 2015 and the Town has not amended
or repealed any special law relating to the Town through the use of home rule procedures except
by adoption of the charter.
(g) Select Board Vote. Attached hereto is a true copy of the Select Board
Vote, which has not been amended or repealed and remains in full force and effect on this date.
(h) No Referendum. No petition for a referendum has been filed with respect
to any of the proceedings essential to the authorization, sale or issue of the Bond or the
authorization, execution or delivery of the Agreements.
(i) Development Districts. The Town has not established any development
districts pursuant to G.L. c.40Q.
- 3 -
25
0) Execution of Counterparts and Delivery by Electronic Means. This
certificate (the "Certificate") may be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute one and the same document. Delivery of
an executed counterpart of a signature page to the Certificate by electronic mail in a".pdf'file or
by other electronic transmission shall be as effective as delivery of a manually executed
counterpart signature page to the Certificate. Electronic signatures on the Certificate shall be
deemed original signatures for the purposes of the Certificate and all matters relating thereto,
having the same legal effect as original signatures.
[Remainder ofpage intentionally left blank; signature page follows.]
- 4 -
26
(k) No Litigation; No Financial Interest. There has been no litigation
affecting the authorization, execution, delivery, validity or issue of the Agreements or the Bond
or the power of the Town to levy and collect taxes to pay the Bond; none is pending or to our
knowledge threatened; neither the corporate existence nor boundaries of the Town nor the title of
any of us to our respective offices is being contested; and none of us and, to the best of our
knowledge, no other official of the Town has any direct or indirect financial interest in or
relationship with the Authority.
Dated: March 10, 2025
(date of delivery of and
payment for the Bond)
TOWN OF READING,
MASSACHUSETTS
By:
Treasurer
Town Clerk
Select Board
(TOWN SEAL)
[Signature page to Certificate]
27
VOTE OF THE SELECT BOARD
I, the Clerk of the Select Board of the Town of Reading, Massachusetts (the "Town"),
certify that at a meeting of the board held March 4, 2025, of which meeting all members of the
board were duly notified and at which a quorum was present, the following votes were
unanimously passed, all of which appear upon the official record of the board in my custody:
Voted: that the sale of the $260,000 Sewer Bond of the Town dated March 10,
2025, to the Massachusetts Water Resources Authority (the "Authority") is hereby
approved and the Town Treasurer or other appropriate Town official is authorized to
execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement
with the Authority with respect to the bond. The bond shall be payable without interest
on February 15 of the years and in the principal amounts as follows:
Year Installment Year Installment
2026 $26,000 2031 $26,000
2027 26,000 2032 26,000
2028 26,000 2033 26,000
2029 26,000 2034 26,000
2030 26,000 2035 26,000
Further Voted: that any certificates or documents relating to bond (collectively,
the "Documents"), may be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute one and the same document;
delivery of an executed counterpart of a signature page to a Document by electronic mail
in a".pdf' file or by other electronic transmission shall be as effective as delivery of a
manually executed counterpart signature page to such Document; and electronic
signatures on any of the Documents shall be deemed original signatures for the purposes
of the Documents and all matters relating thereto, having the same legal effect as original
signatures;
Further Voted: that all action taken to date by the Town and its officers and
agents to carry out this financing, including the execution of any application agreement
by the Treasurer or any other official of the Town, are hereby ratified, approved and
confirmed; and
Further Voted: that each member of the Select Board, the Town Clerk and the
Town Treasurer be and hereby are, authorized to take any and all such actions, and
execute and deliver such certificates, receipts or other documents as may be determined
by them, or any of them, to be necessary or convenient to carry into effect the provisions
of the foregoing vote.
143364404x.1 28
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes)was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the bond were taken in executive session,
all in accordance with G.L. c.30A, §§18-25, as amended.
Dated: March 4, 2025
Clerk of the Select Board
[Signature page to Vote of the Select Board]
29
Troutman Pepper Locke LLP ritl�lll
111 Huntington Avenue 9th Floor r lod-eN MA 02199-7613 pepp
www.troutman.com
Charlene J. Doucette
Paralegal
D 617-239-0258
charlene.doucette@troutman.com
VIA EMAIL
February 27, 2025
Diane Morabito, Treasurer
Town of Reading
16 Lowell Street
Reading, Massachusetts 01867
Re: $260,000 Massachusetts Water Resources Authority("MWRA") Sewer Bond
Dated March 10,2025
Dear Diane:
Attached is the signature page to the $260,000 MWRA Sewer Bond(the "Bond")followed by three
copies of each of the signature pages to the Certificate and Select Board Vote (the "Vote"). Please
forward the full set of documents to the other parties signing on behalf of the Town, and please ensure
that each of the enclosed signature pages are printed single-sided,signed by hand and sealed where
indicated.
The Bond will be issued to the MWRA on March 10,2025,with a distribution of funds on March 13,
2025. The Town should have received the Loan Agreement and the Financial Assistance Agreement
directly from the MWRA.
In order to close the borrowing with the MWRA on March 10th,we will need to receive the executed
Bond, Certificate and Vote by no later than Thursday, March 6th. Once executed,please email a copy of
the signature pages to me. After you have done so,please mail all of the executed closing documents to
me via FedEx using the enclosed label,
If you should have any questions,please do not hesitate to contact me.
Best regards,
Charlene J. Doucette
Attachments
cc: Hilltop Securities Inc.
143364632x.1 30
In Witness Whereof the Municipality has caused this bond to be signed by its Treasurer
and countersigned by its Select Board and the seal of the Municipality to be affixed hereto as of
the tenth day of March 2025.
