HomeMy WebLinkAbout2025-12-18 Select Board Packet (PDF)
Town of Reading
Meeting Posting with Agenda
2018-07-16LAG
Board - Committee - Commission - Council:
Select Board
Date: 2025-12-18Time: 7:00PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell StreetAgenda:
Purpose: General Business
Meeting Called By:Madeleine Baptisteon behalf of Chair Chris Haley
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk’s hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of topics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda.
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
*Public Comment is permitted after each Agenda Item limited to that Item*
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7:00 Pledge of Allegiance
Overview of Meeting
7:05 Public Comment (For any items not included on the agenda)
Discuss and Vote To Execute a New Grant Agreement with Reading
7:15
Community Television (RCTV)
Discuss Burbank Ice Arena Memorandum of Understanding/Master License
7:45
Agreement
Discuss and Vote on Sunset Date Extension for Ad Hoc Commemoration
8:15
Establishment Committee (ACE)
Discuss and Vote on Procedure for Town Manager Evaluation including
8:25 Selection of Direct Reports to Participate in a 360-Degree Assessment as
outlined in Section V. (B) of the Town Manager Contract
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.
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Town of Reading
Meeting Posting with Agenda
Approve Meeting Minutes
nd
8:35 December 2, 2025
rd
December 3, 2025
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.
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SELECT BOARD OF THE TOWN OF READING
GRANT AGREEMENT
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This Grant Agreement is made as of this 1st day of January, 2026 by and Formatted:
between Town of Reading, a municipal corporation organized and existing under the laws of
the Commonwealth of Massachusetts, having a principal place of business at 16 Lowell Street,
Reading MA, acting by and through its Select Board as Cable Television Issuing Authority
(the and Reading Community Television, Inc. a Massachusetts non-profit
corporation organized pursuant to Chapter 180 of the General Laws and recognized as
exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code,
having its principal place of business at 131 Main Street, Suite 103, Reading, Massachusetts
CTV
WHEREAS, the Select Board as Cable Television Issuing Authority on behalf of the Town has
executed Cable Licensing Agreements with Verizon New England, Inc. and Comcast Cable
, which agreements
are available at Town Hall;
WHEREAS, the Cable Licensing Agreements include payments from the Cable Licensees to
the Town that are intended to be used to support the
and its Public, Educational and Government Access Corporation (collectively, the
WHEREAS, the PEG Funds include (1) PEG Access Support Payments in the amount equal
to five percent of the Cable Licenseesgross annual revenues
and subject to such terms and conditions as are set forth in the Cable Licenses; and (2) PEG
Access Capital Funding; and
WHEREAS, the mission of the PEG Provider is to provide Public, Educational, and
Government (PEG) Access programming and services to the residents of the Town of
Reading in a manner that supports civic engagement, education, and community
communication.
Corporation, and its PEG Access Corporation, and to award the PEG Funds received under
Cable Licensing Agreements to RCTV on the terms and conditions in the Cable
Licensing Agreements and this Grant Agreement;
NOW, THEREFORE, the Parties agree as follows:
1. Designation of Community Access Corporation. RCTV is hereby designated as the Town
RCTV
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is the designated PEG Access Corporation for the Town of Reading. Hereinafter referred
2. PEG Funds: PEG Funds are those payments from the Cable Licensees to the Town that
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are intended to be used to support PEG Access Provider or otherwise Formatted:
provided to the Town for PEG Access purposes pursuant to applicable law. At the time
of this Grant Agreement, provisions for the payment ofPEG Funds by the Cable Licensees
to the Town are contained in
Verizon New England Inc., dated July 20, 2021, and Section 6.3 and Section 6.4 of the
with Comcast Cable Communications Management,
LLC, dated November 24, 2018. All Parties understand that, at the sole discretion of the
Town, the Town may, subject to applicable law and regulations,amend the terms of the
Cable Licensing Agreements or execute a new agreement with a Cable Licensee.
3. Award.
a. Disbursements of PEGFunds awarded pursuant to this Grant Agreement are
contingent on (1) receipt of the PEG Funds from the Cable Licensees
pursuant to the Cable Licensing Agreements in operation at the time of the
disbursement of funds; and if required by applicable Massachusetts law (2) Town
Meeting approval, if required by applicable Massachusetts law. If PEG Funds are
not received from a Cable Licensee, the Town shall notify RCTV in writing no
later than twenty-one (21) calendar days after the due date. In the event thatIf
PEG Funds are reduced or not paid to the Town in full, the Town shall provide
the full amount of PEG Funds that are received from the Cable Licensees to RCTV,
subject to Town Meeting approval, if required by applicable Massachusetts law.
The Town shall provide to RCTV all quarterly Gross Revenue/Franchise Fee
reports submitted to the Town by a Cable Licensee. If a Cable Licensee is
required to provide such quarterly reports to the Town and does not do so, the
Town shall attempt to pursue obtaining such report(s) from the Cable Licensee.
b. The Town agrees to award RCTV the PEG Funds on the conditions set out in this
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Grant Agreement and the Grant Award attached as It is understood Formatted:
that RCTV may solicit funds from other sources for the work described in Exhibit
A, but this Grant Agreement is not conditioned upon any amount being raised
by RCTV from any other source.
4. Additional Commitments.
a. Due to the current diminishing PEG revenue, the Town recognizes the financial
burden being placed on all PEG providers, including RCTV. To help alleviate this
burden, the Town shall make reasonable efforts to obtain additional capital funds
during its negotiations with the Cable Licensees in connection with the renewal
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of each Cable Licensing Agreement. To the extent permitted under any future
Cable Licensing Agreement, and subject to all applicable legal requirements, it is
including, but not limited to new equipment, replacement equipment,
administrative and studio rent. For the current and upcoming negotiations with
the Cable Licensees, the total target capital funding amount should be
approximately $100,000 annually. The Parties agree to renegotiate this Grant
Agreement in good faith to facilitate any disbursement of such capital funds to
RCTV, if necessary.
b. The Town may consider leasing administrative and/or studio space within a
Town-owned facility to RCTV, free-of-charge or for a fee. RCTV is under no
obligation to lease such space from the Town. The leasing of such space shall
comply with all applicable local, state and federal laws, including M.G.L. c.30B.
c. RCTV shall actively pursue additional funding sources to support and enhance its
operations and programming, including but not limited to, engaging in
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community fundraising activities at least four times per calendar year, and Formatted:
applying for relevant grants. RCTV shall provide the Town each year with a
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report detailing all efforts made toward fundraising and grant applications,
including any successful funding received, to furtherto further a diverse and
sustainable revenue stream.
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d. Not later than June 30, 2026, RCTV shall adopt and file with the Massachusetts Formatted:
an amendment to its Articles of
Organization, deleting Article IV(6) of its Article of Organization and replacing
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said section as set forth in Exhibit . RCTV hereby agrees to make no further Formatted:
amendment to said Article IV(6) during the term of this Grant Agreement
without reaching agreement on such amendment with the Town.
5.Expenditure of PEG Funds. PEG Fundsshall be expendedby RCTVto pay for direct
costs of the project(s) as well as program and administrative staff
salaries, travel expenses, materials and consultants required to execute the grant, subject
to the terms and conditions set forth in the applicable Cable Licensing Agreements in
operation at the time of the disbursement of funds.PEG Funds may be expended on any
indirect costs or overhead, such as rent, utilities, and indirect costs of administrative and
personnel salaries provided that expenditures for such costs are reasonable and in
accordance with any applicable state law. Documentation of such expenditures shall be
provided to the Town upon written request. PEG funds may not be expended on ancillary
media operations outside the PEG mission, which mission includes: (1) producing
community access programming for the residents and organizations of Reading for the
Licensees cable television systems and such other video and/or audio technologies and
formats for PEG Access programming used by PEG Access entities in the Commonwealth
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of Massachusetts, (2) allocating channel space and time to Reading residents and
organizations to distribute programming, and (3) providingtraining and education to
Reading residents and organizations in the use of PEG Access facilities and equipment.
New budget initiatives for operations that materially differ from traditional PEG Access
operations, and which are implemented utilizing PEG funds shall be discussed with the
Town Manager and Select Board Liaison, including demonstrating PEG applicability. As
a courtesy, RCTV Board will notify the Town Manager in the event that a new program
is developed not utilizing PEG funding.
6. No Pledge. ThisGrant Agreement shall not be interpreted to create any pledge or
commitment by the Town to make any other or future grants or contributions to the
RCTV or any other person or entity.
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7. Grant Period. This Grant Agreement shall be in effect between the Effective Date and Formatted:
June 30, 20297 ( Upon the written agreement of both parties, this
Grant Agreement may be renewed for an additional two (2) years, extending the
expiration date of this Grant Agreement to June 30, 203129 Grant
. Following the initial Grant Period or the Renewal Grant Period, where
applicable, this Grant Agreement may be extended at the sole option of the Select Board
for a period of up to six (6) months under the same terms and conditions or such terms
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mutually agreed upon. By March 22, 2029 and, where applicable, March 22, 2031, Formatted:
Should the Town decide to not renew the grant agreement, shall provide RCTV with
written notice of its intent to renew the Grant Agreement for the Renewal Grant Period.
a 100-day written notice to the RCTV Board is required.
8. Disbursement of PEG Funds. The PEG Funds shall be disbursed consistent with the terms
and conditions set forth in Cable Licensing Agreements in operation at the
time of the disbursement of funds.
9. Return of PEG Funds. Upon conclusion of a non-renewed Grant Period, the Renewal
Grant Period,or earlier termination pursuant to Section 189of this Grant Agreement,
any funds granted to RCTV under this Grant Agreement and not yet expended shall be
returned within thirty (30) calendar days to the Town without further expenditure
thereof. Nothing herein shall require the return of such funds legally committed at that
time in good faith, as reasonably determined by the Select Board after its review, to an
unrelated third-party for PEG Access related purposes consistent with this Agreement, if
the termination thereof may reasonably result in a financial loss or liability for RCTV,
subject to the rights of the Town under applicable law. RCTV shall provide the Town
with an accounting of all PEG Funds upon request and in accordance with Section 14.
10. Annual Review and Budget Audit. The Select Board shall, with a minimum of thirty (30)
calendar days written notice, schedule an Annual Review with the RCTV Board of
Directors during the months from December to February. At least twenty-one (21)
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calendar days prior to the Annual Review, RCTV shall provide the Town with the Annual
Review or Audit Report required to be filed with the Office of the Massachusetts
Attorney General, for the last fiscal year, an annual report detailing all efforts made
toward fundraising and grant applications, and the budget for the upcoming fiscal year;
provided, however, at any point between December 1 and March 1, the Town may
require RCTV to produce an Audit Report within three months of receipt of the written
request even where no Audit Report is required to be filed with the Attorney General.
Financial statements shall be signed by the RCTV Board President and the Treasurer. The
A written set of Select Board minutes
Annual Review shall be available as a public document. During the
year the RCTV Board shall meet with the Select Board, provided the Select Board
provides the RCTV Board with thirty (30) calendar written notice of the meeting.
The RCTV Board shall also submit to the Select Board as Cable Television Issuing
Authority or to the Town Manager on behalf of the Select Board in that capacity, quarterly
financial reportsas presented to the RCTV Board, as well as its meeting minutes, once
per quarter.
