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2009-06-09 Board of Selectmen Packet
OF&,ol Town of Reading N _ e 16 Lowell Street /NC0 Reading, MA 01867 -2685 39'PQO� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 TO: Board of Selectmen FROM: Peter 1. Hechenbleikner DATE: June 5, 2009 RE: Agenda — June 9, 2009 Richard Schubert has office hour at 6:30 p.m. lb) Jeff Struble has indicated that he would like to come in and talk with the Board of Selectmen about the process for moving forward with the cemetery garage. Please see the email correspondence. 2a) The Board of Selectmen has in the past supported a revised Bottle Bill and this resolution would reiterate the Board's previous support. 3a) There are no applicants for the Aquatics Advisory Board two vacancies. Lois Margeson is interested in being reappointed to her position. 3b) Two incumbents are interested in being reappointed to the Cemetery Board of Trustees and there are no new applicants. 3c) All Recreation Committee members and associates are interested in being reappointed and there are no new applicants. 3d) All Town Forest Committee members are interested in being reappointed and there are no new applicants. 4a) It is expected that some of the 4th graders from Mrs. Boston's class will be in. In .your packet is a package of materials on youngsters proposed uses for the vacant Linens and Things space. A copy of this packet has been sent to the property owner. 4b) Chief Burns will do the highlights focusing on Fire Department and ambulance services. 4c) This is a continued hearing for the Atlantic Food Mart Liquor license revocation. It is not a hearing on a potential transfer. Included in your packet are emails from residents and an email from Town Counsel. Town Counsel will be present. I have asked the attorney for the Atlantic, and the property owner for the potential recipient site of the transfer to let me know what their plans are. I have received no new information to date. 4d) The Classification Plan has been included in your packet — there are no changes from the Classification Plan adopted last January. A proposed FY2010 Compensation Plan which represents a 2% cost of living increase for non union employees is included. It is the Compensation Plan that would be adopted if the Board of Selectmen is so inclined. Given the economy, you may be questioned as to why cost of living increases should be granted. The non union employees represent less than half of the municipal employees, and less than 10% of the total employees of the Town. Most other employees are union employees and operate under a union contract. The union contracts all include a cost of living increase for FY2010. I have put all union and non union employees on notice that they should not expect cost of living increases in 2011 and 2012. Additionally, the Board of Selectmen must be aware that the proposed Personnel Policies that would effect non union employees (which will be subject to a workshop meeting in July and a public hearing in August) would eliminate sick leave buyback for new employees (many of the non union employees are not eligible for sick leave buyback), would reduce availability of sick leave from 15 days per year to 12 days per year. 4e) The hearing on the Birch Meadow Master Plan Imagination Station Area was continued. For Tuesday evening we expect to have a less conceptual (more realistic) view of what the Imagination Station would look like with actual equipment, and the overall Birch Meadow existing conditions which would show other potential locations for a skateboard park. This will also show other locations for parking available onsite and including Birch Meadow Drive. It is important to get this portion of the Master Plan approved by the Board of Selectmen as soon as possible so we can move forward to meet our obligations to the Conservation Commission on the riverfront area, and do whatever construction work we are able to do this summer to make the area ready for a new Imagination Station. 4f) The Guidelines for the Youth Liaison to the Board of Selectmen has been previously approved and action under (4f) would be to adopt these guidelines. 4g) The Code of Conduct has been reviewed by the Board of Selectmen, and included in your packet is a "clean copy" as the Board has accepted it to date. I also asked Town Counsel about the issue of requiring Board, Committee and Commission members to meet their obligation to pay taxes, licensing dogs etc. Attached is a copy of her email with regard to this matter. Nothing in the Code of Conduct reflects this issue. 4h) The agreement with AGFA has been approved by Town Counsel and by counsel for AGFA and is ready to be signed by the Board of Selectmen. Hechenbleikner, Peter From: Jeffrey W.GtnubleOvva.atruN et] Sent Thursday, May 28.2OOS01OAM To: HeuhentUnikner,Peter, Subject: RE: Status ofInstructional Motion Re Cemetery Storage Bldg Attachments: Tnade|ine Presentation 20OS.pdf Page lof2 6,jr-o I 10� That's not o very helpful explanation, Pete. I'll plan on being ot the June 9th BO8 meeting to bring up the subject at the public input portion of the schedule. For what it's worth, here are the charts and tables from the presentation I mentioned below concerning the coming "window of opportunity" for capital projects that you will be missing while broader scheme. As I thought I made clear when I made the Instructional Motion, this was going to be a chance to save some money for the Town. Replacing this garage/storage building is on the order of replacing a fire truck, not a school or a police station so I had hoped that qUick action would have been possible since the outlay was relatively low and the bureaucratic path was relatively un-encumbered. I guess I was wrong. See you on the 9th. Jeffrey N<5truble,fE Engineering LL[ sO] Main Street Reading, MA Olos/-anoz (781) 942-3845 v (781) 942-7083 p From: Hechenb|a|kOer, Pehe[[[naiho: phechen ble|kne[@ci. reading. ma. us] Sent: Tuesday, May 26,2OO92:31PM To: Jeffrey VV. Stnuble Subject: RE: Status of Instructional Motion Re Cemetery Storage Bldg Jeff The Board of Selectmen has asked moto put together apolicy establishing e broader Municipal Building Committee. The first task of the committee will be to focus on the issue of a cemetery garage. Pete From: Jeffrey W. SLruNe [ma|hDJws.aLnJblengr@oVOlcastn8d Sent Friday, May 22,2OOQ9:S4AM To:Hechenbleikner Pater Subject: Status of Instructional Motion Re Cemetery Storage Bldg Pete: A certain Cemetery Trustee walked into my office on Wednesday AM and told methat the BOS had decided to "ignore the Instructional Motion" concerning assessing the needs and options for replacing the storage building at Laurel Hill. I had been tuning in Tuesday night on cable to watch the BOS deliberate this subject but was greeted by a frozen image. I'm writing for clarification from you as to just what went on Tuesday night and how the BOS treated the IM (which, you may recall, I authored), The local press has not reported on this as far as I'm aware and the lag in posting of BOS meeting minutes is too great to be able to follow up on this quickly. 5/28/2009 Page 2Of2 Of interest to this subject was my attendance ate presentation given this week atmy professional society bvo construction cost specialist who was analyzing where construction costs are now and where they might be going in the near future, For institutional/non-profit projects, the market is ite active with prices failing by 6%-8% on top of a completely flat project escalation (read "inflation" during the project's time span) rate that had been at around 8%. This means that effective prices are down about 14%-16% and are projected to hit bottom about 12- 18 months from now. This is very close to the situation I remarked on during my IM presentation as being advantageous to municipalities like Reading who have projects that need to be done and can get them done at the lowest price imaginable. In short, waiting to attack the cemetery storage building as a capital project will miss this "trough" in construction prices and will cost more than it should have when it eventually is replaced. I've been told that this storage building is to be subsumed in a wider study of municipal buildings ho who knows how long to get underway and complete ("told" by a certain Cemetery Trustee). Suffice to say that this is counter to the idea that spurred my authorship of the IM and I'm sure will prove counter to the expectations of the Town Meeting members that voted for it (a very clear majority, if you'll recall). Therefore, please let me know what the "will" of the BOS is regarding this IM so that I can judge how it aligns with the "will" of Town Meeting as expressed by our vote to approve it. I may want to schedule an appearance at a BOS meeting to discuss this matter. Jeff (P.S.- the construction cost expert also said that roiaVo |ative]nbuanoa||butdoadindlewotorforth* foreseeable future, which might impact anticipated development projects here in Town. FYI) Jeffrey NK5truble,/E Strub/ef>7gnee/ingll[ soa Main Street Reading, MA 01867-3002 <781>942-3845 v (781) 942-7083 r 1 b-2— '1� Deval L Patrick Governor Timothy P. Murray Lieutenant Governor — 4 1 0-44.^ Kevin M. Burke Secretary TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: Architectural Access Board RE: Curb Cut Birch Meadow Drive Reading DATE: 5/27/2009 Enclosed please find a copy of the following material regarding the above location: Application for Variance Notice of Hearing Decision of the Board 'Correspondence Thomas G. Gatzunis, P.E. Commissioner Thomas P. Hopkins Director www.mass.govidlis co Letter of Meeting ___,Stipulated Order First Notice Second Notice The purpose of this memo is to advise you of action taken or to b6 taken by this -Board. If you have any information which would assist the Board in this case, you may call this office, or you may submit your.comments in writing to the above Department of Public Safety 1vW-M--9Gv/dps Thank you for your assistance. Architectural Access Board Mark Dempsey Compliance Officer Tel: 617-727.0660 One Ashburton place ROD, 1310 800- 828 -7222 Boston- MA o2108-161j3 Fax, 617-727-0665 TTY: 617-727-0019 ,P--Av-m-s-9ov/dp. E--al: j if,` ----_- AV 1 lo `leA Thomas P.E. Deval Lpat,icx ^o.,.,ss~,~ Governor — °"~�"^-'~^ ~~-- rnomanoopkme Director Timothy P. Murray Lieutenant Governor Kevin nuBurke May 27.2OOQ Secretary Peter iHeohenbleikner Town Manager Dmckety4unnberCOS 054 Reading Town Hall 1G Lowell Street Reading, MA 01867 RE: Curb Cut Birch Meadow Drive Reading voate ---' --'----'lao theArch Boord the fmcU0yre�eranceo��ovonasoeen/�puueum Upon infornnoUon recaweo oy u�cm/u/n�u��* . yW.��.Lc. 22.§ 13AandthaR--'--�Regu|a�one(CK8R521) promub' �h�naundec Reported violations, include the following items: Section: ------ Curb cuts shall occur wherever an accessible route crosses acurb. The complainant that the sidewalk was just completed and the Town added m crosswalk with no curb cut by the rear driveway of the Birch Meadow School. Under Massachusetts —~`' the Board is authorized to take legal action against violatbre of it's regulations, including but not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the 0] d violation, ��vvUKu|nonconnoUono�vv�h�er�guka�ono �uthoh�toirnpoo��n000fupho�1.00O� per oy.per . . You are requested to notify this Board, ' of the steps you havetakenorp|antobaket000mp|ywiththecumant regulations. Please note the current sections may be different from the sections that are cited above. Unless the Board receives such notification within 14 days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. ~� Donald Lang //�y^��^,^ Chairperson �� ' mz Local Inspector Local Disability Commission independent Living Center Complainant � �_ Page 1 of I Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, May 28, 2009 1:55 PM To: Imark.dempsey@state.ma.us' Subject: First Notice - Birch Meadow Drive crosswalk WMq Thanks for takin'g the time to discuss this issue with me. I'd appreciate it if I could have until July I to come up with a plan to address the issue. Pete Hechenbleikner Town Manager Reading 5/28/2009 1c,3 RESOLUTION IN SUPPORT OF UPDATING THE MASSACHUSETTS BOTTLE BILL WHEREAS: The Massachusetts Bottle Bill, enacted in 1982, has allowed Reading residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and WHEREAS: States with deposit laws have higher residential recycling rates of beverage containers than those of non - deposit States; and WHEREAS: Litter decrease in States with Bottle Bills averages 70 -85 %; and WHEREAS: Through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers but only 20% on non - deposit containers; and WHEREAS: The Governor of the Commonwealth and members of the Massachusetts Senate and House of Representatives have recognized that the original Bottle Bill does not take into account those beverages such as bottled water, sports drinks and teas; and WHEREAS: The addition of bottled water, sports drinks and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected thus saving disposal fees and landfill space. NOW, BE IT RESOLVED, that we, the Board of Selectmen of the Town of Reading, Massachusetts commemorate the 27`h Anniversary of the implementation of the Massachusetts Bottle Bill. FURTHERMORE, BE IT RESOLVED, that the Town of Reading be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages its strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy. FURTHERMORE, BE IT RESOLVED, that the Town of Reading goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs. 2-a - . t BE IT FURTHER RESOLVED, that the Town of Reading instructs our State Representatives and State Senators and our Governor to support and vote in favor of updating the Massachusetts Container Beverage Law. BOARD OF SELECTMEN Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman James E. Bonazoli, Secretary Camille W. Anthony Richard W. Schubert 2O2 Marino, Lillian From: 8chana'Pou|a Sent: K8ondoy, June O1.2UOS8:43AM To: Marino, Lillian Subject: FW: Please Support the Updated Bottle Bill U[ please dna resolution based on. info below for June Qagenda. Paula8chona Office Manager Reading Town Hall 16 Lowell Street Reading, MAOf807 781-942-9043 Fax 781-942-9071 From: Hechenb|ciknmr,Pmter, Sent: Friday, May 29, 2009 3:44 PM ' To: Reading - Selectmen Cc: Schena,Paula Subject: FVV: Please Support the Updated Bottle Bill Fill out resolution and include K with the next Board ofSelectmen agenda Fromm; MassRecycle [nnaUto: x/nl Sent: Fridoy, May 29, 20092:20 PM To: Hechenbleiknar,Peter Subject: Please Support the Updated Bottle Bill Dear Mr. Peter Hachenbleikner. Massachusetts municipalities are paying to manage millions of non-redeemable beverage containers each year oo trash orlitter. While generally less than disposal, even recycling has a cost associated with it. Thanks to the Bottle Bill, about 08Y6of beer and soda containers are redeemed for their deposit, which means municipalities don't have ho manage them either ae litter, trash or recycling. Since it was enacted in1083.many new types of beverages have been introduced ho the market. More than 4OO million containers that are consumed in Massachusetts are not covered by deposits. Less than 1/3 of these are recycled, which means most ofthem are littered or disposed, ot great cost hmmunicipalities. K8omaRacyoe. the state's non-profit recycling coalition, in conjunction with K800nDEP, the City ofBoston, MassPIRG, Sierra Club and other organizations have been working togetherfor years to update the old Bottle Bill to include beverages that didn't exist in 1982. We invite your community tojoin us in helping to make ithappen this year. New York and Connecticut recently, updated their bottle bills to include noncarbonated beverage containers. It's time that those who profit from selling these products in Massachusetts take responsibility for, managing their waste. Our organizations are rallying behind H3515, which also has 50 co-sponsors. The bill, "An Act toImprove Recycling Rates in the Commonwealth" is sponsored by Representative Alice Wolf. The Joint Committees on Telecom m u nicbtions, Utilities and Energy will hold hearings on this bill and related bills in the fall. K8omoRecyc|eio asking the Chief Elected Officials all municipalities to support this bill by signing the attached resolution at your next meeting. .: Other pertinent information )mattached for your consideration. Your support would be compelling to the /Z ° ��' Dear <CEO>, Page 2 of2- legislators, and may make the difference in finally getting this bill out of committee for a vote For more information, go to www.massbottlebill.org. Sincerely yours, Jessica Wozniak Executive Director RESOLUTION IN SUPPORT OF UPDATING THE MASSACHUSETTS BOTTLE BILL Whereas The Massachusetts Bottle Bill, enacted in 1982 has allowed (your city/town) residents to enjoy a cleaner environment by creating all incentive for users of certain beverage containers to recycle those used containers; and, Whereas, states with deposit laws have higher residential recycling rates of beverage containers than those of non-deposit states, and; Whereas litter decrease in states with Bottle Bills averages 70-85%, and, Whereas, through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers, but only 20% on non-deposit containers, and Whereas the Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, sports drinks, and teas. Whereas the addition of bottled water, sports drinks and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected, thus saving disposal fees and landfill space. Be It Resolved That we, the (members of your city/town's council, board of alderman, etc. or mayor) commemorate the 27th anniversary of the implementation of the Massachusetts Bottle Bill. Furthermore, Be It Resolved That: the City/Town of be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages it's strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy. Furthermore, * Be It Resolved that the (City/Town) goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs. Be it Further Resolved that the City instructs our state representatives and state senators, and our governor to support and vote in favor of updating the Massachusetts Container Beverage Law. J", q 6/2/2009 APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2009 Aquatics Advisory Boar Term: 3 years 3 Vacancies Appointing Authority: Board of Selectmen & Recreation Com. Orig. Term Present Member(s) and Term(s) Date Exp. *Lois Margeson 61 Putnam Road (9-9) 2009 Vacancy 2010 Rec. Com. Vacancy 2011 Candidates: *Indicates incumbents seeking reappointment 30.. AQUATICS ADVISORY BOARD Term Three years Appointing Authority See below Number of Members Three Members appointed by YMCA; one member appointed by the Town's Recreation Committee; one member appointed by the Board of Selectmen and one member who shall be the Head Coach of one of the Reading Memorial High School RMBS Varsity Swim Teams. Meetings No less than semi-annually Authority Purpose To discuss and make recommendations to the YMCA on aquatic programming, fee changes, policies and procedures. oFR�gb,G Town of Reading c ' 16 Lowell Street w° : /NCO Reading, MA 01867 -2685 Ors39RQO��� FAX: (781) 942 -9071 Email: townmanager @ci. read ing.mams TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 f_j - E3 �o MEMORANDUM -.o TO: Lois Margeson 61 Putnam Road �a F e-ad,nc, Mn 01867 coo FROM: Peter I. Ilechenbleikner DATE: April 29, 2009 RE: Reappointment to Aquatics Advisory Board Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Cleric's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incurbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. i wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chairman Ole- C�� 3 q :APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2009 Board of Cemetery Trustees Term: 3 years Appointing Authority: Board of Selectmen Present Member(s) and Term(s) *Mary R. Vincent, Chairman Ronald Stortz Janet Baronian *William C. Brown, Secretary Elise M. Ciregna Olive B. Hecht Candidates: 2 Vacancies Orig. Term Date Exp. 17 Indiana Avenue (94) 2009 538 Summer Ave. (04) 2010 75 Mill Street (99) 2011 28 Martin Road (96) 2009 48 Pearl Street (08) 2010 73 Martin Road (08) 2011 *Indicates incumbents seeking reappointment 36\ BOARD OF CEMETERY TRUSTEES Term Three years Appointing Authority Board of Selectmen Number of Members Six Members whose terms are so arranged that two terms shall expire each year. Meetin,s First Tuesday of each month AuthgEfty Reading Charter — Adopted March 24, 1986 Purpose Responsible for the preservation, care, improvement and embellishment of the Town's cemeteries and burial lots therein and such other powers and duties given to the Board of Cemetery Trustees by the Charter, by Bylaw or by Town Meeting votes. 