TOWN OF READING, MASSACHUSETTS
By:
Treasurer
Countersigned:
Select Board
(TOWN SEAL)
[Signature page to Sewer Bond] 31
(k) No Litigation; No Financial Interest. There has been no litigation
affecting the authorization, execution, delivery, validity or issue of the Agreements or the Bond
or the power of the Town to levy and collect taxes to pay the Bond; none is pending or to our
knowledge threatened; neither the corporate existence nor boundaries of the Town nor the title of
any of us to our respective offices is being contested; and none of us and, to the best of our
knowledge, no other official of the Town has any direct or indirect financial interest in or
relationship with the Authority.
Dated: March 10, 2025
(date of delivery of and
payment for the Bond)
TOWN OF READING,
MASSACHUSETTS
By:
Treasurer
Town Clerk
Select Board
(TOWN SEAL)
[Signature page to Certificate]
32
(k) No Litigation; No Financial Interest. There has been no litigation
affecting the authorization, execution, delivery, validity or issue of the Agreements or the Bond
or the power of the Town to levy and collect taxes to pay the Bond; none is pending or to our
knowledge threatened; neither the corporate existence nor boundaries of the Town nor the title of
any of us to our respective offices is being contested; and none of us and, to the best of our
knowledge, no other official of the Town has any direct or indirect financial interest in or
relationship with the Authority.
Dated: March 10, 2025
(date of delivery of and
payment for the Bond)
TOWN OF READING,
MASSACHUSETTS
By:
Treasurer
Town Clerk
Select Board
(TOWN SEAL)
[Signature page to Certificate]
33
(k) No Litigation; No Financial Interest. There has been no litigation
affecting the authorization, execution, delivery, validity or issue of the Agreements or the Bond
or the power of the Town to levy and collect taxes to pay the Bond; none is pending or to our
knowledge threatened; neither the corporate existence nor boundaries of the Town nor the title of
any of us to our respective offices is being contested; and none of us and, to the best of our
knowledge, no other official of the Town has any direct or indirect financial interest in or
relationship with the Authority.
Dated: March 10, 2025
(date of delivery of and
payment for the Bond)
TOWN OF READING,
MASSACHUSETTS
By:
Treasurer
Town Clerk
Select Board
(TOWN SEAL)
[Signature page to Certificate]
34
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes) was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the bond were taken in executive session,
all in accordance with G.L. c.30A, §§18-25, as amended.
Dated: March 4, 2025
Clerk of the Select Board
[Signature page to Vote of the Select Board]
35
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes) was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the bond were taken in executive session,
all in accordance with G.L. c.30A, §§18-25, as amended.
Dated: March 4, 2025
Clerk of the Select Board
[Signature page to Vote of the Select Board]
36
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes) was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the bond were taken in executive session,
all in accordance with G.L. c.30A, §§18-25, as amended.
Dated: March 4, 2025
Clerk of the Select Board
[Signature page to Vote of the Select Board]
37
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Forest Mat & Topsoil Removal required at this site
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Post Tensioned Concrete Court due to
soil conditions
Post tension utilizes steel cables in a grid pattern that are
elevated so that when the concrete is poured, the cables run
through the middle of the slab.The slab cures after which they
cables are tensioned. The cables take static tension off the
concrete.This makes for a more stable and durable surface
over time. ,
ERIE
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Asphalt Courts
Asphalt courts are made by installing a layer of
asphalt on top of a cushion of gravel, then
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applying an acrylic coating generally over a
fiberglass inter layer. These courts are not as
durable from a life cycle perspective, especially
when installed over this type of soil.
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Proposed Phasing Plan
(Assuming funding for both is available)
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Cost
Total Project Cost: $1 ,894,000 inclusive of all project costs & contingency
included: Pickleball site master plan as shown
7 courts one of which is a fully accessible court
Post tensioned concrete court surfaces
Lighting
Connection to Burbank Arena rear parking area
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Reading Pickleball Courts
February 27,2025
TOTAL PROJECT COST WORKSHEET
HARD GOSr
Construction Cost
Construction Cost Estimate from PM&C 1,506,000
Accessible path Burbank Arena pickleball parking area 31,000
Utility Back Charge(Transformer) 20,000
Hard Cost Subtotal $1,557,000
SOFT COST
Permits&Approvals
Planning or Conservation peer review or other costs 2,000
Building Permit Fee waived
Electrical Permit Fees included
Architecture&Engineering
Architecture&Engineering 160,000
Reimbursables Allowance 5,000
Geotechnical Engineering 10,500
Testing&Inspections
Owner Provided Construction Inspections 5,000
Project Management
Owner's Project Manager(less previously funded) not required
Clerk of the Works not required
Advertising&Bidding
Public Bidding:Advertising&Document Website 3,000
Legal
Legal Fee Allowance 1,500
Other
Bonding Costs not included
Soft Cost Subtotal $187,000
CONTINGENCY
Owner's Contingency 150,000
Total Project Cost $1,894,000
ALTERNATES
Extension of Range Road beyond ReCAL 374,000
VALUE ENGINEERING,
Remove Pickleball Lighting(keep underground wiring) (198,000)
Eliminate One Pickleball Court(6 total provided) (199,000)
Eliminate Benches and Trash Receptacles (do,000)
Eliminate New Tree Plantings (36,000)
Asphalt Sidewalks in lieu of Concrete (1 x,000)
P:\3536 Reading Pickleball Courts\doc\costest\2025-0227 Total Project Cost SEPARATE CONTRACT&NO RAPS.xlsx
DRAFT Annual Town Meeting-April 2025 DRAFT
April 8(Election);April 28(M);May 1(Th);May 5(M);May 8(Th)
