HomeMy WebLinkAbout2009-05-26 Board of Selectmen PacketOFRAgo'Y Town of Reading
16 Lowell Street
~os3'9:1Hc0RRp4P~~v Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942-9043
MEMORANDUM
TO: Board of Selectmen
FROM: Peter Hechenbleikner
DATE: May 22, 2009
RE: Agenda - May 26, 2009
This is the first "Workshop Meeting" in the new format and new location - Conference Room.
2a) Enclosed in your packet is the revised Code of Conduct with all of the comments
received to date. Hopefully the Board should be able to bless this document and approve
it at your meeting on June 9, 2009.
2b) Board, Committee 'and Commission Appointment Process - Enclosed is an email from
North Andover regarding their process. Since Steve Goldy will not be at the meeting and
this was his initiative, he's asked to put this off for discussion at a later date.
2c) Electronic Packet - I mentioned this issue to the Board members at their meeting on the
19th and would like to get some direction from the Board as to whether or not they want
to consider receiving the Selectmen packets electronically and then for them to bring a
laptop computer to utilize during their meeting. The Reading Municipal Light Board has
a combination of some members who use the electronic packet and others who utilize
paper. There are a number of advantages to an electronic packet including conservation
of resources (paper), direct delivery at home without being delivered by the Reading
Police Department, and the ability to post the packet on Tuesday morning on the website
prior to the Selectmen's meeting. Draw backs may be that some members of the Board
are less technologically savvy than others, and this would require the Selectmen to bring
a lap top to the meeting. t
2d) Goals - I believe the purpose of this agenda* item is to discuss a process of moving
forward to develop a Selectmen's vision or goals for the Town on a periodic basis. One
concept that.1 discussed with a couple of members of the Board is to have a series of
meetings - potentially three or four - with the Selectmen and Department Heads to
discuss topic areas and to develop a vision statement around these topics potential topics
would be economic development, sustainable community, finances and others that the
Board can imagine. If the Board were to take this approach, these sessions could be held
in a 2 hour meeting on a non-Selectmen's meeting night evening session. I understand
that there is hesitancy on the part of some members to utilize an outside facilitator and I
believe in this format we could accomplish the work needed within are own Town
resources. I'm sure there are other alternatives and options for how to approach this
issue. This should be a good discussion among the Board members.
3) I'm requesting a brief Executive Session on labor negotiations following the regular
business on the Work Shop meeting.
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,6~9~1NCOR4~~~O
Code of Conduct
("corrections" made to address comments attached)
Every member of every Board, Committee, or Commission (B/C/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 Governinq'Action
• Abide by the ethics guidelines establish`ed''by the State.
• Abide by all applicable state statutes and Generai;,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 Towk, tall 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 df how he_or.she will vote on matters that will come before
the B/C/C antil he or she has had an opportunity to hear the pros and cons of the issue
during a public meeting of tfio;'B/:C/C.
• Make:decisions only after all facts on a question have been presented and discussed.
• Refrain from communicating the position of the B/C/C (as opposed to your 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.
Treatment of Public, Staff, and Other Members
• Treat with respect all 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. New Do RGt
Concerns about staff performance
should only be made to the Town Manager or the Board of Selectmen liaison to the
B/C/C through private conversation.
• Insure that any materials or information provided to a B/C/C member from Town staff should
be made available to all B/C/C members.
• If circumstances change so that meeting attendance on a regular basis becomes difficult,
the B/C/C member 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.
5/22/2009 g (A,
Comments Received from B/C/C
The 4th item under Decision Making - "Refrain...." -could be interpreted as a gag order.
This could be used to prevent minority positions from reaching the public. It needs greater
wording so that minority position could be expressed. It also could be interpreted to be an
anti "whistleblower" policy.
The 2nd item under Treatment - "Never...." This is too broad. I understand what is being
attempted here but if I stand up at any meeting and say a plan that is proposing does not
work that remark would be in violation of this policy. It needs to be narrowed.
3. On the draft code of conduct, please pass along the comment from me that the 2nd
bullet under "Responsibilities" can conflict with the fourth bullet. If each appointee is
supposed to represent the entire community it will mean there are times when they
should speak up about a decision made by the majority of their` committee. Not all the
time but sometimes.