3bZ OFRFq�'� Town of Reading '•v�ri '•'t A7 - Al, 16 Lowell Street Reading, MA 01867 -2685 39 1NCO4QOp FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM N 8 TO: William C. Brown 28 Martin Road -� Reading, MA 01867, FROM: Peter I. Hechenbleikner DATE: April 29, 2009 .o RE: Reappointment to Board of Cemetery Trustees Our records indicate..that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or ii you are not available, that you a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. _Z / Za dZe 'A -, A -, 1 1 05/ Signature ate cc: Committee Chairman b5 °£R�q� -� Town of Reading Y. c 16 Lowell Street Reading, MA 017;5 rs39' fN ORQp4P� FAX: (781) 942 -9071 READING, �AS�• Email: town manager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov �oug r��i " A (781) 942 -9043 MEMORANDUM TO: Mary R. Vincent 17 Indiana Avenue Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Board of Cemetery Trustees Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that air iiiCL1:a3i:iittS be —afl -able for an rnterl're`N,.or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. J' I wish to be considered for reappointment. I do not wish to be considered for reappointment. 5..- tore bate cc: Committee Chairman (� APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2009 Recreation Committee Term: 3 years Term: I year —Associate Members 3 Vacancies & 2 Associates Appointing Authority: Board of Selectmen & School Committee Orig. Term Present Member(s) and Term(s) Date Exp. *John Winne 29 Clover Circle (97) 2009 Catherine R. Kaminer 37 Warren Avenue (88) 2010 Francis P. Driscoll 7 Ordway Terrace (04) 2010 Mary Anne Kozlowski 16 Weston Road (03) 2011 Michael DiPetro, V. Chr. 23 Sanborn Lane (04) 2010 *Mary Ellen Stolecki 33 Lewis Street (00) 2009 *Nancy Linn Swain, Chairman 35 Minot Street (03) 2009 Christopher Campbell 12 Overlook Road (93) 2011 Beth Claroni (School Com-) 32 Emerald Drive (06) 2011 *Eric Hughes (Associate) 143 Salem Street (08) 2009 *Adam Chase (Associate) 8 Gardner Road (08) 2009 Candidates: *Indicates incumbents seeking reappointment Term RECREATION COMMITTEE Three years Appointing Authority Board of Selectmen Number of Members Nine Members — eight appointed by the Board of Selectmen and one appointed by . the School Committee for a one year term whose terms are so arranged that three terms shall expire each year Meetings Held monthly on the second Wednesday Authority Reading. Charter — Adopted March 24, 1986 Pur ose The Recreation Committee shall'be responsible for the evaluation of program activities, formulation of overall plans for the-program development and for the scheduling of Town parks and the Field House when not in use by the School Department. 3cz OFA� Town of Reading V. 4 4 11 16 Lowell Street FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www. readingma.gov TO: John Winne 29 Clover Circle Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Recreation Committee TOWN MANAGER (781) 942 -9043 Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature cc: Committee Chairman Date 3c3 OFRFgO'b Town of Reading 16 Lowell Street 0 ,rxco Reading, MA 01867-2685 3sRe °4 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM ti 0 moo. TO: Adam Chase 8 Gardner Road I `n Readi�g, MA 02 °-7 FROM: 'Peter I. Heelienbleikner T uy z� DATE: April 29, 2009 RE: Reappointment to Recreation Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding. their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incurribents will not be required to fill .outnew citizen volunteer forms:.. The Board requests that all incumbents 'be available for an •intervie.w, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire:xeappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed-°.t�:, I wish to be considered for reappointment. I do not wish to be co idered for reappointment. Signature Date cc: Committee Chairman 30q �ONOFq�gO'� Town of Reading V. a 16 Lowell Street . p. Reading, MA 018G M6 1639"M 0RQ11 4P READING, IA �. FAX: (781) 942 -9071 A Email: townmanager @ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TO: Mary Ellen Stolecki 33 Lewis Street Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Recreation Committee TOWN MANAGER (781) 942 -9043 Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009, 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that ail incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this .position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chairman 2 J Town of Reading 16 Lowell Street f s39 INCOAQ��P� Reading, MA 01867-2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 C= 0 M. A� MEMORANDUM CD rr, cn m.M.M TO: Eric Hughes Mrn 18 Small Lane ' 1? Lading, ??QA 01857. c" FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Recreation Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, Chat you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be consid red for reappointment. tr %L h� . t Signature cc: Committee Chairman Date 3C (a OFReq� -� Town of Reading _ e 16 Lowell Street " ~ Reading, MA 01867 - 2685 �w ORQ0 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Nancy Linn Swain 35 Minot Street Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Recreation Committee Our records indicate that your -tenn of office.on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chairman 2 G� J APPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2009 Town Forest Committee Term: 3 years Appointing Authority: Board of Selectmen Present Members) and Term(s) *George B. Perry III, Chairman Louis deBrigard Thomas W. Connery *Joan Hoyt (Associate) *Patrice A. Todisco (Associate) Candidates: 230 Franklin Street 37 Auburn Street 101 Beaver Road 89 Oakland Road 483 Franklin Street *Indicates incumbents seeking reappointment Orig. Date (76) (02) (03) (06) (08) 1 Vacancy & 2 Associates Term EXp. 2009 2011 2010 2009 2009 3J ( Term Three years Appointing Authority Board of Selectmen Number of Members Three Members Meefi",s As needed Author: q Reading Charter — Adopted March 24, 1986 Purpose The Town Forest Committee's primary function is to oversee the care, custody and management of the Reading Town Forest. M- OFJ? Town of Reading 16 Lowell Street Reading, MA 01867 -2685T REGEWH NCO OWN OLLRIK READING # MASS. FAX: (781) 942-9071 PN6GER Email: townmanager@ci.reading.mams 2601 MAY I :EOXV4, � '(7 4 .40 3 Website: www. readingma.gov MEMORANDUM TO: Patrice Todisco 483 Franklin Street Reading, MA 012,67 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Town Forest Committee (Associate) Our records indicate that your term of office'on -the above Board, Committed or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. incumbents will not be required to fill out new citizen volunteer fon-ris. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assui that you do not wish to be re-appointed. 1 wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature bate' cc: Committee Chairman j 3 �o�NOFR�q�fY Town of Reading 16 Lowell Street w° Reading, MA 0186. 7 -2685 0,639 INCOFti4O�P� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 RE: Reappointment to Town Forest Committee Our records indicate that your term of office.on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Cleric's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this .position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. rx I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature ate cc: Committee Chairman 3 cA q e.a 8 �o MEMORANDUM TO: George Perry, II 230 Franklin Street Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 RE: Reappointment to Town Forest Committee Our records indicate that your term of office.on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Cleric's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this .position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. rx I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature ate cc: Committee Chairman 3 cA q 4,0 Town of Reading 16 Lowell Street ITS, Reading, MA 01867-2685 a.. INCO FAX: (781) 942-9071 Email: townmanager @ci.reading.ma.us Website: www. readingma.gov MEMORANDUM TOWN MANAGER (781) 942-9043 TO: Joan Hoyt M 89 Oakland Road e CD *'M) Reading, MA 01867 00 :Z= MC—, C15 FROM: Peter I. Hechenbleikner DATE: April 29, 2009 CD RE: Reappointment to Town Forest Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2009. The Board of Selectmen's policy provides that: All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This fon-n must be returned to the Town Clerk's Office by May 18, 2009. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. incumbents will not be required to fill out new citizen volunteer forms. The Board requests that 1 11 - you submit a written all incumbents be available for an interview, or i1yo-a- art not availablic, that statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 18, 2009. If we do not hear from you by this date, we will assume that you do not wish to be re-appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. S Signature Date cc: Committee Cbain-nan 3J,< Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, June 03, 2009 9:00 PM To: Schena, Paula Subject: FW: Tuesday Meeting for BOS packet - - - -- Original Message----- From: Stephen A. Goldy [mailto:sgoldy@sgoldy.com] Sent: Wed 6/3/2009 5:25 PM To: Hechenbleikner, Peter Subject: FW: Tuesday Meeting Pete, FYI, a response from the 4th grade teacher. Steve Stephen A. Goldy 42 Berkeley Street, Reading 781-775-5805 (mobile) 781-779-1773 (home) stevegoldy.com <http://www.stevegoldy.com/> From: Boston, Pam [mailto:pboston@reading.kl2.ma.us] Sent: Wednesday, June 03, 2009 4:09 PM To: sgoldy@sgoldy.com Subject: Tuesday Meeting Dear Mr. Goldy, The class was thrilled to get their personal letters from you along with the invitation to attend a meeting of the Board of Selectmen. So was I! They went home with letters today and I am asking for a head count by Friday. I will be sure to call in that head count. The activity came out of a math discussion about credits, debits, and "the bottom line". We used a phony business ledger to practice the concepts. I thought the kids came up with some great ideas and good arguments for some of their business proposals. of course., it takes a lot to understand "the bottom line". Page I of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, June 03, 2009 8:48 AM To: Schena, Paula Subject: FW: Mrs. Boston's 4th grade class assignment Attachments: Mrs Boston letter,doc For Board of Selectmen on Tuesday From: Stephen A. Goldy [mailto:sgoldy@sgoldy.com] Sent: Tuesday, June 02, 2009 2:36 PM To: kcallan@reading.kl2.ma.us Cc: Schettini, Pat; Schena, Paula; Hechenbleikner, Peter Subject: Mrs. Boston's 4th grade class assignment Karen, Can you please forward the attached letter to Mrs. Boston? Her class sent letters to the Board of Selectmen that described their new business ideas. The letters were wonderful and I want to invite the class to our Board of Selectmen meeting next Tuesday. I scheduled a discussion of the ideas on our agenda for 7:00 pm. I think it will be a great experience for the students. Paula, please invite Carol Kowalski to the meeting as well. Thank you very much and please feel free to call me at 781-942-1580 if you have any questions. Steve step&n a. qd4 42 Berkeley Street, Reading 781-775-5805 (mobile) 781-779-1773 (home) stgvLegoldyxom &Io3 6/3/2009 June 2, 2009 Mrs. Boston Alice M. Barrows School 16 Edgemont Avenue Reading, MA 01867 Dear Mrs. Boston and Students: I received your student's letters regarding "It's My Business" and want to thank you for the wonderful ideas. I would like to invite you and all of your students to the Board of Selectmen's Meeting on June 9, 2009 for a brief discussion regarding the students' ideas. This item will be placed on the agenda for 7:00 p.m. in the Selectmen's Meeting Room at Town Hall. Please call Paula Schena at 781- 942 -9043 and indicate if any of your students or yourself will be attending. I look forward to hearing from you. Sincerely, Stephen A. Goldy, Chairman Board of Selectmen qa,q Alice M. Barrows Elementary School 0=—np From the 1) e*sk Of Mrs. Boston ! J 0 0 Cj silo, r aA� -)L-q PLX� NNMMMN� —07 Home of the Shining Stars! cc n 0 ham. � � �' �� I evn I N,O 80,sfn-� What would you like to see "open for business" in Reading? Linens and Things has gone out of business! What would you want to see "open for business" in its place? This. was the question asked of the entrepreneurs in Room 2120. They have written their business ideas to the town Board of Selectmen! What would you like to see? P � 6� It's My Business! Name Linens and Things of Reading has gone out of business and the store is now empty in the plaza. You have been asked by the town planners to come up with a business idea to open in that space. What will you "open for business "? Think about and answer the following questions to help in your business planning. What will you open for business? 1. Is the location a good one? Why? 2. Are there stores similar to it close by? (Woburn? Stoneham ?) 3. Will all kinds of people come to your business? Which age groups? 4. Has there been a business like this one in Rending before? If so, can you f ind out why it is no longer here? 5. Why will people want to come to your business? 4 aj Write a letter that is one paragraph long to convince the town planners why your business is perfect for Reading. Design a poster that advertises the Grand Opening of your Business. Due Tuesday. Perhaps you will have an idea and plan that we really should send the town planners! / 5 /AS A Der Board Of Sege 0 r) is %/rfle�s tznd T-,-- e'lie'VI& CAM e�, A c/ , av-e� kow no ot Ile U-b�h- P-7 f cu, ; � ca. ng in sface-, hd (Aik re, i'n -e- ns F i n 9 S. tt s eel 1-0 b�e� a- j-h1'n��ha� Jr�f bV-'s n e.,S,5 b &C67, [4 5& W& n of have one, n,-ear AA-5 10 L OL Ism fhi `n teM kid Q Vk. 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I�eep Cov bbo*R-Tne-Q.-�--woul be11 �ve� bo ou gr �iflt 00-b dour. . ds read.. �a3z ,�m u I��er��n � rope May 28, 2009 Dear Board of Selectmen: My idea for the business that will replace Linens and Things is a Laser Craze. There are not many around the area, and I think older kids need a fun place to play. A Laser Craze will appeal to boys and girls of all ages. Older kids will come for the laser tag and food, and younger kids will come for the moon bounces and food. A Laser Craze can easily fit into a Linens and Things especially if you include the storage area. We can put in an arcade, an air hockey table, a foosball table, maybe even a DDR machine. We could only open it on the weekends to save money. I know people will come because kids who have out grown Plaster Fun Time need a fun place on the weekends. Plus, we could also think about opening for special events such as birthday parties, holidays, etc. You can't go wrong with this idea, so please take it into consideration! I would really appreciate it. From, Colson q,3q LEGAL NOTICE T6'the |nhabitantmofthe Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold the follow- ing pub|inheahngsonTUaaday, June 9, 2OD9in the Selectmen's Meeting Room, 16 Lowell Street, Reading, ' Massachusetts: Continued Hearing License Revocation 8:00 p.m, ° Fly2O1D Compensation . ° Continued Hearing :- Birch Meadow KUaater. Plan - Imagination Station area 9:00 p]m. A copy (fthe proposed doc- uments are available in the Town Manager's Office, 16 LoxvaU Street, Reading, ,MA from 8:30 a.m. - 5:0X0 p'[n, 0-F and are attached to the hearing notice on the xveboite at www.readingma.gov All interested parties may appear in ppneon' may 'submit their comments in writing, or by email to 1D{.0a&us' By order of Peter[ Hechenbh*ikner Town Manager ",2 �01 Page 1 of 1 Hechenbleikner, Peter From: ecdoucette @brackettlucas.com Sent: Sunday, May 31, 2009 6:13 PM To: Hechenbleikner, Peter Subject: Re: Liquor license transfer Peter, 1. The Board of Selectmen, as the local licensing authority, must address the transfer of a liquor license as if it were an application for a new license so the same procedure under c.138, sec. 15A and considerations under sec. 23 are applicable. In this case, where there is also a change of location, abutters must be notified. If it were just an ownership change at the same location, the abutters would not have to be notified. The Board is held to the same standard, i.e., is the transfer in the public interest, is there publc need, and the Board may exercise sound discretion, but may not act in an arbitrary or capricious manner. 3. If the town wants to issue more licenses, a TM vote, legislative authority and ballot question/vote is required. d. I do not know what "defect" you are referring to. Depending upon the type of defect, it may either be cured, or a new hearing may have to be noticed. Ellen Ellen Callahan Doucette Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (508) 799 -9739 (508) 799 -9799 (fax) q C, 2.,,, 6/5/2009 Page of Schena, Paula From: Hechenbleikner, Peter Sent: Tu fesday, May 20, 200 1:30 PM To: Schena.Pmu|a Subject: FVV Square footage For Board of Selectmen 6'9'09 From: Kowalski, Carol Sent: Tuesday, May 26, 2009 1:30 PM To: Hechanbka1kner,Peter, Subject: Square footage Peter, Wine Shop opprox2QO0 sq. feet. Square Liquors iu15OO sq. feet North Side Liquors approxA5Osqfeet Buoa'aopprnn35U0 sq. feet retail floor only (0.0O0total including storage, office, beer chest) Carol »r 5/26/2O0V DANIS READUNG,LLC One General Way P.O. Box 672 Reading, wmo186nooc —~�— 781.e44.5558 FAX 781.944.9097 May 26,2OO9 Mr. Peter Hechenb|eikner Town Managers Town OfReading l6 Lowell Street Reading, MAO1O67 Re: Package Store - Liquor License Availability Dear Peter, it has come to our attention that they Town may get a liquor license available. VVe just wanted to reaffirm our interest in that license, should one come available. We believe that our site, which gets about 30,000 visitors a week, is an exceptional location for such an establishment and would bea success for all parties involved. A liquor store inconjunction with the Market Basket supermarket is beneficial to consumers who can procure food and other items with one trip. us at: Should a license become available, we would be very interested in obtaining it. You can contact Danis Reading LLC One General Way PO Box 672 Reading, MA01O67 Phone: 781-y44-SGS8x27O4 Thank you again for your cooperation. q c' q Page 1 of 1 Hechenbleikner, Peter From: Lois Bell [loisbell @verizon.net] Sent: Tuesday, May 19, 2009 9:18 AM To: Town Manager; Reading - Selectmen Subject: Alcohol License I read with interest the article in Sunday's Globe regarding the possibility of a liquor store at the former Linens'n Things. Please consider this decision carefully. This liquor store most likely will be a discount store putting locals out of business. I don't understand why Atlantic's license wasn't revoked when the store went out of business. If there is only one license left, I vote for holding it for the proposed grocery store planned for the Atlantic site. The article stated "Arnold Rubin has done so much for the town" -- so have many, many others, and I can't see what that has to do with your decision. Thanks for listening. Lois Bell q 6� 6/5/2009 Hechenbleikner, Peter From: John and Mary Ellen O'Neill [mjconeill@comcast.net] Sent: Tuesday, May 19, 2009 11:28 AM To: Hechenbleikner, Peter Subject: Atlantic Liquor License Hi Pete, Is there going to be an opportunity for public comment tonight on the Atlantic liquor license or will the hearing be continued? Thanks, Mary Ellen q &(-* LEGAL NOTICE TOWN OF READING To the Inhabitants .of the Town of Reading: Please take notice that the Board of Selectmen of the Town of- Reading will hold the follow- ing public hearings on Tuesday, May 19, 2009 . , in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: - • Continued Hearing - Atlantic Food Mart Revocation of Liquor License ' (to be further continued to Juhe 9th) 7:30 • Amend fees - 7:35 P.M. • Bangkok Spice Thai Restaurant Beer and Wine, License - 8:00 p.m. • Birch' Meadow Master, Plan - 8:15 P.M. A copy of the proposed -doc- uments are available in the Town Manager's Office, 16 Lowell Street, Reading, .MA from 8:30 a.m. - 5:00' p.m., M-F and are attached to the hearing notice on the* website 'at www.readingma.gov, All interested parties may appear in person,. may - submit their comments in writing, or by email to townmanaaer@ci.read ing.ma.us. By order.of Peter 1. Hechenbleikner Town Manager 5/12 q C7 GARY S. BRACKETT JUDITH A. PICKETT ELLEN CALLAHAN DOUCETTE HEATHER W. KINGSBURY JASON D. GROSSFIELD BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508- 799 -9739 Fax 508- 799 -9799 May 4, 2009 �1-11> )° 19"01 OF COUNSEL ELAINE M. LUCAS Direct email ecdoucette @brackettlucas.com N . 