The URL can be used to link to this page

Home My WebLink About2008-11-18 Board of Selectmen PacketTown Reading • Lowell Reading, FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www.readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: November 14, 2008 RE: November 18, 2008 Board of Selectmen Meeting TOWN MANAGER (781) 942 -9043 lb) Arnold Rubin will be in to let the Board know what his plans are for the Atlantic Supermarket. This will be done under public comment. 3a) We have one candidate for two available positions on the Community Planning and Development Commission. He was referred to this position by Sheila Clark from the Economic Development Committee following the Board, Committee and Commission training that took place on October 23, 2008. 4a) The Economic Development Committee will be in to review the work that they are doing under the Highlights. 4b) The continued hearing for the liquor license transfer for the Wine Shop of Reading is scheduled for 8:00 p.m. The issues that were of concern to staff as the review was done included previous violations at Joe's Smoke Shop in Quincy, Massachusetts where the proposed licensee worked. The violations, which include two sales to underage persons and one violation of lottery regulations which resulted in a suspension, all took place before the licensee was an employee and then Manager of Joe's Smoke Shop. The Chief of Police, Town Counsel and I met with the licensee and her attorney and confirmed that the licensee was not responsible for any of these activities. In addition, the home address and phone number given for the licensee in Malden were a business location. The Town staff determined that the phone is the only phone that the licensee can be reached at and the licensee lives above the establishment. Based on the above, staff has no object to the liquor license transfer. 4c) The Board of Assessors has given you extensive infonnation on tax classification. Our new Appraiser, Deborah Jackson, will be present to do the presentation. 4d) Following up on Town Meeting approval of making Baldwin Lane a public way, we will have the plans available for the Board of Selectmen to sign. 4e) There are three separate regulations to establish the parking as the Board and the residents had agreed to as part of the public process. This will formalize the situation and establish those regulations. 4f) Jason Schrieber from Nelson Nygaard will be in to give the Board of Selectmen an update on work to date on the downtown parking study. There have been two well attended public input sessions by residents and businesses, and a great deal of survey and data gathering has taken place. 4g) Please see the attached memo from special counsel regarding the Comcast contract. The proposed contract will be available just before this meeting and is still being reviewed with Comcast. If all issues have been resolved by Tuesday then it is possible that the Board would be asked to approve at that time. Alternatively, I will be asking the Board whether they are willing to meet on Thursday for only this subject. The alternative that special counsel has outlined is to do a denial of the license on Tuesday night, giving a couple weeks for Comcast and the Town to finalize the language of the license with approval potentially on the 25tH 4h) Attached is a draft agreement between the Town and RCTV for a new 10 year period beginning November 23, 2008. That is the date of expiration of their current agreement. The major changes include expansion of the Board of Directors up to 13; expansion of the Town representation to two appointed by the Board of Selectmen (from one) and one appointed by the School Committee; the ability of RCTV to pledge assets (capital) only with prior approval by the Board of Selectmen; modification of Section 7 on duties to expand the number of meetings that RCTV will cover; and a change in the School System Instruction Section 9 to give more flexibility to the School System and /or RCTV on how they can work together. I am meeting on Monday to talk about the School System Section with School Department folks and if there is not an agreement on this section then I would recommend to the Board of Selectmen that the Board extend the agreement pursuant to Section 2.1 for a period of up to six months to get the final issues resolved. Jammed W. Cormier Chief of Police 15 Union Street, Reading, Massachusetts 01867 Emergency Only: 911 All Other Calls: 781-944-1212 Fax: 781-944-2893 E-Mail: JCormier@ci.reading.ma.us November 12, 2008 Atlantic Express 210 A New Boston Street Woburn, MA 01801 Dear Sirs: I would like to take this opportunity to thank and commend your company and more specifically a driver of one of your buses, Kenneth Glew. On Monday November 10, 2008 the Humpty Dumpty School, a nursery school, located in Reading had an incident that required the school be temporarily evacuated. As a result of this emergency situation approximately 30 toddlers needed to be outside in the November weather many without jackets. While the emergency services personnel controlled the situation inside the building and made the area safe around the building, we attempted to contact some local elder/senior vans to assist in providing a safe and secure place for the children. While trying to make those arrangements, Mr. Glew happened on the scene driving one of your buses and had a conversation with Officer David Savio. Mr. Glew was accommodating and eager to assist with situation. His willingness to help, without any reservation demonstrates not only his own personal professionalism and humanity but also that of his employer, Atlantic Express. I am sure you already realize that Mr. Glew is a credit to your company and you should be proud to have "such a