as of-> 2/27/2025
Art.# Article Description Sponsor Details Staff Comments Notes
1 Local Election Select Board 4/8/2025
2 Written Reports Select Board
defer to
3 Instructions Select Board last night
Amend the Capital
Improvement Program FY25-
4 FY35 Select Board Presentation-Town Accountant FINCOM
Main/Salem Traffic Signal
Relocation Construction
Funding Chris Cole&Ryan Percival
Funding for Rodent Control Ade Solarin
Firewall Upgrade($60,000) Kevin Furilla
Lead Replacement Program
(Water Capital) Chris Cole&Ryan Percival Also Separate Article
5 Amend the FY25 Budget FINCOM Presentation-Town Accountant FINCOM
Approve Payment of Prior
6 Years'Bills Select Board Presentation-Town Accountant to be tabled?
7 OPEB Select Board Presentation-Town Accountant
8 Approve Revolving Funds Select Board Presentation-Town Accountant FINCOM
Elder&Human Services
Revolving Fund Select Board Jenna Wood
Presentation-Victor Santaniello&Matt
9 Hero Act-Part 1 Select Board Kraunelis
Presentation-Victor Santaniello&Matt
10 Hero Act-Part 2 Select Board Kraunelis
Presentation-Town Manager-Town *2nd or
11 Adopt FY26 Budget FINCOM Accountant -School Department 3rd night*
Acceptance of 413 Main
Street Land for Sidewalk
12 Improvements Chris Cole&Ryan Percival
Funding for High
Street/Haven Street
13 Infrastructure Project Select Board Presentation-Town Engineer FINCOM
14 Funding for Picklebal) Jayne Wellman&Matt Kraunelis&Jenna Wood 2/3 vote
55
DRAFT Annual Town Meeting-April 2025 DRAFT
April 8(Election);April 28(M);May 1(Th);May 5(M);May 8(Th)
as of-> 2/27/2025
Art.# Article Description Sponsor Details Staff Comments Notes
15 Lead Replacement Program Chris Cole&Ryan Percival 2/3 vote
CPDC Floodplain Bylaw
16 Amendments Andrew MacNichol
Discontinuation of Drainage defer to
17 Easement Select Board Ryan Percival&Matt Kraunelis last night
Remove Town Meeting defer to
18 Members Select Board Presentation-Town Clerk Laura Gemme last night
56
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Town of Reading:
By virtue of this Warrant, I on 2025
notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to
meet at the place and at the time specified by posting attested copies of this Town Meeting
Warrant, in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Reading Police Station, 15 Union Street
Precinct 3 Reading Municipal Light Department, 230 Ash Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Reading Public Library, 64 Middlesex Avenue
Precinct 6 Barrows School, 16 Edgemont Avenue
Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive
Precinct 8 Wood End School, 85 Sunset Rock Lane
Town Hall, 16 Lowell Street
The date of posting being not less than fourteen (14) days prior to April 28, 2025, the date set for
Town Meeting in this Warrant.
Constable
A true copy Attest:
Laura Gemme, Town Clerk
57
�0��OFRfi9O��
Cm,
,639)NCO'P40PP�
TOWN WARRANT
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn
the inhabitants of the Town of Reading, qualified to vote in the Local Elections and Town affairs,
to meet in the following place designated for the eight precincts in said Town, namely:
Precincts 1, 2, 3, 4, 5, 6, 7 and 8
Reading Memorial High School, Hawkes Field House, Oakland Road
TUESDAY, the EIGHTH DAY OF APRIL, A.D., 2025
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To elect by ballot the following Town Officers:
A Moderator for one year;
Two members of the Board of Selectmen for three years;
Two members of the Board of Library Trustees for three years;
Two members of the Municipal Light Board for three years;
Two members of the School Committee for three years;
Sixty-five Town Meeting Members shall be elected to represent each of the following
precincts:
Precinct 1 Eight members for three years;
Precinct 2 Eight members for three years;
Precinct 3 Eight members for three years;
Precinct 3 One member for one year;
Precinct 4 Eight members for three years;
Precinct 5 Eight members for three years;
Precinct 6 Eight members for three years;
Precinct 7 Eight members for three years; and
Precinct 8 Eight members for three years
and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on
MONDAY, the TWENTY-EIGHTH DAY of APRIL A.D., 2025
58
at seven-thirty o'clock in the evening, at which time and place the following Articles are to be acted
upon and determined exclusively by Town Meeting Members in accordance with the provisions
of the Reading Home Rule Charter.
ARTICLE 2 To hear and act on the reports of the Select Board, School Committee,
Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager,
Town Accountant and any other Town Official, Board or Committee.
Select Board
ARTICLE 3 To choose all other necessary Town Officers and Boards or Committees
and determine what instructions shall be given to Town Officers and Boards or Committees, and
to see what sum the Town will vote to appropriate by borrowing or transfer from available funds,
or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the
instructions given to them, or take any other action with respect thereto.
Select Board
ARTICLE 4 To see if the Town will vote to amend the FY 2025-35 Capital
Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as
previously amended, or take any other action with respect thereto.
Select Board
ARTICLE 5 To see if the Town will vote to amend the Town's Operating Budget for the
Fiscal Year commencing July 1, 2024, as adopted under Article 12 of the Annual Town Meeting
of April 25, 2024 and amended under Article 4 of the Subsequent Town Meeting of November 12,
2024; and to see if the Town will vote to raise and appropriate, borrow or transfer from available
funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated
under said Article, as amended, for the operation of the Town and its government, or take any
other action with respect thereto.
Finance Committee
ARTICLE 6 To see if the Town will vote to raise and appropriate, transfer from available
funds, borrow or otherwise provide a sum or sums of money to pay bills remaining unpaid from
prior fiscal years for goods and services actually rendered to the Town, or take any other action
with respect thereto.