8 Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Re: M.G.L. Chapter 138, §77 — Cancellation of Liquor License Liquor License Policy Section 3.2.1.6 — Abandonment of Licensed Premise's' Gentlemen and Ms. Anthony: This memorandum will memorialize, and expand upon, remarks that I made during the April 28, 2009 public hearing regarding Atlantic Food Mart, Inc.'s (hereinafter "Atlantic ") inactive Section 15 license, and the ABCC's policy relative the cancellation of such licenses pursuant to M.G.L. Chapter 138, §77. Section 3.21.6 of the Town's Liquor License Policy is similar to c.138, §77 in that both are intended to prohibit so- called "pocket licenses ". In pertinent part, §77 provides that "[t]he licensing authorities may, after hearing or reasonable opportunity therefor, cancel any license issued under this chapter if the licensee ceases to conduct the licensed business." Unlike Section 3.2.1.6 however, §77 does not provide for a specific time period to signify the cessation of activity. Though the authority to cancel an inactive license as set forth in §77appears clear, it is and has been the policy of the ABCC on appeal from a decision to cancel an inactive license to overturn the cancellation, and remand the matter to the local licensing authority with the suggestion that it [licensing authority] allow the licensee a reasonable period of time within which it may reactivate or transfer the license. The ABCC considers a "reasonable period of time" to be six (6) months. Further, on.appeal the ABCC will consider whether or not the local licensing authority put the licensee on notice that the failure to activate or transfer the license might result in a cancellation, of the license. For example, in the ABCC's decision Re: Stegare, Inc. (July 5, 2006), the Boston Licensing Board voted on March 30, 2006 to deny a request for a further extension of a transfer application and cancelled a wine and malt license that was approved in November, 2003. For 2%Z years, the licensee sought extensions and had never operated the licensed business. However, because the licensing board did not notify the licensee until January, 2005 that it was at risk for having the license cancelled for nonuse, the ABCC ruled that the cancellation was "premature" and overturned the cancellation and sent it back to the board with the recommendation that the licensee receive an additional 120 -days to transfer the license or open the business. The ABCC's authority to establish and implement the above - referenced policy was upheld by the Massachusetts Appeals Court in Board of Selectmen of Saugus v. Alcoholic Beverages Control Commission, 32 Mass.App.Ct. 914 (1992). In the Saugus case, a restaurant closed due to problems with its lease. Despite the restaurant's closing in 1985, the Selectmen renewed the license late in 1985 and again in 1986. The Selectmen cancelled the license in 1987 and the licensee appealed. The ABCC overturned the cancellation and recommended that the Selectmen allow the licensee an additional 6 months to transfer or reactivate the license. On these facts, the Appeals Court stated that the ABCC was "justifiably furthering a reasonable policy of having licensees receive adequate notice of a local board's intent to cancel a valid but currently inactive license" notwithstanding that the notice sent to the licensee indicated that the hearing was to "show cause" why the license should not be cancelled. To confirm the ABCC's application of the above policy, I spoke with its General Counsel, William Kelley. Attorney Kelley informed me that if a license is cancelled pursuant to §77 and an appeal is filed, the ABCC will look to see if a documented record exists which demonstrates that prior to voting to cancel the license, the local licensing board put the licensee on notice that the failure to reactivate or transfer the license might result in the cancellation. Apropos to Atlantic's license, although the public hearing notice states that the hearing's purpose was to show cause why the license should not be revoked (or cancelled) and notwithstanding several discussions that occurred between the Selectmen and/or Town Manager and Atlantic's representatives regarding the closing of the . business, there is no evidence that Atlantic was ever notified that the failure. to reactivate or transfer the license might result in the cancellation of the license. Given the ABCC's policy, it is recommended that the Selectmen continue the public hearing for a finite period of time, and provide Atlantic with notice that the purpose for the continuation is to allow Atlantic the opportunity to transfer the license and further, that the failure to effectuate a transfer of the license by the end of the allotted time will likely result in the cancellation thereof tjGq Thank you for your attention to the above. Please do not hesitate to contact me if you wish to discuss this matter further. Very truly yours, Ellen Callahan Doucette ECD/ w: Peter I. Hechenbleikner, Town Manager (via email only) q6lo Page I of 1 Sche0a,Paula From: Heohenbhakner, Peter Sent: Wednesday, May 06, 2009 11:36 AM' To: Sohnna.Pouha Subh»nt:FYV "AUmnUc" liquor |icenoe Copy for Board of Selectmen 549-09 From: Uto:blathann@lathanl1enlond.con] Sent: Wednesday, May O6.2OO91O:1OAM To: Hechenbleikner, Peter Cc: B|ah Callahan Doucette; Schena, Paula Subject: "Atlantic" liquor license Your email does reflect our discussion accurately. Brad From: Hechenbleikner, Peter [ma Uto: . reading. ma. us) Sent: Wednesday, May O6,20O99:36AM To: Brad Latham Cc:ecdoucatto@bnockett|ucas.corn> Schena, Paula Subject: "Atlantic" liquor license Brad | talked with the Board of Selectmen last evening about your request hm continue the hearing nn the revocation of the liquor license from the date to which the continuance was granted — May 19 — until June 9. You requested this continuance of the hearing because you have a prior commitment that you were unaware of at the Board of Selectmen hearing on this matter on April 28, and Mr. Dickinson will be out of Town. The Board of. Selectmen has agreed. to a further continuance until June 9, and will re-open the hearing on May 19 and move to continue the hearing to June Qnt that time. The Board noted that at the initial hearing on April 28, you had requested that the Board of Selectmen continue this matter for 45 days so that you can explore a newly emerging opportunity to transfer the license. The Board notes that in continuing the revocation hearing until June 9, that you will have gotten a continuance of the hearing for 42 days, and therefore you should assume that the Board of Selectmen will take action on June 9 without any further continuances. Please confirm to me in writing or return email that the representations which are outlined above are accurate reflections of our discussion. Peter Hochenbleiknor Town Manager 4C,,1-`(- Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter . Sent: Monday, May 18, 2009 10:00 AM To: Schena, Paula Subject: FW: Board /Committee /Commission Comments C for Board of Selectmen for 5 -19 From: Lel,.acheur, Bob Sent: Monday, May 18, 2009 8:43 AM To: Reading - Selectmen Subject: FW: Board /Committee /Commission Comments From: Ruth Goldberg [ma ilto:jacobgoldberg 1 1@comcast. net] Sent: Sunday, May 17, 2009 10:53 PM To: finance@ci.reading. ma. us Subject: Board /Committee /Commission Comments Request From: Ruth Goldberg Email: jacobgoldber 11 @comca st.net Address: l 1 Bond St. City: Reading State: MA Zip: 01867 Phone: 781 944 6386 Organization: Response to the Globe article today re the liquor license for Arnold Rubin transfer to Dickinson to open at the former Linens store.l would prefer to see that held in hopes of revitalizing the downtown center.Mr. Rubin may have given Reading a lot over the years,but i feel his prices were high,and that he closed abruptly,putting a lot of people out of work,including Emarc workers,and creating a real problem for tannerville residents who walked there to shop.The downtown needs a revival,and fast!I direct my thoughts to the Board of Selectman.Thank you. 9,011,21 5/18/2009 LE,GAIL`NbTJC-)E, 1.1 TOWN 9F READING To the InhabitaRts Town Of Reatfirig �. : Pleag6lake Ob . . i6§ th tft 6' Bbardbf f.,!th '%':' Pi'; 1100diho will bo . id?� thi.O.Jko lw. Trig u earings 9, uesday,. April 28,; -:1- ' the: n ldg,.Room'j 16. L6w-6J . :... : .. .. : , Reading, Mssa 2 M tree efts ashlb gton Park Project. :7 :50: _R6 ' oc� tI n of,: :Liquor A tlaht! c Su permarket - '-, A fie pro cOPY.Of t Posed doo- ym.eInts are available in the -Tbwn,,Ma*nager's, Office, 16, owelL ry4 R,e'a.dm",g, A 7ti lk from e.30 a.m. - 5:00 P.m., M-F and are attached to the hearing. S�;i t .6 4 6tice 'on the eb' e'atV,,.'.."". Y"reading m a.gov All 'iritbrested parfies may .appear in person, mcqy.: subm, ii their comments in email to townmanaa6 r@gi.read y of dbrot, Peter l..He6,k- enbleiknier T-6Wn.Mdmger 412.-1 °FReq� -� Town of Reading 16 Lowell Street Oy i hk rs35, 7sC0RQP¢P Reading, MA 01867 -2685 FAX: (781), 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 CERTIFIED MAIL March 26, 2009 Atlantic Food Mart, Inc. Attn: Arnold Rubin, President 30 Haven Street Reading, MA 01867 NOTICE OF HEARING Alleged. Violation — Town of Reading Liquor License Policy Section 3.2.1.6 — Abandonment of Licensed Premises Dear Mr. Rubin: You are hereby notified that a public hearing will be held by the Board of Selectmen as the Licensing Authority for the Town of Reading, on Tuesday, . April 28, 2009 at 9:00 p.m, in the Selectmen's Hearing Room, Town Hall, 16 Lowell Street, Reading, MA, to show cause why your license to operate a Retail Package Goods Store for All Kinds of Alcoholic Beverages not to be Drunk on the Premises should not be modified, suspended or revoked for a violation of Section 3.2.1.6 of the Town of Reading Liquor License Policy which provides that, "[t]he closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority." No prior approval to abandon the license was issued by the Board of Selectmen as the Licensing Authority and, it appears that this abandonment took place on or prior to December 1, 2008 unless evidence can be provided to the.contrary. This public hearing will be held pursuant to the provisions of M.G.L. c.138, §64. After the hearing, the Board of Selectmen may vote to suspend or revoke your license if it finds that there is satisfactory proof that a violation has occurred. You may appear on your own behalf and /or with your legal counsel and present witnesses. 46M 3.2.1.6 - Duty to Perform An applicant for a license to sell liquor on or off premises shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. Thereafter, the licensee will continuously operate the premises in accordance with the terms and conditions of the license. The closing of the licensed establishment for seven consecutive calendar days or for more than 20 regular business calendar days during a calendar year shall be deemed to be abandonment of the license and sufficient grounds for revocation, unless prior approval is granted by the Licensing Authority. Such revocation shall only be done following a public hearing. Upon application by the licensee, the Licensing Authority may waive this abandonment provision in the event of major renovation, destruction by fire or flood or other similar circumstance. (bold added for emphasis) q6 aq OF RFgA�� �O Or639. IncOR40�P� ' THE LICENSING BOARD OF THE TOWN OF READING HEREBY GRANTS A RETAIL PACKAGE GOODS STORE LICENSE to Expose, Keep. for Sale and to Sell All Kinds of Alcoholic Beverages: Not to be Drunk on the Premises License No. 101600022 TO: ATLANTIC FOOD MART, INC. D /B /A ATLANTIC FOOD MART; 30 HAVEN STREET, READING, MASS. on the following. described premises: Restricted display cases in first floor and secured area in basement of same facility. This license is granted and .accepted upon the express condition that the licensee shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made thereunder by the licensing authorities. This license expires December 31, 2009, unless earlier suspended, cancelled or revoked and is subject to the following conditions: All Bylaws; Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed,. and also subject to a satisfactory inspection of the establishment by the Town Manager. In Testimony Whereof, the undersigned have hereunto affixed their official signatures this 24th day of December, 2008. The hours during which Alcoholic Beverages may be sold are: Monday- Saturdav From 8:00 a.m. to .11:00 p.m. except 8:00 a.m. to 11:30 p.m. } The day before a holiday. •' Sunday From 12:00 noon to 11:00 p.m. LICENSING THIS LICENSE, SHALL BE DISPLAYED ON THE - PREMISES Ill CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ. Board of Selectmen Meeting_ November 18, 2008 — Page 2 Chairman Stephen Goldy noted that the Youth Representative on the Board will attend once per month. He asked for a volunteer for the Memory Tree, and Vice Chairman Ben Tafoya indicated that he would attend. Chairman Goldy also noted that the Board received correspondence from Leslie Kerwin's office. Vice Chairman Ben Tafoya stated that he was disappointed to see the list of issues.. He noted that prevailing wage has never been an issue and he doesn't want to be associated with that issue. He also noted that the cost of supplies is the big issue with projects. Chairman. Goldy noted that the next steps are to work on regionalization and best practices — the prevailing wage will not be discussed. He also informed the Board that the agendas will be sent out early to the Selectmen so that issues can be added to the agendas. Public Comment — Arnold Rubin, owner of the Atlantic Food Mart, was present. He announced that his store is closing its doors. The day after Thanksgiving, everything in the store will be 25% off and then the store will close. He noted that he is not going bankrupt, all employees will have a separation package, and all vendors will be paid. He will maintain an office in the building until the building is leased or sold. He also noted that he tried to get other supermarkets interested in the location but it was to no avail. A resident of the Town spoke and asked that the Town encourage another small store at that location. Chairman Stephen Goldy noted that the Economic Development Committee is helping to recruit another retailer. Town Manager's Report The Town Manager gave the following report: • Election process went well. • The Town Manager gave an update on the following construction projects: Parker Middle School — Collins Field, Birch Meadow tennis courts, Gould Street, High Street, Hillside Road; Franklin Street, Colburn Road, WTP demolition, Border Road — drainage and repaving related to installation of water system interconnection vault. Bear Hill Water standpipe inspection is done, Common flag pole bids. • Downtown project is "buttoning up" for the Winter ■ Street lights from Washington to Haven should be illuminated within the next few weeks ■ Temporary signal at Pleasant and Main • Curbside Leaf Collection this Fall. Schedule: Normal collection day weeks of: • Nevem • November 17, • December 1. • Received a LIP application for 885 Main Street — we will schedule this for a future Board of Selectmen Meeting. • November 20th is the American Cancer Society Great American Smokeout©. Set a quit date and stick to it — the American Cancer Society can help. Check out www.cancer.or . • Performance Contracting — Board of Selectmen and Finance Committee participation at interview stage in early December. • Flu Clinics — o November 19th — Killam School — over 65 - 2:00 to 4:00 p.m. o December 4th - Parker Middle School - 5:00 to 7:00 p.m. f Page I of I Marino, Lillian From: Hechenbleikner, Peter Sent: Wednesda*y, January 07, 2009 10:50 AM To: Marino, Lillian Subject: FW: Atlantic For Atlantic file . From: Brad Latham [mailto:blatham@latham-lamond.com] Sent: Tuesday, January 06, 2009 3:44 PM To: Hechenbleikner, Peter Subject: Atlantic Peter: Arnold Rubhi advises me that the liquor inventory of Atlantic Food Mart, Inc. has been sold in the course of its business to customers. No liquor has been sold back to a wholesaler'. If there are -further questions in that regard, please advise. Arnold expresses his thanks to you and the Selectmen for your understanding during this difficult process, Brad From: Hechenbleikner, Peter [ . mailto: phechen bleikner@ci. reading. ma. us] Sent: Friday, December 26, 2008 12:19 PIVI To: blatham@latham-lamond.com Subject: Atlantic Can you please confirm for me the date that the Atlantic Supermarket closed, and also confirm, for me how they disposed of the remaining liquor, beer, and wine. If you can get me a copy of the ' "Special Permit to Sell Back" to the wholesaler, according to Section 77 or the applicable law, I would like that permit for our files. Pete Hechenbleikner Town Manager 1/27/2009 G ATLANTIC FOOD MART BUSINESS T►'' K E K 30 HAVEN STREET kE; � LI I N G , MASS;. READING, MA 01867 1000 DEC 1 I A December 1, 2008 Town Clerk Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Re: Atlantic Food Mart Business Trust Dear Sir/Madam: Enclosed for filing is a certificate of the vote authorizing the termination of the above Massachusetts business trust, the Atlantic Food Mart Business Trust. Sincerely, ATLANTIC FOOD MART BUSINESS TRUST By: Amold J. Rubin, T tee (00002583.DOC;) 7--G CERTIFICATE OF VOTE OF LIQUIDATION AND TERNIINATIORECEIVED OF ATLANTIC FOOD MART BUSINESS TRUST DEC 1 O 20�: The undersigned hereby certify that he is the Trustee of the Atlantic RR5&MWP THE COMMONVVEp j Business Trust, a Massachusetts Business Trust established by a Declaration of V61WRlTIONS WgStoN dated December 29, 1999; as maybe amended (the "Trust"), and that the following vote was duly adopted by the unanimous written consent of the Trustee and the Shareholders of the Trust as of December 1, 2008. VOTED: That the Trust be voluntarily liquidated, dissolved and terminated effective as of December 1, 2008, that the Plan of Liquidation in the form presented to the Trustee and Shareholders (the "flan ") be and hereby is approved and adopted to effect such liquidation and termination and that the Trustee is hereby authorized to execute and deliver the Plan on behalf of the Trust. This document may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. Undersigned, being the Trustee of the Trust does hereby confirm the above vote was and does certify that the foregoing represents an actual vote of the Trust and that the Trust is bound thereby and that said vote is in full force and effect ari this date. IN WITNESS WHEREOF, the undersigned has executed this certificate as of this 1st day of December, 2008. ATLANTIC FOOD MART BUSINESS TRUST M Arnold J. Rubin, ruste 4 6,7iA (WW258 1.00c; ) 9he, jtat& -q6!i(.� , -0o&o1z1, 021SY William Francis Galvin Secretary of the Commonwealth December 10, 2008 TO WHOM IT MAY CONCERN: I hereby certify that, ATLANTIC FOOD MART BUSINESS TRUST a voluntary association with transferable shares, organized and existing under and by, virtue of the Laws of the Commonwealth of Massachusetts, filed a copy of its Declaration of Trust dated December 29,1999, in this office on December 30, 1999 pursuant to Chapter 182 of the Laws of said Commonwealth of Massachusetts. I further certify that said association terminated by filing a certificate of termination on December 10, 2008, effective as of December 1, 2008. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Processed By:sam 04/28/2009 10:49 FAX 5097999799 BRACKETT&LITCAS The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 LrfAm ATLANTIC FOOD MART, INC. Summary Screen Help wit ' 4 ' The exact name of the Domestic Profit Corporation: ATLANTIQIQQPMART, The name was charged from: A.TLANTjQBUTQREA$,-1NC.on 12/31/1941 Mergered with : ATLANTIC SUPER VALUE. INC. on 7a/1987 Entity Type, Domostic PrQgjQorporation .4 Date of Organization in Massachusetts: 06/29/1936 Date of Voluntary Dissolution: 12/24/2 Current Fiscal Month I Day: 12 / 31 Previous Fiscal Month I Di The location of its principal office: No. and Street: 30 HAVEN,ST City or Town: READING State: MA Zip: 01867 Country. USA If the business entity is organized wholly to do business outside Massachusetts, the location of that off No. and Street: City or Town: State: Zip: Country: Name and address of the Registered Agent: -1. RUBIN Name: ARNOLD — The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 LrfAm ATLANTIC FOOD MART, INC. Summary Screen Help wit ' 4 ' The exact name of the Domestic Profit Corporation: ATLANTIQIQQPMART, The name was charged from: A.TLANTjQBUTQREA$,-1NC.on 12/31/1941 Mergered with : ATLANTIC SUPER VALUE. INC. on 7a/1987 Entity Type, Domostic PrQgjQorporation Identification Number; 174�10-47180 Date of Organization in Massachusetts: 06/29/1936 Date of Voluntary Dissolution: 12/24/2 Current Fiscal Month I Day: 12 / 31 Previous Fiscal Month I Di The location of its principal office: No. and Street: 30 HAVEN,ST City or Town: READING State: MA Zip: 01867 Country. USA If the business entity is organized wholly to do business outside Massachusetts, the location of that off No. and Street: City or Town: State: Zip: Country: Name and address of the Registered Agent: -1. RUBIN Name: ARNOLD — No. and Street 30 HAVEN STREET City or Town. READING State: MA Zip: 01867 Country: USA The officers and all Df the directors of the corporation: Title Individual Name Address (no P0 Box) Ex First, Middle, Last, Suffix Address, City or Town, State, Zip Code tl PRESIDENT ARNOLD J. RUBIN 80 PURITAN LN., SUDBURY, MA USA al) PURITAN LN., SUDBURY. MA USA h htip:llcoTp.se,C.Statr,.M;LUSICOIPICOrPsearchICorpSmchSummary-asp?Re,adFrornDB=True... 4/29/2009 q 621� 04/28/2009 10;49 FAX 5087999799 BRACKETT&LITCAS 121003 The coin monwealth and Search Page 2 of 2 , of Massachusetts William Franc'I s Galvin - Public Browse TRr=ASURER ARNOLD J. RUBIN 80 PURITAN LN., SUDBURY, MA USA 80 PURITAN I.N., SUDBURY, MA USA SECR�TAFZY ARNOLD J. RUBIN 80 PURITAN LN., SUDBURY, MA USA 80 PURITAN LN., SUDBURY, MA USA business entity stoqk is publicly traded: The total number I of shares and par value, if any, of each class of stock which the business entity is aut issue: Par Value Per Share Total Authorized by Articles Total Is Class of Stock Enter 0 W no Par 1 1. of Organization or Amendments and Outsi Num of Shares Total Par Value IV= Of 5 No Stock Information available online. Prior to August 27, 2001 records can be obtained on microfiln Consent Manufacturer Confidential Data Does Not Re.quire Annual Rel Partnership Resident Agent For Profit Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Administrative Dissolution Annual Report Application For Revival �Articles of Amendment ............ ............................... ........ ........ ....... . .................... .. YN, Comments 0 2001- 2oog Qammonwtialth of Massachusetts All Rights Re-served uc - �q },t1-n• //r.nrn crn OtAtet. fe!R lllz/g-nrn/i-.nrn,-.P..qrr.h/r.nmqf-.srrliqlimmqrvqqn?'Rpn(iFrni-nT)R=Tnie. 4/2R/7.009 Hechenbleikner, Peter From: Cormier, Jim Sent: Tuesday, April 28, 2009 11:39 AM To: Hechenbleikner, Peter Subject: Fw: ATLANTIC Pete, Here is Sgt. Russells update. No indication of any sales, we will continue to monitor. Jim -------------------- - - - - -- Sent using BlackBerry - - - -- Original Message---- - From: Russell, Bruce <brussell@ci.reading.ma.us> To: Cormier, Jim <jcormier@ci.reading.ma.us> Sent: Tue Apr 28 10:58:10 2009 Subject: ATLANTIC CHIEF, I HAD OFF. M. EDSON CHECK THE ATLANTIC BUILDING THIS MORNING, SEE CASE # 473696, HE STATES THE BUILDING WAS LOCKED UP TIGHT, WE TRIED THE PHONE NUMBER AND NO ONE ANSWERED. WHILE THERE HE MET ROBERT BERRY 30 FREEPORT DR. WILMINGTON, WHO IS THE CONTROLLER FOR THE ATLANTIC. BERRY ESCORTED OFF. EDSON THROUGH THE BUILDING. THE BUILDING WAS EMPTY OF ANY FOOD OR ALCOHOL. BERRY STATED THAT THERE WERE WORKERS TAKING SHELVING OUT IN THE PAST FEW DAYS. I SPOKE TO RON BURNS AND HE SAID HE HAS SEEN ACTIVITY AROUND THE AREA BUT NOTHING INVOLVING SALES OF FOOD OR ALCOHOL. q cz.S 1 LEGAL NOTICE TOWN, OF READING ''the Inhabitantst of the Town of Reading: Please take mmtice'thatUle Board of Selectmen of the Town of Reading will hold the follow- ing pub|icheahnQoonTuaada& June 8.2OOSin the Selectmen's Meeting Room, 16 Lowell Street, Read/n0, Massachusetts: ° Continued Hearing - Atlantic Food K8ad Liquor License Revocation 8:0Op'm. FY 2010 Compensatjon Continued Hearing:- Birch Meadow Master. Plan - Imagination Station area 9:00 A copy df the proposed doc- uments are available in the Town K0oneQer'o Office. 16 .Lowell Street, Reading, MA from 8:3Oa-nn''�:0X]pun, K8-F and are attached tothe hearing notice on the xvebaite at wmnmm*ndngnla'gov All interested parties may appear in ppraon, may 'submit theircommanta in whUng, or by email to Bv order of Peter Henhonbhaikner Town Manager qj( DRAFT FY 2010 TOWN OF READING COMPENSATION PLAN Schedule B -1 (2% increase over FY09) ANNUAL (based on a 37.5 hr workweek) Gradel Step 1 Step 2 Step 3 Step 3 Step 5 Step 4 Step 5 Step 6 Step 9 Step 7 Step 11 Step 8 Step 9 Step 10 Step 11 =16.03 Step 12 16.68 A . $ 29,445. $ 30,050. $ 3Q635 $ .31,259 $ 31,883 ' $ . 32;526 $:. 33,170 $ 33,833 $ 3.4,515 $ 35,198 . $ 35,9D0 $ 36;621 B $ 32,409 $ 33,053 $ 33,716 $ 34,379 $ 35,061 $ 35,763 $ 36,485 $ 37,226 $ 37,967 $ 38,727 $ 39,488 $ 40,287 22.20 C -35,62T4 36,348 ;$ 37,070 $ 37,811 $ 38;571. $ 39;351 S- 23:01 $ 40,931 $ 41,750 $ 42,588 $ 43,446 $ 44,304 D $ 39,195 $ 39,995 $ 40,794 $ 41,594 $ 42,432 $ 43,290 $ 44,148 $ 45,026 $ 45,942 $ 46,859 $ 47,795 $ 48,750 29.54 30:13. -::30.74:::i 31.35 31:98. 44,870-;:$,-,-,r ' 33.27 45,767 . $ 46,683 $ 47619.. $ .. 48,555 $ 49,530: $ 50,525 $ 51;539 $ 52,572 $ 53625' F $ 47,424 $ 48,380 $ 49,355 $ 50,330 $ 51,344 $ 52,358 $ 53,411 $ 54,483 $ 55,575 $ 55,687 $ 57,818 $ 58,988 39.32 40.11 40.91 41.73 42.56 54,288 $ 55,380 $ 56 472 $ 57;603 $ 58,754 $ 59,943 $ 61,133 .$ 62,361 $ 53,609 $ 64,877 H $ 57,389 - . $ 58,539 $ 59,709 $ -- 60,918 $ 62,127 $ 53,375 $ 64,643 _ _ $ 65,930 $ 67,256 $ 68,601 $ 69,966 $ 71,370 52.34. I'- $ 63,141: _ $ 64,409 - $ 65,696 $ _ 67,002 $ 68,348. `$ 69;713 $ 71,097 $ 72,521: $ 73,983 .$ 75 46 $ 76,967 $ -: 78,507 J $ 69,459 $ 70,844 $ 72,248 $ 73,710 $ 75,173 $ 76,674 $ 78,215 $ 79,775 $ 81,374 $ 82,992 $ 84,669 $ 86,736 K $. 76 401 ` $ 77,922 $ 79,482 $ 81,081 $ 82,700:i::;-$ K338--:::!S 86,034 $ '` 87,750: $ 89,505 $ 91,299 $ 93,132 $ 94,985 L. $ 84,026 $ 85,722 $ 87,438 $ 89,174 $ 90,968 $ 92;781 $ 94,634 $ 96,525 $ 98,456 $ 100,425 $ 102,434 $ 104,481 HOURLY (Based on a 2% COLA for FY10 Grad4 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 =16.03 ' 16.35 16.68 17.01 17.35= 17.70 18.05 '. 18.4,1 18.78; B 16.62 16.95 17.29 17.63 17.98 18.34 18.71 19.09 19.47 19.86 20.25 20.66 C. 18.22:` 18.64 19:01. 19 :39 _ 19.78 20.18 _ . 20:58 _..._. .. _ 20.99" 21.41 _. -_.. 23:84 : 22.28 -: 22.72 _ _ . - _. D 20.10 20.51 20.92 21.33 21.76 22.20 22.64 23.09 23.56 24.03 24.51 25.00 E' . 22.11; 22.56 _ _..:. ...... 23:01 23.47 23.94 k _._. 24.42. 24.90 _.._ .. 25.40:; .__ .. _ 25.91 26:43 - - 25.95 27.50 F __ 24.32 .. 24.81 25.31 _... 25.81 26.33 _... .... 26.85 _ .. _....__ 27.39 . . _........ __...... 27.94 - 28.50 _ ._ - _.._... 29.07 .._..._. __ ._. 29.65 -_. .. 30.25 _. G ..... ......................_.. 26.76 27.29 2T847:: 28.40 28.96 29.54 30:13. -::30.74:::i 31.35 31:98. 32.62 ' ' 33.27 H 29.43 30.02 30.62 31.24 31.86 32.50 33.15 33.81 34.49 35.18 35.88 36.60 .. _ L 32.38': 33.03 .: 33059 34.36 _::... 35.05 35.75 36:46.. ..... 37.19' 37.94 .: __ 38:69 39.47 40.26: J 35.62 36.33 37.05 37.80 38.55 39.32 40.11 40.91 41.73 42.56 43.42 44.48 K , . 39.18; _ _ 39.96 - 40:76 41.58.: ` 42.41 43 25 _.. _ . 44:12 45.00:. 45 90 46:82 _. . 47:76 - 48 71 ...._ L 43.09 43.96 44.84 45.73 46.65 47.58 48.53 49.50 50.49 51.50 52.53 53.58 M 47.40 ` 48.35 49 :32 50.31 51.31. ?: 52.34. 53:39 54.45 55.54. = 56:65 57.79 58.94 DRAFT FY 2010 TOWN OF READING CLASSIFICATION PLAN Srhariiiia A_1 W Parking Enforcement A Van Driver Library Technician Officer B Clerk. Senior Library Technician C Administrative Secretary Senior Library Associate Community Outreach Permits & Licensing Coordinator of Senior Center Prgm Coords (5 year Recreation Program D Administrative Assistant Coordinator Volunteers Veteran's Service Officer Coordinator Animal Control Officer RCASA grant) Coordinator E Social Worker Librarian Assistant Collector Assistant Treasurer Assistant Appraiser Assistant Town Clerk Conservation Assistant Building Administrator' ' Inspector Health Inspector StaffPlanner Plumbing/Gas Inspector Wiring Inspector F Retirement Bd Head Public Safety Office Manager Admin/Ass't Town Aect s Technician Dispatcher Division Head- Division Head - Children's Division Head- Division Head - Technical G Public Health Nurse Nurse Advocate Circulation Services Information Services Services Elder/Human Services Police Business DPW Business H Administrator Assistant Library Director Town Clerk GIS Coordinator Adminstrator Administrator Recreation Administrator Health Services Human Resources Project Director (5 year Forestry, Park & Highway/Equipment I Administrator Administrator RCASA grant) Cemetary Supervisor Supervisor Water /Sewer Supervisor Water Quality Supervisor J Building Inspector Appraiier Network Administrator Database Administrator Treasurer /Collector K Library Director Town Engineer Community Services Ass't Town Mgr! L. Director/Town Planner Town Accountant Finance Director M Fire Chief Police Chief DPW Director W LEGAL NOTICE . TOWN OF READING r6'tha Inhabitants! ofthe Town of Please take noUce'thatthe - Board of Selectmen of the Town ' of Reading will hold the follow- ing pUb|ichoghngoonTuaaday, June S.2OD9in the Be|eotmen'a K8antinQ Room, 16 Lowell Street, Reading, - Continued Hearing - /@|anfio Food K8ad Liquor License Revocation 8:OOp.mm. °FY2O1DCompensation Plan --8:3O�m. ' Continued Hearing.- Birch Meadow Master. Plan - Imagination Station area 9:00 ' A copy bfthe proposed doo- u.mgn1a aneemai|ab|e in the Town Manager's Office, 1G .Lowell Street, Reading, MA from 8:3B]axn'-5:0Xlp.m,K8-F and are attached to the hearing notice on the vvebaite at vmww.roadingnna.gov All interested parties may appear in ppnoon, may 'submit their c' nmmnenta in writing, or by ' email to ~==. By order of Peter |.Hechanbh�kner ' Town Manager `"= � Guidelines for the Youth Liaison to the Reading Board of Selectmen The Board of Selectmen finds it helpful in achieving its mission, to have present a voice representing the youth of the community. Therefore the following guidelines are established by the Board of Selectmen for a youth liaison to the Board of Selectmen. These guidelines will help the Board of Selectmen as well as the youth liaison in understanding the appointment process, and the roles and responsibilities of the youth liaison. Appointment Process • Length of term — 1 academic year (in the event of 2 outstanding candidates, the. year may be split on January 1 between 2 individuals). • Term begins September 1, ends May 31. • Preference is for a High School Junior, so that there may be some continuity in the position, and in consideration of the increasing student workload during their Senior year. • "Nominations" may be by a student (self nominated), other students, teacher(s), Principal, School Administration, community, or the Board of Selectmen. • Selection will be by a committee made up of the Chairman of the Board of Selectmen or designee from the Board of Selectmen, Superintendent of Schools, and RMHS Principal. Role of Youth Liaison • Attend on average 1 Board of Selectmen meeting per month — to be determined by the Chairman of the Board of Selectmen based on the agenda of the meetings. • The Board of Selectmen will try to set the agenda with the attendance of the youth liaison in mind, and trying to make it convenient for the youth liaison to leave the meeting at 9 PM. • The youth liaison will be welcome to attend and fully participate in all activities of the Board of Selectmen except for voting, and the youth liaison will not attend Executive Sessions of the Board of Selectmen. • The youth liaison will be provided with a full packet (except for Executive Session material) ahead of each meeting he /she will be attending, and the youth liaison will be expected to read the packet ahead of the meeting in order to be fully prepared for the meeting. • The youth liaison is welcome to give a liaison report along with the members of the Board of Selectmen, but is not required to do so. It will be helpful for the youth liaison to let the Chairman of the Board of Selectmen know in advance if they will be making a report. • The outgoing youth liaison will, where possible, provide some level of orientation to the incoming youth liaison annually. • The youth liaison role is not to answer questions about School matters, or to report on School Department matters. Adopted June 9, 2009 • Page 1 U 1 Code of Conduct Every member of every Board, Committee, or Commission (BIC/C) who has been appointed by the Reading Board of Selectmen to that position is expected to comply with the following Code of Conduct. Responsibilities • Realize that his or her function is to follow the mission statement of the B/C/C. • Realize that he or she is one of a team and without stifling free speech, each member should abide by all decisions of the B/C/C once they are made. • Be well informed concerning the duties and responsibilities of the B/C/C. • Remember that he or she represents the entire community at all times. • Accepting the role of a B/C/C member is a means of unselfish service, not to benefit personally or politically from his or her B/C/C activities. Laws and Regulations Governing Action • Abide by the ethics guidelines established by the State. • Abide by all applicable state statutes and General Laws, Reading Home Rule Charter, Town Bylaws, and all applicable policies established by the Board of Selectmen, especially the email communications policy. Decision Making • Request assistance from Town staff or consultants only through the staff person assigned to the B/C/C. If no staff person is assigned; go' through the Town Manager. • Not make statements or promises of how he or she:will vote on matters that will come before the B/C/C until he or she has had an opportunity to hear. the pros and cons of the issue during a public meeting of,the B/C/C. • Make decisions only:after all 11 facts on a question have been presented and discussed. • Refrain from communicating' the position of the B/C/C (as opposed to the member's personal position) to reporters or state officials unless the full B/C/C has previously agreed on both the position and the language of the position conveying the statement. Treat with respect 8111 members of the B/C/C, all applicants to come before the B/C/C, and all staff and consultants working with �the B/C/C, despite differences of opinion. Concerns n aboutit, �staff performand&��Ishould only be made to the Town Manager or the Board of !�-�,Iiaison to hej!T',! through private conversation. Selectmen J t P1,C/C t ro B/C/C member from Town staff should Insure thdf',PnY materials o:r information provided to a be made available to all 0/d/C members. rcu '�'haqgo , so that meeting attendance on a regular basis becomes difficult, If circumstances 4 11�0 the B/C/C memb'6'e Will offer his or her resignation to the Board of Selectmen, so that someone who can:regularly attend meetings can be appointed by the Board. Enforcement If a B/C/C member's conduct is inconsistent with this code of conduct, the Board of Selectmen will determine whether action needs to be taken. Action may include: • A discussion with the Chairman of the B/C/C and/or the Board of Selectmen liaison to try to address the conduct; • Consideration by the Board of Selectmen relative to reappointment when that consideration comes before the Board of Selectmen. Adopted by the Board of Selectmen 4109 5/28/2009 q 61 1 Page 1 of 1 Hechenbleikner, Peter From: ecdoucette @brackettlucas.com Sent: Sunday, May 31, 2009 6:23 PM To: Hechenbleikner, Peter Subject: Re: BCC obligations Peter, I was unable to locate another municipal code of conduct that required appointed members of boards, etc. to make sure their local taxes and utilities were paid and/or that licenses were maintained. However, c.268, sec. 23(e) states that nothing in sec. 23 shall preclude a constitutional officer or the head of a state /county /municipal agence "from establishing and enforcing additional standards of conduct." Municipal agency includes boards and commissions, i.e., the Board of Selectmen. This includes the imposition of more stringent requirements. Holding the members of boards, commissions, committees to a higher standard of paying their taxes, utilities, etc. could mitigate against any argument that someone is misusing their position even if such argument were specious. Having said that, the question really is whether the Selectmen should impose such a condition. Ellen Ellen Callahan Doucette Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (508) 799 -9739 (508) 799 -9799 (fax) 6/5/2009 1 q z,/ CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE This Confidential Settlement Agreement and Release ( "Settlement Agreement or "Agreement ") made as of this _ day of June, 2009 by, and among the Town of Reading, a Massachusetts municipal corporation, (hereinafter referred to as the "Town ") and Agfa Corporation, a Delaware corporation, (hereinafter referred to as "Agfa "). RECITALS WHEREAS, the Town commenced an action in the Superior Court, Middlesex County, Massachusetts, which is known as Town of Reading v. Agfa Corp., et al., Civil Action 2004- 3115 (Middlesex County Superior Court) (the "Action "), seeking damages under M.G.L. ch. 21E and common law arising from the Release of Hazardous Materials at a facility formerly leased by Agfa at 80 Industrial Way, Wilmington, Massachusetts ( "80 Industrial Way'); and WHEREAS, the Town and Agfa now desire to resolve their disputes and differences and to settle the Action; NOW THEREFORE, Agfa and the Town, the parties to this Settlement Agreement, intending to be legally bound, hereby agree as follows: INCORPORATION OF RECITALS 1.1 The foregoing recitals are incorporated herein by reference as if set forth at length. Any capitalized terms not specifically defined herein shall have the definition given that term in 310 CMR 40.0000 as of the date hereof. 2. COVENANTS 2.1 Agfa will pay the Town One Hundred and Twenty -Five Thousand Dollars ($125,000) as full and.complete satisfaction of all of the Town's claims that were or could have been filed in the Action. Agfa shall pay Thirty-One Thousand Two Hundred Fifty Dollars ($31,250) to the Town on or before the thirtieth (30th) day after the Stipulation of Dismissal is filed with the Middlesex County Superior Court in the manner provided in Section 2.7. Thereafter, Agfa shall make three (3) payments of Thirty -One Thousand Two Hundred Fifty Dollars ($31,250) each on or before the 120th, 240th and 360th days following the initial payment. All payment hereunder may be corporate check or money order, and no interest shall be due or payable to the Town for any unpaid portion. 2.2 The Town acknowledges that, pursuant to Tier I Permit W023879, Agfa. has been conducting Response Actions in connection with the Release of Hazardous Materials identified by the Massachusetts Department of Environmental Protection ( "MassDEP ") as RTN CONFIDENTIAL SETTLEMENT AGREEMENT 1- BOS 46,484,032v2 5 -26 -09 Z 3- 17097 ( "RTN 3- 17097 "). In connection therewith, Agfa has submitted to MassDEP a Phase III Feasibility Study and Phase IV Remedy Implementation Plan, which describe the response actions that Agfa has taken and/or will take in connection with the RTN 3 -17097 Disposal Site, including without limitation the remediation program for volatile organic compounds in groundwater at the RTN 3 -17097 Disposal Site (collectively, ``Response Actions "). The Town hereby acknowledges that the Response Actions are consistent with the applicable performance standards in the Massachusetts Contingency Plan (3 10 CMR 40.0000) ( "MCP"), to address the RTN 3- 17097, including without limitation the presence of volatile organic compounds in the Zone II wellhead protection area associated with the so- called Revay Well (Source ID# 3246000 -02G) ("Revay'). 2.3 The Town further acknowledges that Agfa has determined that a Class C Response Action Outcome is consistent with the applicable performance standards in the MCP for that portion of the RTN 3 -17097 Disposal Site located in the Zone II wellhead protection area associated with Revay. Agfa intends to submit a Class C Response Action Outcome Statement to MassDEP and the Town hereby acknowledges that submission of a Class C Response Action Outcome Statement for that portion of the RTN 3 -17097 Disposal Site located in the Zone II wellhead protection area associated with Revay is consistent with the applicable performance standards in the MCP at this time. 2.4 (a) Following the execution of this Agreement, Agfa shall submit to MassDEP a request to terminate the Public Involvement Plan Site designation for the RTN 3- 17097 Disposal Site ( "Termination Request "), as provided in 310 CMR 40.1405(7). The Town shall, within ten (10) business days after receipt of a copy of said request, submit a letter to MassDtP stating that it does not object to the Termination Request. Thereafter, the Town shall (at no out -of- pocket expense to the Town) cooperate with Agfa's efforts to terminate the Public Involvement Plan Site designation for the RTN- 317097 Disposal Site. (b) Following the termination of the Public Involvement Plan Site designation for the RTN 3 -17097 Disposal Site, Agfa or the LSP of Record for the RTN - 317097 Disposal Site ( "LSP") shall meet at least once per calendar year with the Town or its agents to discuss the status of the Response Actions. 2.5 The Town shall cooperate (without expense to the Town) with Agfa in connection with Agfa's performance of the Response Actions, including, but not limited to, the execution of documents, forms and applications as reasonably requested by Agfa; rop vided, however, the Town shall have no obligation to execute any Notice of Activity and Use Limitation or similar deed restriction relating to the Zone II wellhead protection area associated with Revay. Agfa and the Town agree that, other than the provisions of this Section 2.5, this Agreement does not limit whatever rights the Town may otherwise have to conduct environmental sampling (including, but not limited to, soil and groundwater sampling) in the Zone II wellhead protection area associated with Revay. CONFIDENTIAL SETTLEMENT AGREEMENT -2 - BOS 46,484,032v2 5 -26 -09 L' � 3 2.6 During the performance of the Response Actions, Agfa's LSP shall, prior to their submission to MassDEP, submit to the Town any draft of any scope of work or reports for the Town's review and comment. The Town shall have fifteen (15) business days, from the date of receipt, to submit comments. Agfa shall, in good faith, consider any comments the Town may choose to provide to any such draft scopes of work or reports, but shall not be obligated to revise such draft scopes of work or reports in response to the Town's comments. 