The word "criticism" should be defined - is disagreeing with someone::1considered
criticism? Perhaps a different word should be used.
5. What happens if the "Code of Conduct" is violated?
6. Allow full public participation to debate; comment, and present the facts on issues before
the B/C/C.
~l Under the decision making section, the first item says to go through the staff person
assigned to the board 'with requests for assistance from 'other staff members. What about
boards that do not have an assigned staff person, such as the Trails Committee? (One
way to handle this would be ta'h. ave a policy that every board is assigned a staff person.)
Under "Treatment of public, staff and other members" I have a concern on the second bullet:
- Never publicly criticize an`erpployee of the Town. Concerns about staff should be ONLY be
made to the Town Manager through private conversation
I think I understand the intent of 'he bullet; but I don't think that the way it reads is how a
B/C/C conducts business. For instance, as you know, we now have a "For Your Information"
document. I'll attach one that I've started to write regarding Swissbakers. In our Committee
we discuss, in a public forum, concerns (which can be interpreted as criticisms) and we
created the For Your Information document as a way to address these concerns. With the
intent that this input could address rumors, and perhaps make recommendations for change
based on the discussion around a concern.
9. Why is this code necessary?
5/22/2009
a
Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, May 21, 2009 5:00 PM
To: Schena, Paula
Subject: FW: BCC Appointments
From: Rees, Mark [mailto:mrees@townofnorthandover.com]
Sent: Thursday, April 30, 2009 10:42 AM
To: Hechenbleikner, Peter
Subject: RE: BCC Appointments
Hi Peter, the way it works in North Andover, is that two Selectmen sit on the Appointments Subcommittee and
they interview, along with me, all applicants for board positions, both those boards appointed by me and those by
the Board of Selectmen. The reason why they interview my appointees is that the Board of Selectmen must
confirm my appointments. After the interviews, the three of us reach a consensus on who should fill the
openings, At the next full Board of Selectmen's meeting, the appointment subcommittee recommends to the full
board those individuals who they want to fill slots on Selectmen's boards and after I make my appointments, they
recommend to the full board that they confirm those appointments. Since this system has been in place the full
board has never voted not to appoint someone recommended by their appointments subcommittee so I would
have to say the process works pretty well. Hope this is helpful.
Mark
Mark H. Rees
Town Manager
Town of North Andover
120 Main Street
North Andover, MA 01845
email: mrees(Dtownofnorthandover,com
Phone: 978-688-9510
Fax: 978-688-9556
From: Hechenbleikner, Peter [mailto: phechenbleikner@ci. reading. ma. us]
Sent: Wednesday, April 29, 2009 11:56 AM
To: Rees, Mark
Subject: BCC Appointments
Mark - I understand that N. Andover has a process of using a Board of Selectmen subcommittee to screen
applicants for appointment to volunteer Boards, Committees, and Commissions.
Is this the case? If so, what can you tell me about how this is done and how it works. One of the concerns
among our Selectmen is that they give up some of their authority to a subcommittee to make the appointments.