Select Board
ARTICLE 7 To see if the Town will vote to raise and appropriate, transfer from available
funds, borrow or otherwise provide a sum or sums of money for the purpose of funding the
irrevocable trust for "Other Post-Employment Benefits Liabilities", or take any other action with
respect thereto.
Select Board
59
ARTICLE 8 To see if the Town will vote to (1) establish the limit on the total amount
that may be expended from each revolving fund established by Article 6 of the Town of Reading
General Bylaw pursuant to Section 53E'/2 of Chapter 44 of the Massachusetts General Laws for
the fiscal year beginning July 1, 2025; (2) amend Section 6.5.2 of the General Bylaw, establishing
the Inspection Revolving Fund, as shown below, with the deletions being struck through and
additions being in bold;
6.5.2 Inspection Revolving Fund
Funds held in the Inspection Revolving Fund shall be used for legal costs, oversight and
inspection, plan review, property appraisals and appeals, public services general
management, pedestrian safety improvements, records archiving, and other costs related
to building, plumbing, wiring, gas, and other permits required for large construction
projects and shall be expended by the Town Manager. Receipts credited to this fund shall
include building, plumbing, wiring, gas and other permit fees for Johnson Woods, Eaton
Lakeview (23-25 Lakeview Avenue and 128 Eaton Street), 258 Main Street, 6-16 Chute
Street (Green Tomato), 25Haver Street (Rote i= 413 Main Street(MeIDenald's), 431
""�#eet (chaseBan-k4, 346-348 Main Street, and 459 Main Street (128 Tire)
developments.
And (3) establish a new Elder and Human Services Revolving Fund pursuant to Section 53E'/2 of
Chapter 44 of the Massachusetts General Laws, effective July 1, 2025, by taking the following
actions:
(a) adding a new Section 6.5.8 to the General Bylaws to read as follows:
6.5.8 Elder and Human Services Revolving Fund
Funds held in the Elder and Human Services Revolving Fund shall be used for
Elder and Human Services programming, including the acquisition of materials and
equipment for such programming, and shall be expended by the Elder and Human
Services Administrator. Receipts credited to this fund shall include user and rental
fees from the Elder and Human Services programming.
and
(b) establishing the limit on the total amount that may be expended from the new Elder
and Human Services Revolving Fund pursuant to Section 53E'/2 of Chapter 44 of the
Massachusetts General Laws for the fiscal year beginning July 1, 2025.
Or take any other action with respect thereto.
Select Board
60
ARTICLE 9 To see if the Town will vote to accept G.L. c. 59, § 5, clause 221, which
authorizes an annual increase in the amount of the exemption granted to certain veterans under
G.L. c. 59, § 5, clauses 22, 22A, 22B, 22C, 22E, and 22F by the percentage increase in the U.S.
Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as
determined by the Commissioner of Revenue, to be effective for applicable exemptions granted
for any fiscal year beginning on or after July 1, 2025; or to take any other action with respect
thereto.
Select Board
ARTICLE 10 To see if the Town will vote to accept G.L. c. 59, § 5, clause 22J, which
authorizes an annual increase in the amount of the exemption granted under G.L. c. 59, § 5,
clauses 22, 22A, 22B, 22C, 22E, and 22F by 100% of the personal exemption amount, subject to
the conditions in Clause 22J, to be effective for applicable exemptions granted for any fiscal year
beginning on or after July 1, 2025; or to take any other action with respect thereto.
Select Board
ARTICLE 11 To see if the Town will vote to raise and appropriate, transfer from available
funds, borrow or otherwise provide a sum or sums of money for the operation of the Town and its
government for Fiscal Year 2026, beginning July 1, 2025, or take any other action with respect
thereto.
Finance Committee
ARTICLE 12 To see if the Town will vote to authorize the Select Board to acquire by
purchase, gift, eminent domain or otherwise, for general municipal purposes, a portion of 170 Ash
Street, Reading (Assessor's Parcel Map 17, Lot 85), totaling approximately 261 square feet, and
shown as "PARCEL A" on a plan entitled "Approval Not Required Plan of Land, McDonald's USA,
LLC, 413 Main Street, Lot 64& 85, Map 17, Town of Reading, Middlesex County, Commonwealth
of Massachusetts," by Control Point Associates, Inc, which plan is available at the Town Clerk's
office, on such terms and conditions as the Select Board deems proper, or take any other action
related thereto.
Select Board
ARTICLE 13 To see if the Town will vote to raise and appropriate, transfer from available
funds or otherwise provide a sum or sums of money to pay the costs of infrastructure
improvements to the High Street and Haven Street Infrastructure Project, including replacement
of roadway, sidewalks, and related improvements, including the payment of any and all other
costs incidental and related thereto, said sum to be expended under the direction of the Town
Manager; and, for the purpose of meeting such appropriation, authorize the Town Treasurer, with
the approval of the Select Board, to allocate said sum in accordance with G.L. c. 44, §7(1), or any
other enabling authority, or take any other action with respect thereto.
Select Board
61
ARTICLE 14 To see if the Town will vote to raise and appropriate, borrow, transfer from
available funds or otherwise provide a sum or sums of money to pay the costs of designing and
constructing new pickleball courts at 0 E. of Haverhill Street (Assessor's Parcel Map 35, Lot 133)
otherwise known as the Zanni Parcel located off Symonds Way, including replacement of
roadway, sidewalks, and related parking and pedestrian improvements on the abutting parcel on
which the Burbank Ice Area is currently located (Assessors' Parcel Map 41, Lot 56), and further,
including the payment of any and all other costs incidental and related thereto, said sum to be
expended under the direction of the Town Manager; and, for the purpose of meeting such
appropriation, authorize the Town Treasurer, with the approval of the Select Board, to borrow said
sum in accordance with G.L. c. 44, §7(1), or any other enabling authority, or take any other action
with respect thereto.