23 Simultaneously with the execution of this Agreement, counsel for the Town and Agfa shall sign the Stipulation of Dismissal attached hereto as Exhibit 1 and Agfa's counsel shall file said Stipulation of Dismissal with the Middlesex County Superior Court. REPRESENTATIONS 3.1 The Town hereby declares, represents, and acknowledges that this Agreement is made without reliance upon any statement or representation by Agfa or any of its representatives, agents, consultants, employees or attorneys other than those expressly stated herein, the making of any such statements or representations being specifically denied by Agfa. The Town further declares, represents and acknowledges that it has relied upon advice of counsel to enter into this Agreement. 3.2 Agfa hereby declares, represents, and acknowledges that this Agreement is made without reliance upon any statement or representation by the Town or its representatives, agents, consultants, employees or attorneys other than those expressly stated herein, the making of any such statements or representations being specifically denied by the Town. Agfa further declares, represents and acknowledges that it has relied upon advice of counsel to enter into this Agreement. 4. RELEASE 4.1 In consideration of the settlement terms and conditions referred to above, the covenants contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the Town, for itself, its representatives, successors, assigns and all other persons for whom the Town is authorized to so act, each and any of them, and anyone acting in concert with them, does hereby remise, release, and forever discharge Agfa, its representatives, directors, officers, subsidiaries, affiliates, corporate predecessors, partners, servants, agents, consultants, employees, pledgees, nominees, insurers, successors, assigns and attorneys, each and any of them, and anyone acting in concert with them, of and from any and all manner of actions, causes of actions, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims and demands whatsoever, whether in law or in equity, arising from or relating to the Release of Oil or Hazardous Materials by Agfa or its corporate predecessors referenced in the Action, including, without limitation, volatile organic compounds such as triehloroethane, dichloroethane, or dichloroethene referenced in RTN 3- 17097, or which the Town knows or should have known, or were asserted or could have been asserted by the Town in the Action. CONFIDENTIAL SETTLEMENT AGREEMENT -3 - BOS 46,484,032v2 5 -26 -09 y MISCELLANEOUS 5.1 It is understood and agreed that this Settlement Agreement is in compromise of disputed claims, and is not to be construed as an admission of fact, law or liability on the part of any of the parties, themselves, their representatives, directors, officers, agents, employees, pledgees, nominees, successors, assigns, and attorneys, each and any of them and anyone acting in concert with them, and that the parties themselves, their representatives, directors, officers, agents, employees, pledgees, nominees, successors, assigns, and attorneys, each and any of them and anyone acting in concert with them, deny liability and merely intend to avoid litigation and to buy their peace. 5.2 This Settlement Agreement contains the entire understanding of the parties hereto concerning the Action and may not be amended, altered, varied, or modified except by a writing signed by the parties hereto. 5.3 The parties agree to keep the terms of this Settlement Agreement strictly confidential and not to disclose any part of them except as specifically required by Massachusetts law applicable to public documents. 5.4 This Settlement Agreement may be executed in counterparts, all which taken together shall constitute one and the same instrument and all parties may execute this Settlement Agreement by signing such counterpart. 5.5 The persons signing this Settlement Agreement on behalf of each party thereby certify, and each party warrants and represents to the others, that the execution and delivery of this Agreement is and has been duly authorized. 5.6 Whenever by the terms of this Agreement notice, demand, or other communication shall or may be given to the Town or Agfa, the same shall be in writing and shall be sent by registered or certified mail, return receipt requested, postage prepaid as follows: If to Agfa: Gunther Mertens Vice President Finance & Administration 100 Challenger Road Ridgefield Park, NJ 07660 Christopher M. Santomassimo, Esquire General Counsel Nicoll Davis & Spinella LLP 95 Route 17 South, Suite 203 Paramus, NJ 07652 CONFIDENTIAL SETTLEMENT AGREEMENT -4 - BOS 46,484,032v2 5 -26 -09 u b With a copy to: H. Hamilton Hackney, Esquire Greenberg Traurig, LLP One International Place Boston, MA 02110 If to the Town: Peter I. Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading MA 01867 With copies to: Gary S. Brackett, Esquire Brackett and Lucas 19 Cedar Street Worcester, MA 01609 5.7 Notwithstanding any other provision of this Settlement Agreement, this Settlement Agreement is not intended to affect any claim or defenses that Agfa hereto may have against any other person not a signatory to this Settlement Agreement whatsoever, whether in law or in equity, known or unknown, anticipated or unanticipated, discovered or undiscovered, past or present which would have been merged into and barred by the entry of final judgment in the Action as of the effective date of this Agreement, and Agfa expressly reserves any and all such claims or defenses. 5.8 The parties may not assign their respective rights or benefits under this Settlement Agreement without first providing written notice to the other parties. 5.9 This Settlement Agreement is executed as a sealed instrument. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.] CONFIDENTIAL SETTLEMENT AGREEMENT -5 - BOS 46,484,032v2 5 -26 -09 IN WITNESS WHEREOF, the parties hereunto set their hand on the date first written above: THE TOWN OF READING By and through its Board of Selectmen: Name: Name: Name: Name: Name: Exhibits: Exhibit I - Stipulation of Dismissal BOS 46,484,032v2 5-26-09 AGFA CORPORATION L'In Gunther Mertens Vice President CONFIDENTIAL SETTLEMENT AGREEMENT -6 - BOS 46,484,032v2 5-26-09 qA ? Execution Copy COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: Trial Court of the Commonwealth Superior Court Department Civil Action No. 2004-3115 TOWN OF READING, Plaintiff V. AGFA CORPORATION Defendant STIPULATION OF DISMISSAL WITH PREJUDICE Now comes the plaintiff Town of Reading and defendant Agfa Corporation and pursuant to Rule 41 of the Massachusetts Rules of Civil Procedure hereby stipulate to the dismissal of the above-captioned matter with prejudice, without costs, all rights of appeal waived. Gary S. Brackett (BBO # 547157) Judith Pickett (BBO # 052940) BRACKETT AND LUCAS 19 Cedar Street Worcester, MA 01609 (508) 799-9739 Dated: June_; 2009 Hamilton Hackney (BBO # 628307) Kevin Smith (BBO # 555507) GREENBERG TRAURIG LLP One International Place Boston, MA 02110 (617) 310-6000 BOS 46,484,032v2 5-26-09 q6 MEMORANDUM To: Board of Selectmen From: Fran Fink, Conservation Administrator Date: June 5, 2009 Re: Conservation Restriction, 9 Gregory Lane The Conservation Commission is pleased to submit the attached Grant of Conservation Restriction for your consideration. The site to be placed Linder restriction is the northern half of the residential lot at 9 Gregory Lane. The lot contains 68,407 square feet, and the restriction protects 50,947 square feet from development. The restricted area is part of a forested corridor including both upland habitat and wetlands along a stream. The stream is tributary to the Ipswich River, crossing under Sanborn Lane east of Lilah Lane. The wetlands contain Certified Vernal Pools and provide habitat for frogs and salamanders, as well as many other wildlife species. The Conservation Restriction is required by a condition of the Order of Conditions issued for construction of the existing house on the lot. I have attached a map and aerial photo from the GIS system. There is a site plan attached to the CR document as Appendix B. The owner and the Conservation Commission have accepted the Conservation Restriction and signed the Grant. We hope that the Selectmen will also sign the Restriction on page 11, have the signatures notarized, and then return the Grant to the Commission. If you have any questions, please contact me in the Conservation office. Thank you for your consideration of this matter. kdi If ' 4 -'' 'o ` y. 3 GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING I, Sandra L. Emery, owner of the land at 9 Gregory Lane, and my successors and assigns (hereinafter referred to as the "Grantor "), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws of Massachusetts, grant, with Quitclaim Covenants, to the Town of Reading, a duly constituted municipal corporation having its usual place of business at 16 Lowell Street, Reading, Massachusetts 01867, acting by and through its Conservation Commission, and its successors and permitted assigns (hereinafter referred to as the "Grantee "), by authority of M.G.L.c. 40 §8C, in perpetuity and exclusively for conservation purposes, the following Conservation Restriction on the 50,947 square foot (1.17 -acre) portion of a 68,407 square foot (1.57 -acre) parcel of land located in the Town of Reading, Massachusetts, said parcel being described as: The areas shown as "Conservation Restriction Area" (hereinafter referred to as the "Premises ") on portions of the parcel shown as Parcel 7 of Reading Assessors Map 222A (hereinafter referred to as the "Property "), located on Gregory Lane, and shown on a plan of land entitled "Sketch Plan in Reading, Mass. Showing Conservation Restriction Area", prepared by Hayes Engineering, Inc., dated March 18, 1997, (hereinafter referred to as the "Plan"). Said Premises contain 50,947 square feet according to said plan and are more particularly described as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Said Premises and Property are more particularly described as set forth in Exhibit `B ", the Plan, attached hereto and incorporated here in by reference. The Property is shown as Lot 7 on a plan entitled, "Definitive Plan Carriage Estates — Phase II, Reading, MA ", owner and developer: Dividence Corp., Engineer: Hayes Engineering Inc., 603 Salem Street, Wakefield, Massachusetts 01880, dated August 15, 1991, revised: 11/18/91, 03/22/93, and May, 1993, said Plan recorded in Middlesex South district Registry of Deeds in Book 23269, Pages 53 and 54. The boundaries of the Premises have been staked with stone or concrete bounds as delineated in the above - referenced plan entitled "Sketch Plan in Reading, Mass. Showing Conservation Restriction Area". For Grantor's Title, see Middlesex South Registry of Deeds Book 33922, Page 279. This Grant of Conservation Restriction is required by an Order of Conditions issued by the Town of Reading Conservation Commission on November 21, 1991, and recorded at the Middlesex South District Registry of Deeds at Book 24385, Page 565. I. PURPOSES The Premises contains unusual, unique, and/or outstanding qualities the protection of which in their natural or open condition will be of benefit to the public. In perpetuity, the purpose of this Conservation Restriction is: to maintain the Premises for conservation purposes in a natural, scenic and undeveloped condition; and to prevent any use of the Premises that would impair or interfere with its conservation values. NON The Premises serves as a source of significant scenic and open space value to the residents of both the Town of Reading and the Commonwealth of Massachusetts. The Town of Reading has identified the significance of the Premises as open space through an Order of Conditions issued on November 21, 1991, a certified copy of which is recorded at the Middlesex South District Registry of Deeds at Book 24385, Page 565. The open, scenic, and natural condition of the Premises further contributes to the preservation of the Town of Reading's unique character. The Premises are in a Zone III aquifer recharge area for public water supply wells. The Premises contains a wide variety of plant and animal species threatened by development in the Town of Reading, including a red maple swamp plant community and an upland forest plant community. The Premises serves as a habitat for a multitude of animals and birds and contains several different species of plant and flowers. A purpose of this Conservation Restriction is also to protect the habitat of a Massachusetts Natural Heritage Program species of special concern, and amphibians associated with a vernal pool located east of the site. H. BINDING EFFECT, PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Binding Effect The Grantor covenants that the Premises will at all times be held, used, and conveyed subject to and not used in violation of the following restrictions that shall run with the Property in perpetuity. B. Prohibited Acts and Uses Except as otherwise herein provided, the Grantor shall neither perform not permit others to perform any of the following acts and uses in, on, over, or under the Premises: (1) Mining, excavating, dredging, cutting, destroying, or removing from the Premises soil, loam, peat, gravel, sand, rock, or other mineral resource or natural deposit; (2) Constructing or placing of any temporary or permanent building, structure, facility, or improvement in, on, over, or under the Premises, including but not limited to tennis courts, swimming pools, greenhouses, landing strips or pads, septic systems, mobile homes, skating rinks, asphalt, concrete or other forms of impervious pavement, roads, signs, fences, antennae and dishes, signs, billboards or other advertising displays, utility poles, towers, windmills, solar panels, conduits, lines, or other temporary or permanent structure or facilities in, on, over, or under the ground of the Premises; (3) Installing underground storage tanks or placing, filling, storing, or dumping on the Premises soil, refuse, trash, yardwaste such as lawn clippings, leaves, branches, etc. (other than those naturally deposited in the area), vehicle bodies or parts, 2 4 ; 45' rubbish, debris, junk, waste, or any other substance or material whatsoever, whether or not generated on the Property; (4) Cutting, removing, or otherwise destroying trees, grasses, shrubs, brush, or other vegetation; (5) Conducting activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, plants, or wildlife habitat; (6) Using the Premises for residential, commercial, or industrial purposes; (7) Except for vehicles authorized for permitted uses and for emergency vehicles, using motorized vehicles including skimobiles or all - terrain vehicles (ATV's); (8) Conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to the conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel; (9) Using herbicides and pesticides, or using other chemicals or mechanical means which may have an adverse impact upon the plant life or wildlife within the restricted area, except as may be permitted, in writing, by the Grantee for the control of noxious or invasive species; (10) Conducting any other use of the Premises or activity which, in the reasonable opinion of the Grantee, or in consultation with the Massachusetts Natural Heritage and Endangered Species Program, is or may become inconsistent with the intent of this Conservation Restriction or which would material ly impair its conservation interests unless in an emergency necessary for the protection of the conservation interests that are the subject of this Conservation. Restriction. C. Exceptions to Otherwise Prohibited Acts and Uses Notwithstanding any of the Prohibited Acts and Uses in subparagraph B above, the following acts and uses are permitted to the Grantor, but only if such acts and uses do not materially impair conservation interests and if such acts and uses have been expressly permitted by the Grantee in writing as set forth below: (1) Selective pruning of tree limbs that extend in a southerly direction from trees located near the southern boundary of the Premises over the boundary of the Premises into the unrestricted portion of the Property. Such limbs that overhang the unrestricted portion of the Property may be trimmed back to the boundary line without prior written approval of the Grantee; 3 q j (2) Selective pruning and cutting of trees and the shrub understory for fire prevention or to remove hazards and disease. Provided, however, that said activities shall be undertaken only with the consent and approval of the Grantee, which consent and approval shall not be unreasonably withheld or delayed; (3) Walking, strolling, hiking, skiing, horseback riding, or other similarly passive, non - motorized, and non - mechanized recreational activities in the Premises not inconsistent with the intent of this Conservation Restriction, which is the preservation and protection of the Premises in its natural, scenic, and undeveloped condition and the prevention of any use of the Premises that would impair or interfere with its conservation values; (4) Creating and maintaining additional narrow unpaved walkways and paths in the Premises. Provided, however, that said activities shall be undertaken only with the consent and approval of the Grantee, which consent and approval shall not be unreasonably withheld or delayed subject to the reasonable approval of the Grantee. However, no walkway or path shall be located within 100 feet of any vernal pool; and (5) Maintaining of existing stone walls in the Premises. The Grantor shall notify the Grantee in writing not less than sixty (60) days before the date the Grantor intends to undertake any of the activities described in this section with the exception of those described in paragraph H. C. (2) above. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to the activity's consistency with the purposes of this Conservation Restriction. The Grantee shall grant or withhold the Grantee's approval in writing within sixty (60) days of receipt of the Grantor's written request therefor. The Grantee, upon 48 -hour notice and between 9:00 a.m. and 8:00 p.m. Monday through Saturday, may perform an inspection before granting or withholding approval. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall include the right in the Grantee to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to its condition before the occurrence of the violation (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to and not a limitation of any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee shall attempt to resolve issues concerning violations through negotiations with Grantor prior to resorting to legal means. 4 �� / B. Grantee Disclaimer of Liability By the Grantee's acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts that are not caused by the Grantee or anyone acting under the direction of the Grantee. C. Non - Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the manner and timing of the Grantee's right to enforce this Conservation Restriction or otherwise exercise the Grantee's rights hereunder shall not be deemed or construed to be a waiver of any such rights. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Premises resulting from such causes. The parties in the Conservation Restriction agree that in the event of damage to the Premises from acts beyond the Grantor's control, that if it is desirable that the Premises be restored, the parties will cooperate in attempting to restore the Premises if feasible. IV. ACCESS: The Conservation Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Property, except as follows: The Grantor grants to the Grantee, or the Grantee's duly authorized agents or representatives, an easement of access including over any ways and nonrestricted areas necessary to enter the Property, at reasonable times and in a reasonable manner, and with prior written or telephonic notice to the Grantor, for the purpose of inspecting the Premises to determine compliance herewith, enforcing the restrictions herein, remedying any violation thereof, and inspecting the Premises before granting or withholding approval of the acts and uses as more fully described in Section H.C. Reasonable time shall be Monday through Friday between the hours of 9:00 AM and 7:00 PM and Saturday between the hours of 9:00 AM and 5:00 PM. V. COSTS, LIABILITIES, TAXES The Grantor shall pay, before delinquent, all taxes, assessments, fees, and charges levied on or assessed against the Property by a competent authority, and, except for such charges as may be imposed by the Town of Reading, shall furnish the Grantee with satisfactory evidence of payment upon request. VI. ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor while holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor on behalf of the Grantor and the Grantor's successors and assigns appoints the Grantee as the Grantor's attorney -in -fact to execute, acknowledge, and deliver any such instruments on the Grantor's behalf. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns agree to execute any such instruments upon request. C. Running of the Benefit The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances: (1) As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; (2) The person or entity to whom the Grantee intends to assign the Conservation Restriction, at the time of the assignment, shall qualify under Section 170(h) of the Intemal Revenue Code of 1986, as amended or any successor statute, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the Massachusetts General Laws, as amended or any successor statute, as an eligible donee to receive this Conservation Restriction directly; and (3) Any assignment shall be in compliance with the provisions of Article XCVII (97) of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII.. SUBSEQUENT TRANSFERS The Grantor shall incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which the Grantor divests any interest in all or a portion of 6 q I the Property, including a leasehold interest, and shall notify the Grantee within 20 days of such transfer. Failure to do so shall not impair this Conservation Restriction or its enforceability in any manner. The Grantor shall be liable only for violations existing during the Grantor's ownership, or for any transfer if in violation. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owners and may be held responsible for continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, that certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction. IX. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed the Conservation Restriction deed; the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained; and the Conservation Restriction deed has been recorded, or if registered land, has been registered in the Middlesex County Registry of Deeds. X, NOTICES Any notice, demand, request, consent, approval, or communication that either the Grantor or the Grantee desires or is required to give to the other shall be in writing and either served personally or sent by first -class mail, postage pre -paid, addressed as follows: To Grantor: Kevin M. Emery and/or Sandra L. Emery 9 Gregory Lane Reading, MA 01867 To Grantee: Town of Reading Conservation Commission 16 Lowell Street Reading, Massachusetts 01867 or such other address as either the Grantor or the Grantee from time to time shall designate by written notice to the other, or that is reasonably ascertainable. XI. GENERAL PROVISIONS A. Controlling Law 7 q In The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Notwithstanding any general rule of construction to the contrary, this Conservation Restriction shall be liberally construed to effectuate the purpose of this Conservation Restriction and the policies and purposes of Massachusetts General Laws Chapter 184, Sections 31 -33. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement between the Grantor and the Grantee with respect to the Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Restriction, all of which are merged herein. The Grantor shall record this instrument in a timely manner in the Middlesex South District Registry of Deeds and/or Registry District of'the Land Court. 8 q1' 11 WITNESS my hand and seal this —�— day of , andra L. Eme COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this IIf—day of `Z'CYJ_V , before me, the undersigned Notary Public, personally appe d s y L-. proved to me through satisfactory evidence of identification, w ' was /were 1/h1G , V��a L j2a4A 51-9 to be the person(s) whose name(s) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose. (Place Notary seal or stamp above.) Signature of Notary Public Printed name of Notary Public AIVI-- r7 20 My Co ssion Expires (date) 9 q; 1Z ACCEPTANCE OF GRANT BY CONSERVATION COMIVIISSION We, the undersigned, being a majority of the Conservation Commission of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on ZOO'L the Conservation Commission voted to accept the foregoing Cons rvati n Restriction pursuant to Massachusetts General LqQl, Chapter 40, Section SC, and agree to be bound by its terms. Commission n Commissioner f"nmmiecinnPr Lo ssianer Commissioner Commissioner COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this g I JA g day of , 2 0 0', before me, the undersigned Notary Public, personally appeared ca�t7L W OM 0 d (� s 1�. aw- U) . I 14 akt St; sil sue. proved to me through satisfactory evidence of identi cation, which was/were IV O'k-0- to be the person(s) whose name s) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members of the Reading Conservation Commission. (Place Notary seal or stamp above.) Signature of Notary Public i -f-Arl C.'es M -I 1=1 n lG Printed name of Notary Public -t" 7, Zo 0 9 My Commission Expires (date) 10 q', i3 APPROVAL OF GRANT BY BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on , the Selectmen voted to approve the foregoing Conservation Restriction pursuant to Massachusetts General Laws, Chapter 184, Section 32. Selectman Selectman Selectman Selectman Selectman COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of , before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was /were to be the person(s) whose name(s) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members of the Reading Board of Selectmen. (Place Notary seal or stamp above.) 11 Signature of Notary Public Printed name of Notary Public My Commission Expires (date) oilq APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of Reading has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Said approval is not to be construed as representing the existence or non - existence of any pre - existing rights of the public, if any, in and to the Property, and any such pre - existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. Dated: Middlesex, ss. Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS On this day of , before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was /were to be the person(s) whose name(s) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as the Secretary of Executive Office of Energy and Environmental Affairs. (Place Notary seal or stamp above.) Signature of Notary Public Printed name of Notary Public My Commission Expires (date) 12 q� EXMBIT A GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING Starting at the northeasterly corner of Lot 7 shown as on a certain plan entitled "Sketch Plan in Reading, Mass., Showing Conservation Restriction" prepared by Hayes Engineering, Inc., dated March 18, 1997, and thence running N36 °20'48 "E a distance of 273.29 feet; thence turning and running S63 °00'00 "E a distance of 84.28 feet; thence turning and running N54 °00'00 "E a distance of 30.00 feet; thence turning and running S84 °00'00 "E a distance of 44.00 feet; thence turning and running N13 °41'46 "E a distance of 264.63 feet; thence turning and running S86 °35' 10 "E a distance of 19.56 feet; thence turning and running S80 °46'57 "E a distance of 37.98 feet; thence turning and running S76 °21'28 "E a distance of 93.61 feet; thence turning and running S70'48'1 1"E a distance of 100.01 feet; To the point of the beginning. The Conservation Restriction Area contains 50,947 square feet of a 68,407 square foot parcel, according to said plan. 13 qj /6 Sk'E' TCH RZAN I/V • lAWN R ICHARD R. & AIDA S. DOUCETTE 588112 56 "E RONALD C. SONNEY ✓, STRANOSERO LO` 7 68,407 S.F. ti CONS47?VATION N� RESTRICT/ON " AREA lARTHUR J & MARIE B. OUALE sro� 1 >,��, rdoo> r �• k p 4'4,00 ,�,t� '•, �,y6 3O 00lS y � 1 (2T 8 R= 60. 00 L =84.44 4.1 „ N85'0 33 E rn ctl �AC IA C , SCALE 1 s 80' MARCH 16, 1997- HAYES ENC/NEER/NG, INC B03ti SALEM' S ' C /14Z ENGINEERS cC l,6& W4f(Ef/ELD'';i�(ASS' 01880 TEL; (617) 246;2 &00 LW SURVEYORS SHOWING COIVSZ-RVA TION RESTRICTION AREA lAWN R ICHARD R. & AIDA S. DOUCETTE 588112 56 "E RONALD C. SONNEY ✓, STRANOSERO LO` 7 68,407 S.F. ti CONS47?VATION N� RESTRICT/ON " AREA lARTHUR J & MARIE B. OUALE sro� 1 >,��, rdoo> r �• k p 4'4,00 ,�,t� '•, �,y6 3O 00lS y � 1 (2T 8 R= 60. 00 L =84.44 4.1 „ N85'0 33 E rn ctl Board of Selectmen Meeting April 14, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, and the following list of interested parties: Superintendent of Schools Pat Schettini, School Department Human Resources/Finance Director Mary Delai, Fire Chief Greg Bums, DPW Director Ted McIntire, Facilities Director Joe Huggins, Fred Van Magness, Fire Fighter Rob Loring, Dispatcher Vicky Avery, Jeff Zager. On motion by Schubert seconded by Tafoya, the Board of Selectmen voted to go into Executive Session for the purpose of labor negotiations to come back into Open Session at approximately 7:30 p.m. on a roll call vote with all five members voting in the affirmative. Reports and Comments Selectmen's Liaison Reports and Comments Selectman Camille Anthony on her Election. — Selectman Richard Schubert congratulated Selectman James Bonazoli offered congratulations to Selectman Camille Anthony. He also thanked staff regarding their hard work in hosting the Election, and was disappointed by the percent turnout. Selectman Bonazoli handed out copies of a "Walkable Reading" pamphlet, and noted that there will be a Spring spruce up the last week in April. He also noted that Reading Recreation has been dealing with the issue of sports and Spring session availability and assignment of fields. The Recreation Committee is meeting tonight with the sports organizations to hear their concerns. Vice Chairman Ben Tafoya noted that CPDC is having a workshop on 40R. He would like to get a copy of that material in the Board of Selectmen's packet. Additionally, regarding the Franklin Street zoning, he asked the Town Manager to get back to the parties who have developed a draft Zoning By-Law amendment to talk to them about what the process would be. Chairman Stephen Goldy announced the Fall Street Faire on September 13, 2009. He noted that there was information in the Transportation Bill regarding billboards, and he asked the Town Manager to get information on this. Town Manager's Report The Town Manager asked the Board of Selectmen to approve the conveyance of the trail easement on Kylie Drive to the Town of Reading under the control and management of the Conservation Commission. say Board of Selectmen Meeting = April 14 2009 — Page 2 On motion by Bonazoli seconded by Anthony, the Board of Selectmen voted to approve the conveyance of the trail easement on Kylie Drive to the Town of Readins under the control and management of its Conservation Commission by a vote of 5 -0 -0. Personnel and Appointments Badge Pinning — Fire Fighter - Fire Fighter Rob Loring was presented to the Board of Selectmen and Chief Greg Burns presided over the badge pinning. Fire Fighter Loring was welcomed to the Town. Introduce DPW Director — Designate - Public Works Director Ted McIntire presented Public Works Designate Jeff Zager to the Board of Selectmen. Mr. Zager was welcomed to the Town by the Board of Selectmen. Proclamations /Certificates of Appreciation Proclamation — Telecommunications Week - On motion by Bonazoli seconded by Anthony, the Board of Selectmen declared April 12 — 18, 2009 as Public Safety Telecommunications Week in Reading by a vote of 5 -0 -0. The Proclamation was presented to Head Dispatcher Vicky Avery. Discussion /Action Items Highlights — Dispatchers — Head Dispatcher Vicky Avery presented highlights on the Dispatch operation of the Town. Review Annual Town Meeting Warrant - The Board took out of order discussion on Article 15 — Performance Contracting. Superintendent of Schools Pat Schettini and School Human Resources and Finance Director Mary Delai as well as Facilities Director Joe Huggins were present. Ms. Delai reviewed the details of the Performance Contracting process. Following the presentation and questions and answers, a motion by Bonazoli seconded by Anthony that the Board of Selectmen recommend the subiect matter of Article 15 of the 2009 Annual Town Meeting Warrant was approved by a vote of 5 -0 -0. They suggested that for Town Meeting, a discussion of the risks related to entering into the Performance Contracting process should be included. The Town Manager reviewed the remainder of the Warrant for the 2009 Annual Town Meeting. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to recommend the suhiect matter of all Articles except Article 10 (Article 15 which they already . The motion was approved by a vote of Community Access Sticker Follow Up - The Board had discussion about the Community Access Sticker and whether or not the Board would want to see the two elements — Compost and commuter parking unbundled. The cost of operation of the Compost Center is approximately $118,000, and this includes the cost of machinery. There was discussion that the Town already 56L--, Board of Selectmen Meeting_ April 14 2009 — Page 3 owns the machinery and this should not be included. However, if one was outsourcing the Compost Center, this would need to be included. The Board talked about the difficulty of determining how many residents have the Community Access Stickers because they use it for the Compost Center, or they have it to use for commuter parking, and how many use it for both. The Board suggested collecting additional information on the application form for the Community Access Sticker as to what people are using it for and beyond that, decided not to make any changes at this time. World Cafe Review - The Town Manager reviewed the status of implementation of the World Cafe issues. By in large, the priorities expressed by participants in the World Cafe are priorities being implemented by the Town through a variety of means. Follow Up on Discussion — Sidewalk Snow Plowing - The Board discussed follow up on sidewalk snow plowing. The issue of sidewalk construction and sidewalk snownplowing should be separated, and this should be done on separate charts. The Board is interested in having a site visit this Spring to locations where the Town may be considering changing sidewalk snow plowing routes. The potential for these decisions should also be publicized. Approval of Minutes On motion by Bonazoli seconded by Schubert, the Board voted to approve the Minutes of March 10, 2009 by a vote of 5 -0 -0. O_ n motion by Bonazoli seconded by Tafova, the Board voted to approve the Minutes of March 17, 2009 by a vote of 5 -0 -0. On motion by Bonazoli seconded by Tafova, the Board voted to approve the Minutes of March 31, 2009 by a vote of 5 -0 -0. On motion by Anthony seconded by Tafova, the Board of Selectmen voted to adiourn their meetin,a of April 14, 2009 at 10:50 p.m. by a vote of 5 -0 -0. Respectfully submitted, Secretary 5_eI3 Board of Selectmen Meeting April 28, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Police Chief Jim Cormier, Recreation Administrator John Feudo, Town Counsel Ellen Doucette, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Dawn Cunningham, John Cronin, Everett and Virginia Blodgett, Angela Binda, Richard Conboy, Claire Paradiso, Nancy Linn Swain, Kathy Greenfield, Virginia Adams, Linda Mitchell, Arnold Rubin, Attorney Brad Latham, Mark Dickinson, Bill O'Brien. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that an RFP for design and construction drawings for the I- 95/I -93 Interchange has been issued. One of the potential bidders invited him and Selectman Camille Anthony to tour South Street but they did not because it was not appropriate to participate in that process when the bidder didn't have the contract yet. Vice Chairman Ben Tafoya noted that the Friends of the Library House Tour is on May 3rd. He also noted that the Board received an email from Dick Nazzaro regarding the traffic pattern at Market Basket. He noted that only a small piece of land is needed to make an exit and he is willing to talk to the property owners. Selectman Camille Anthony noted that the Reading Art Association Show is this weekend. She attended a Trust Fund Commissioners' Meeting last week and they funded scholarships. Selectman James Bonazoli reminded residents that they should pick up after themselves at fields and parks. He noted that there will be a Spring Spruce Up with Walkable Reading on Saturday at 9:00 a.m. beginning at Coolidge Middle School and then head towards Birch Meadow. Public Comment — Bill Brown noted that there was only a 75% turnout for Town Meeting and a lot of the seats were filled by write -in votes. He suggested that the Board take a look at changing the Charter, and he offered to help with a Charter Commission. Town Manager's Report The Town Manager gave the following report: • Downtown Project Update • Tennis Courts • Swine Flu sb ( Board of Selectmen Meeting — April 28, 2009 — Page 2 • Spring Spruce Up • Line Striping • Street Sweeping • Potholes and road conditions • Grant round for land acquisition • Application for MSBA partial funding for RMHS • Customer Survey results • Municipal Cabinet Meeting • Letter from Representative Brad Jones re: Transportation Reform Bill and prohibition of advertising on T property without local approval — bill is in Conference Committee. • MHD correspondence re: Hopkins and Main Street. • Town Engineer George Zambouras spoke to Mr. Chen -Yuan Wang of Central Transportation Planning Staff this morning. He .indicated to George that the Main and Franklin Street intersection is eligible under the states congested intersection program, and asked if we would like this to be considered. George explained the improvements we would like to see; i.e., crosswalks, HP ramps and left turn lanes, and about the meeting we had last year with MHD and Representative Jones. Mr. Wang felt the intersection had a reasonable chance of making it through the final list. They will be presenting the list of projects to the Transportation Planning and Programming Committee this Thursday. He will let me know the outcome ASAP: If it makes it through the final cut, they will be doing a traffic study in May. • Franklin Street Zoning Issue - Town Manager has offered to meet with the resident with Town Counsel and the Community Services Director. • 2010 Census • The Massachusetts Moderators Association has produced DVD presentations that explain, in lay terms, the workings of Town Meeting. The Representative Town Meeting DVD called "Voice of the People" premieres this Friday evening at Reading's Senior Center on Pleasant Street. A reception will be held beginning at 7:00 p.m. with the 20- minute presentation shown at roughly 7:30. The presentation is narrated by R.D. Sahl of NECN and also features moderators and Town Meeting members from around the State, including Reading. • Peek Into the Past: A Tour of Historic Reading Homes Sunday, May 3, 2009, 1:00 — 5:00 p.m. The Friends of the Reading Public Library, in partnership with the Reading Historical Commission, announce the 16th Annual House Tour, Sunday, May 3, 2009 1:00 -5:00 p.m. Sponsored by Advancian Realty and Sawtelle House, the House Tour will raise funds for many programs and activities at the Library. Tickets are on sale now at the Library, $25.00 each, $20 for members of the Friends. • An evening with Mary McGarry Morris Thursday, May 7, 2009, 7:00 -9:00 p.m. The Reading Public Library Foundation Helen A. Nigro Speaker Series is pleased to present an evening with best - selling author Mary McGarry Morris. Mary McGarry Morris is the author of many titles including A Hole in the Universe, Songs in Ordinary Time and Fiona Range. Her newest book, The Last Secret, is available at the Library. These titles will also be available for purchase at the circulation desk at the Library. Proceeds to benefit the Reading Public Library Foundation. Pick up your complimentary ticket at the circulation desk. 5b." Board of Selectmen Meeting — April 28, 2009 — Page 3 Proclamations /Certificates of Appreciation Proclamation — Police Memorial Week — Chief Jim Cormier was present to accept the Proclamation. A motion by Bonazoli seconded by Tafoya to proclaim May 10 -16, 2009 as Police Memorial Week in Reading was approved by a vote of 5 -0 -0. Proclamation — Arbor Day — A motion by Bonazoli seconded by Anthony to proclaim May 1, 2009 as Arbor Day in the Town of Reading was approved by a vote of 5 -0 -0. Personnel and Appointments Community Planning; and Development Commission — The Board interviewed Claire Paradiso for one position on the Community Planning and Development Commission. _ Tafoya moved and Bonazoli seconded to place the following name into nomination for one position on the Community Planning and Development Commission with a term expiring June 30, 2009• Claire Paradiso Ms Paradiso received five votes and was appointed. Discussion /Action Items Finalize "Code of Conduct" — The Town Manager noted that nine comments were received from the Boards, Committees and Commissions. He has made changes to address the concerns except for comment numbers 3, 5, 6 and 9. Chairman Stephen Goldy noted that regarding comment #5, this is not a policy, rule or bylaw so if it is violated, then it would be dealt with during the reappointment process. Chairman Stephen Goldy noted that regarding comment #9 of why this is necessary, he indicated that this is a good idea of what the Selectmen expect of the volunteers who are appointed. Selectman Richard Schubert noted that a lot of volunteers have no experience, so the guidance is useful. Selectman Camille Anthony noted that the second bullet under Treatment of Public Staff is repetitive and the first sentence should be removed. The following sentence should have "or Board of Selectmen" after