11. RCTV Board of Directors and Executive Director.
a. RCTV shall, in accordance with its duly adopted bylaws, establish the
membership and qualifications of its Board of Directors. Said bylaws shall not
permit a Board of Directors in excess of thirteen (13) members. At no time shall
a majority of Board members be non-residents of the Town of Reading. The Town
shall have full Board membership for three (3) of the seats, two (2) appointed by
the Select Board and one (1) by the School Committee
Appointed . All Town Appointed Directors shall be full voting
members and have all the same rights as other Board members. Only the Select
Board, as Issuing Authority or the School Committee pursuant to the agreed upon
appointment role granted hereby shall have removal authority over its Town
Appointed Director.
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b. The RCTV Board shall maintain an up-to-date policies and procedures manual
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and shall make it available upon written request by the Town Manager as agent
for the Select Board as Cable Television Issuing Authority. The RCTV Board shall
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maintain active membership in the following industry specific organizations:
Alliance for Community Media and Mass Access.
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b.c.RCTV shall provide written notice to the Town within three (3) business days
after: (1) Any vacancy in the position of Executive Director; (2) The appointment
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of an interim Executive Director; or (3) The appointment of a permanent (non-
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interim) Executive Director.
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12. Duty to Televise and Post Meetings.
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a. RCTV shall cover live the following public meetings : Town
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Meeting; Select Board; School Committee; Reading Municipal Light Board; and
Finance Committee. RCTV shall cover live where technically feasible, the
following public meetings -: Board of Health; Community
Planning and Development Commission; Conservation Commission; Council on
Aging, and the Zoning Board of Appeals. For the duration of the Killam School
Building Project and the Reading Center for Active Living Building Project, the
official Building Committee meetings shall be covered live when possible. The
Select Board or the Town Manager may request to amend the list of Non-Core
Meetings by written notice to RCTV. When live coverage is not possible for Non-
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Core Meetings, the meetings shall be recorded. RCTV shall post recordings of Formatted:
any meeting, including Non-Core meetings, to a website accessible by the public
within five (5) business days of the meeting.
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b. The Town understands that the availability of remote meetings enabled by
technology are key for allowing this breadth of coverage. Should the
Commonwealth or the Town of Reading reduce availability of remote meetings,
the Select Board shall . When
live coverage is not possible for Non-Core Meetings, the meetings shall be
recorded. The Select Board or the Town Manager may request to amend the list
of Non-Core Meetings by written notice to RCTV.
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12.c. Where a meeting is conducted remotely via an online meeting platform such
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as Zoom, the Town may provide a copy of the recordedvideo stream to RCTV.
Within five (5) business days of receipt, RCTV shall upload the recording to a
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website accessible by the public.
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13. Duty to Maintain Town Recordings
Commented \[IF1\]: This section was moved from
Section 15 to here. I thought it made more sense in
a.Recordings of all meetings of a Reading public body and all sessions of Town
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period of no less than six (6) years from the date of recording, and shall be
considered the property of the Town. Upon request, RCTV shall produce a copy
of a Town Recording in a file format usable by the Town.
b. RCTV shall provide at least thirty (30) calendar
destruction of any Town Recording which is between six (6) and ten (10) years
from the date of recording. Within fifteen (15) calendar days of receipt of the
notice of intent to destroy a Town Recording, the Town be provided access to
the recording to be downloaded by the Town, which RCTV shall produce prior
to its destruction.
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c. Quarterly and within one (1) month of expiration or termination the Grant
Agreement pursuant to Section 7 or Section 19, all Town Recordings not
previously provided to the Town, shall be provided to the Townin a file format
usable by the Town, unless otherwise agreed to in writing by the Town.
d. RCTV shall, to the fullest extent of its authority, grant, and shall not restrict or
impede, the Town having the unrestricted, perpetual, irrevocable right to use,
reproduce, distribute, publish, and publicly share all Town Recordings.
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15.14. Equipment and Security.
a.
students is a key priority. RCTV regularly assessesand updates its systems,
software, and hardware to reflect advancements in technology and best practices,
consistent with the scope of . RCTV shall
implement recognized and reasonable cybersecurity protocols to assist in
safeguarding recordings against unauthorized access, data breaches, and
tampering. This includes the reasonable use of encryption, secure storage, access
controls, and regular vulnerability assessments. In the event of any incident
compromising the safety, integrity, or confidentiality of the recording process or
its outputs, RCTV shall promptly notify relevant parties upon becoming aware
of such and take corrective action consistent with its obligations hereunder,
which expenseshall not be an obligation of the Town.
b. RCTV and the Town agree that RCTV shall implement the measures outlined in
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Exhibit within ten ( __10)____ calendar days of execution the Eeffective Formatted:
Ddate of this Grant Agreement. Failure to maintain compliance with the
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requirements of Exhibit , as may be amended, shall constitute a material
breach of this Grant Agreement.
16.15. Financial Records and Accounting.
a.RCTVshallmaintain such records with respect to utilization of the PEG Funds
and income derived therefrom as are kept in the normal course of business and
such additional records as may be required by the Town. Said records shall be
available for inspection by the Town during s normal business hours and
shall be retained for at least five (5) years after the termination or expiration of
this Grant Agreement. The Town shall be entitled to request copies of any record
so kept provided said record does not contain proprietary information of RCTV.
b. All PEG Funds shall be kept segregated continuously in a separate fund or account
dedicated for the purposes of this Grant Agreement, and no part of this award
may be used other than for thepurposes permitted under this Grant Agreement.
Such separate fund may be either: (1) a separate bank account restricted to the
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grant purposes; or (2)
records restricted to the grant purposes.
c. At the conclusion of the Grant Period or the Renewal Grant Period, if
applicable, or any six-month extension thereof, RCTV shall provide a complete
and accurate accounting of all funds received and expended under this Grant
Agreement. This accounting must demonstrate that all PEG Funds were used in
accordance with the terms and conditions of this Grant Agreement. The
accounting shall be submitted to the Select Board within thirty (30) calendar
days following the end of the Grant Period or the Renewal Grant Period, if
applicable, or any six-month extension thereof, and shall include supporting
documentation as requested by the Town. Where funds have been used in
violation of the Grant Agreement, the Town may seek repayment, as outlined in
Section 18 of this Grant Agreement.
17. Town Recordings
a. Recordings of all meetings of a Reading public body and all sessions of Town
Meeting shall be retained by RCTV for a
period of no less than six (6) years from the date of recording, and shall be
considered the property of the Town. Upon request, RCTV shall produce a copy
of a Town Recording in a file format usable by the Town.
b. RCTV shall provide at least thirty (30) calendar written notice of prior to
destruction of any Town Recording which is between six (6) and ten (10) years
from the date of recording. Within fifteen (15) calendar days of receipt of the
notice of intent to destroy a Town Recording, the Town be provided access to
the recording to be downloaded by the Town, which RCTV shall produce prior
to its destruction.
c. Quarterly and within one (1) month of expiration or termination the Grant
Agreement pursuant to Section 7 or Section 19, all Town Recordingsnot
previously provided to the Town, shall be provided to the Townin a file format
usable by the Town, unless otherwise agreed to in writing by the Town.
d. RCTV shall, to the fullest extent of its authority, grant, and shall not restrict or
impede, the Town having the unrestricted, perpetual, irrevocable right to use,
reproduce, distribute, publish, and publicly share all Town Recordings.
18.16. Tax Status. RCTV warrants that it is currently exempt from federal income tax
pursuant to Internal Revenue Code Section 501(c)(3) and is not a private foundation
under Section 509(a) of the Code. RCTV shall inform the Town immediately of any
change in, or proposed or actual revocation of tax status described herein. The
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Town may in its sole discretion deem anychange in or revocation of the tax
status to constitute a default under this Grant Agreement.
19.17. Insurance. RCTV shall purchase and maintain insurance of the type and limits listed
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in D This insurance shall be provided at RCTV Formatted:
and effect for the full Grant Period, including any renewal or extension thereof. All
policies shall be issued by companies lawfully authorized to write that type of insurance
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or better as assigned by A.M. Best Company, or an equivalent rating assigned by a similar
rating agency reasonably acceptable to the Town, or otherwise acceptable to Town.
RCTVshall submit an original of each certificate of insurance acceptable to the Town and
a copy of each insurance policy simultaneously with the execution of this Grant
Agreement. Certificates shall show each type of insurance, insurance company, policy
number, amount of insurance, deductibles/self-insured retentions, and policy effective
and expiration dates. RCTV shall submit updated certificates prior to the expiration of
any of the policies referenced in the certificates so that Town shall, at all times, possess
certificates indicating current coverage.
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RCTVis responsible for the payment of any and all deductibles under all required
insurance. The Town shall not be responsible for the payment of deductibles, self-insured
retentions or any portion thereof.
20.18. Termination or Non-Renewal of the Grant Agreement. Remedies for Material
Breach, Including Suspension, Termination, and Recovery of PEG Funds.
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a. In the event of a Material Breach of this Grant Agreement by RCTV, as Formatted:
determined by a simple majority vote of the Select Board, the Town may, upon
written notice , suspend further disbursements of PEG
Funds, require repayment of improperly expended PEG Funds, or terminate this
Agreement, subject to providing RCTV with twenty-one (21) calendar days
written notice of said Material Breach during which time RCTV shall have an
opportunity to cure said breach.
shall include, but not be limited to: (i) material misuse of PEG Funds; (ii) failure
to achieve or pursue the stated objectives of the grant, including programming
standards; (iii) material submission of false or misleading information; or (iv)
failure to comply with reporting, audit or other compliance requirements set
forth in this Agreement; or (v) failure to comply with Section 4.c of this
Agreement. (See also Section 9 and Section 18Subparagraph (d) .below.)
b. RCTV may continue to incur additional expenses during the twenty-one (21) day
cure period. However, in the event the Town has a reasonable basis to conclude
that PEG Funds have been or will be expended in violation of a material term of
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this Agreement, the Town shall have the right to instruct RCTV to immediately
cease to incur any additional expenses for such purpose(s), unless expressly
authorized in writing by the Select Board.
c. In the event that RCTV fails to cure the Material Breach within twenty-one (21)
calendar days of the Breach Notice, all improperly expended PEG Funds shall be
repaid by RCTV to the Town within thirty (30) calendar days.
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c.
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d. RCTV shall provide written notice to the Town within ten (10) business days
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after:
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(i) Any vacancy in the position of Executive Director;
(ii) The appointment of an interim Executive Director; and/or
(iii) The appointment of a permanent (non-interim) Executive Director
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Section 18(a) through 18(d) shall take effect on April 1, 2026For the ninety (90)
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calendar days following both and a
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Notice of a Permanent (non-interim) Executive Director (but not a Notice of Numbering Style: a, b, c, + Start at: 1 + Alignment:
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appointment of an interim Executive Director) Section 18(a) shall
be -calendar day period of temporary
; provided, however, that if RCTV expends PEG Fundsin
violation of this Agreement during any such 90-day period, RCTV
shall cure such violation within twenty-one (21) calendar days after written
notice from the Town; and provided, further, that . iIf RCTV fails to cure such
breach within that twenty-one (21) calendar day period, the Town
mayterminate this Agreement and require repayment of any funds as provided
in Sections 18(c) and 18(e). The temporary inapplicability of Section 18(a)
shall not apply if there are three (3) or more vacancies in the position of
Executive Director within any rolling three hundred sixty-five (365) calendar
day period, unless otherwise agreed in writing by the parties. The temporary
inapplicability appliesonly to the material breach designation under Section
18 and does not other section of
this Agreement. The parties may extend a 90-calendar day period of temporary
inapplicability my mutual written agreement.