Pete
6
5/22/2009
Page 1 of 5
qr '6 as
Schena, Paula
From: Hechenbleikner, Peter
Sent: Monday, May 18, 2009 2:40 PM
To: Reading - Selectmen
Cc: Schena, Paula
Subject: FW: MMA Senate Budget Alert
Attachments: MMAFiscal2010SenateLetter.pdf
I/c Board of Selectmen (c for 5-19)
From: Geoff Beckwith [mailto:gbeckwith@mma.org]
Sent: Monday, May 18, 2009 2:18 PM
To: Geoffrey Beckwith
Subject: MMA Senate Budget Alert
MMA SPECIAL BUDGET ALERT
Monday, May 18, 2009
Copy of MMA's Letter to the Senate on the Fiscal 2010
Budget is Attached to this Email
MMA Action Alert on the Senate Budget Below:
TELL THEM TO REJECT DEEP LOCAL AID CUTS IN
SENATE BUDGET
TELL THEM TO SUPPORT THE STATE SALES TAX
INCREASE
TELL THEM' TO SUPPORT MMA'S BUDGET AMENDMENTS
LISTED BELOW
TELL THEM TO REJECT BAD AMENDMENTS THAT
WOULD HURT
5/18/2009
c~ccl
Page 2 of 5
Tell Your Legislators and Local Newspapers that:
• Cities & Towns Cannot Absorb the Senate's $484 Million Municipal Aid Cut
• This is a 37% Cut in Municipal Aid, the Largest Local Aid Cut in History, Bringing Municipal Aid
Down to Levels Last Seen in the 1980s
• The Senate Budget Would Slash $79 Million from Chapter 70 School Aid and $271 Million from
Other Key Municipal Aid Programs
• The Senate Budget Would Trigger Thousands of Layoffs, Sweeping Service Cuts, Greater Reliance on
the Property Tax, and Weaken Our Economy More
• Your Senators MUST Restore Local Aid to Acceptable Levels
• Legislators Should Increase the State Sales Tax, Use Stabilization Funds, and Access Federal Stimulus
Dollars to Support Municipal Aid
• Cities and Towns Need a Real Municipal Relief Bill NOW, including Local Option Taxes, Control
Over Health Insurance Plan Design, Closing Telecom Tax Loopholes, and Fixing Charter School
Funding
CALL YOUR SENATORS TODAY
The Senate's fiscal 2010 state budget plan will be up for debate on Tuesday, May 19th. The Senate
Ways and Means proposal would inflict extraordinarily deep and harmful local aid cuts that would cause
immediate and lasting damage to cities and towns in every corner of Massachusetts. This budget would
force communities to lay off thousands of teachers, police officers, firefighters, public works employees,
librarians and other key staff. Essential services would be severely weakened, and reliance on the
regressive property tax would skyrocket. This budget would cause greater harm to the Massachusetts
economy, and make the recession last longer than necessary.
It is urgent that you contact your Senators and tell them that they must VOTE TO REVERSE THESE
CUTS AND RESTORE LOCAL AID, including INCREASING THE STATE SALES TAX, and
using state stabilization funds and federal stimulus funds. Tell your legislators to support all of the
MMA amendments listed below, and oppose any amendments that would harm local government.
In addition, It is imperative that the Legislature immediately enact A REAL MUNICIPAL RELIEF
BILL that removes health insurance decisions from collective bargaining, allows local option taxes, and
finally closes the telecommunications property tax loopholes that give the telephone company a $50
million tax break that cannot be justified in these difficult times.
URGENT NOTE: THE MUNICIPAL RELIEF COMMISSION'S DEEPLY FLAWED
LANGUAGE ON MUNICIPAL HEALTH INSURANCE HAS BEEN FILED AS AN
AMENDMENT TO THE BUDGET (Sen. Rosenberg - "Amendment Other 1 &2"). This plan would
impose binding arbitration, keeps all plan design decisions in collective bargaining, and would give an
outside, unaccountable arbitrator unilateral authority to impose costs on cities and towns. The MMA
stron2ly_opposes this plan, and it is important that you inform vour Senators that the Commission's
health provisions are worse than no reform at all, and would move cities and towns backward instead of
offering, real reform that helps.
THE FISCAL 2010 BUDGET RELEASED BY SENATE WAYS
AND MEANS WOULD:
5/18/2009
Page 3 of 5
• Cut municipal aid by $484 million below original fiscal 2009 levels
• Cut Chapter 70 school aid by $79 million
• Eliminate police career incentive (Quinn Bill) funding ($50 million)
• Eliminate sewer rate relief funding ($20 million)
• Eliminate community policing and anti-gang funding ($34 million)
• Cut $125 million from special education circuit-breaker
• Cut $31 million from regional school transportation funds
• Cut $8 million from library grants
Click Here http://www.mass.gov/legis/1 Obudget/senate/index.htm to View the Latest Senate Budget
Information and Access Your Local Aid Numbers
The reality is that this budget would deepen the fiscal crisis for cities and towns, force sweeping and
damaging cuts to public safety, education, road and bridge maintenance, libraries and other vital
services, increase reliance on property taxes, and erode the very services that support our economy.