good person" in your employ. I would draw from this that Mr. Glew is a very positive reflection of your company overall, because he felt no hesitation to help these children in an obvious serious situation. What really speaks volumes about Mr. Glew is that at the end of the situation he thanked Officer Savio for allowing him to help. I If-( On behalf of the Reading Police Department and the Town of Reading, thank you for the assistance and the use of your bus and driver. It is at times of emergency such as these that people rise to the occasion and work together to ensure our neighbors in need get through these situations safely. Again, thank you and I am forwarding a copy of this letter to the Reading Town Manager and the Board of Selectmen. Sincerely, James W. Cormier Chief of Police cc Peter Hechenbleikner, Town Manager Board of Selectmen I ('_�: ' Janzed W. Cornier Cl"i'f of POL, 15 Union Street, Reading, Massachusetts 01867 Emergency Only: 911 All Other Calls: 781-944-1212 Fax: 781-944-2893 F—Mail: JCormier@ci.reading.ma.us November 12, 2008 Kenneth Glew Atlantic Express 210 A New Boston Street Woburn, MA 01801 Dear Mr. Glew, I would like to take this opportunity to thank and commend you. On Monday November 10, 2008 the Humpty Dumpty School, a nursery school, located* in Reading had an incident that required the school be temporarily evacuated. As a result of this emergency situation approximately 30 toddlers needed to be outside in the November weather many without jackets. While the emergency services personnel controlled the situation inside the building and made the area safe around the building, we attempted to contact some local elder/senior vans to assist in providing a safe and secure place for the children. While trying to make those arrangements, you happened on the scene and had a conversation with Officer David Savio. Officer Savio reports that you were accommodating and eager to assist with the situation. Your willingness to help, without any, reservation demonstrates your courage, professionalism and sense of humanity. Your actions on November 10, 2008 reflect well on you as a person and also on your employer for having you feel confident enough to take action without hesitation. On behalf of thc,Reading Police Department and the Town of Reading, thank you for the assistance. I think the fact that you thanked Officer Savio for being able to help speaks volumes about you personally. It is at times of emergency such as these that people rise to the occasion and work together to ensure our neighbors in need get through these situations safely. G3 Again, thank you and I am forwarding a copy of this letter to the Reading Town Manager and the Board of Selectmen. I have also sent a thank you to your company, Atlantic Express. Sincerely, James Cormier Chief of Police cc Peter Hechenbleikner, Town Manager Board of Selectmen 'I ""- Lj -7 MASSACHUSETTS MUNICIPAL ASSOCIATION 2-009 Annual -Meeting & Trade Show January 23 & 24, 2009 P Hynes Convention Center and Sheraton Boston Hotel, Boston Please fill out form completely. Name (please print or type) Title Municipality, organization or other affiliation First name or nickname for badge Guest's name (include first name or nickname for badge) Please note. "Personal guest" registration category is not for use by co-workers or associates within your community. Street address City or town State ZIP code Daytime phone number Fax number E-mail address A: Conference Pre-registration ❑ Member .................$140 ❑ Nonmember ......... $250 ❑ Student ..................$ 75 ❑ Business Partner ... $140 On-site Registration ❑ Member .................$175 ❑ Student .................$100 ❑ Nonmember ......... $315 ❑ Business Partner ... $175 Subtotal (A) $ B: Events # of Tickets Friday Dinner @ $39 per person $ Saturday Dinner @ $45 per person $ Women Elected Munic' al Officials lunch (Friday) W $25 per person $ Subtotal (B) $ Subtotal (A+B) C: Please invoice (Add $5 invoice charge) Total Due (A+B+C) (Make check or money order payable to Massar-busetts Municipal Association) Credit Card Information Please check one ❑ Master Card ❑ Visa ❑ Amex ❑ Discover Card Holder's Name , Card Holder's email Address (receipt will be emailed) Card Holder's Billing Address City State Zip Code Card # Exp Date Card Holder's Signature Please complete this form and mail it to: Annual Meeting, Massachusetts Municipal Association One Winthrop Square, 2nd floor, Boston, Massachusetts 02110; or fax to (617) 695-1314 For Office Use Only: Amount: Check #: Date: TheBoacon September 2008 Page 17 APPOINTMENTS TO BECOME EFFECTIVE NOVEMBER 10, 2008 Community Planning & Development Commission Term: 3 years AppointinV Authority: Board of Selectmen 2 Vacancies Candidates: Joseph E. Patterson *Indicates incumbents seeking reappointment Orig. Term Present Member(s) and Terms) Date Exp. Vacancy ( ) 2011 David B. Tuttle, Chairman 27 Heather Drive (06) 2011 Nicholas Safina 221 South Street (06) 2010 John Weston 10 Winthrop Ave. (07) 2010 Vacancy ( ) 2009 George Katsoufis (Associate) 9 Berkeley Street (06) 2009 Candidates: Joseph E. Patterson *Indicates incumbents seeking reappointment COMMUNITY PLANNING AND DEVELOPMENT COMMISSION Term Appointing Authority Three years Board of Selectmen Number of Members Five Members whose terms are so arranged that as nearly an equal number of terms as possible, shall expire each year Meetings Twice a month on the second and fourth Monday Authority Reading Charter — Adopted March 24, 1986 Purpose CPDC shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town. CPDC annually reports to the Town giving information regarding the physical condition of the Town and any plans or proposals known to it affecting. the resources, physical development and