the Town Manager. Board members had concerns regarding the second bullet under Responsibilities, and it being perceived as stifling a person's freedom of speech. The Board directed the Town Manager to reword that bullet. The Town Manager will make the noted changes and bring this back to the Board to be finalized. Hearing Washington Park Project — The Secretary read the hearing notice. Recreation Administrator John Feudo and Nancy Linn Swain were present. The Town Manager noted that the playground has been funded in FY 2010. The Committee made a recommendation to the Board of Selectmen and the Selectmen took it under advisement. s63 Board of Selectmen Meeting= A -ri128 2009 — Page 4 There are,unresolved issues of parking and removal of the wall. He noted that the proposal is to leave the archway, remove the stone wall and create diagonal parking. The Town Manager noted that emails were received from Joanne Gutierrez and Jason Peledge. Vice Chairman Ben Tafoya thanked the committee members and residents who worked hard on the master plan. He noted that the ball field is being moved further away from homes and tilted. Selectman James Bonazoli indicated that he wanted to keep the wall, and he feels that people should be walking to the playground, not driving. The Town Manager noted that all parks are community parks and games are played on the field by people who don't live in the neighborhood. Vice Chairman Ben Tafoya indicated that the committee is looking for an alternative to parking on Warren Avenue and also trying to discourage illicit behavior. Kathy Greenfield, Chairman of the Historical Commission, noted that they met and discussed the wall. She noted that the wall was built in 1935 and was a Works Progress Administration (WPA) project. She also noted that the WPA created millions of jobs, and most cormnunities in the country have a bridge or wall built by the WPA. She noted that the wall was sturdy and removing the wall will not eliminate social problems. Chief Jim Cormier noted that the illicit activity ebbs with the demographics of the neighborhood and most of the other parks are open. He indicated that opening up the purview would be helpful to the Police. Virginia Adams, member of the Historical Commission, noted that stone walls are the essence of New England culture and are a visible piece of history. Everett Blodgett of 99 Prescott Street noted that the problems with youth won't go away; they'll just go somewhere else. He also noted that the archway needs the most work. He noted that if you invite more cars, then you invite more problems. Linda Mitchell of 32 Prescott Street noted that the playground that is there is in terrible condition: She also noted that the group did research and found out the wall was not historical. She noted that she finds empty beer bottles behind the wall, and she feels that the wall needs to come down. Angela Binda, member of the Historical Commission, noted that the WPA spent $11 billion on projects and that those projects are being restored. She also noted that Parker Tavern was restored and is part of our history. Dawn Cunningham of 32 Warren Avenue noted that she loves the wall. She also noted that too many cars are parking on Warren Avenue and she would rather have the cars parked on Washington Street. oil Board of Selectmen Meeting — April 28, 2009 — Page 5 Richard Conboy of 35 Warren Avenue noted that the park gets a lot of use but could get greater use. He likes the plan and has fond memories of the wall but it doesn't add to the beauty of the park. A resident from 86 Washington Street noted that he likes the wall and asked about the tree abutting the wall. John Cronin of 87 Washington Street noted that he abuts the park and noted that he likes the wall. Vice Chairman Ben Tafoya noted that the equipment in the playground is substandard, and a real sidewalk is needed on Washington Street. He also noted that public safety is the issue regarding the wall. The wail was built to provide dignified work for people but now it is time to open it up so people will use the park. Selectman James Bonazoli noted that he is in favor of the plan but not taking the wall down. Selectman Richard Schubert noted -that he is in favor of keeping the wall. Chairman Stephen Goldy noted that the master plan was designed by the committee to address the concerns of the neighborhood. He suggests preserving the archway and addressing the concerns of the people living there today. A motion by Bonazoli seconded by Schubert to approve the Washington Park Master Plan minus the removal of the wall and angled parking was approved by a vote of 3 -2 -0, with Goldy and Tafoya opposed. Hearing - Revocation of Liquor License — Atlantic Food Mart — The Secretary read the hearing notice. Town Counsel Ellen Doucette, Arnold Rubin, Attorney Brad Latham, Mark Dickinson and Bill O'Brien were present. The Town Manager reviewed the items in the Selectmen's packet including a letter dated March 26, 2009 to Atlantic Food Mart, Inc. notifying them of the hearing, a copy of the liquor policy section that addressed the "Duty to Perform," a copy of the license, the Minutes from the November 18, 2008 Selectmen's Meeting when Mr. Rubin announced that his store was closing, an email regarding the inventory, a copy of the dissolution of Atlantic Food Trust and the dissolution of the Atlantic Food, Inc. The Town Manager noted that all establishments have a duty to perform, and they can't just hold a license. This license has not been used for approximately six months. Chairman Stephen Goldy asked why the license was renewed when Mr. Rubin indicated on November 18th that he was closing. Town Counsel noted that if Mr. Rubin had plans to transfer the license, then it was okay to renew. os Board of Selectmen Meeting — April 28 2009 — Page 6 Attorney Brad Latham indicated that Mr. Rubin is requesting a 45 day delay. He noted that Mark Dickinson has a client who wants to purchase the license. He will request a transfer and move the liquor license to Walkers Brook Drive. Attorney Latham indicated that Mr. Rubin will sell assets. The contract is in place pending tonight's decision. Mark Dickinson, owner of Walkers Brook Shopping Center, noted that he closed the landfill. Linens & Things closed and that was his profit store. He also noted that there has been no interest in that location until a couple of weeks ago when someone indicated that they were interested in putting a package store there. He noted there are no liquor stores on that side of Town and there are two grocery stores across the street. Chairman Stephen Goldy asked the difference between a transfer and a new liquor license. Town Counsel noted that a transfer is easier for the licensee but the Selectmen are still in control. Town Counsel also noted that the Board should grant a reasonable amount of time to transfer the license. Revocation is a punitive action and they haven't done anything wrong. Arnold Rubin indicated that he has operated in a responsible manner. He has received many calls from people interested in the license but he wasn't impressed with any of them. He noted that Mark Dickinson has a good stature in the community, and he is requesting the 45 day extension. 'Chairman Stephen Goldy asked Mr. Dickinson if he will be operating the store, and Mr. Dickinson indicated that he didn't know that yet. Selectman Camille Anthony indicated that she thought a transfer had to be for the same location. Town Counsel noted that if he had lost the lease; then he would move and get a transfer. She noted that a liquor license cannot be. "sold" but they can enter into a contract for a transfer. Town Counsel recommended that the Board get updates every week and get information as to what is going on. Selectman Richard Schubert noted that the Atlantic Mart location was key. It was one stop shopping and there should be an incentive to redevelop the Atlantic site and use the license there. Selectman James Bonazoli noted that the Atlantic site is about two years away from development. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to continue the public hearing on the revocation of the Retail Package Goods Store for all Kinds of Alcohol not to be Drunk on the Premises license for Atlantic Food Mart to May 19, 2009 at 7:30 p.m. was approved by a vote of 5 -0 -0. Review Goals — Chairman Stephen Goldy suggested putting the goals in categories. Selectman Camille Anthony indicated that she feels the Board should be looking at functioning on a high level; i.e., look at the vacancies in Town Meeting. HE Board of Selectmen Meeting — April 28, 2009.— Page 7 Selectman Richard Schubert noted that the goals should match the Town's vision. He also noted that we are dealing with limited resources and the Board cannot change goals every year. He doesn't feel that the goals should be rewritten, just tweaked. The impact on staff also has to be considered. On motion by Tafoya seconded by Bonazoli, the Board voted to adiourn the meeting of April 28, 2009 at 10:30 a.m. by a vote of 5 -0 -0. Respectfully submitted, Secretary 5 b1 Board of Selectmen Meeting May 5, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectman Camille Anthony, Youth Representative Sarah Mulroy, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Town Accountant Gail LaPointe, Elder /Human Services Administrator Dawn Folopoulos, Treasurer /Collector Nancy Heffernan, and the following list of interested parties: Scott McIntire, Eric Demas, Carol Patterson, Diane Luther, Betty Horn, Vida Pool. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony had no report but offered a demonstration of water conservation devices available through the Department of Public Works. Selectman James Bonazoli thanked all those who participated in Saturday's Spring Spruce Up, including Friends of Walkable Reading. He hopes. that the YMCA will participate next year in helping to clean up the abutting property between the YMCA and Birch Meadow Drive. Vice Chairman Ben Tafoya reported on the Stamp Out Hunger contributions to the Food Bank run by the U.S. Postal Service this weekend. He also thanked Town staff and Town Meeting for a good completion to Town Meeting. Finally, he expressed concern about the status of the State Budget and the need to plan on local level what our responses will be to further reductions to State Aid for 2009 or 2010. Youth Representative Sarah Mulroy reported that on Wednesday, May 20`h there will be a community intergenerational program at the Senior Center at 5:00 p.m. - "Name That Tune" from quiz shows. Discussion /Action Items Review Audit — Town Accountant Gail LaPointe and Auditors Scott McIntire and Eric Demas from Melanson & Heath presented information on the Audit. Mr. McIntire gave the background on what an audit is, why we are doing them, as well as the nature of the audits and what transactions are tested. He made three summary remarks: (1) the audit went well, (2) there were no significant audit findings and (3) there were no disagreements from a GAAP standpoint - therefore, the audit for the Town is a "clean audit opinion." 5.6 Board of Selectmen Meeting — May 5, 2009 — Page 2 Mr. McIntire reviewed several specific pages of the audit with the Board. He noted that as of June 30, 2008, the Town had $6.4 million in cash reserves which equals 7.9% of expenses. This is up from 7.6% the previous year. Selectman James Bonazoli asked what the standard is for other communities. Mr. McIntire noted that the 7.9% is a good level. The rating agencies want to see between 7.5% and 10 %. Reading also has a rapid debt repayment which the rating agencies look at favorably. With regard to the Management Letter, the two comments are (1) that the Town should obtain capital asset software, and Town Accountant Gail LaPointe noted that we have purchased the ProSystems FX software and it should be in place by June 30, 2009. The RMLD is kept separately with regard to capital asset software, and (2) that the FTC regulations recommend "red flag rules." This is because the Town provides services "on credit" for water; sewer, storm water management and Light Department services. The "red flag rules" are to prevent identity theft. Mr. McIntire will submit to the Town some policies and procedures that they have seen in other communities. Selectman Camille Anthony asked about areas of emphasis, and it was noted that the auditors have looked at ambulance billing and collections in the past, and the Town has implemented what was recommended. There was discussion on OPEB and whether or not this would effect the Town's rating, and in Mr. McIntire's opinion, it would not. Rating agencies are aware .of the post employment benefit liability and it is not a new liability. What has changed is the more precise identification of the level of liability. At the end of May or early June, the Audit Committee will be meeting again. If there are areas that the Board of Selectmen feel should be looked at on a focused area, then that should be brought to Selectman Camille Anthony's attention as a member of the Audit Committee. Highlights,— Nurse Advocate — Carol Patterson from the Council on Aging introduced Nurse Advocate Diane Luther and the Elder /Human Services Administrator Dawn Folopoulos. They gave a detailed presentation on the level of services that were provided during the year. Betty Horn, a recipient of services from the Nurse Advocate, was present and spoke. Mystic Valley Elder Services (MVES) re: Project Safe — Vida Pool from MVES was present. They have a program called Project Safe which is to identify and talk with all residents 80 years of age or older. The program started in 2002 and is now being rolled out in Reading, and the last community of North Reading will be started soon. They are 3/ of the way through their Outreach Program. This is a collaborative effort with the Reading Elder /Human Services Division. They send out letters two weeks before their visit, and 90% of the interviewees have filled out their "file of life" cards. There are SCSI/ Board of Selectmen Meeting — MU 5 2009 — Page 3 1116 elders who are over 80 years of age and 875 of them are part of this program. Those who are not part of this program are in nursing homes or assisted living facilities. Proclamations /Certificates of Appreciation Certificate of Recognition — Eagle Scout Award — Patrick Gildea — On motion by _Bonazoli seconded by Anthony, the Board of Selectmen approved a Certificate of Recognition for Patrick Gildea on the occasion of his Eagle Scout Court of Honor Award. The Board will consider who among them will be available to attend the Court of Honor ceremony. Review Revised Tax and Utility Bills — Treasurer /Collector Nancy Heffernan was present to review the new formats of both the water & sewer bills and the tax bills with the Board of Selectmen. She also noted that the number of late excise payments are down 57% from last year due in large part to the extraordinary efforts to give people extra notice of the increase in the demand charge. Town Manager Review of Goals — The Town Manager's Goals were reviewed in summary. Selectman Camille Anthony asked to prioritize the establishment of an ad hoc Building Committee to look at all Town and School building needs. The Parking Study will be brought back before the Board of Selectman for discussion and direction. The Town does not have funding for the full traffic study in the area bounded by Woburn Street, Lowell Street, Middlesex Avenue and High Street. However, we will do post Downtown construction traffic counts to compare them with the pre - construction counts that we did. Code of Conduct - The Town Manager will send out the revised Code of Conduct with the changes suggested by the Board of Selectmen at their last meeting. Correspondence from Congressman Tierney's Office re: Transportation Projects - The Board reviewed the correspondence from Congressman Tierney's Office regarding potential highway and transportation projects to be funded as part of the new federal funding program. The Town Manager brought this to the attention of the Board because of specific mention of the I- 93/I -95 Interchange Project. The Board suggested that a letter be sent to Congressman Tierney's Office with the letter that was sent to Mass Highway a year or two ago regarding this project. Copies will be sent to Congressman Tierney's staff. Draft Regulations on Outdoor Sidewalk Dining — The Town Manager reviewed the draft regulations on outdoor sidewalk dining. This draft has been sent to the Chamber of Commerce for their information and is currently being reviewed by staff. Selectman Camille Anthony suggested that the proposed regulations be put into broad categories for easier understanding and compliance. This will be rescheduled for a future date by the Board of Selectmen. 5c3 Board of Selectmen Meeting — May 5, 2009 — Page 4 The Town Manager noted that the Attorney for the Atlantic Food Mart had called to request that the continued hearing on the revocation of the liquor license be extended to June 9th because both he and the proposed recipient of the transfer are not available for the Board of Selectmen's meeting on May 19th The Board was amenable to the change and Vice Chairman Ben Tafoya noted that with this change, this would give the applicant almost what they had asked for — which is a 45 day continuation to see if they could transfer the license. voted 2009 at 9:25 mm. by a vote of Respectfully submitted, Secretary cN Board of Selectmen Meeting May 19, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Selectmen Camille Anthony and Richard Schubert, Youth Representative Sarah Mulroy, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: John and Lynn Arena, Peter Gent, Arthur and Kirsten Tzianabos, Mark and Nancy Cullen, Philip Longsdon, Richard Whalen, John and Linda Toth, Walter Mack, Joseph and Barbara Argonish, Peter Genovese, Patricia Napolitano, Marg Bowles, Pat Crowley, Palarat Pattanesuan, Thomas Plano, Thomas Plano, Sr. Reports and Comments Selectmen's Liaison Reports and Comments — Youth Representative Sarah Mulroy congratulated the Coolidge Middle School for placing 19th in the Nationals in Georgia. There will be an intergenerational game night at the Senior Center tomorrow night from 5:00 p.m. to 7:00 p.m. She noted that Rachel Marolda is selling bracelets to raise money in memory of Eddie Charest who passed away this week. Selectman Richard Schubert noted that there has been no activity at the tennis courts. The Town Manager noted that there is an agreement in principle and when it is final, the contractors will be scheduled. Selectman Camille Anthony noted that she missed a meeting with the Trust Fund Commissioners, and noted that the Exemplary Teacher Award has not been spent. Vice Chairman Ben Tafoya asked about the trailer on Main Street at Franklin and also asked for the Memorial Day schedule. Public Comment — Mark Cullen of 58 Francis Drive submitted a petition with 300 signatures opposed to the 885 Main Street proposed LIP. He asked that all abutters within 300 feet be notified of any future meetings. John Arena of 26 Francis Drive noted that the developer has not responded as the Selectmen suggested. He also noted that abutters need to be notified of all meetings regarding 885 Main Street. Linda Toth of 55 Frances Drive expressed her dismay over the missing left hand turn signal onto Main Street. The Town Manager noted that he is not sure if it will come back. He indicated that we will not know until the project is done, and noted that the left turn onto Main Street is low flow. Sd1 Board of Selectmen Meeting; — May 19, 2009 — Page 2 A resident noted that he was hit from behind the first night the signal was gone. Town Manal4er's Report The Town Manager gave the following report: • Downtown Project update • Flag Pole • Stamped Concrete • Ash Street Grade Crossing completed • Tennis Courts • Sewer Investigation • Ristorante Pavarotti — Mistake on beer /wine license • Town Engineer George Zambouras spoke to Mr. Chen -Yuan Wang of Central Transportation Planning Staff this morning. He indicated to George that the Main and Franklin Street intersection is eligible under the State's congested intersection program, and asked if we would like it to be considered. George explained the improvements we would like to see; i.e., crosswalks, HP ramps and left turn lanes, and about the meeting we had last year with MHD and Rep. Brad Jones. Mr. Wang felt the intersection had a reasonable chance of making it through the final list. They will be presenting the list of projects to the Transportation Planning and Programming Committee this Thursday. He will let me know the outcome ASAP. If it makes it through the final cut, they will be doing a traffic study in May. • The Massachusetts Moderators Association has produced DVD presentations that explain, in lay terms, the workings of Town Meeting. The Representative Town Meeting DVD, called "Voice of the People," premiered a couple of weeks ago at the Senior Center, and it will be aired on RCTV. You will recognize several people in the video. The Assistant Town Manager noted that the Town is looking for a new Town Clerk. John Hanson, former City Clerk of Everett, is helping out temporarily. Discussion /Action Items Continued Hearing - Atlantic Food Mart Liquor License — Revocation — The Secretary read the hearing notice. The Town Manager noted that this was previously continued to tonight but the attorney and potential licensee are not available so they are requesting a continuation. Vice Chairman Ben Tafoya asked the Town Manager to get further thoughts from Town Counsel regarding the basis for denial to someone who meets the criteria. He also requested an outline of the process to add one more package store. He noted that there seems to be a step missing in the formal notification to the licenses if the Board is going to deny. Selectman Camille Anthony requested that the timing be tracked. Selectman Richard Schubert requested information on their rights to deny a license; i.e., location, size, etc. He requested the square footage of the existing liquor stores. 