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vacancy in the position of Executive Director, the 90-calendar day period of
temporary inapplicability shall begin running as set out above. (The
appointment of an interim Executive Directorshall not restart the 90-day
period.) Additionally, upon the subsequent appointment of a permanent (non-
interim) Executive Director by RCTV, regardless of the timing of such
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appointment, a new ninety (90) calendar day period of temporary inapplicability
shall commence. In the event of the appointment of a permanent Executive
Director after the expiration of the initial 90 calendar day period of temporary
inapplicability resulting from the vacancy, Section 18(a) shall again be
applicable, unless otherwise agreed to by the parties, until the appointment of a
permanent Executive Director at which time the subsequent 90-day period
temporary inapplicability, referenced above, shall commence.
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e.
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available at law, in equity or under this Grant Agreement.
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f. In the event of a Material Breach of this Grant Agreement by the Town, RCTV
may suspend its services under this Agreement and/or terminate this Agreement,
subject to providing the Town with twenty-one (21) calendar days written notice
of said Material Breach during which time the Town shall have an opportunity to
cure said breach.
but not be limited to: (i) failure to provide PEG funding in accordance with the
terms of Section 3 of this Agreement.
g. rights under this Section are in addition to any other remedies available
at law, in equity or under this Grant Agreement.
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21.19. Notice. Any and all notices, or other communications required or permitted under
this Grant Agreement, shall be in writing and delivered in hand or mailed by certified
mail, return receipt requested or by other reputable delivery service to the parties hereto
at the following addresses:
If to RCTV: RCTV Board President and RCTV Executive Director
Reading Community Television, Inc.
131 Main Street, Suite 103
Reading, MA 01867
If to the Town: Town of Reading
Town Manager
16 Lowell Street
Reading, MA 01867
22.20. Compliance with Laws. RCTV shall comply with all Federal, State and local laws,
rules, regulations and orders, including thoseapplicable to the projects undertaken
pursuant to this Grant Agreement. The Town shall comply with all Federal, State and
local laws, rules, regulations and ordersrelating to cable licensing and PEG Access
funding and operations.
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23.21. No Liability of Town. By making this award, the Town does not accept any liability
whatsoever for any acts, omissions or errors associated with performance of the
Grant Agreement. Nothing in this Grant Agreement shall be construed to render the
Town or any of its members, or their successors in office, personally liable for any
obligation under this Grant Agreement.
24.22. Indemnification. RCTV agrees to save, defend, indemnify and hold harmless the
Town of Reading against any and all suits, claims, or liabilities of every name, nature or
description arising out of or in consequence of the negligent or intentional actsof its
agents, servants or employees, in the performance of the obligations under this Grant
Agreement or by reason of its failure to fully comply with the terms of this Grant
Agreement, such indemnity to run to the Towns officers, agents and employees. RCTV
is at all times an independent contractor and not an agent or employee of the Town. No
act of commission or omission by either party shall make the other a principal, agent,
joint venture, partner or employee of the other.
25.23. Survival. Notwithstanding anything to the contrary in this Grant Agreement, Sections
9, 13, 14, 15, 18, 19, 22 and 23 shall survive any termination of this Grant Agreement
or expiration of the Grant Period, and any extension or renewal thereof.
26.24. No Assignment. This Grant Agreement may not be assigned by RCTVwithout prior
written agreement by the Town.
27.25. Severability. If any term or condition of this Grant Agreement or any application
thereof shall to any extent be held invalid, illegal or unenforceable by a court of
competent jurisdiction, the validity, legality, and enforceability of the remaining terms
and conditions of this Grant Agreement shall not be deemed affected thereby unless one
or both parties would be substantially or materially prejudiced.
28.26.Governing Law. This Grant Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts.
29.27. Entire Agreement. This Grant Agreement and the attached Exhibits constitute the
entire agreement between the parties, supersede any prior written or oral promises,
statements, or representations, and may be amended only in writing executed by both
the Town and RCTV.
30.28. Authority to Sign. The RCTV signatory below acknowledges and avers that he/she
has the authority to execute this Grant Agreement on behalf of RCTV.
TOWN OF READING
TOWN MANAGER
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Date:
_____________________________ ______________________
READING COMMUNITY TELEVISION, INC.
By its Executive Director, Date:
_____________________________ ______________________
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EXHIBIT A
GRANT AWARD
RECIPIENT: Reading Community Television, Inc. (RCTV)
GRANTOR: The Town of Reading, Massachusetts
GRANT PERIOD: See Section 7 of the Grant Agreement
CONDITIONS OF GRANT AWARD:
1.Use of Funds: PEG funds shall be expended on the direct and indirect costs of
providing the following services/project(s) and as specified in Sections 5, and 12
through 15 of the Grant Agreement:
a. Public Access Operate facilities and provide training, equipment, and
channel capacity for residents and community organizations to create and
Highlight
distribute non-commercial programming, including the development and Formatted:
implementation of outreach measures to inform local sports and youth
volunteers to livestream event.
b. Educational Access Work with local schools and educational institutions to
facilitate the creation and distribution of educational programming, including
coverage of school events, projects, and initiatives that support lifelong
learning.
i. Subject to available funding, the Recipient shall provide up to five
(5)classes per semesterat the high school level that cover the
education of TV Production, film production and broadcast
journalism. The instructor shall be employed by the Recipient. Any
and all reports by the instructor to the Recipient, and all
communications with RMHS shall include a designated RCTV staff
member, who is not the instructor. RCTV has the right to remove
the instructor and replace with a qualified person of their choosing
who they deem capable of handling the subject matter. This is a per
semester agreement and can be terminated by RCTV for reasons
such as insufficient funding or instructor availability. The RCTV high
school instructor shall comply with all applicable RMHS policies and
guidelines, inclusive of all background checks (CORI, SORI).
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c. Government Access Record, broadcast, and/or stream public meetings,
hearings, and other government-related programming to promote
transparency and informed participation in local government.
i. Historically, RCTV has recorded and broadcast local community
events and will continue to make reasonable efforts to provide coverage based
on available staffing, funding, and technical capacity. Annual events include:
local and state elections, candidate forums, Reading Street Faire, Reading
Friends and Family Day, MLK Celebration, Memorial Day Parade, Veterans
Day Parade, Juneteenth Celebration, Porchfest, and Reading Memorial High
must be
submitted to the Town's designated contact at RCTV at least thirty (30)
Highlight
calendar days in advance. (one forum per election cycle on a first request Formatted:
basis)RCTV agrees to livestream or record and post online for subsequent
Highlight
viewing on candidate forum per election cycle. CCoverage of any other event Formatted:
is not guaranteed. If RCTV is unable to cover a listed annual event or a
requested event, RCTV shall provide prior notice to the event
organizer. Notice should also be made to the Town and/or through public
posting such as social media.
d. The goal of these services is to promote equitable access to local media
production resources, encourage free expression within the limits of the law,
and provide a platform for information that strengthens the civic, educational,
and cultural life of the Town.
2.Financial Records:
a. The Recipient shall submit on a quarterly basis to the Grantor a statement of
services setting forth the nature and extent of the services provided pursuant
to this Grant Award, said statement to be in a form acceptable to the
Grantor. The Recipient shall include in the report details of efforts to
inform the community about the availability of the services available
pursuant to this Grant Award.
b. shall be open for inspection by the
Grantor; such inspections to be made at times mutually agreeable to the
Grantor and the Recipient.
3.The Recipient shall maintain a competent professional staff, headed by paid
administrative and coordinating positions.
4.The Recipient shall designate a dedicated primary point of contact with Town and
School Department staff for all scheduling, meetings, and other communications.
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The Town will be notified of any change to the dedicated primary point of contact
in writing.
5.The Recipient shall not move from its current address without first notifying the
Grantor.
6.services and the operation of its facilities shall be available to clients
without unlawful discrimination as to race, religion, ethnicity, color, gender, sexual
orientation, gender identity, national origin, ancestry, age, marital status, veteran
status, or disability, or any other protected status defined by law, and shall be non-
sectarian in nature. Reasonable access to studio space will be provided for RCTV
members.
7.Services rendered pursuant to this Grant Award shall be deemed for the public good
and conducted in a manner beneficial to the viewing public.
8.The Recipient shall provide the services described above until the conclusion of the
Grant Period, and any extension or renewal thereof, and shall not be entitled to
receive any additional funds from the Grantor for such services.
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EXHIBIT B
AMENDMENT TO ARTICLES OF ORGANIZATION
Article IV
(6) Notwithstanding any other provision in these Articles of Organization to the
contrary, in the event of the dissolution of the corporation or the winding
shall not be conveyed to any organization created or operated for profit or
to any individual for less than the fair market value of such property, and all
of its liabilities shall be conveyed or distributed only for one or more
exempt purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code, or shall be distributed to the federal government, or to a
state or local government, for a public purpose.
Except as otherwise required by law, upon the liquidation, dissolution or
winding up of the affairs of the corporation, after its debts and obligations
have been disposed of or due provision therefore has been taken by the
corporation, by the affirmative vote of the board of directorsof the
corporation or by a court in Massachusetts having jurisdiction in such
matters, all assets of the corporation shall be transferred to the Town of
Reading or its designee, provided, however, that any distribution to a
designee of the Town of Reading is contingent on such designee qualifying
under Section 501(c)(3) of the Internal Revenue Code at the time of
distribution. Dissolution of the corporation will be in accordance with
Chapter 180, §11A.
Not Highlight
All assets of the corporation transferred to the Town of Reading and/or its Formatted:
designee shall be used for PEG Access related purposes, serving the
residents of the Town of Reading and Reading based organizations,
consistent with applicable laws and regulations regarding the provision of
PEG Access operations, services and programming, unless otherwise
required by applicable law or as ordered by a court in Massachusetts having
jurisdiction in such matters.
Font: Perpetua, 13 pt
Formatted:
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EXHIBIT C
RCTV shall implement the following measures:
1. XXXX
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EXHIBIT D
INSURANCE LIMITS
RECIPIENT: Reading Community Television Inc.
GRANTOR: The Town of Reading, Massachusetts
GRANT PERIOD: See Section 7 of the Grant Agreement
The Recipient shall purchase and maintain insurance of the following types and limits with
respect to work performed under the foregoing Grant Agreement:
(i) .L. Chapter 152.
(ii) Commercial General Liability Insurance, with a minimum limit of
$1,000,000 Bodily Injury and Property Damage Liability, Combined Single
Limit with a $3,000,000 Annual Aggregate Limit. The Town of Reading
shall be listed as an additional insured.
(iii)Automobile Liability Insurance with a limit of not less than $1,000,000
Bodily Injury and Property Damage peraccident. The Town of Reading
shall be listed as an additional insured.