needs of the Town. CPDC shall have the, power to regulate the sub-division of land within the Town by the adoption of rules and regulations governing such development. CPDC shall have all of the power and duties given to Planning Boards, Boards of Survey and Industrial Development Commissions under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by Bylaw or by other Town Meeting vote. Town of Reading 16 Lowell Street Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.mams Website: www.readingma.gov TOWN MANAGER (781) 942 -9043 VOLUNTEER VACANCY TOWN OF READING COMMUNITY PLANNING & DEVELOPMENT COMMISSION One vacancy with a term expiring June 30, 2011 exists on the Community Planning and Development Commission. The purpose of the Commission is to make studies and prepare plans concerning the resources, developmental potential and needs of the Town. CPDC has the power to regulate the sub - division of land within the Town by the adoption of rules and regulations governing such development. Interested applicants should apply at the Town Clerks office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on October 20, 2008 or until the vacancy is filled. N O rn___j o :SOT --� !mil b �n n ("T'f -� a im �:Do 3 a� Town of Reading 16 Lowell Street Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www.readingma.gov TOWN MANAGER (781) 942 -9043 VOLUNTEER VACANCY TOWN OF READING COMMUNITY PLANNING & DEVELOPMENT COMMISSION One vacancy with a term expiring June 30, 2009 exists on the Community Planning & Development Commission (CPDC). The purpose of CPDC is to make studies and prepare plans concerning the resources, developmental potential and needs of the Town. CPDC shall have the power to regulate the sub - division of land within the Town by the adoption of rules and regulations governing such development. Interested applicants should apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on November 4, 2008 or until the position is filled. 0 C-,) --, N O D 0 w .c M y -o70 �::�Em G7 M v70;= cn x Cn 3 0--/ V0 Schena, Paula From: Heohonblejkner,Pnter, Sent: Wednesday, October 08, 2008 8:41 AM To: 'John Sasso' Co: Snhono'Pau|a Subject: RE: CPDCResignation John Page I of I I@0so sorry that Reading i8 losing you @s8 member of the CP[C. I have enjoyed working with you pe[SOO8lk/' and the COD101UO0n will Ol�S your hard VVO[k and insightful Vi8VV of the issues that are iDl'Ort8Oth]the cD[OnlUnU«. I80O sure the Board Uf Selectmen would be open to your offer to volunteer again for the COmnUUOitV as your Ci[cUnlSt@nce5 De[rO|t. Thanks for all of your efforts John. Pete I/C Board OfSelectmen PVstVaC@DCy From: John Sasso [noai|ho:sossoj|@onnncoot.net] Sent: Tuesday, October O7,2OO89:52Py4 To: Kowalski, Carol Cc: Hechenb|eikner,Peter Subject: CPDCResignation Cono|. It is with deep regret that I must resign from the Reading Community Planning and Development Commission. My personal and family commitments are my first priority and unfortunately at this point in time will keep me from performing my duties on the commission. I have thoroughly enjoyed working with you, planning and engineering staff, Peter, the Board of Selectman, other boards and commissions, and the community as a whole. At some point in the future I hope the town would be willing to accept my offer to volunteer again when my commitments Best Regards, John Sasso l0/8/20O8 October 17, 2008 Wt. Peter Hechenbleikner Town Manager Town Hall 16:1-oweUStzeet Reading, Massachusett's 01867 Re: CPDC Position Due 'to an ongoihgtpdrSohal' ` m8U g. Thahkyou for the opgibrttinityto.parficlpateih the CoininlWon and hopefully I will'bt. able to contribute again at some future time. Sincerely, APPLICATION FOR APPOINTMENT TO BOARDS /COADMTEES /COMMISSIONS Name:PA++e ri aVN ...JORff FJI.,)Ar' Date: /(Last) (First) (Middle) Address: n e ut Tel. (Home) j�P/. 9y2. 73 2 � Tel. (Work) 3•1�!'*O %' (is this number listed ?) Occupation: �/ /�/Cf # of years in Reading: �yrS Are you a registered voter in Reading? e-mail address: �PAf it ron g& e.ralu�av�✓ -��• GUr►'I Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee Aquatics Advisory Board _Audit Committee Board of Appeals _Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee _Celebration Committee Cities for Climate Protection _Commissioner of Trust Funds Community Planning & Development Comm. _Conservation Commission _Constable _Contributory Retirement Board _Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves _Economic Development Committee Finance Committee Historical Commission Housing Authority _Human Relations Advisory Committee _Land Bank Committee N1BTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board _Telecommunications and Technology Advisory Committee _Town Forest Committee _Trails Committee _West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: 3a:? 18 Granger Avenue Reading, MA 01867 Joseph Patterson Account Executive Home 781- 942 -7325 jpatterson@officesolutions-ma.com • Consistently complete projects on time or ahead of schedule; highly organized. • Outstanding negotiating and supervisory abilities. • Follow clients' policies and programs in order to deliver final product as required. • Excellent interpersonal and communication skills; build strong rapport with all levels, from tradesmen to executives. ■ Computer Skills: Microsoft Word, Excel and Outlook EXPERIENCE OFFICE SOLUTIONS, Mansfield, MA 2006 — Present Account Executive, 2006 — Present Handle existing major accounts along with seeking new clients. Work with clients on space planning, layout and overall design. Handle the day to day furniture and ergonomic needs of a major financial company. PAYTON CONSTRUCTION CORPORATION, Boston, MA 1996— 2006 Superintendent, 2004 — 2006 Assess job requirements, coordinate