5 Az Board of Selectmen Meeting — May 19, 2009 — Page 3 A motion by Anthony seconded by Schubert to continue the hearing on the revocation of the Atlantic Food Mart Liquor License to June 9, 2009 at 8:00 p.m. was approved by a vote of 3 -0 -0.' The Town Manager noted that he will do an abbreviated notice for the next hearing. Hearing - Fees — The Secretary read the hearing notice. The Town Manager noted that there is a large amount of information on fees. He also noted that we do not depend on any increased fees this year in the budget so he suggests not raising any right now.. The Assistant Town Manager noted that most late fees are State law. He reviewed the interest charge on utilities, real estate, water, sewer and storm water, tax title and excise tax. He also noted that lost payments and lost mail is an issue. Selectman Richard Schubert suggested tracking penalties in Munis to prevent the perception of favoritism. Vice Chairman Ben Tafoya suggested bringing this topic back to the Selectmen. A motion by Schubert seconded by Anthony to close the hearinp, on the fee changes was approved by a vote of 3 -0 -0. Hearing_ Bangkok Spice Thai Restaurant — Beer and Wine License — The Secretary read the hearing notice. The owner of Bangkok Spice Thai Restaurant, Palarat Pattanesuan, was present. The Town Manager noted that the Board of Selectmen had approved a beer and wine license in the past but the ABCC denied it because the applicant was not a citizen. The applicant is now a citizen. The comments from the Health and Police Departments are in the packet. The alcohol will be in a secure location. Mr. Pattanesuan noted that he has been in that location for nine years. Selectman Richard Schubert asked if he will be adding a cooler for beer and wine and if it would be under his control. Mr. Pattanesuan responded in the affirmative. Selectman Richard Schubert noted that the Board received an email from a resident in favor of the issuance of a beer and wine license. He also informed the applicant that he would have to receive TIPS training and noted that compliance checks are done on a regular basis. A motion by Anthony seconded by Schubert to close the hearinp- for a Wine and Malt Restaurant Liquor License for Bangkok Spice Thai Restaurant was approved by a vote of 3 -0 -0. Sd3 Board of Selectmen Meeting_ May 19, 2009 — Page 4 _A motion by Anthony seconded by Schubert that the Board of Selectmen approve the Wine and Malt Restaurant Liquor License for Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiriniz December 31, 2009, subject to the followinjZ conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and also subject to a satisfactory inspection of the establishment by the Town Manager was approved by a vote of 3 -0 -0. Hearing — Birch Meadow Master Plan — Selectman Richard Schubert read the hearing notice. The Town Manager noted that Recreation Administrator John Feudo surveyed students to determine what they want. He reviewed three possible plans for the area. He also noted that the ball field is doable with any of the three plans. Selectman Camille Anthony noted that the skate board park needs to be discussed. The Board had previously discussed relocating it elsewhere. She feels that the full Board needs to decide. Thomas Plano of 128 Gleason Road noted that if the skate park isn't big enough, it won't accommodate everyone. The Town Manager noted that it is as big as two tennis courts. Mr. Plano also noted that the Middle Schools and High Schools weren't surveyed and they are the skaters. He feels that the smaller children might be intimidated by the older children. Thomas Plano, Sr. noted that they visited Liverpool, New York and they have a very nice and well run skate park. He also noted that Reading offers plenty for the younger children but there needs to be a place for the middle school children, and the park should be in the open where the public can view. Vice Chairman Ben Tafoya noted that the Board needs to hear on some alternative location for the skate park. Selectman Richard Schubert agreed that big kids with little kids can be intimidating. He noted that the plan is too much for that area and he has concerns about parking. Selectman Camille Anthony noted that the area needs picnic tables and benches such as the playground across the street from the Stoneham Zoo. She asked how much parking was at the previous Imagination Station, and the Town Manager noted 30 spaces and we will lose five spaces with these plans. Selectman Anthony indicated that she would like to see a parking map. Vice Chairman Ben Tafoya asked how the loss of parking spaces will impact traffic. A motion by Anthony seconded by Schubert to continue the hearing on the Birch Meadow Master Plan until June 9th at 9:00 p.m. was approved by a vote of 3 -0 -0. Policy Discussion — Youth Liaison to Board of Selectmen — The Town Manager noted that he put together a bullet list of items. Youth Representative Sarah Mulroy indicated that it looks fine to her. 5d q Board of Selectmen Meeting — May 19, 2009 — Page 5 Selectman Richard Schubert noted that the wording "youth liaison" and "student liaison" should be consistent. Selectman Camille Anthony suggested calling these guidelines. She also questioned whether the liaison needs to receive a full packet. Vice Chairman Ben Tafoya suggested adding a bullet indicating that the role of the youth liaison is to represent all youth in the Town no matter what school they go to. Revised Liquor Policies re: Clubs and All Alcoholic Licenses in Restaurants with less than 100 seats — The Town Manager noted that the intent is to implement orderly closing for clubs, and to implement a policy for all alcohol licenses with less than 100 seats. The Town Manager reviewed the policy for all alcohol for under 100 seats. Selectman Camille Anthony noted that the fee should be the same for over 100 seats. Vice Chairman Ben Tafoya indicated that he feels the volume of alcohol that's being sold should determine the value. Selectman Anthony suggested surveying other communities including Arlington. The Town Manager noted that the hours would be the same as for beer and wine. Vice Chairman Ben Tafoya indicated that all licensees should have the same start and closing times. The Town Manager reviewed the orderly closing for clubs. Vice Chairman Ben Tafoya suggested doing a survey of the clubs regarding their function hall events and members only events including the hours. Follow Up to Instructional Motion from Town Meeting — The Town Manager noted that Jeff Strueble made an instructional motion at Town Meeting to either repair or replace the cemetery garage. The Town Manager suggested setting up an ad hoc committee or establish the Building Committee that the Board has talked about and include this in their Charter. Vice Chairman Ben Tafoya noted that the Oakland Road situation could also be included in the charge. Selectman Richard Schubert noted that the make up of the committee may need to change due to the issue they are focusing on. The Town Manager suggested a member of the Selectmen, School Committee, Library Trustees, and then keep the rest of the committee broad. Selectman Camille Anthony noted that the Cemetery Division falls under DPW but they don't want to be at the DPW Garage. She asked who decides, and the Town Manager noted that the Selectmen decide. s�� Board of Selectmen Meeting — May 19, 2009 — Page 6 A motion by Schubert seconded by Anthony to adiourn the meeting of May 19, 2009 at 9:15 p.m: was approved by a vote of 3 -0 -0. Respectfully submitted, Secretary 5aG Board of Selectmen Meeting May 26, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectman Camille Anthony, Town Manager Peter Hechenbleikner and Assistant Town Manager /Finance Director Bob LeLacheur. Reports and Comments Selectmen's Liaison Reports and Comments — There were no Selectmen's Liaison Reports and Comments other than appreciation by the Board of Selectmen for the staff work, in preparing for Memorial Day. A suggestion was made by Selectman James Bonazoli that perhaps the Parade could be expanded in length and number of participants. Discussion /Action Items Code of Conduct — The Town Manager reviewed the draft of the Code of Conduct. With regard to enforcement, the Board felt that language to the effect if member conduct is inconsistent with the policy, the Board of Selectmen will determine if action needs to be taken. This will be put on a future meeting for the Board to adopt. Additionally, the Assistant Town Manager raised the question as to whether or not members of all Boards, Committees and Commissions should be required to fulfill all civic obligations including payments of taxes, licensing of dogs, etc. in order to serve. The Town Manager will ask Town* Counsel to check this matter. Boards Committees and Commissions Appointment Process — The Town Manager noted that Chairman Stephen Goldy asked that this matter be deferred in discussion until he could be present. The Board members present wondered how, using the North Andover model, the three members who are not on the Screening Committee who had a question about an appointee get that question resolved. The Town Manager will ask other Town Managers how they address this issue if at all. Electronic Packets - The Board discussed the issue of electronic packets. The Town Manager explained that at least a couple of members of the Reading Municipal Light Board got their packets, for their meetings electronically and then brought this information on their persnal laptops to the meeting. An advantage to such a system would be to avoid having the Police drive to the Selectmen's homes to deliver their packets once a week, and it would also save on paper. s�� Board of Selectmen Meeting — May 26, 2009 — Page 2 Vice Chairman Ben Tafoya noted that being in a meeting with everyone focused on their laptops could be very distracting to the operation of the meeting both with the noise of typing as well as members focused on their laptops. Members of the Board felt that some information could be sent electronically; for example, the liquor license renewals, and much if not all correspondence. The Agenda could then list the correspondence. The Town Manager noted that eventually all of the packets will be done electronically in addition to however the Board of Selectmen want to receive them for purpose of record retention. It would also be his intention to put the full packet on the Town's website with the Board of Selectmen's Agenda probably the Monday before a Tuesday meeting. The Board felt that some items like the Tracking Log, the Calendar and even the Minutes could be given to the Board electronically. If the entire packet was sent to the Board electronically, then Board members could print out for themselves whatever was relevant to the upcoming meeting. For the next Board of Selectmen's meeting, we will send out the packet as usual but Board members will focus on what, in that packet, could be provided electronically rather than in paper. Goals — The Town Manager noted that there have been several suggestions about Selectmen's Goals, and whether or not they differ from the Town Manager's Goals. There was a difference of opinion among the members of the Board. He would like to suggest the following: For the Board of Selectmen to develop broad vision statements in a number of areas that cross Town Government functional areas. Examples would be economic development, sustainability, financial planning, etc. The concept would be to have an evening meeting with no other business on the agenda, and take one of these topics, thoroughly review it with the Board of Selectmen and staff who are involved with that item (Department Heads and perhaps some Division Heads), and at the end have a vision for that area of focus. Once the Board had done this for the three or four of the areas that they wanted to utilize, then it will be much easier for the Town Manager to set goals at a work program in furtherance of these vision statements. The Board members suggested pulling out previous information like the existing mission and value statements, and have the Board then go through the process of determining what two or three major areas of focus would be. Information for the World Cafe could also be used for securing information on the two or three major areas of focus. These areas should be broad issues that are interdisciplinary in nature. Vice Chairman Ben Tafoya noted that the Board could then use a process of reviewing strengths, weaknesses, opportunities and threats to focus the discussion on those areas. The Board agreed to do a workshop type of meeting with staff to develop the two or three r /—Z Board of Selectmen Meeting — May 26 2009 — Page 3 major areas of focus for this process. This will be done without a facilitator and each topic would take one such evening. Selectman Camille Anthony also asked for several items to be considered: • Community Outreach, "Reading Matters," monthly shows on RCTV to be rotated among the Board of Selectmen, and better ways for Outreach to get people to vote. • Modifying the email acknowledgement process. • Establishing common liaison responsibilities. • Looking at the next upcoming meeting of the Board of Selectmen at the end of a meeting so the Board knows what is coming up. The Board had some discussion on the MMA material and budgets. The Town Manager advised that we continue to wait until we have a State Budget, and then look at modifying or amending our budget as needed. On motion by Anthony seconded by Bonazoli, the Board voted to IZo into Executive Session for the purpose of labor negotiations not to come back into Open Session. On a roll call vote all three members voted in the affirmative and the motion was carried. Respectfully submitted, Secretary ��3 j• rte" a.. a 639:INcoRR�4P May 26, 2009 Michael Steinitz Director � Ic &,(; CAROL KOWALSKI Town of Reading Community Services Director/ Town Planner 16 Lowell Street Phone: 781.942.6612 Reading MA 01867 -2683 Fax: 781.942 -9071 ckowalski @ci.reading.ma.us Preservation Planning Division Massachusetts Historical Commission 220 Morrissey Boulevard Boston, MA 02125 Dear Michael, Thank you for your letter informing us that the Reading Historical Commission's proposal for a Survey and Planning grant has been allocated $12,000 from the Massachusetts Historical Commission's FY 09 Survey and Planning Grant Program. The Town intends to accept the grant allocation. The Chair of the Historical Commission, Kathryn Greenfield, and Staff Planner Abigail McCabe will attend the workshop on May 27 for Local Project Coordinators. Thank you. VOW l o AICP Community Services Director /Town Planner Cc: B. Simon, MHC Executive Director P. Hechenbleikner, Town Manager K. Greenfield =123 2(D9 IIAY26 All If: 10 May 21, 2009 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Channel Line-up Changes Dear Members of the Board: In keeping with our ongoing efforts to provide regular updates regarding our service, I would like to inform you of some upcoming changes to our channel line-up within your community. Effective June 26, 2009, the following digital channels will be moving from the Digital Starter service tier to the Expanded Basic service tier: EWTN ch 238, Hallmark Channel ch 208, Inspirational Channel ch 234, MSNBC ch 251 and TruTV ch 186. In addition, Fox Business ch 248 and Lifetime Movie Network ch 270 will be moving from the Digital Classic and Digital Preferred service tiers to the Expanded Basic service tier on June 26, 2009. All channel numbers will remain the same. Customers will need to subscribe to a digital package containing Expanded Basic content to view these cham-lels. In addition, customers will need digital capable equipment to view these channels. 1 A preview of these chamiels in there new service tier began on April 16, 2009. Also effective June 26, 2009, the following digital channels will be moving from the Digital Classic and Digital Preferred packages to our Digital Starter package: Biography Channel ch 242, Bloomberg TV ch 243, CSPAN-3 ch 246, G4 ch 219, History International ch 242, jewelry TV ch 183 and PBS M.ds Sprout ch 218. All channel numbers will remain the same. A digital cable box and subscription to our Digital Starter package will be required to receive these digital channels. 2 A preview of these charnels in there new package began on April 16, 2009. Lastly, Hallmark Movie Channel ch 199 will be added to our Digital Starter tier on June 26, 2009. A digital cable box and subscription to- our Digital Starter package will be required to view this channel. 6D Town of Reading Page 2 Should residents contact you with questions regarding these changes, please do not hesitate to direct them to our toll free customer service number: 1-800-COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days a week to answer any questions they may have regarding Comcast products, services and prices. If you have any questions about this or any other issue, please feel free to contact me directly at 978-927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Comm-unity Relations 1 When using a digital television with a QAM tuner to receive these channels, a digital cable box, digital adapter or CableCARD may be necessary for the full operation of the digital televisions features. 2 Digital Starter includes Basic Service, Expanded Basic content, Digital Starter content, a digital cable box and remote or CableCARD on the primary outlet. _ May 27 2009 — __ = Peter A. Valberg, Ph.D. Gradient Gradient Corporation CORPORATION Report to the Town of Reading Monitoring of RF Exposure Levels, Reading, MA Introduction and Summary The Town of Reading, Massachusetts has requested that Gradient Corporation measure, each year, the radio frequency (RF) energy levels in the vicinity of the Wireless Telecommunications Equipment located on the Water Tower Site (Elevated Water Tank, 59 Auburn Street, near the corner of Auburn and Beacon Streets) in Reading, MA. Dr. Peter Valberg of Gradient Corporation was contracted to annually survey RF levels on streets adjacent to and nearby the Water Tower Site (Auburn Street, Beacon Street, Chestnut Street, Locust Road and Parkview Road). RF measurements were previously made at these same locations on November 13, 2000; April 2, 2001; July 9,2001; December 20,2001; December 31, 2002; December 29,2003; December 23, 2004; December 26, 2005; December 14, 2006; and March 4, 2008. This report provides the results of RF measurements made on Tuesday, May 26, 2009. The Gradient - Corporation survey on May 26, 2009 found that RF levels continued to be low and were in substantial agreement with values measured in the earlier surveys. The May 2009 RF levels remain many -fold (about 1,000 -fold) below the safety guidelines on allowable RF levels for the general public. For completeness, Sections 2 through 5, and Section 8, provide updated background scientific information, as provided in earlier reports. Sections 6 and 7 provide the RF monitoring results for May 26, 2009. 2 Nature of Radiofrequency (RIF) Waves ui - OV4� c Electroma tic waves, also called "radio waves" or "radiofrequency radiation," are generated by moving e tric charges. A good analogy is the wave pattern produced in a lake if you periodically poke a sti into the surface. You notice that as you do this, waves are created in the surface of the lake that pagate outward from the point of disturbance. The stick pushing up and down is analogou o the electric charges in an antenna moving up and down, and the waves produced are analogo to the electromagnetic waves propagating away from the antenna. The electric field can be visua ed as lines coming out from the charge radially like the spokes on a wheel (except that the electric d lines continue outward indefinitely). When you move electric charges, field lines follow, so tha hey are always coming out radially from charged particles. If you shake a charged particle t enough the lines cannot instantaneously reorient toward the new position of the particle, and y et "kinks" in the electric field lines that move outward at the speed of light. That is, electromagne ' the are essentially kinks in the Gradient Corporation • 20 University Road, Cambridge, MA 02138 • (617) 395 -5000 • fax: (617) 395 -5001 • www.gradientcorr).com •