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SELECT BOARD OF THE TOWN OF READING
GRANT AGREEMENT
This Grant Agreement is made as of this 1st day of January, 2026 by and
between Town of Reading, a municipal corporation organized and existing under the laws of
the Commonwealth of Massachusetts, having a principal place of business at 16 Lowell Street,
Reading MA, acting by and through its Select Board as Cable Television Issuing Authority
and Reading Community Television, Inc. a Massachusetts non-profit
corporation organized pursuant to Chapter 180 of the General Laws and recognized as
exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code,
having its principal place of business at 131 Main Street, Suite 103, Reading, Massachusetts
CTV
WHEREAS, the Select Board as Cable Television Issuing Authority on behalf of the Town has
executed Cable Licensing Agreements with Verizon New England, Inc. and Comcast Cable
, which agreements
are available at Town Hall;
WHEREAS, the Cable Licensing Agreements include payments from the Cable Licensees to
the Town that are intended to be used to support the
and its Public, Educational and Government Access Corporation (collectively, the
WHEREAS, the PEG Funds include (1) PEG Access Support Payments in the amount equal
to five percent of the Cable Licenseesgross annual revenues
and subject to such terms and conditions as are set forth in the Cable Licenses; and (2) PEG
Access Capital Funding; and
WHEREAS, the mission of the PEG Provider is to provide Public, Educational, and
Government (PEG) Access programming and services to the residents of the Town of
Reading in a manner that supports civic engagement, education, and community
communication.
Corporation, and its PEG Access Corporation, and to award the PEG Funds received under
Cable Licensing Agreements to RCTV on the terms and conditions in the Cable
Licensing Agreements and this Grant Agreement;
NOW, THEREFORE, the Parties agree as follows:
1. Designation of Community Access Corporation. RCTV is hereby designated as the Town
RCTV
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is the designated PEG Access Corporation for the Town of Reading. Hereinafter referred
2. PEG Funds: PEG Funds are those payments from the Cable Licensees to the Town that
are intended to be used to support PEG Access Provider or otherwise
provided to the Town for PEG Access purposes pursuant to applicable law. At the time
of this Grant Agreement, provisions for the payment of PEG Funds by the Cable Licensees
to the Town are contained in
Verizon New England Inc., dated July 20, 2021, and Section 6.3 and Section 6.4 of the
LLC, dated November 24, 2018. All Parties understand that, at the sole discretion of the
Town, the Town may, subject to applicable law and regulations, amend the terms of the
Cable Licensing Agreements or execute a new agreement with a Cable Licensee.
3. Award.
a. Disbursements of PEG Funds awarded pursuant to this Grant Agreement are
contingent on (1) receipt of the PEG Funds from the Cable Licensees
pursuant to the Cable Licensing Agreements in operation at the time of the
disbursement of funds; and (2) Town Meeting approval, if required by applicable
Massachusetts law. If PEG Funds are not received from a Cable Licensee, the
Town shall notify RCTV in writing no later than twenty-one (21) calendar days
after the due date. If PEG Funds are reduced or not paid to the Town in full, the
Town shall provide the full amount of PEG Funds that are received from the Cable
Licensees to RCTV, subject to Town Meeting approval, if required by applicable
Massachusetts law. The Town shall provide to RCTV all quarterly Gross
Revenue/Franchise Fee reports submitted to the Town by a Cable Licensee. If a
Cable Licensee is required to provide such quarterly reports to the Town and does
not do so, the Town shall attempt to pursue obtaining such report(s) from the
Cable Licensee.
b. The Town agrees to award RCTV the PEG Funds on the conditions set out in this
Grant Agreement and the Grant Award attached as It is understood
that RCTV may solicit funds from other sources for the work described in Exhibit
A, but this Grant Agreement is not conditioned upon any amount being raised
by RCTV from any other source.
4. Additional Commitments.
a. Due to the current diminishing PEG revenue, the Town recognizes the financial
burden being placed on all PEG providers, including RCTV. To help alleviate this
burden, the Town shall make reasonable efforts to obtain additional capital funds
during its negotiations with the Cable Licensees in connection with the renewal
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of each Cable Licensing Agreement. To the extent permitted under any future
Cable Licensing Agreement, and subject to all applicable legal requirements, it is
including, but not limited to new equipment, replacement equipment,
administrative and studio rent. For the current and upcoming negotiations with
the Cable Licensees, the total target capital funding amount should be
approximately $100,000 annually. The Parties agree to renegotiate this Grant
Agreement in good faith to facilitate any disbursement of such capital funds to
RCTV, if necessary.
b. The Town may consider leasing administrative and/or studio space within a
Town-owned facility to RCTV. RCTV is under no obligation to lease such space
from the Town. The leasing of such space shall comply with all applicable local,
state and federal laws, including M.G.L. c.30B.
c. RCTV shall actively pursue additional funding sources to support and enhance its
operations and programming, including but not limited to, engaging in
community fundraising activities at least four times per calendar year, and
applying for relevant grants. RCTV shall provide the Town each year with a
report detailing all efforts made toward fundraising and grant applications,
including any successful funding received, to further a diverse and sustainable
revenue stream.
d. Not later than June 30, 2026, RCTV shall adopt and file with the Massachusetts
an amendment to its Articles of
Organization, deleting Article IV(6) of its Article of Organization and replacing
said section as set forth in Exhibit . RCTV hereby agrees to make no further
amendment to said Article IV(6) during the term of this Grant Agreement
without reaching agreement on such amendment with the Town.
5. Expenditure of PEG Funds. PEG Funds shall be expended by RCTV to pay for direct
costs of the project(s) as well as program and administrative staff
salaries, travel expenses, materials and consultants required to execute the grant, subject
to the terms and conditions set forth in the applicable Cable Licensing Agreements in
operation at the time of the disbursement of funds. PEG Funds may be expended on any
indirect costs or overhead, such as rent, utilities, and indirect costs of administrative and
personnel salaries provided that expenditures for such costs are reasonable and in
accordance with any applicable state law. Documentation of such expenditures shall be
provided to the Town upon written request. PEG funds may not be expended on ancillary
media operations outside the PEG mission, which mission includes: (1) producing
community access programming for the residents and organizations of Reading for the
Licensees cable television systems and such other video and/or audio technologies and
formats for PEG Access programming used by PEG Access entities in the Commonwealth
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of Massachusetts, (2) allocating channel space and time to Reading residents and
organizations to distribute programming, and (3) providing training and education to
Reading residents and organizations in the use of PEG Access facilities and equipment.
New budget initiatives for operations that materially differ from traditional PEG Access
operations, and which are implemented utilizing PEG funds shall be discussed with the
Town Manager and Select Board Liaison, including demonstrating PEG applicability. As
a courtesy, RCTV Board will notify the Town Manager in the event that a new program
is developed not utilizing PEG funding.
6. No Pledge. This Grant Agreement shall not be interpreted to create any pledge or
commitment by the Town to make any other or future grants or contributions to the
RCTV or any other person or entity.
7. Grant Period. This Grant Agreement shall be in effect between the Effective Date and
June 30, 2029 ( Upon the written agreement of both parties, this
Grant Agreement may be renewed for an additional two (2) years, extending the
expiration date of this Grant Agreement to June 30, 2031 Grant .
Following the Grant Period or the Renewal Grant Period, where applicable, this Grant
Agreement may be extended at the sole option of the Select Board for a period of up to
six (6) months under the same terms and conditions or such terms mutually agreed upon.
By March 22, 2029 and, where applicable, March 22, 2031, the Town shall provide
RCTV with written notice of its intent to renew the Grant Agreement for the Renewal
Grant Period.
8. Disbursement of PEG Funds. The PEG Funds shall be disbursed consistent with the terms
and conditions set forth in Cable Licensing Agreements in operation at the
time of the disbursement of funds.
9. Return of PEG Funds. Upon conclusion of a non-renewed Grant Period, the Renewal
Grant Period, or earlier termination pursuant to Section 18 of this Grant Agreement, any
funds granted to RCTV under this Grant Agreement and not yet expended shall be
returned within thirty (30) calendar days to the Town without further expenditure
thereof. Nothing herein shall require the return of such funds legally committed at that
time in good faith, as reasonably determined by the Select Board after its review, to an
unrelated third-party for PEG Access related purposes consistent with this Agreement, if
the termination thereof may reasonably result in a financial loss or liability for RCTV,
subject to the rights of the Town under applicable law. RCTV shall provide the Town
with an accounting of all PEG Funds upon request and in accordance with Section 14.
10. Annual Review and Budget Audit. The Select Board shall, with a minimum of thirty (30)
calendar days written notice, schedule an Annual Review with the RCTV Board of
Directors during the months from December to February. At least twenty-one (21)
calendar days prior to the Annual Review, RCTV shall provide the Town with the Annual
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Review or Audit Report required to be filed with the Office of the Massachusetts
Attorney General, for the last fiscal year, an annual report detailing all efforts made
toward fundraising and grant applications, and the budget for the upcoming fiscal year;
provided, however, at any point between December 1 and March 1, the Town may
require RCTV to produce an Audit Report within three months of receipt of the written
request even where no Audit Report is required to be filed with the Attorney General.
Financial statements shall be signed by the RCTV Board President and the Treasurer. The
A written set of Select Board minutes
Annual Review shall be available as a public document. During the
year the RCTV Board shall meet with the Select Board, provided the Select Board
provides the RCTV Board with thirty (30) calendar written notice of the meeting.
The RCTV Board shall also submit to the Select Board as Cable Television Issuing
Authority or to the Town Manager on behalf of the Select Board in that capacity, quarterly
financial reports as presented to the RCTV Board, as well as its meeting minutes, once
per quarter.
11. RCTV Board of Directors and Executive Director.
a. RCTV shall, in accordance with its duly adopted bylaws, establish the
membership and qualifications of its Board of Directors. Said bylaws shall not
permit a Board of Directors in excess of thirteen (13) members. At no time shall
a majority of Board members be non-residents of the Town of Reading. The Town
shall have full Board membership for three (3) of the seats, two (2) appointed by
the Select Board and one (1) by the School Committee
Appointed . All Town Appointed Directors shall be full voting
members and have all the same rights as other Board members. Only the Select
Board or the School Committee pursuant to the agreed upon appointment role
granted hereby shall have removal authority over its Town Appointed Director.
b. The RCTV Board shall maintain an up-to-date policies and procedures manual
and shall make it available upon written request by the Town Manager as agent
for the Select Board as Cable Television Issuing Authority. The RCTV Board shall
maintain active membership in the following industry specific organizations:
Alliance for Community Media and Mass Access.
c. RCTV shall provide written notice to the Town within three (3) business days
after: (1) Any vacancy in the position of Executive Director; (2) The appointment
of an interim Executive Director; or (3) The appointment of a permanent (non-
interim) Executive Director.
12. Duty to Televise and Post Meetings.
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a. RCTV shall cover live the following public meetings : Town
Meeting; Select Board; School Committee; Reading Municipal Light Board; and
Finance Committee. RCTV shall cover live where technically feasible, the
following public meetings -: Board of Health; Community
Planning and Development Commission; Conservation Commission; Council on
Aging, and the Zoning Board of Appeals. For the duration of the Killam School
Building Project and the Reading Center for Active Living Building Project, the
official Building Committee meetings shall be covered live when possible. The
Select Board or the Town Manager may request to amend the list of Non-Core
Meetings by written notice to RCTV. When live coverage is not possible for Non-
Core Meetings, the meetings shall be recorded. RCTV shall post recordings of
any meeting, including Non-Core meetings, to a website accessible by the public
within five (5) business days of the meeting.
b. The Town understands that the availability of remote meetings enabled by
technology are key for allowing this breadth of coverage. Should the
Commonwealth or the Town of Reading reduce availability of remote meetings,
the Select Board shall
c. Where a meeting is conducted remotely via an online meeting platform such as
Zoom, the Town may provide a copy of the recorded video stream to RCTV.
Within five (5) business days of receipt, RCTV shall upload the recording to a
website accessible by the public.