Select Board
ARTICLE 15 To see if the Town will vote to raise and appropriate, borrow, transfer from
available funds or otherwise provide a sum or sums of money to pay the costs of lead mitigation
improvements to the Town's water system, including the payment of any and all other costs
incidental and related thereto, or take any other action with respect thereto.
Select Board
ARTICLE 16 To see if the Town will vote to amend Section 10.1 of the Zoning Bylaw,
the Floodplain Overlay District, including updates to incorporate revised FEMA Flood Insurance
Rate Maps (FIRMs) in Section 10.1.2 of the Zoning Bylaw, to comply with FEMA's Standards and
Regulations, including permit requirements and related definitions, or take any other action with
respect thereto.
Community Planning and Development Commission
ARTICLE 17 To see if the Town will vote pursuant to G.L. c. 40, § 15A to transfer a
drainage easement located across a certain parcel of land identified on the Town of Reading
Assessor's Maps as Parcel 0.38.0-0000-0139.0, also known as Parcel B on a plan entitled
"Compiled Plan of Land, Parcel "B" Reading, Massachusetts," drawn by Dana F. Perkins, Inc.,
Consulting Engineers and Land Surveyors, dated September 23, 1999 and recorded with the
Middlesex South Registry of Deeds as Plan No. 1071 of 1999 in Book 30698, Page 578, to the
Select Board for general municipal purposes, and to authorize the Select Board to partially
release, relocate, or amend a Town-owned said drainage easement in a manner acceptable to
the Town and in a form acceptable to Town Counsel, and to take such other and further actions
or execute such other and further documents as may be necessary to effectuate the purposes of
this article, or take any other action with respect thereto.
Select Board
ARTICLE 18 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home
Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove
certain described persons from their position as Town Meeting Members for failure to take the
oath of office within 30 days following the notice of election or for failure to attend one-half or more
of the Town Meeting sessions during the previous year, or take any other action with respect
thereto.
Select Board
62
and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1)
public place in each precinct of the Town not less than fourteen (14) days prior to April 28, 2025,
or providing in a manner such as electronic submission, holding for pickup or mailing, an attested
copy of said Warrant to each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to the Town
Clerk at or before the time appointed for said meeting.
Given under our hands this -th day of 12025.
Carlo Bacci
Mark L. Dockser
Karen Gately Herrick
Christopher Haley
Melissa Murphy
SELECT BOARD OF READING
Constable
63
GALVIN & GALVIN, PC
Attorneys and Counselors at Law
A Professional Corporation
10 Enterprise Street,Suite 3
Duxbury MA 02332-3315
(corner of Rtes 3A& 139)
Robert W.Galvin,Esq. Tel:(781)934-56781(781)834-4224
Facsimile: (781)837-1030
David A.Henig,Esq. * Email: rwgalvin@galvin-legal.com
Robert E.Galvin,Esq. (1933—d.2020)
William J. Galvin,Esq. (1898-d.1995)
*also licensed in NY.
December 5,2024
VIA EMAIL AND FIRST-CLASS MAIL
Matt Kraunelis, Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
RE: Discussion on Release of Drainage Easement over Lots 2 and 3 off Annette
Lane and Colburn Road Extension
Dear Mr. Kraunelis:
This office is Peter Scibold who is the owner of Lot B formerly a part of Lot 3 on a
Definitive Subdivision Plan entitled "Definitive Subdivision Plan, Colburn Road
Extension, Reading, Massachusetts"prepared by Robert E. Anderson, Inc., Engineers
dated January 16, 1985. See attached Lot B Plan(Ex. 1) and Original Subdivision Plan
(Ex. 2).
As you may or may not know,my client, Mr. Seibold, received permits and approvals to
develop Lot 3 as a Single-Family House lot during 2024 from the Reading Community
Planning&Development Commission and Reading Conservation Commission and has
begun the process of constructing the infrastructure and site improvements required by
those approvals. I assisted him with this permitting.
In connection with the permitting, Mr. Seibold and his engineers determined that original
Lot 3, was burdened with a drainage easement that was granted to the Town of Reading
back in August of 1985 on connection with a proposed subdivision extension by the
original developer, Mr, James Pacy,which we believe was needed to ensure that when
E
64
Matt I,'-launclis, Town Manager
RE: Drainage Easement Release
Page 2
Colburn Road was extended (as shown on the plan) there would be adequate drainage for
the new roadway segment. (Ex. 3)
The extension of Colburn Road was thereafter never built and the abutting parcels are
now owned by the Town of Reading likely eliminating the possibility of a new roadway
being built and consequently the potential need for an easement across Lot 3 for drainage
for the road/street that will not be constructed. I have attached an aerial photograph
showing the area (and labelled lots)to assist your understanding of the actual on the
ground conditions. (Ex. 4)
My request is to see if the Town of Reading would be willing to release a portion of the
1985 drainage easement across Lot 3 that we do not believe is any longer needed by the
Town so that the proposed home that we would prefer to construct can be further away
from a wetland area on the opposite side of Lot 3. In sum, we would like use a portion
of the drainage easement for theroposed home.
P I
We think that this would result in a more desirable home in a location even further from
the protected wetland resource area located on the opposite side of Lot 3 near what was
once projected to be an extension of Annette Lane to Apple Gate Lane which will not be
built. The relocated home will have more value to my client and create at least some
modest increase in taxable value of the property to the Town of Reading.
There may also be other options that may work for the Town and Mr. Seibold that we
could consider also..