subcontractors, and arrange for adequate manpower to maintain flow of work and meet deadlines. Monitor quality control. Labor Foreman, 2001 — 2004 Oversaw laborers and monitored quality control. Laborer, 1996 — 2001 From 1995 to 1998, seasonal during school year•, from 1999 to 2001, full -time. EDUCATION / TRAINING STONEHILL COLLEGE, Easton, MA B.A., Criminal Justice, 1999 rril �iA i! -M I I G MASSACHUSETTS STATE POLICE 1998-1999 Performed administrative and field work with: Drug Task Force, Barnstable, MA Crime Prevention and Control Unit, Yarmouth, MA 3a,g GREGORY C. DEMAKIS THOMAS C. DEMAKIS SANDOR RABKIN JOSEPH H. DEVLIN* *Also Admitted in N.H. DEMAKIS LAW OFFICES, P. C. IM SEP 29 AN 9= 27 September 26, 2008 Attn: Liquor License Administrator Selectmen's Office Town of Reading Reading Town Hall Reading, MA 01 867 56 CENTRAL AVENUE LYNN, MASSACHUSETTS 01901 TEL. (781) 595 -3311 FAX (781) 592 -4990 RE: Transfer of an annual All Alcoholic Beverages Retail Package Store License to Jahnavi Riya Wine Shop, Inc. d/b /a The Wine Shop of R=- d ng, 676 Main Street, Reading, MA Dear Sir or Madam: Enclosed please find the following documents with regard to the above - referenced application for transfer of an Annual Alcoholic Beverages Package Store Liquor License: r• 1) Attorney's check payable to the ABCC in the amount of $200.00. 2) ABCC Application Forms, including: a. Form 43 ill�" b. Form 983. A o c. Form 997. •• d. All Alcoholic Beverages Package Store License Application. e. Form A. 3) Municipal Forms, if any. 4) Corporate Resolution naming Bharatiben A. Patel manager and authorizing the President, Bharatiben A. Patel, to apply for the transfer of the above- referenced liquor license. 5) Corporate Documents — copy of Articles of Organization and Amendment. 6) Sales Agreements - Copy of Asset Purchase and Sale Agreement. 7) Proof of Citizenship for the director and manager. 8) Flow Chart for financing. 9) Source of Funds — Sovereign Bank HELOC, 10) Affidavit of all persons with direct or indirect interest in the license. 11) Lease Documentation — Current Lease and Draft Assignment of Lease, to be signed at closing. Please Note: to help expedite the licensing process with the Department of Revenue, the ABCC has requested that the EIN of the current license holder (seller) be included in the "remarks" section of the Form 43. Joe /open /lic'g /patel,Bharati wine shop liquor docs qb Thank you very much for your time and cooperation. If you have any questions or need additional information, please feel free to call me at extension 105. /Jph.H. ' your ; Devlin Enclosure at law Joe /open /1ic'g /patel, Bharat i wine shop liquor dots Yb THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 101600019 Reading 9/261/1,08 License Number City/Town Date Type of Transaction (Please check all relevant transactions) New License New Officer/Director ( ) Pledge of License Transfer of License Change of Location ( ) Pledge of Stock O Change of Manager O Alter Premises O Other ) Transfer of Stock Jahnavi Rlya Wine Shop, Inc. Name of licensee FID of Licensee The Wine Shop of Read-ng Bhariatiben A. Patel D/B/A Manager 01867 676 Undn Rtrppt Read— i4A Address: Number Zip Code Annual All Alcohol package store Annual or Seasonal Category: All'Alcohol, Wine &. Malt Type: Restaurant, Club, Package Store, Inn, General on Premise, Etc. Description of Licensed.Pren-lises: Approximately 2900 sq ft Application was filed: Date & time Person to contact regarding this transaction: Advertised: 10/.07./08. , Chtorlicle Date &.Publication Abutters Notified Yes No Name: Joseph R. Devlin, Esq. Address: c/o Demakis Law Offices, P.C., 56 Central Avenue, Lynn, MA 0190 Phone #: 781-595-.-3311 Remarks: — BIN of - -- The Local Licensing Authorities M Alcoholic Beverages Control Commission Remarks: EXecutive (Director jv3 Reading TOWN OF 9/26/08 M N TO THE LICENSING BOARD Ramos, Inc. Theunder signed licensee ........................... . ........................................................................................................ . .............................. w ................... . ...... respectfully petitions for the transfer of the alcoholic beverages license now exercised by the said licensee at the following address: ....... 6.7.6-Main.- Streat.,Jfleading..24A .. OU67 ...................................................................................................................... (if present licensee Is a corporation, fill In the following paragraph) The said licensee Is a; dorporatlon duly organized under the laws of the Commonwealth of Massachusetts, and Its officers, directors and stockholders, their residences, and shares owned by each are as follows: FROM: (PLACE AN' BEFORE THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) *Dionisio Vlera ....................................................... President . same. ..................................... Treasurer same........................... ......... Clark ............................................. ......... FROM: (NAME) 14 Fairmount Ave.. Wakefield..M&.j01QAQ ................ jQ0Z ............................................... ............................ ....... (If present licensee Is an Individual or a partnership, fill In the following) {ADDRESS) (if proposed transferee Is a corporation, fill In the following paragraph) The proposed transferee Is-4 corporation *duly organized underthe laws of said Commonwealth, and Its officers, directors and stockholders, their residences, and shares owned by each are as follows: TO: (PLACE AN' BEFORE THE NAME. OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) *Bharatiben A. Patel 134R Highland.•e., Malden M& 02148 100% ........................................................ .................................................. . ............................... I .... ........................... ............................................... ........................................................................................ ........................... Treasurer .................................... ......................................................................................... ........................... Clark ........................................................ ........................................................................................ ..... e .................... TO: (If the proposed transferee Is an Individual or partnership, fill In the following paragraph) (NAME) . (ADDRESS) ...................................................... .... i ......................................................................... ......... The above named proposed transferee hereby joins In this petition for transfer of said license, and respectfully petitions the Board to grant such transfer. SIGNATURE OF LICENSEE ....... .. I .., . ......... ........................................... D-I-Qu.Ulo ... Viera...Xresident_ (If a corporation, authorized representative. If a partnership, all partners must sign) Bbarat:Lben A. Patel, SIGNATUREOF PROPOSED TRANSFEREE .... ...... ........................... .......................................................................... (if a corporation,- by its authorized representative. If a partnership, all partners must sign) President FORM 983 46y r��i� v f■�� r NNNd ..�.a• n� In ■K � v�- The Commonwealth of Massachusetts ' Alcoholic Beverages Control Commission 239 Causeway Street Boston, NU 02114 Application for Alcoholic Beverage License for Retail Sale City/Town: Reading ( ) New License ( ) New Officer /Director (x) Transfer of License. ( ) Other ( ) Transfer of Stock (specify) Section 1 Jahnavi Riya Wine Shop, Inc. Name to appear on the license: Business Name (d/b /a, if different): The Wine Shop of Reading Manager of Record: Bharatiben A. Patel FID of Licensee: Address of Premises: 676 Main St., Reading MA Zip Code: 01867 Phone number of premises: 781 944 4521 Section 2 Type of license; (check one only) ( Club (g) Package Store ( ) Veterans Club* General on Premise ( ) Restaurant ( } ( ) Other Innholder Tavern ( ) Section-3 License Category ( x) ' All Alcoholic ( ) Wine and Malt ( ) Malt Only (.) Wine Only ( ) Wine and Malt with Cordials Permit Section 4 License Class (x ). Annual ( ) Seasonal Section 5 Person (attorney if applicable) who can be contacted concerning this application Name: Joseph H. Devlin, Esq. Address: c/o Demaki.s Law Offices, P.C.. 56 Central A, :An „o T—_ IXA nI nn, Phone Number: 781- 595 -3311 (Phone) 781- 592 -4990 (Fax) 61 Section 6 Give a full description of the premises to be licensed, including location of all entrances and exits: Approximately. 2900 sq. ft. 6a. Seating Capacity: nl/la Occupancy Number: Section 7 Applicant is an: ( ) Association ( x) Corporation ( ) Individual ( ) Partnership ( ) Non - profit corporation ( ) LLC Section 8 If applicant is an individual or partnership – List for individual or each partner: Full Name Home Address DOB . SSN 8a. Is individual or all partners United States citizens? ( ) Yes ( ) No If no, specify Citizenship: 8b. Is individual or all partners involved at least twenty-one years old ?( ) Yes ( ) No Section, 9* If the applicant is a corporation, complete the following: MA Date ofState of Incorporation: Incorporation: May 16, 2008 Date qualified to do .business in. MA: same 9a. How many shares of stock are authorized: 275,000 How many shares are issued: 1000 Provide in the box the names if all officers, directors, stockholders and manager. Use * to indicate director Title Full Name Home Address DOB SSN Shares of stock owned or controlled Pres –fffid—rati-be i 134R–Hi-ghland Ave. Malden MA 02148 1117 1952 21k-21– 1541 100% Treas. same See, same Ma-n -Ramp 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representatives. L 9c. If the applicant is a corporation, answer the following questions: 1. Are the majority of directors United States citizens? ( g) Yes ( ) No 2. Are the majority of directors citizens of Massachusetts? (g) Yes { ) No' 3. Is the manager or principal representative a U.S. citizen? (g) Yes ( ) No Section 10 If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Address DOB SSN Phone Number I Ob. Attach a list of all members of the LLC. Section 11 Will there be any construction, remodeling, redecorating or building on the premises for this license ?. ( ) Yes ( X) No (If yes complete a,b, c and d) a. Give an exact description of the construction, remodeling, redecorating or building on the premises: b. What are the estimated costs: c. What is the construction schedule: d. State all sources of construction financing: Section 12 Do you own the premises? ( ) As an individual ( ) Yes ) No. If yes, please respond to the question below. ( ) Jointly Name of Realty Trust ame of Corporation ( ) Other (If you do t own the premises to be licensed, provide the following information about the owner.) goseph L. Hozoid, Trustee Name: Joseph L. Hozoid Trust Phone Number: Address: 22 E1mv3ew Terrace, Brockton MA 02301 Lib-7 l 2a. If a lease or rental, provide the following information: $ 4455 per month (month, year, etc.) Beginning date of lease 12VIII08 Ending Date of lease 11/301/12013 (plus two (2) (provide copy of the lease) (approx.) five year tenant options) FINANCIAL Section 13 What assets were purchased and cost? to be allocated prior to same Equipment: $s.l nG ;� Furniture: $ to be determined at to be al orate at Inventory: $_elos4_ License: $ closing 13a. Total Purchase Price: $ 260,000.00 13b. Identify below all sources of financing: Mortgage: $ Cash: $ ?60,000.00 Same Goodwill: $ Premise: Seller: $ Other, (specify): $ Document all sources e.g. Loanpapers, checking accounts, stock sales, etc. 13c. All other terms and conditions: see asset purchase agreement (provide purchase and sale documents) 13d. Are you seeking approval for license to be pledged: ( ) Yes (x) No If yes, to whom: 13e.. Will the inventory be pledged: ( ) Yes (x) No If yes, specify to whom: 13f. If a corporation, are you seeking approval for any corporate stock to be pledged: ( ) Yes (x) No If yes, identify to whom and identify the number of shares: OWNERSHIP INTERESTS Section 14 State the following information for all persons or entities who will have any direct or indirect beneficial or financial interest in this license: Full Name Home Address DOB SSN Phone Number Bharatiben A. Patel 134R Highland Ave., Malden MA 02148 1 -17 1-952 214 -21 1541 781- 397 -8885 4a. Describe all types of beneficial or financial interest each person or entity identified in Question 14 will have in this license: Person or entity Beneficial or financial interest Bharatiben 100X stock ownership of applicant Corp. Bharatiben A. Patel wine & malt dba Joe's Market Place, manager — salary, no ther interest 14b. Does any person or entity listed in Question 14 have any direct or indirect beneficial or financial interest in any other license granted under Chapter 138? (g) Yes ( ) No' Name T e of license License Name and Address Description of Interest --d Bharatiben A. Patel wine & malt dba Joe's Market Place, manager — salary, no ther interest 14c. Has any person or entity named in Question 14 ever held a license or a beneficial interest in a license issued under Chapter 138 which. is not presently held? ( ) Yes (g) No (If yes; provide the following for each person or entity.) . Name Type of License License Name and Address Date ownership surrendered 14d. Describe how all licenses in Question 14c were terminated (e.g. transfer of ownership, non - renewal, surrender, etc.) Date License . Reason wh fhe license was terminated 10 14e. Has any person or entity named in Question 14 ever had a license suspended, revoked or cancelled? ( ) Yes ( x) No (If yes, provide the following information) Date License Reason why the license was suspended, revoked or cancelled 14f. Has any person or entityg named in Question 14 ever been convicted of violating any state, federal or military law? ( ) Yes ( ) No 15. a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majority of the partners. C. Applications by a corporation must be signed by an officer authorized by a vote of the corporations Board of Directors. d. Applications by an association must be signed by a majority of the members if the governing body: All signers must have answered question 10. e. False information or failure to disclose are reasons to revoke a license or deny a license application. h Signed and subscribed to under the penalty of perjury, this 26tTay of Sept 20 08 By Signature of Full Name Title Bharatiben A. Patel, President 1� C4 ru f-i /� )?ke 4W yin The Commonwealth of Massachusetts ALCOHOLIC BEVERAGES CONTROL COMMISSION THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A CORPORATION C. TRANSFER OF LICENSE (RETAIL ONLY-SEC. 12 & SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) PLEASE TYPE OR PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED AND TELEPHONE. NUMBERS'PROVIDED OR APPLICATION WILL NOT BE ACCEPTED. Jahnavi Riya Wine Shop, Inc. lo LICENSEE NAME (NAME AS IT WILL APPEAR ON THE LICENSE) 2. NAME OF (PROPOSED) MANAGER Bharatiben.A. Patel -- ----- 8. SOCIAL SECURITY NUMBER 4. HOME (STREET) ADDRESS 134R Highland Avenue, Mal-den MA - 02148 5. AREA CODE AND TELEPHONE NUMBER (S): (Give both, your home telephone and a number at which you can be reached during the day). DAY TIME # HOME# 781-397-8885 6. PLACE OF BIRTH- . 7. DATE OF,BIRTH: . 8. REGISTERED VOTER: x YES NO 8A. WHERE?:—New Jersey 9. ARE YOU A U. S. CITIZEN: x YES NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE):. Newark, NJ 5/1611/194' -(Submit proof of citizenship and/or naturalization such as Voter=s Certificate, Birth Certificate or Naturalization Papers) 11. FATHER'S NAME: 3atimhbyai C. Patel 12. MOTHER'S MAIDEN NAME: Patel- 13. 0ENTU�'YOUR CR|K4|NALRECORD, UNoasaohune�u.NU|hary any other G�doorFodora� ANY OTHER ARREST QR APPEARANCE |N CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: YES x__NO ) lF YES, PLEASE DESCRIBE OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (RNE. PENALTY, ETC.) none 14. PRIOR EXPERIENCE |N THE LIQUOR INDUSTRY: x YES NO |F YES, PLEASE- DE8CFUBE: Manager of Joe's Market Place, 260 Center Street" Quincy, HA; wine and malt; October 2007 to present 15. FINANCIAL INTEREST, DIRECT (jR INDIRECT, HN THIS OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE. x . YES . NO IF YES, PLEASE DESCRIBE: 10OX stock ownership of applicant corporation and mgAager of business in question� #14~ Receives only salary for Joe's Market Place-and has no Other tinaucIdl Intere9t 1—m store. 16. EMPLOYMENT FOR THE LAST TEN YEARS (]atan. Position, Empoyac Address and Uknown, Telephone Numbers): October*2007 to present –see quest. 114 above; August 2004 to present; ownership of Highland Smoke Shop, 132 Highland Ave., Malden', M& 17. HOURS PER WEEK TU8E SPENT ONTME LICENSED PREMISES: 40 18. 