13. Duty to Maintain Town Recordings
a. Recordings of all meetings of a Reading public body and all sessions of Town
period of no less than six (6) years from the date of recording, and shall be
considered the property of the Town. Upon request, RCTV shall produce a copy
of a Town Recording in a file format usable by the Town.
b.
destruction of any Town Recording which is between six (6) and ten (10) years
from the date of recording. Within fifteen (15) calendar days of receipt of the
notice of intent to destroy a Town Recording, the Town be provided access to
the recording to be downloaded by the Town, which RCTV shall produce prior
to its destruction.
c. Quarterly and within one (1) month of expiration or termination the Grant
Agreement pursuant to Section 7 or Section 19, all Town Recordings not
previously provided to the Town, shall be provided to the Town in a file format
usable by the Town, unless otherwise agreed to in writing by the Town.
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d. RCTV shall, to the fullest extent of its authority, grant, and shall not restrict or
impede, the Town having the unrestricted, perpetual, irrevocable right to use,
reproduce, distribute, publish, and publicly share all Town Recordings.
14. Equipment and Security.
a.
students is a key priority. RCTV regularly assesses and updates its systems,
software, and hardware to reflect advancements in technology and best practices,
consistent with the scope of . RCTV shall
implement recognized and reasonable cybersecurity protocols to assist in
safeguarding recordings against unauthorized access, data breaches, and
tampering. This includes the reasonable use of encryption, secure storage, access
controls, and regular vulnerability assessments. In the event of any incident
compromising the safety, integrity, or confidentiality of the recording process or
its outputs, RCTV shall promptly notify relevant parties upon becoming aware of
such and take corrective action consistent with its obligations hereunder, which
expense shall not be an obligation of the Town.
b. RCTV and the Town agree that RCTV shall implement the measures outlined in
Exhibit within ten (10) calendar days of the Effective Date of this Grant
Agreement. Failure to maintain compliance with the requirements of ,
as may be amended, shall constitute a material breach of this Grant Agreement.
15. Financial Records and Accounting.
a. RCTV shall maintain such records with respect to utilization of the PEG Funds
and income derived therefrom as are kept in the normal course of business and
such additional records as may be required by the Town. Said records shall be
available for inspection by the Town during s normal business hours and
shall be retained for at least five (5) years after the termination or expiration of
this Grant Agreement. The Town shall be entitled to request copies of any record
so kept provided said record does not contain proprietary information of RCTV.
b. All PEG Funds shall be kept segregated continuously in a separate fund or account
dedicated for the purposes of this Grant Agreement, and no part of this award
may be used other than for the purposes permitted under this Grant Agreement.
Such separate fund may be either: (1) a separate bank account restricted to the
grant purposes; or (2)
records restricted to the grant purposes.
c. At the conclusion of the Grant Period or the Renewal Grant Period, if
applicable, or any six-month extension thereof, RCTV shall provide a complete
and accurate accounting of all funds received and expended under this Grant
Agreement. This accounting must demonstrate that all PEG Funds were used in
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accordance with the terms and conditions of this Grant Agreement. The
accounting shall be submitted to the Select Board within thirty (30) calendar
days following the end of the Grant Period or the Renewal Grant Period, if
applicable, or any six-month extension thereof, and shall include supporting
documentation as requested by the Town. Where funds have been used in
violation of the Grant Agreement, the Town may seek repayment, as outlined in
Section 18 of this Grant Agreement.
16. Tax Status. RCTV warrants that it is currently exempt from federal income tax pursuant
to Internal Revenue Code Section 501(c)(3) and is not a private foundation under Section
509(a) of the Code. RCTV shall inform the Town immediately of any change in, or
proposed or actual revocation of tax status described herein. The Town may in
its sole discretion deem any change in or revocation of the tax status to constitute
a default under this Grant Agreement.
17. Insurance. RCTV shall purchase and maintain insurance of the type and limits listed in
D This insurance shall be provided at RCTV
and effect for the full Grant Period, including any renewal or extension thereof. All
policies shall be issued by companies lawfully authorized to write that type of insurance
-
or better as assigned by A.M. Best Company, or an equivalent rating assigned by a similar
rating agency reasonably acceptable to the Town, or otherwise acceptable to Town.
RCTV shall submit an original of each certificate of insurance acceptable to the Town and
a copy of each insurance policy simultaneously with the execution of this Grant
Agreement. Certificates shall show each type of insurance, insurance company, policy
number, amount of insurance, deductibles/self-insured retentions, and policy effective
and expiration dates. RCTV shall submit updated certificates prior to the expiration of
any of the policies referenced in the certificates so that Town shall, at all times, possess
certificates indicating current coverage.
RCTV is responsible for the payment of any and all deductibles under all required
insurance. The Town shall not be responsible for the payment of deductibles, self-insured
retentions or any portion thereof.
18. Termination or Non-Renewal of the Grant Agreement. Remedies for Material Breach,
Including Suspension, Termination, and Recovery of PEG Funds.
a. In the event of a Material Breach of this Grant Agreement by RCTV, as
determined by a simple majority vote of the Select Board, the Town may, upon
written notice , suspend further disbursements of PEG
Funds, require repayment of improperly expended PEG Funds, or terminate this
Agreement, subject to providing RCTV with twenty-one (21) calendar days
written notice of said Material Breach during which time RCTV shall have an
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opportunity to cure said breach.
shall include, but not be limited to: (i) material misuse of PEG Funds; (ii) failure
to achieve or pursue the stated objectives of the grant, including programming
standards; (iii) material submission of false or misleading information; (iv) failure
to comply with reporting, audit or other compliance requirements set forth in
this Agreement; or (v) failure to comply with Section 4.c of this Agreement. (See
also Section 9 and Section 18(d).)
b. RCTV may continue to incur additional expenses during the twenty-one (21) day
cure period. However, in the event the Town has a reasonable basis to conclude
that PEG Funds have been or will be expended in violation of a material term of
this Agreement, the Town shall have the right to instruct RCTV to immediately
cease to incur any additional expenses for such purpose(s), unless expressly
authorized in writing by the Select Board.
c. In the event that RCTV fails to cure the Material Breach within twenty-one (21)
calendar days of the Breach Notice, all improperly expended PEG Funds shall be
repaid by RCTV to the Town within thirty (30) calendar days.
d. Section 18(a) through 18(d) shall take effect on April 1, 2026; provided,
however, that if RCTV expends PEG Funds in violation of this Agreement
during any such 90-day period, RCTV shall cure such violation
within twenty-one (21) calendar days after written notice from the Town; and
provided, further, that if RCTV fails to cure such breach within that twenty-one
(21) calendar day period, the Town may terminate this Agreement and require
repayment of any funds as provided in Sections 18(c) and 18(e). The temporary
inapplicability applies only to the material breach designation under Section
18 and does not other section of
this Agreement.
e.
available at law, in equity or under this Grant Agreement.
f. In the event of a Material Breach of this Grant Agreement by the Town, RCTV
may suspend its services under this Agreement and/or terminate this Agreement,
subject to providing the Town with twenty-one (21) calendar days written notice
of said Material Breach during which time the Town shall have an opportunity to
cure said breach.
but not be limited to: (i) failure to provide PEG funding in accordance with the
terms of Section 3 of this Agreement.
g. rights under this Section are in addition to any other remedies available
at law, in equity or under this Grant Agreement.
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19. Notice. Any and all notices, or other communications required or permitted under this
Grant Agreement, shall be in writing and delivered in hand or mailed by certified mail,
return receipt requested or by other reputable delivery service to the parties hereto at
the following addresses:
If to RCTV: RCTV Board President and RCTV Executive Director
Reading Community Television, Inc.
131 Main Street, Suite 103
Reading, MA 01867
If to the Town: Town of Reading
Town Manager
16 Lowell Street
Reading, MA 01867
20. Compliance with Laws. RCTV shall comply with all Federal, State and local laws, rules,
regulations and orders, including those applicable to the projects undertaken pursuant to
this Grant Agreement. The Town shall comply with all Federal, State and local laws,
rules, regulations and orders relating to cable licensing and PEG Access funding and
operations.
21. No Liability of Town. By making this award, the Town does not accept any liability
whatsoever for any acts, omissions or errors associated with performance of the
Grant Agreement. Nothing in this Grant Agreement shall be construed to render the
Town or any of its members, or their successors in office, personally liable for any
obligation under this Grant Agreement.
22. Indemnification. RCTV agrees to save, defend, indemnify and hold harmless the Town
of Reading against any and all suits, claims, or liabilities of every name, nature or
description arising out of or in consequence of the negligent or intentional acts of its
agents, servants or employees, in the performance of the obligations under this Grant
Agreement or by reason of its failure to fully comply with the terms of this Grant
Agreement, such indemnity to run to the Towns officers, agents and employees. RCTV
is at all times an independent contractor and not an agent or employee of the Town. No
act of commission or omission by either party shall make the other a principal, agent,
joint venture, partner or employee of the other.
23. Survival. Notwithstanding anything to the contrary in this Grant Agreement, Sections 9,
13, 14, 18, 19, 22 and 23 shall survive any termination of this Grant Agreement or
expiration of the Grant Period, and any extension or renewal thereof.
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24. No Assignment. This Grant Agreement may not be assigned by RCTV without prior
written agreement by the Town.
25. Severability. If any term or condition of this Grant Agreement or any application thereof
shall to any extent be held invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining terms and
conditions of this Grant Agreement shall not be deemed affected thereby unless one or
both parties would be substantially or materially prejudiced.
26. Governing Law. This Grant Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts.
27. Entire Agreement. This Grant Agreement and the attached Exhibits constitute the entire
agreement between the parties, supersede any prior written or oral promises, statements,
or representations, and may be amended only in writing executed by both the Town and
RCTV.
28. Authority to Sign. The RCTV signatory below acknowledges and avers that he/she has
the authority to execute this Grant Agreement on behalf of RCTV.
TOWN OF READING
TOWN MANAGER
Date:
_____________________________ ______________________
READING COMMUNITY TELEVISION, INC.
By its Executive Director, Date:
_____________________________ ______________________
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EXHIBIT A
GRANT AWARD
RECIPIENT: Reading Community Television, Inc. (RCTV)
GRANTOR: The Town of Reading, Massachusetts
GRANT PERIOD: See Section 7 of the Grant Agreement
CONDITIONS OF GRANT AWARD:
1. Use of Funds: PEG funds shall be expended on the direct and indirect costs of
providing the following services/project(s) and as specified in Sections 5, and 12
through 15 of the Grant Agreement:
a. Public Access Operate facilities and provide training, equipment, and
channel capacity for residents and community organizations to create and
distribute non-commercial programming, including the development and
implementation of outreach measures to inform local sports and youth
volunteers to livestream event.
b. Educational Access Work with local schools and educational institutions to
facilitate the creation and distribution of educational programming, including
coverage of school events, projects, and initiatives that support lifelong
learning.
i. Subject to available funding, the Recipient shall provide up to five
(5) classes per semester at the high school level that cover the
education of TV Production, film production and broadcast
journalism. The instructor shall be employed by the Recipient. Any
and all reports by the instructor to the Recipient, and all
communications with RMHS shall include a designated RCTV staff
member, who is not the instructor. RCTV has the right to remove
the instructor and replace with a qualified person of their choosing
who they deem capable of handling the subject matter. This is a per
semester agreement and can be terminated by RCTV for reasons
such as insufficient funding or instructor availability. The RCTV high
school instructor shall comply with all applicable RMHS policies and
guidelines, inclusive of all background checks (CORI, SORI).