This is a shared crisis, and cities and towns need basic levels of local aid and powerful tools to protect
their communities. This budget does not contain the local aid or municipal management tools that are
required. Local leaders call upon the Legislature to take this necessary action, and must work together
as partners to deliver essential services to the people of the Commonwealth. Unless this action*is taken,
communities will be weaker, Massachusetts will experience a longer and deeper recession, and our
economic recovery will be postponed.
The Senate will begin debating the budget on Tuesday, May 19.
PLEASE TELL YOUR SENATORS TO SUPPORT THE
FOLLOWING KEY BUDGET AMENDMENTS:
• MUNICIPAL AID: Vote to amend the budget to restore $264 million to Municipal Aid, bringing
municipal aid up to the same level as the House and Governor's budgets (this would still slash municipal
aid by $220 million below original fiscal 2009 levels) - please use Sen. Brewer's "placeholder"
amendment (LOC 62) as the basis for restoring municipal aid;
• CHAPTER 70: Amendment EDU 351 (Sen. O'Leary) to restore $79 million to Chapter 70 school aid;
• SPECIAL EDUCATION: Amendment EDU 358 (Sen. O'Leary) to restore $79.8 million in funding
for the special education circuit-breaker program, bringing the account up to $184.9 million;
• REGIONAL SCHOOL TRANSPORTATION: Amendment EDU 329 (Sens. Brewer and O'Leary)
to restore $20 million in regional school transportation funds, bringing the account up to $50.5 million;
• PILOT: Amendment GOV 135 (Sen. Rosenberg) to restore $3 million to the payment-in-lieu-of-taxes
(PILOT) program, bringing the account up to $30.3 million;
• QUINN BILL: Amendment EPS 431 (Sen. Tisei) to level fund the police career incentive pay
program at $50.2 million (still millions below full funding), and limit the program only to current
participants; and
• COMMUNITY POLICING: Amendment EPS 417 (Sen. Timilty) to restore $5.3 million to
U"
5/18/2009
Page 4 of 5
community policing.
PLEASE TELL YOUR SENATORS TO SUPPORT THE
FOLLOWING KEY REVENUE/RELIEF AMENDMENTS:
• SALES TAX INCREASE: Vote to support the vitally necessary sales tax increase and other revenues
that will be presented during the debate to limit the damaging cuts in the Senate budget, and provide a
lifeline level of municipal and state funding for essential programs;
• LOCAL-OPTION TAXES: Vote to support the extremely important local-option tax provisions
allowing for a 2% local-option sales tax on meals and an increase of up to 4% in the local room
occupancy tax (Sen. Rosenberg has sponsored language in Amendments Other 1 &2);
• TELECOM LOOPHOLES: Vote to support Amendment Other 19 (Sen. Creem) that would close the
telecom tax loopholes that are abused by telecommunications companies at the expense of local
taxpayers; and
• PENSION SCHEDULES: Amendment LOC 78 (Sen. Tarr) to extend the pension funding schedule
from 2028 to 2030, reducing the pension funding requirement for fiscal 2010, an important cost
reduction for localities.
PLEASE TELL YOUR SENATORS TO OPPOSE THE
FOLLOWING BUDGET PROVISIONS:
• SCHOOL CONSTRUCTION GRANTS: Vote to STRIKE Section 33 of the Senate Ways and
Means budget, which proposes to eliminate the state's minimum reimbursement percentage for school
building projects, currently set at 40%; and
• MUNICIPAL HEALTH INSURANCE: Vote to OPPOSE the municipal health insurance
provisions included in Amendments Other 1&2 discussed above. Municipal officials across the state
strongly oppose the Municipal Relief Commission language because the provisions would move
communities backward and they report that this change would be even worse than no reform at all. Sena
Hedlund has filed very good language (LOC 65) that would achieve real and meaningful
municipal health insurance reform by giving localities plan design flexibility while granting unions
impact bargaining power - LOC 65 is the amendment to support.
Share this information with municipal workers in your
community, and urge them to contact their Senators -
their jobs are at stake
Check the MMA website for links to the SW&M budget and
frequent updates from the MMA
Now is the time for your Senators to protect cities and L
5/18/2009
Page 5 of 5
towns!
Thank You.
Geoffrey C. Beckwith
Executive Director, Massachusetts Municipal Association
President, Massachusetts Interlocal Insurance Association
One Winthrop Square, Boston, MA 02110
tel 617-426-7272 fax 617-695-1314
web www.mma.org
EMAIL DISCLAIMER: This message is a private communication.