1 HEREBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION | HAVE GIVEN |N THIS APPLICATION |G TRUE TO THE BEST 0FMY KNOWLEDGE AND BELIEF. BY: Bharatiben A. Patel 9/26/08 PROPOSED MANAGERISIG NATURE DATE L��,�, ��, ~_ CORPORATE RESOLUTION At a meeting of the Board of Directors of Jahnavi Riya Wine Shop, Inc., a majority of the Board of Directors being present and voting, held at 56 Central Avenue, Lynn, Massachusetts on September 2, 2008: On motion duly made and seconded, it was unanimously VOTED: To appoint Bharatiben A. Patel as its manager or principal representative, with as full authority and control of the premises described in the license of the corporation and of the conduct of the business therein relative to the sale of all alcoholic beverages as the licensee itself could in any way have exercised it as if it were a natural person, resident of the Commonwealth of Massachusetts, and that a copy of this vote duly certified by the clerk of the corporation and delivered to said manager or principal representative shall constitute the written authority required by Massachusetts General Laws Chapter 138. On motion duly made and seconded, it was unanimously VOTED: That the President, Bharatiben A. Patel, is authorized on behalf of the corporation to apply to the Licensing Board of the Town of Reading for an annual all alcoholic beverages package store license with regard to the premises at 676 Main Street, Reading, Massachusetts. A TRUE COPY ATTEST 19 ` au. ez ' Bharatiben A. Patel, Clerk Joe/open/ lic I g/patel, Bharat i wine shop liquor docs q,b O a 7 a M b H A 4 � qa C� q William Francis Galvin Secretary of the Commonwealth , J" a, o�t'Ie tom n W c_ftatc, AAase; -qoseon .,f�assaclaseees 0.200 TO WHOM IT MAY CONCERN: August 29, 2008 I hereby certify that according to the records of this office, JAHNAVI RIYA WINE SHOP, INC. is a domestic corporation organized on May 16, 2008, under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pending under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said corporation has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. Processed By; njm In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth gbtq MA SOC Filing Number: 200834169070 Date: 08/29/200.8 1:37 PM The Commonwealth of Massachusetts |ummnmm Fee: n/un.0u � VVUUarn Francis Galvin ' Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts O2\OO-\5i2 � | | (6|7)727'9040 ' '--r-- | ' . / . � 4. Date adopted: 8/29/2008 5. Approved by: X the incorporators. or the board of directors without shareholder approval and shareholder approval Was not required. or the board of directors and the shareholders in the manner required by law and the articles of organization. 6. State article number and text of the amendment. ARTICLE I . of the corporation, as amended, is: � (Oo not state Articie I if it has not been amended.) JAHNAVI RIYA WINE SHOP, INC. ARTICLE 11 The purpose of the corporation,' as amended, is to engage in the following business activities: (Do not state Article // if it has not been amended.) ARTICLE III Amendments to Article 111 cannot be filed on-line at this time If more than one class of stock is authorized, state a distinguishing designation for each class, if amended. Prior � i / ! | / | | to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of / the preferences, votingpowers, qualifications, and special or relative rights or privileges of that class and . class ' — each — other (Do not state Article /Kif it has not been amended) ARTICLE V As amended, the restrictions, if any, imposed by the articles of organization upon the transfer of shares of any class or series of stock are ARTICLE VI As amended, other lawful provisions for the conduct and regulation of the business and affairs of the business entity, for its voluntary dissolution, or for limiting, defining, or regulating the powers of the business entity, or of its directors or stockholders, or of any class of stockholders: (Do not state Article V1 if it has not been amended.) ............ . ....... The amendment shall be effective at the time and on the date approved by the Division, unless, a later effective date not more than ninety days from the date and time of filing is specified: Later Effective Date: Time: Signed by BAARATIBEN PATEL, its PRESIDENT on this 29 Day of August, 2008 2001 - 2008 Commonwealth of Massachusetts All Rights Reserved qd tq ` Town of Reading 16 Lowell Street �639'INcoR40 Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www.readingma.gov DATE: October 15, 2008 TO: Police Chief Jim Cormier / Health Administrator Larry Ramdin F/ Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942 -9043 RE: Application for Transfer of Liquor License for The Wine Shop of Reading Attached is an application for a Transfer of a Liquor License for Jahnavi Riya Wine Shop d/b /a The Wine Shop of Reading located at 676 Main Street. This application will be going before the Board of Selectmen at their meeting on October 28, 2008. Please review this material and get back to us with your comments. Thank you for your assistance. lm Attachment e qbl� LEGAL NOTICE TOWN OF READING To the Inhabitants..of the I Town of Reading: Notice is hereby given that a Public hearing will be held in..' accordance with* the Massachusetts General Laws, Chapter 369 of the Acts of:1982 on the .issue of determining a residential factor in assessing. the percentage of tax burden to be borne by-each class of.prop- erty for Fiscal Year :2009, "I"he; F�.ea.ring wi1.E:. ,e ,1- .,, or'i';: Tuesday, November 18, �D�O$ of 8.