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c. Government Access Record, broadcast, and/or stream public meetings,
hearings, and other government-related programming to promote
transparency and informed participation in local government.
i. Historically, RCTV has recorded and broadcast local community
events and will continue to make reasonable efforts to provide coverage based
on available staffing, funding, and technical capacity. Annual events include:
local and state elections, candidate forums, Reading Street Faire, Reading
Friends and Family Day, MLK Celebration, Memorial Day Parade, Veterans
Day Parade, Juneteenth Celebration, Porchfest, and Reading Memorial High
must be
submitted to the Town's designated contact at RCTV at least thirty (30)
calendar days in advance. RCTV agrees to livestream or record and post
online for subsequent viewing on candidate forum per election cycle.
Coverage of any other event is not guaranteed. If RCTV is unable to cover a
listed annual event or a requested event, RCTV shall provide prior notice to
the event organizer. Notice should also be made to the Town and/or through
public posting such as social media.
d. The goal of these services is to promote equitable access to local media
production resources, encourage free expression within the limits of the law,
and provide a platform for information that strengthens the civic, educational,
and cultural life of the Town.
2. Financial Records:
a. The Recipient shall submit on a quarterly basis to the Grantor a statement of
services setting forth the nature and extent of the services provided pursuant
to this Grant Award, said statement to be in a form acceptable to the
Grantor. The Recipient shall include in the report details of efforts to
inform the community about the availability of the services available
pursuant to this Grant Award.
b.
Grantor; such inspections to be made at times mutually agreeable to the
Grantor and the Recipient.
3. The Recipient shall maintain a competent professional staff, headed by paid
administrative and coordinating positions.
4. The Recipient shall designate a dedicated primary point of contact with Town and
School Department staff for all scheduling, meetings, and other communications.
The Town will be notified of any change to the dedicated primary point of contact
in writing.
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5. The Recipient shall not move from its current address without first notifying the
Grantor.
6.
without unlawful discrimination as to race, religion, ethnicity, color, gender, sexual
orientation, gender identity, national origin, ancestry, age, marital status, veteran
status, or disability, or any other protected status defined by law, and shall be non-
sectarian in nature. Reasonable access to studio space will be provided for RCTV
members.
7. Services rendered pursuant to this Grant Award shall be deemed for the public good
and conducted in a manner beneficial to the viewing public.
8. The Recipient shall provide the services described above until the conclusion of the
Grant Period, and any extension or renewal thereof, and shall not be entitled to
receive any additional funds from the Grantor for such services.
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36
EXHIBIT B
AMENDMENT TO ARTICLES OF ORGANIZATION
Article IV
(6) Notwithstanding any other provision in these Articles of Organization to the
contrary, in the event of the dissolution of the corporation or the winding
shall not be conveyed to any organization created or operated for profit or
to any individual for less than the fair market value of such property, and all
of its liabilities shall be conveyed or distributed only for one or more
exempt purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code, or shall be distributed to the federal government, or to a
state or local government, for a public purpose.
Except as otherwise required by law, upon the liquidation, dissolution or
winding up of the affairs of the corporation, after its debts and obligations
have been disposed of or due provision therefore has been taken by the
corporation, by the affirmative vote of the board of directorsof the
corporation or by a court in Massachusetts having jurisdiction in such
matters, all assets of the corporation shall be transferred to the Town of
Reading or its designee, provided, however, that any distribution to a
designee of the Town of Reading is contingent on such designee qualifying
under Section 501(c)(3) of the Internal Revenue Code at the time of
distribution. Dissolution of the corporation will be in accordance with
Chapter 180, §11A.
All assets of the corporation transferred to the Town of Reading and/or its
designee shall be used for PEG Access related purposes, serving the
residents of the Town of Reading and Reading based organizations,
consistent with applicable laws and regulations regarding the provision of
PEG Access operations, services and programming, unless otherwise
required by applicable law or as ordered by a court in Massachusetts having
jurisdiction in such matters.
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37
EXHIBIT C
16
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EXHIBIT D
INSURANCE LIMITS
RECIPIENT: Reading Community Television Inc.
GRANTOR: The Town of Reading, Massachusetts
GRANT PERIOD: See Section 7 of the Grant Agreement
The Recipient shall purchase and maintain insurance of the following types and limits with
respect to work performed under the foregoing Grant Agreement:
(i)
(ii) Commercial General Liability Insurance, with a minimum limit of
$1,000,000 Bodily Injury and Property Damage Liability, Combined Single
Limit with a $3,000,000 Annual Aggregate Limit. The Town of Reading
shall be listed as an additional insured.
(iii) Automobile Liability Insurance with a limit of not less than $1,000,000
Bodily Injury and Property Damage per accident. The Town of Reading
shall be listed as an additional insured.
17
39
40
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49
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease is made as of _________________________ by and between
The Town of Reading (the “Town”), acting by and through its Select Board, and Reading Ice Arena
Authority, Inc. (“Tenant”) (collectively “Parties”).
WHEREAS, the Parties entered into the Lease Agreement - Operation and Management of the
Nelson S. Burbank Ice Arena (“Lease Agreement”) effective February 24, 2013, and extension
commencing February 24, 2023;
WHEREAS, concurrently herewith the Parties have entered into that certain Master License
Agreement of even date herewith (the “Master License Agreement”), which sets forth the Parties
understanding with respect to a one-year shared parking and access arrangement for (i) the premises
leased by Tenant and located at 51 Symonds Way, Reading, Massachusetts and (ii) the premises owned
by the Town and located across Range Road (0 E of Haverhill Street, Assessor’s Parcel 35-0000-133);
WHEREAS, by this First Amendment to Lease Agreement (this “Agreement”) the Parties seek
to amend specific terms of the Lease Agreement;
NOW, THEREFORE, in exchange for good and valuable consideration, the sufficiency of
which is acknowledged, the Parties agree as follows:
1. Amend Section 3.
The first paragraph of Section 3 of the Lease Agreement is hereby deleted in its entirety and replaced
with the following:
3. RENT: The rent to be paid by the Tenant shall be calculated and based on the following:
First: The gross income received by the Tenant from its rink operations shall be used first
to pay operating costs and expenses for the rink on the Premises. Second: The remaining
income shall be used to establish and replenish a cash contingency reserve to be held by
the Tenant. The cash contingency reserve shall be established for the purpose of covering
significant repairs, capital costs and replacement and contingency costs and non-insured
losses or liabilities. The contingency reserve shall not exceed $500,000.00 at any given
moment without permission from the Board of Selectmen. Nevertheless, the $500,000.00
cap shall increase to reflect increases in the consumer price index using the Boston Area
CPI-U, from the date of the First Amendment to the Lease Agreementis lease. Third:
Conditioned upon approval by Town Meeting, if such approval is legally required, the
Town shall create a Unified Sports Stabilization Fund pursuant to G.L. c. 40, §5B and
dedicate up to fifty percent (50%), but not less than twenty-five percent (25%) of all rental
payments collected under Section 3 of this Agreement to said stabilization fund. The Town
may expend any funds in the stabilization fund as provided by law.
2. Amend Section 16.
50
Section 16 of the Lease Agreement relating to the Town’s access is hereby deleted in its entirety and
replaced with the following:
16. TOWN’S ACCESS:
16.1 Inspection: The Town or duly authorized agents of the Town may, at reasonable
times and upon written request (which may be done via email), enter to inspect,
test, and view the Premises and may do so without any hindrance or molestation
by the Tenant. This right of access does not give the Town the authority or right
to make any alterations to the Premises. Tenant reserves the right to lock any
gates providing access to the Premises, including the Parking Lot, at any time
when the Tenant’s facilities are closed for use.
16.2 Parking: Subject to the terms of this Lease and only for the period that Tenant
and Town are parties to a memorandum of understanding, master license
agreement, or similar agreement regarding shared parking and access
arrangements, Tenant agrees to allow the Town and its duly authorized agents,
and invitees the non-exclusive use of the existing unpaved parking lot on the
northeast side of the ice skating rink building which such unpaved parking lot
is cross-hatched on the Site Plan attached hereto as Exhibit A (the “Parking
Lot”) for the purpose of parking for and access to the property located across
Range Road (0 E of Haverhill Street, Assessor’s Parcel 35-0000-133) (the
“Town’s Adjacent Land”), and on which the Town intends to construct and
operate certain municipal buildings, including a Center For Active Living and
pickleball courts. Tenant shall have no obligation to police the Parking Lot or
any of the parking areas on the Premises. The Town acknowledges and agrees
that from time to time as a result of the Town’s use of the Parking Lot pursuant
to this Section 16.2, that the Town may permit the Tenant, its agents, invitees,
Formatted: Not Highlight
independent contractors and employees (collectively, the “Tenant Parties”)
may to park on the Town’s Adjacent Land subject to the execution of a a license
Formatted: Not Highlight
agreement or master license agreement between the Parties. and and the Town
Formatted: Not Highlight
agrees not to tow any such vehicles or otherwise enforce any parking
Formatted: Not Highlight
limitations on any of the Tenant Parties. Tenant shall have no maintenance or
repair responsibilities or obligations with respect to the Town’s Adjacent Land.
If the Town has not plowed or cleared storm damage from the parking areas on
the Town’s Adjacent Land, Tenant may prohibit the Town, its authorized agents
and invitees from use of and access to the Parking Lot, including by closing
any gate providing access between the Premises and the Tenant’s Parking Lot.
Without Tenant’s consent as to each such use, including any conditions that
Tenant may impose on the Town for each such use, the Town shall not allow
any trucks or construction equipment used in connection with any construction
or improvement work performed by the Town to park or stand on the Premises,
including in the Parking Lot, nor shall the Town allow any trucks or
construction equipment to park or stand on any of the entranceways or ingress-
egress areas servicing the Premises or the Town’s Adjacent Land. Further, the
Town may not use the Parking Lot or any of Tenant’s propertythe Premises for
51
construction staging purposes, or for the storage of any construction materials.
The Town shall not allow any Town employees or third-party contractors
engaged in the performance of construction or improvement work on the
Town’s Adjacent Land to park in the Parking Lot or anywhere on Tenant’s
propertythe Premises.
16.3 Maintenance and Repair of Parking Lot: Maintenance and repair of the Parking
Lot shall be conducted in accordance with Section 7 of the Lease Agreement.
16.4 Liability:
16.4.1 In addition to the Town’s obligations under Section 17 of the Lease
Agreement and to the extent permitted by law, the Town agrees to
indemnify and hold Tenant harmless from and against any and all
injury, loss, damage or liability (or any claims in respect of the
foregoing), costs or expenses (including reasonable attorneys’ fees and
court costs but excluding real property or personal property taxes)
arising directly from the use of the Parking Lot by the Town, its
employees, agents, independent contractors, and invitees, except to the
extent attributable to the negligence or intentional act or omission of
Tenant, its employees, agents, independent contractors, or invitees. The
Town does not waive and therefore retains any rights available to it
under M.G.L. c.258 §9, M.G.L. c 44, § 31, or other applicable law.