I believe that a release of this easement would necessitate Reading Town Meeting
approval and we would be willing to undertake paying for the reasonable cost of
preparing the Town Meeting article, presenting and obtaining any potential approvals this
request to any town officials and boards, and taking any other measures the town deems
necessary to consider the request.
Kindly contact me upon receipt to let me know if this is something we could discuss
further.
Very-'wdy yours
Is/Robert W, GaNin
Robert W. Galvin, Esq.
cc: client
65
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CONVEYANCE Or EASEMENTT; ANDUTIL-ITIE
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James Pacy, Trustee of Etaystate Development Trust, for
considera-tion paid, and in full consideration of Due ($1.00) Dollar grants to the
Town of Reading a Municipal Corporation in Middlesex County, Massachusetts
with quitclaim covenants the perpetual rights and easements to construct,
°O inspect, repair, renew, replace, operate and maintain, water mains, drains
and sanitary sewers with manholes, pipes conduits and other appurtenances
c
thereto, and all Rights of Passage, Travel, and Access, in common with
others, and to do all acts incidental thereto in, through and under so
much of Calbuurn Road Extension as shown on plan of land entitled;
CD -Definitive Subdivision Plan, Colburn Road Extention, Reading, Mass.;
i Owner - Euaystate Development Trust; Engineer - Robert E. Anderson, Inc.;
Date; January 16, 1985, Revised, July 15, 19'S5° owned by said Grantor to
be recorded herewith with Middlesex South Registry of Deeds, and;a thirty
(30) foot wide Drain Easement on Lots 2 and 3, a thirty (30) foot wide
Drain Easement on Lot 11 a variable width Drain Easement on Lots 2 and 3,
.and a temporary twenty (20) font wide slope and tree planting easement on
Lots 11 21 and 31 all being; more fully described on the aforementioned;
plan recorded herewith, and for considerationaforesaid, the Grantor
hereby gives, grants, sells, transfers and delivers unto said Grantee and
its successors and assigns forever, all water, drain and sewer pipes,
manholes, conduits ,and all appurtenances thereto that are now or hereafter
constructed or installed xn, through or under the aoove described road and
emasewsents by the Grantor's successors or assigns.
For Grantors" title see Middlesex South Distract Rwgistrk of
Deeds, Book , Page and deed recorded herewith.
IN WITNESS WHEREOF, James Pacy, Trustee aforesaid have caused his
seal to be hereto affixed and these presents to be signed, acknowledged
and delivered in the name of said 14aystate Development Trust and behalf
this L164 day of August in the year 1985..
Signed and sealed this date. ---J`
�acy, Trus e
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss Augustan, 1995
Then personally appeared the above-named James Paco, as Trustee
aforesaid and acknowledged the foregoing instrument to be the free act and
deed on behalf of 14aystate Development Trus', before me. {{
NotJry Public
My Commission Expires, j-f L (^
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INTER-MUNICIPAL AGREEMENT
BETWEEN THE TOWN OF READING AND THE TOWN OF WAKEFIELD
ANIMAL CONTROL SERVICES
THIS AGREEMENT dated as of this day of , 2025 ("Agreement") by and between the
Town of Reading, a Massachusetts municipal corporation having a usual place of business at Town Hall, 16
Lowell Street, Reading MA 01867, acting by and through its Select Board ("Reading"), and the Town of
Wakefield, a Massachusetts municipal corporation having a usual place of business at 1 Lafayette Street,
Wakefield, Massachusetts 01880, acting by and through its Town Council ("Wakefield")
WITNESSETH THAT:
WHEREAS,Reading and Wakefield desire to share the services and costs associated with Animal Control
Services; and
WHEREAS, each of the parties has obtained authority to enter into this Agreement pursuant to G.L. c. 40,
§ 4A;
NOW, THEREFORE, in consideration of the premises set forth above and for other good and valuable
consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be
legally bound, hereby agree under seal as follows:
1. Animal Control Services. During the term of this Agreement,Reading and Wakefield shall assume
their respective shares of the costs associated with a shared Animal Control Services ("ACS"). Notwithstanding
any other provision of this Agreement to the contrary, Reading and Wakefield shall maintain separate Animal
Control Boards (or other public body having the same or similar functions) which shall be vested with the
authority for setting policy within their respective communities.
2. Term. The term of this Agreement shall commence on July 1, 2024, and shall expire on June 30,
2027,unless earlier terminated as set forth herein. The parties shall review their contractual relationship every 12
months, the terms of which are set forth herein, to ensure that this Agreement continues to satisfy the needs and
objectives of each town.
3. Identity of Animal Control Services. The parties shall share the per diem services and costs of the
incumbent ACS of Wakefield, consisting of Beverly Milward and Kevin Nichols, or a successor hired through
the standard practice of Wakefield in consultation with Reading.
4. Compensation. Wakefield shall pay the per diem costs associated with ACS and shall bill Reading
per fiscal quarter during the term of this Agreement, each payment to be due and payable within fifteen (15) days
after the commencement of such fiscal quarter(i.e., after 7/1, 10/1, 1/1 and 4/1). The ACS shall be paid $50 per
call received from Monday at 8 AM though Friday at 3 PM. Each town shall be responsible for calls originating
within such town. All billing shall be through Wakefield. During the weekend(meaning between 3 PM on Friday
through 8 AM on Monday)the ACS shall be compensated $250 for being on call plus $50 per call. The weekend
on-call fee of$250 shall be split evenly between the parties, and each town shall pay for calls within such town.
5. Cost of Care. Each Town shall be solely responsible for the cost of quarantining or caring for any
animals retrieved from such town.