If you are not the intended recipient, please do not read, copy,
use, or disclose this message or any attachments to others.
Please notify the sender of the delivery error by replying to this
message, and then delete it from your system. Any unauthorized
disclosure, copying, or distribution of this message, including the
attachments, is prohibited. Email transmission may not be secure or
error free. Information could be intercepted, corrupted, lost,
destroyed, arrive late or incomplete, or contain viruses. The sender
does not accept liability for any errors or omissions in the contents of
this message that arise as a result of email transmission. Thank you.
L 1 4 51
5/18/2009
Page 1 of 1
4./C 26-5
Schena, Paula
From: Hechenbleikner, Peter
Sent: Tuesday, May 19, 2009 1:47 PM
To: Schena, Paula
Subject: FW: Alcohol License
I/c Board of Selectmen
From: Lois Bell [mailto: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
1
5/19/2009
G(P)cs
Town of Reading
Supplemental & Full MWRA Supply
Process
Peter 1. Hechenblelkner
Town Manager
Supplemental Supply
■ 1999 -Ad Hoc Water Supply Committee
a March 2001- Retained consultant for
application process
■ November 2001- Report to Town Meeting
■ September 2002 - Filed Draft Environmental
Impact Report (DEIR)
s September 2002 - Filed Water Resources
Commission (WRC) Interbasin Transfer
Application (IBTA)
Supplemental Supply (cont'd)
■ November 2002 - DEIR Certificate Issued
■ February 2003 -Board of Selectman updated
■ September 2003 - Filed Final Environmental
Impact Report (FEIN
o October 2003 - FEIR Certificate issued
® November 2003 - Town Meeting approves
supplemental supply article
~G~
Supplemental Supply (cont'd)
■ December 2004 - WRC Approved IBTA for
219 million gallons per year (mgy)
■ September 2005 - Filed formal MWRA
application for 219 mgy
■ February 2006 - 219 mgy agreement executed
by Town and MWRA
■ May 2006 - Town begins utilizing supplemental
supply
FULL MWRA SUPPLY
■ June 2006 - Town Meeting authorizes pursuit of
100% MV/RA water supply
o July 2006 -'Retained consultant for full MWRA
application process
a August 2006 - Entered into DEP
Administrative Consent Order (ACO)
conditionally allowing full supply
■ August 2006 - Filed Massachusetts
Environmental Policy Act (MEPA) Notice of
Project Change (NPC)
FULL M"WRA SUPPLY (cont'd)
® August 2006 - Filed MEPA Phase I Waiver
■ September 2006 - Town began receiving full
MWRA water supply
® September 2006 - Received Executive Office of
Environmental Affairs (EOEA) Secretary's NPC
Certificate
s October 2006 - Received MEPA Phase I
Waiver approval
L 2
FULL MWRA SUPPLY (cont'd)
® November 2006 - Filed Supplemental Final
Environmental Impact Report (SFEIR)
■ December 2006 - Filed with WRC to increase
interbasin transfer
■ July 2007 - Received WRC IBTA approval for
full MWRA membership
® October 2007 - Town and MWRA executed full
membership agreement
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2005.2009
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The main difference? Reading stopped using Its wells In 2006
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Town of Reading
Water and Sewer
Rate History
%
Effective Data
Water Change
Sewer
Total
Change
Augusl 1, 2004 1
1 $4.66
9.6-/.l
$5,35 1
$10.01 11
5.0%1
August 1, 2005
$4.78
2.61/41
$5.78 1
$10.561 1
5.5%1
September
1
1
1
1
1
1
1
2006
$5.59
16.9%
$6.06
$11.65
10.3%
December 10,
1
1
2006
$6.36 13.8%
$6.06
$12.42
6.6%
September
1
1
1
1
1
2007
$6.90 8.5%
$6.80
$13.70
10.3%
September
1
1
11
11
1
2008
$7.65 10.9%
$7.59
$15.24
11.2%
September 10,
11
1
2009
1
$7.73 1.0%
1 1
$8.02
1
$15.75
II
3.3%
1
5