16.4.2 Intentionally Omitted.
3. Amend Section 19.
Section 19 of the Lease Agreement relative to the Tenant’s address is hereby amended to read as
follows:
19. NOTICE: If to Tenant: Dennis Hughes, President, Reading Ice Arena Authority, Inc.,
51 Symonds Way, Reading, Massachusetts 01867, with copies to the General or Rink
Manager, 51 Symonds Way, Reading, Massachusetts10867 and to Sherin and Lodgen
th
LLP, One Lincoln Street, 14 Floor, Boston, Massachusetts 02110, Attention: Colleen
V. Collins, Esq.
4. Amend Section 29.
Section 29.8 of the Lease Agreement is hereby deleted in its entirety.
\[Remainder of Page Intentionally Left Blank\]
52
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and
sealed by their duly appointed and authorized agents on__________________________, 2025.
TOWN OF READING
SELECT BOARD:
______________________________
Name: Chrisopher Haley, Chair
______________________________
Name: Melissa Murphy, Vice Chair
______________________________
Name: Karen Rose-Gillis, Secretary
______________________________
Name: Carlo Bacci, Member
______________________________
Karen Gately Herrick, Member
READING ICE ARENA AUTHORITY, INC.:
By:____________________________________
Name: Dennis Hughes
Title: President
53
Exhibit A - Site Plan
54
55
MASTER LICENSE AGREEMENT
Formatted: Font: 12 pt
WHEREAS, the Town of Reading, Massachusetts (the “Town”), owns the land and
improvements thereon at 51 Symonds Way, Reading, MA, and known as the Nelson S. Burbank Ice Arena
(the “Arena”); and
WHEREAS, the Reading Ice Arena Authority, Inc. (the “Authority”, and, collectively
with the Town, the “Parties”), occupies the Arena pursuant to a lease agreement (“Lease Agreement”)
first dated December 20, 2011, and extended on January 30, 2023; and
WHEREAS, the Parties executed a certain First Amendment to Lease Agreement,
dated \[________ __\], 2025 (the “Lease Amendment”), reserving for the Town, its duly authorized agents,
and its invitees, upon certain terms and conditions, non-exclusive use of the unpaved parking lot cross-
hatched on the site plan attached hereto as Exhibit A (the “Rear Lot”, and any area not cross-hatched on
Exhibit A being referred to herein as the “Front Lot”, the Rear Lot and the Front Lot being collectively
referred to herein as the “Authority’s Parking Lots”) solely for the purpose of parking for and access to
the property located across Range Road on which the Town will construct and operate the Reading Center
For Active Living, pickleball courts, an outdoor fitness area, and a parking lot (the “Town Facilities”);
and
WHEREAS, the Parties desire to minimize parking conflicts and to cooperate to share
parking in the Rear Lot for activities and events at the Arena and the Town Facilities anticipated to require
overflow parking;
NOW, THEREFORE, this Master License Agreement sets forth the respective rights
and responsibilities of the Parties:
1. Term. The Term of this Master License Agreement shall commence upon the date that
the Town notifies the Authority that the parking lot located across Range Road from the Arena is
completed and open for use by the public (the “Opening Notice Date”) and shall expire one year from the
Opening Notice Date and may be renewed for subsequent one-year terms by agreement of the Parties
during the term of the Lease Agreement and any extension thereto.
2. The Authority acknowledges the Town’s anticipated schedule of events set forth in
Exhibit B which may require additional overflow parking in the Rear Lot on the dates and in the amounts
set forth in Exhibit B (the “Town Events”). The Town acknowledges that the Authority will have
scheduled events which may require additional overflow parking in the parking areas located in the Town
Facilities, including, without limitation, the events detailed in Exhibit B (the “Authority Events”). As used
herein, the phrase Town Events shall include the events set forth in Exhibit B and any such other events
that the Town has received the prior written consent from the Authority for use of the Rear Lot for
overflow parking in compliance with Section 65 hereof. Similarly, as used herein, the phrase Authority
Events shall include the events set forth in Exhibit B and any such other events that the Authority has
received the prior written consent from the Town for use of the parking areas located in the Town Facilities
for overflow parking in compliance with Section 54 hereof. The Town acknowledges and agrees that the
Town, its duly authorized agents, and its invitees may not use the Authority’s Parking Lots for overflow
parking on the dates of Authority Events. The Authority acknowledges and agrees that the
56
AuthortyAuthority, its duly authorized agents, and its invitees may not use the parking areas located in
the Town FaciltiesFacilities for overflow parking on the dates of AuthorityTown Events. For the purposes
of this Master License Agreement, the Town’s “duly authorized agents” shall be deemed to include,
without limitation, the Town’s general contractor, any sub-contractors of such general contractor and the
Town’s vendors. The Town acknowledges that it has no rights with respect to the Front Lot.
3. Nothing in this Master License Agreement grants the Town, its duly authorized agents, and
its invitees an exclusive right to use all or any portion of the Rear Lot for overflow parking. The Town, its
duly authorized agents, and its invitees are authorized to use such parking spaces in the Rear Lot as may be
available at any given time and as limited to the amount of parking spaces needed for the particular Town
Event on Exhibit B. Nothing in this Master License Agreement prohibits the Authority, its duly authorized
agents, and its invitees from at any time using the Rear Lot for parking at the same time that it is used for
parking by the Town, its duly authorized agents, and its invitees. The Authority, however, shall use
reasonable efforts to not schedule events that would create a parking demand in conflict with Town’s parking
needs for Town Events.
Formatted: List Paragraph, Left, No bullets or
numbering
3.4. Nothing in this Master License Agreement grants the Authority, its duly authorized agents,
and its invitees an exclusive right to use all or any portion of the Town Facilities for overflow parking. The
Authority, its duly authorized agents, and its invitees are authorized to use such parking spaces as may be
available at any given time and as limited to the amount of parking spaces needed for the particular Authority
Event on Exhibit B. Nothing in this Master License Agreement prohibits the Town, its duly authorized
agents, and its invitees from at any time using the Town Facilities for parking at the same time that it is used
for parking by the Authority, its duly authorized agents, and its invitees. The Town, however, shall use
reasonable efforts to not schedule events that would create a parking demand in conflict with
TownAuthority’s parking needs for TownAuthority Events.
4.5. The Town has granted its consent to the Authority’s request to make available overflow
parking at the Town Facilities for the Authority Events described in Exhibit B (the “Approved Authority
Events”) on the terms and conditions specified in Sections 4 through 13, inclusive, of the License Agreement
Formatted: Font: 12 pt
attached hereto as Exhibit C. . Upon the Authority’s timely and reasonable request and in compliance with
Formatted: Font: 12 pt
all Massachusetts general and special laws, the Town may in its sole discretion make available to the
Formatted: Font: 12 pt, Underline
Authority overflow parking at the Town Facilities for Authority Events not described in Exhibit B (an
“Authority Requested Event”) that do not conflict with the Town’s parking needs, pursuant to a license
agreement, which shall be substantially in the form attached hereto as Exhibit C. All such requests shall be
made in writing to the Town Manager. Any such license agreement shall permit the Town to revoke such
approval upon forty-eight (48) hoursseven (7) days’ prior written notice to the Authority when the parking
lot is needed for (a “Town Cancellation Notice”). The Town does not have any cancellation rights with
Formatted: Font: 12 pt
respect to Approved Authority Events. If a Town Cancellation Notice has been provided to the Authority,
the Town agrees that during the days and times of the Authority Requested Event as set forth in that event’s
license agreement, the Town shall not permit its employees, invitees, attendees or licensees to use the
Authority’s Parking Lots.
5.6. The Authority has granted its consent to the Town’s request to make available overflow
parking in the Rear Lot for the Town Events described in Exhibit B (the “Approved Town Events”) on the
Formatted: Underline
terms and conditions specified in Sections 5 through 13, inclusive, of the License Agreement attached hereto
as Exhibit C. Upon the Town’s timely and reasonable request, the Authority may in its sole discretion make
Formatted: Font: 12 pt
57
available overflow parking in the Rear Lot for Town Events not described in Exhibit B (a “Town Requested
Event”) that do not conflict with the Authority’s parking needs, pursuant to a license agreement which shall
be substantially in the form attached hereto as Exhibit C. All such requests shall be made in writing to the
Arena Manager. Any such license agreement shall permit the Authority to revoke such approval upon seven
forty-eight (487) days’ hours’ prior written notice to the Town (an “Authority Cancellation Notice”). The
Formatted: Font: 12 pt
Authority does not have any cancellation rights with respect to Approved Town Events. If an Authority
Formatted: Font: 12 pt
Cancellation Notice has been provided to the Town, the Authority agrees that during the days and times of
the Approved Town Event as set forth in that event’s license agreement, the Authority shall not permit its
employees, invitees, attendees or licensees to use the parking areas located in the Town Facilities.
6.7. If traffic control measures are necessary for a particular event held at the Town Facilities, the
Town shall be responsible for providing such traffic control. If traffic control measures are necessary for a
particular event held at the Arena, the Authority shall be responsible for providing such traffic control. All
traffic, including without limitation construction vehicles and equipment, operated by the Town’s duly
authorized agents and its invitees entering the Town Facilities shall do so by way of Range Road and shall
not do so by way of Symonds Way and through the gated entrance to the Town Facilities in the Rear Lot.
7.8. The Town shall provide for itself and the Authority and at the Town’s sole cost and expense
signage in size, form and substance acceptable to the Parties that will direct traffic away from the Authority’s
Parking Lots during Authority Events or during such other times as the Arena Manager shall determine on
reasonable notice to the Town.
8.9. Nothing in this Master License Agreement shall amend or waive any of the rights or
responsibilities reserved to the Parties by the Lease Agreement or Lease Amendment, including
indemnification and liability for maintenance and repair of each Party’s respective parking lots, regardless
of whether the users of each lot are attending events at the Arena or the Town Facilities.
Signatures on Following Page
58
In witness whereof, the parties hereto have caused this Master License Agreement to be signed
and sealed by their duly appointed and authorized agents on \[_______________\], 2025.
TOWN OF READING:
_______________________________
By: Matthew Kraunelis
Title: Town Manager
Date:
READING ICE ARENA AUTHORITY, INC.:
_______________________________
By: Dennis Hughes
Title: President
Date:
59
Exhibit A - Site Plan
Formatted:Font:12pt
Formatted:Font:12pt
60
Exhibit B - Table of Events
Town Events (Recreation and ReCAL)
Program Dates and Times Overflow Parking Requirements for Rear Formatted: Font: 12 pt
Lot
(Approx. No. of Spaces)
Daily Pickleball Year round, variable based on Up to 28 spaces daily, weather Formatted: Font: 12 pt
weather. Main use April to dependent
December
Formatted: Font: 12 pt
FORR Daddy Event is Scheduled by Friends
Uncertain
Daughter Dance of Reading Recreation
(FORR), typically takes place
in April/May Date to be
coordinated with Burbank Ice
Arena Prior
Formatted: Font: 12 pt
COA Holiday These events mainly occur Additional 10-15 spots
Events Approx. 7 per year during the afternoon hours
Formatted: Font: 12 pt
Field Use; non- April – November 20 spaces
games
Formatted: Font: 12 pt
Field Use; games April – November Uncertain
Formatted: Font: 12 pt
Authority Events
Formatted: Font: 12 pt
Program Dates and Times Overflow Parking Requirements
(Approx. No. of Spaces)
Uncertain
High School Hockey Mid-February to early March Formatted: Font: 12 pt
Playoff Games Dates to be Determined
Figure Skating Dress April 8, 10, 11 and 12,
Formatted: Font: 12 pt
Uncertain
Rehearsal and Skating 2026
Show
Figure Skating May 17, 2026 Uncertain
Formatted: Font: 12 pt
Competition
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June 20, 2026 Uncertain
Figure Skating
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Junior Competition
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Exhibit C – Form of License Agreement
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LICENSE AGREEMENT
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THIS LICENSE AGREEMENT (“Agreement”), dated as of the later of the signature dates
below (the “Effective Date”), is entered into by Reading Ice Arena Authority, Inc., a Massachusetts
nonprofit corporation having a mailing address of 51 Symonds Way, Reading, MA 01867
(hereinafter referred to as “Licensee”) and the Town of Reading, a Massachusetts municipal
corporation having a mailing address of 16 Lowell Street, Reading, MA 01867 (hereinafter referred
to as the “Licensor”).