6. Cost of Disposal. Each town shall be solely responsible for the cost of the disposal of any
deceased animals retrieved from such town.
70
7. Duties. The ACS shall perform duties as required by the respective local laws and regulations of
Wakefield and Reading. Attached as Appendix I is a document entitled"Reading and Wakefield ACS Task List
July 2021"to provide guidance as to the expected duties as they pertain to Reading.
8. Car. The ACS will be reimbursed for any mileage incurred in the performance of services
hereunder directly by the town in which such services are performed. All mileage reimbursement shall be paid
at the rate then governing in the town receiving such services.
9. Indemnification. Reading shall indemnify and hold harmless Wakefield and each and all of its
officials, officers, employees, agents, servants and representatives from and against any third-party claim arising
from or in connection with the performance by the ACS of duties in or for Reading including,without limitation,
any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property
by reason of any negligent act or omission or intentional misconduct by the ACS while in or performing services
for Reading. Similarly, Wakefield shall indemnify and hold harmless Reading and each and all of its officials,
officers, employees, agents, servants and representatives from and against any third-party claim arising from or
in connection with the performance by the ACS of duties in or for Wakefield, including without limitation, any
claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by
reason of any negligent act or omission or intentional misconduct by the ACS while in or performing services for
Wakefield. Such indemnification shall include, without limitation, current payment of all costs of defense
(including reasonable attorneys' fees, expert witness fees, court costs and related expenses) as and when such
costs become due and the amounts of any judgments, awards and/or settlements,provided that(a) Wakefield and
Reading shall each have the right to select counsel to defend against such claims, such counsel to be reasonably
acceptable to the other party and its insurer, if any, and to approve or reject any settlement with respect to which
indemnification is sought; (b) each party shall cooperate with the other in all reasonable respects in connection
with such defense; and (c) neither party shall be responsible to pay any judgment, award or settlement to the
extent occasioned by the negligence or intentional misconduct of any employee, agent, official or representative
of the other party other than the ACS. By entering into this Agreement, neither of the parties has waived any
governmental immunity or limitation of damages which may be extended to it by operation of law including,but
not limited to, G.L. c. 258, the Massachusetts Tort Claims Act.
The parties acknowledge that the ACS is an employee of Wakefield. Reading has no contractual
relationship with the ACS and all services performed by the ACS for Reading are done so pursuant to an
independent contractor relationship with Wakefield.
10. Termination. This Agreement may be terminated by either party for any reason or no reason on
ninety (90) days' written notice to the other. No such termination shall affect any obligation of indemnification
that may have arisen hereunder prior to such termination. The parties shall equitably adjust any payments made
or due relating to the unexpired portion of the term following such termination.
11. Assignment. Neither party shall assign or transfer any of its rights or interests in or to this
Agreement, or delegate any of its obligations hereunder, without the prior written consent of the other.
12. 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 this Agreement shall be construed and enforced as
if such invalid, illegal or unenforceable provision were not contained herein.
13. Waiver. The obligations and conditions set forth in this Agreement may be waived only by a
writing signed by the party waiving such obligation or condition. Forbearance or indulgence by a party shall not
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be construed as a waiver, nor limit the remedies that would otherwise be available to that parry under this
Agreement or applicable law. No waiver of any breach or default shall constitute or be deemed evidence of a
waiver of any subsequent or other breach or default.
14. Amendment. This Agreement may be amended only by a writing signed by both parties duly
authorized thereunto.
15. Governing Law. This Agreement shall be governed by and construed in accordance with the
substantive laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions
thereof.
16. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement
and shall not affect the interpretation of this Agreement.
17. Notices. Any notice permitted or required hereunder to be given or served on either parry by the
other shall be in writing signed in the name of or on behalf of the parry giving or serving the same. Notice shall
be deemed to have been received at the time of actual receipt of any hand delivery or five (5)business days after
the date of any properly addressed notice sent by mail as set forth below.
a. To Reading. Any notice to Reading hereunder shall be delivered by hand or sent by
registered or certified mail, return receipt requested,postage prepaid, to:
Matthew Kraunelis
Town Manager
Town Hall
16 Lowell Street
Reading MA 01867
or to such other address(es) as Reading may designate in writing to Wakefield.
b. To Wakefield. Any notice to Wakefield hereunder shall be delivered by hand or sent by
registered or certified mail, return receipt requested,postage prepaid, to:
Steve Maio
Town Administrator
Wakefield Town Hall
1 Lafayette Street
Wakefield, Massachusetts 01880
or to such other address(es) as Wakefield may designate in writing to Reading.
18. Complete Agreement. This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other
agreements or understandings between the parties concerning the subject matter hereof. Each parry acknowledges
that it has not relied on any representations by the other parry or by anyone acting or purporting to act for the
other parry or for whose actions the other parry is responsible, other than the express, written representations set
forth herein.
19. Financial Safeguards. Wakefield shall maintain separate, accurate and comprehensive records of
all services performed for each of the parties hereto. Wakefield shall maintain accurate and comprehensive
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records of all costs incurred by or on account of the ACS, and all reimbursements and contributions received from
Reading. Periodic financial statements must be issued to each parry. On an annual basis, the parties' Financial
Officers shall jointly audit the accounts of the ACS for accounting consistency and reliability.
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Appendix 1: Readinjz and Wakefield ACO Task List July 2021
Reasonable accommodations may be made to enable individuals with disabilities to perform the
essential functions.
Animal Control Services will be supported by the Office of the Town Clerk, the Public Health
Department and by the Police department on certain tasks below.
1. Enforces Massachusetts General Law 140, Sections 136A through 175 and the Town of
Reading's applicable bylaws.
2. Maintain a rabies certification record program to ensure that all dogs maintain up to date
rabies vaccinations.