BACKGROUND
Licensor owns a parcel of land, together with all rights and privileges arising in connection
therewith, located at 0 East of Haverhill Street, Reading, MA, identified by the Town of Reading
Assessor as Map ID 35-133 and commonly referred to as the Reading Center for Active Living
parcel (the “Property”). Licensee desires to use a portion of the Property as a parking area for the
Burbank Ice Arena located at 333 51 Symonds Way, Reading, MA 01867 (hereinafter referred to
as the “Ice Arena”). Licensor desires to grant to Licensee the right to use a portion of the Property
in accordance with this Agreement.
The parties agree as follows:
1. LICENSE TO USE PROPERTY. Licensor grants Licensee a temporary, revocable
license to use __________ parking spaces on a portion of the Property further described in
Attachment A (the “Arena-assigned parking spaces”).
2. PERMITTED USE. Licensee shall be permitted to use the Arena-assigned parking
spaces for the parking of automobiles of persons attending events at the Ice Arena from \[TIME –
TIME on weekdays. In addition, Licensee shall have the exclusive use of the Arena-assigned
parking spaces during events at the Ice Arena on weekends or outside of the above regular business
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hours provided that Licensee gives Licensor at least 48 hours’ notice of such events.\]
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3. TERM. The term of this license will be from ____________, through ___________.
4. TERMINATION. This Agreement may be terminated, without penalty or further
liability, by either party on sevenfourteen (714) days’forty-eight (48) hours prior written notice.
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Subject to ongoing review of Authority.
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This will need to be worked based on the needs of the parties.
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5. INSURANCE. Both Parties shall carry during the Term, at their own cost and
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expense, the following insurance: (i) commercial General Liability insurance with a minimum
limit of liability of $1,000,000 per occurrence; $3,000,000 aggregate for bodily injury or
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death/property damage arising out of any one occurrence; (ii) Workers’ Compensation Insurance
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as required by law; and (iii) umbrella liability insurance following the same form as the underlying
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General Liability and Employer’s Liability insurance policies. For (i) and (ii), each party shall be
named as an additional insured on the other party’s insurance policies.
Each party shall annually provide the other with a Certificate of Insurance as evidence of
compliance with this section. Each party must also provide the other with thirty (30) days written
notice prior to the cancellation of any insurance policy under (i) or (ii).
6. INDEMNIFICATION.
(a) Licensee agrees to release and hold Licensor harmless from and against any and all
injury, loss, damage or liability (or any claims in respect of the foregoing) arising directly from
Licensee’s breach of any provision of this Agreement, except to the extent attributable to the
negligent or intentional act or omission of Licensor, its employees, agents or independent
contractors.
(b) Licensor agrees to indemnify, defend and hold Licensee harmless from and against
any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or
expenses (including reasonable attorneys’ fees and court costs but excluding real property or
personal property taxes) arising directly from the actions or failure to act of Licensor or its
employees or agents, or Licensor’s breach of any provision of this Agreement, except to the extent
attributable to the negligent or intentional act or omission of Licensee, its employees, agents or
independent contractors.
(c) Notwithstanding anything to the contrary in this Agreement, Licensee and Licensor
each waives any claims that each may have against the other with respect to consequential,
incidental or special damages.
7. WARRANTIES. Licensee and Licensor each acknowledge and represent that it is
duly organized, validly existing and in good standing and has the right, power and authority to
enter into this Agreement and bind itself hereto through the party set forth as signatory for the party
below.
8. ACCESS. At all times throughout the Term of this Agreement, Licensor and its
employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per
week pedestrian and vehicular access to the Property.
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Confirm.
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9. OBLIGATIONS OF LICENSOR.
(a) Licensor will maintain and repair the Property and access thereto, in good condition,
subject to reasonable wear and tear and damage from the elements. Licensor shall be responsible
for snow removal at its sole cost and expense.
(b) Licensor shall maintain signage, physical barriers or such other indicators necessary to
designate and reserve the Arena-assigned parking spaces for the use of the Licensee as required by
this Agreement.
10. ASSIGNMENT. Licensee shall not assign this Agreement, in whole or in part,
without Licensor’s consent.
11. NOTICES. All notices, requests, demands and communications hereunder will be given
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by first class certified or registered mail, return receipt requested, or by a nationally recognized
overnight courier, postage prepaid, to be effective when properly sent and received, refused or
returned undelivered. Notices will be addressed to the parties as follows:
If to Licensee: Town of Reading
16 Lowell Street
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Reading, MA 01867
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If to Licensor: Reading Ice Arena Authority, Inc.
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51 Symonds Way
Reading, MA 01867
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Either party hereto may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other as provided herein.
12. SEVERABILITY. If any term or condition of this Agreement is found unenforceable,
the remaining terms and conditions will remain binding upon the parties as though said
unenforceable provision were not contained herein. However, if the invalid, illegal or
unenforceable provision materially affects this Agreement then the Agreement may be terminated
by either party on ten (10) business days prior written notice to the other party hereto.
13. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or
revised unless done in writing and signed by an authorized agent of Licensor and an authorized
agent of Licensee. No provision may be waived except in a writing signed by both parties.
(b) Entire Agreement. This Agreement and the exhibits hereto, all being a part
hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers,
negotiations and agreements with respect to the subject matter of this Agreement.
(c) Governing Law. This Agreement will be governed by the laws of the
Commonwealth of Massachusetts, without regard to conflicts of law.
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(d) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same agreement.
Town of Reading
LICENSOR
By:
Print Name:
Its:
Date:
Burbank Ice Arena
LICENSEE
By:
Print Name:
Its:
Date:
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Select Board
December 3, 2025, 7:00 pm
Town Hall Select Board Meeting Room
FY 27 Town Department Budget Preview Meeting #1
Members Present: Melissa Murphy, Chris Haley, Karen Rose-Gillis, Carlo Bacci, Karen
GatelyHerrick (remote)
Others Present: Town Manager Matt Kraunelis, Assistant Town Manager Jayne Wellman,
Police Chief David Clark, Deputy Police Chief Christine Amendola, Fire Chief Rick Nelson,
Assistant Fire Chief John Keough, Health Director Ade Solarin, Technology Director Kevin
Furilla, Technology Manager Jenn Iosua, DPW Director Chris Cole, Assistant DPW Director
Mike Kessman, CFO Sharon Angstrom (remote), Ed Ross (remote), Marianne Downing
(remote), Lisa’s iphone (remote), Taylor Gregory (remote), KateHarrington (remote)
This meeting was held in-person in the Town Hall Select Board Meeting Room and remotely
via Zoom.
Co-Chair Melissa Murphy called the meeting to order at 7:00 pm.
FY27 Budget Presentations
Police Department
Police Chief David Clark was joined by Deputy Police Chief Christine Amendola, whogave
a detailed presentation of the department’s operations and budget. The department
reported strong
and successful communityengagement programs. The salary budget request included a
2.59% increase totaling $6.7 million for FY27, which includes contractual increases in
salaries, additional overtime funding, andtraining and equipment upgrades. There are
small increases for Dispatchfor increased costs to licenses and programs needed,and the
Coalition for Prevention and Supportfor rising costs of educational materials. An $80,000
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The Board raised concerns about the increase in public records requestsand suggested
coordinating withTown Hall to manage these expenses.
Fire Department
Fire Chief Rick Nelson presented the Fire Department
highlighting their current challenges with hiring
He reviewed the Department’s how they distribute
The proposed FY27 budgettotalis$6.818
million, with 89% forunion salaries,7% fornon-union salaries, and 4% for expenses. The
expense budget of $247,000 includese, $159,000
for the EMS program, and $58,000 for non-EMSexpenses. Chief Nelsonrequested an
increase in the overtime budget from $530,000 to $600,000 toprepare for changes in the
collective bargaining agreement. He also sought a $2,000 increase for
service line item and $17,000 to cover ambulance revenue billing fees. Thedepartment
received $85,000 in federal funding for a new incident command system trainingprogram,
which was successfully completed in October.Chief Nelsonexplained that while the salary
budget was 4.01% of the town's total budget, the revenue frompermits and ambulance
services reduced this percentage. Heproposed hiring
overtime costs and improve service levels. KarenGately Herricksuggested using Hospital
Trust Fund money to cover the costs of some ambulance service fees.
Health Department
Health Director Ade Solarin presented theproposed Health Department
year 2027, and requesteda 2.62% net budget increase of $14,053, primarily driven by an
increasein salaries and mosquito control expenses. The department maintains 4 full-time
positions including Health Director, Administrative Assistant, Public Health Nurse, and
Health Inspector, while other services like tobacco control, animalcontrol, and pest
control are handled through contractors or grants.Mr. Solarin provided detailed
attendance numbers for various health clinics, including mammography screenings, vision
screenings, hearing screenings, blood pressure screenings, and several vaccineclinics,
with most clinics being provided at no cost through partnerships with external
organizations.Karen Gately Herrick suggested also using the Hospital Trust Fund to help
defray costs for vaccine clinics.
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Technology Department
Kevin Furilla presented theTechnology Department’sFY27
budget, focusing on how decisions are made andmoney is spent to support other
departments.He focused on strategic focus areas, including cybersecurity,infrastructure
, and highlighted the challenges of balancing
responsibility with risk mitigation and service quality.The proposed budgetshowed a
-based computer-aided
dispatch(CAD)
Mr.
Furillareviewed the expense budget of $852,000and highlightedthat software costs
account for $615,000, with major items including $115,000 for the
$100,000 for thecomputer-
automation tools. He
system cannot due to high migration costs to implement a new system. Mr. Furilla
concluded with outlining his concerns aboutfuture technology needs, including the
technology needs for the Reading Center for Active Living (RECAL) project and the Pleasant
Street Center, as well as the long-
capacity.
Department of Public Works
Public Works Director Chris Cole presented the FY27 budgetand highlighted achievements
from the pastyear. Theproposed budget includes moving stormwater salaries from the
general fund to the enterprise fund toreduce salary expendituresby -0.3%. The proposed
expensebudgetincreasedby 6.8%to cover increased costs for seasonal employee wages,
police details, equipment maintenance, and other expenses.The resultis a 1.4% overall
budget increase.
Mr. Cole then presented the budgets and noted increases for Water, Sewer, and
Stormwater Enterprise Funds and accommodatedcosts. The Stormwater Enterprise Fund
seesthe largestincrease due to salary shifts from the general fund. He reviewedthe level
funding for snow and ice budgetandstreet lighting, $5,000 increase for fuel costs, and 39%
increase to thenew trash and recycling contract.
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On a motion by Karen Rose-Gillis, seconded by Chris Haley, the Select Board voted 5-0
to adjourn at 10:17 pm.
Roll call vote: Karen Gately Herrick – Yes, Karen Rose-Gillis – Yes, Chris Haley – Yes,
Carlo Bacci – Yes, Melissa Murphy – Yes.
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