3. Provide information whenever possible to the media regarding lost or found dogs.
4. Assist as requested the Massachusetts Division of Cruelty to Animals in their investigation of
the animal cruelty cases in the Town of Reading.
5. Issues warnings or citations to animal owners found to be in violation of all applicable laws.
6. Quarantines all dogs and cats that have bitten or been bitten, and reports quarantines to the
Massachusetts Division of Animal Health.
7. Receives and responds to all related calls and complaints. Investigate complaints and files
reports.
8. Performs kennel inspections of all homes with four or more dogs in residence.
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WITNESS OUR HANDS AND SEALS as of the first date written above.
TOWN OF WAKEFIELD
By its Town Council
Certificate of available
appropriation
Town Accountant
Approval as to legal form
Town Counsel
TOWN OF READING
By its Select Board
Certificate of available
appropriation
Town Accountant
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March 18,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Master Plan& Capital Projects
Priorities Discussion
Approve Re-World (formally Covanta)
Waste Disposal Contract
April 1,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Commissioners of Trust Funds Update
Discussion on possible creation of a
Disabilities Council Karen
Close Warrant for May Ist Special
Town Meeting
Vote to call for Special Election on
May 13
April 22,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Potential Vote to Confirm Town
Manager's appointment for Fire Chief
April 28,2025 TOWN MEETING
May 1,2025 TOWN MEETING
May 5,2025 TOWN MEETING
May 8,2025 TOWN MEETING
May 13,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
May 27,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
HEARING Classification Plan Sean Donahue
Preview FY26 Water and Sewer Rates
Annual Meeting with Reading Ice
Arena
June 10,2025
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Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Discuss and Vote on FY26 Water&
Public Hearing Sewer Rates
June 24,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Discuss Town Manager Goals
July 15,2025
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
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Select Board Draft Minutes
February 18, 2025
CB + KH via Zoom; no MM
Public Comment
Angela Binda spoke in favor of the parking kiosks noting Town Meeting voted for them.
Taylor Gregory feels their character was attacked by members Bacci and Haley.They also feel
Bacci has a conflict as a pickleball instructor and all the votes he has taken regarding
pickleball courts. Lastly,they feel Bacci and Haley both have conflicts and should not be
voting on setting the tax rate because they both own businesses in town.
David Carrol noted he is the resident requesting the Grey Coach Road streetlight be turned
back on.
Laision Reports
Dockser spoke about ReCal which will be presenting to the full board tonight.
Haley gave an update on Charter Review Committee noting they will hopefully be wrapping
up the RMLD conversation soon.
Herrick noted the Reading Scholarship Foundation is now taking applications.
Bacci noted there is a pickleball fundraiser coming up.
Town Manager Report
Kraunelis reported on some personnel changes within Town Hall. He reminded the
community of the MBTA Community Forum that will be held on February 25th to which he also
noted the library will be holding a black history trivia night on the same evening. Lastly, he
reported that health insurance is unfortunately going up 13.5%.
Grey Coach Road Street Light Discussion
DPW Director Chris Cole was present to explain a resident of Grey Coach Road is requesting
their streetlight be turned back on. It was originally turned off back in the 90's as part of an
energy conservation program.
Haley moved to authorize the streetlight in front of 33 Grey Coach Road be turned back
on effective immediately.The motion was seconded by Dockser and approved with a
unanimous roll call vote.
Discuss and Vote for In-Person Early Voting for April Election
Town Clerk Laura Gemme explained the board needs to opt-in to allow early voting in the
April location election if they want. She recommended holding early voting from March 31 st
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to April 3rd during normal town hall hours, based on a recommendation from the Board of
Registrars.
Haley moved to hold In-Person early voting during normal Town Hall hours March 31st-
April 3rd.the motion was seconded by Dockser and approved with a unanimous roll call
vote.
Discuss Logistics for Special Town Meeting
The board also discussed logistics for a special election in May, likely on May 13th, which will
include questions about the Killam and ReCal projects. Laura mentioned that she will
return in a few weeks to request approval for early voting for the May election as well.
ReCalc Presentation
Brian Hromaclka gave the board a presentation updating them on the current specs and cost
estimates.The project budget is set at $27.9 million for a 28,380 square foot facility, which
includes contingencies for design, inflation, construction, and owner's needs. Brian explained
cost management strategies and the project timeline, with construction expected to start in
Q12026 and completion in Fall 2027.The Permanent Building Committee has approved the
project, and it now awaits votes from the Select Board and Finance Committee before going
to town meeting.
Herrick expressed concerns about the generator's environmental impact and questioned its
necessity, citing low usage of current cooling centers. Chief Burns explains that the generator
is recommended for the building to serve as an emergency shelter during power outages or
other disasters as well as providing a place for residents to warm up/cool off if needed during
certain seasonal conditions.The fire department noted this is required for the building to be
used as a shelter in an emergency. Herrick acknowledges the explanation but remains
concerned about fossil fuel use.
Town Accountant Sharon Angstrom presented various borrowing options for two projects,
including a 15-year, 20-year, 25-year, and 30-year term. Herrick suggested having a
calculator on the website to help residents understand the impact of the projects on their
homes.Angstrom confirmed that they are working on this.
Town Meeting Warrant Preview
Kraunelis gave the board a preview of the Town Meeting warrant.
Future Agendas
The board discussed future agenda items.
Minutes
The board edited previous meeting minutes.
Haley moved to approve the meeting minutes from February 4, 2025 as amended.The
motion was seconded by Dockser and approved with a unanimous roll call vote.
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Haley moved to adjourn the meeting at 9:31 PM.The motion was seconded by Dockser
and approved with a unanimous roll call vote.
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