$Q ,p.m. m .the .Se1eotn7�ri''.s:.. Meeting Room, 16' Lovell` . Street, Reading; M�1. Qral' or.wn en information b °y �. int.e�res #ed parties ;:,vital :be -, reoeived by the Sel:, #Teri at the hearing: The ive'G asaes of<. ;. Property involved are;: t'en, , � ,al; :open : "space, coinme-rcral. industrial and personahproperty 7 y,, B orde.rvof . Peter I. tieuh nsleikh6r Town :Manager . �� 'L✓4 &� 11/11 . .. i. i ci FY2009 CLASSIFICATION HEARING — NOVEMBER 18,2008: LEGAL SUMMARY - SUMMARY OF G.L. CHAPTER 40, SECTION 56 AND G.L. CHAPTER 59, SECTION 5C AS IT APPLIES TO TOWNS AND G.L. CHAPTER 59, SECTION 51: The Commissioner of Revenue shall certify as to whether the Board of Assessors is assessing property at full and fair cash value. The Selectmen must annually conduct a public hearing on the issue of allocating the local property tax levy among the four classes of real property and personal property. For FY2009 the tax levy is: $49,139,191.24 In determining these percentages, the Selectmen must first adopt a residential factor. The residential factor adopted must be an amount not less than the minimum residential factor calculated by the Commissioner. A residential factor of "1" will result in the taxation of all property at'the same tax rate. A residential factor of less than "1" will result in residential property owners being taxed at a proportionately lower share of the tax'levy (lower tax rate). When adopting the residential factor, the Selectmen may select a percentage for class two (open space) that may not be less than 75% of its full and fair cash value percentage. The residential class alone absorbs the discount. The Assessors currently do not classify any parcels as open space. The third issue is the residential exemption. The Selectmen may vote an exemption of no more than 20% of the average assessed value of all class one, residential parcels, which are the principal residences of the property taxpayer. This exemption has the effect of shifting taxes from lower value owner-occupied homes and condominiums to higher value homes since the shift in .taxes is within class one. .The fourth issue is that of the small commercial exemption.The Selectmen may vote up to a 10% exemption of value on those commercial properties that had an average annual employment of 10 or fewer employees, as determined by the Department of Employment and Training, and a value of less than $1,006,000. Per FY2008 analysis this exemption could apply to 51 of the 254 commercial properties, and has the effect of increasing the taxes for those commercial properties valued $ 1,000,000 or over. The classes of properties are: Class One Residential Class Two Open Space Class Three Commercial Class Four Industrial Class Five Personal Property q c I. SET RESIDENTIAL FACTOR: 1 1 ply 01531 1 11 1 a DIN ' (1) 91.44% of Reading's property is residential (2) 8.66% of Reading's property is commercial, industrial, and personal property (CIP) (3) Most personal property bills (581 total) are paid by small businesses (4) In Fiscal Year 2009, Reading can raise a maximum of $49,139,191.24 on the tax levy, using a tax rate of $13.21 per thousand. (5) The maximum share which can be apportioned to CIP (commercial, industrial, and personal property) is 12.84 %. (6) Therefore, the minimum share at a 150% shift of the $49,139,191.24 tax levy which can be apportioned to residential is 87.16 %. (7) The minimum residential factor is the minimum residential share divided by the total percentage of 'residential property: 87.1616 91.4411 = 95.32% q Gam? FY2009 SHIFT 100 110 120 130 140 150 RES RATE 13.21 13.09 12.96 12.84 12.72 12.59 CUP RATE 13.21 14.53 15.85 17.17 18.49 19.81 For every 10% increase in taxes of the commercial/industrial and personal property classes, the residential property owners saves approximately 1% + / -. The maximum increase of 150% would save the residential taxpayer 5%. Average single family value at equal rate: $443,400 = $5,857 Average single family value at max savings (shift to 150) _ $5,582 *Median commercial value at equal rate: $477,500 = $6,308 Median commercial value at max shift (150) _ $9,459 Max saving for Average Single Family = $275 while Median Commercial at max split of 150 would pay $3,151 more. *Average commercial /industrial property value is $1,118,429 with only 40 parcels having a higher assessment so the Median comm /ind value was utilized for analysis. qGq ICLASSIFICATION SHIFTS 20.00 18.00 16.00 14.00 12.00 m 10.00 8.00 M RESIDENTIAL 6.00 O COMMERCIAL 4.00 2.00 J 0.00 100 110 120 130 140 150 Q Q U Classification Shift Z W W 15; 0 13; 0U W W FY2009 SHIFT 100 110 120 130 140 150 RES RATE 13.21 13.09 12.96 12.84 12.72 12.59 CUP RATE 13.21 14.53 15.85 17.17 18.49 19.81 For every 10% increase in taxes of the commercial/industrial and personal property classes, the residential property owners saves approximately 1% + / -. The maximum increase of 150% would save the residential taxpayer 5%. Average single family value at equal rate: $443,400 = $5,857 Average single family value at max savings (shift to 150) _ $5,582 *Median commercial value at equal rate: $477,500 = $6,308 Median commercial value at max shift (150) _ $9,459 Max saving for Average Single Family = $275 while Median Commercial at max split of 150 would pay $3,151 more. *Average commercial /industrial property value is $1,118,429 with only 40 parcels having a higher assessment so the Median comm /ind value was utilized for analysis. qGq -lip M-l"Im"19,11 YEAR TAX RATE AVG VAL AVG TAX INC 2004 12.23 391,400 $4,787 $492 2005 12.57 -4209000 $5,279 $141 2006 12.08 448,700 $5,420 $153 2007 12.07 461,700 $5,573 $123 2008 12.60 4521,100 $506 $124' 2009 13.21 443,400 $5,857 $161 With equal tax rate for residential and commercial the average increase for FY 2009 would be $161 , qc,.< 2. OPEN SPACE DISCOUNT The Board of Selectmen is required to vote on whether to tax open space at a discount even though the Town of Reading does not classify any property as open space. This, adoption is a vote to exempt up to 25% of the value of land that is defined as open space. Open space is land which is not otherwise classified and which is not taxed under Chapter, 61, 61A or 61B and land which is not held for production of income but is maintained in an open and natural condition and which contributes significantly to the benefit and enjoyment of the public. The Assessors further refine this broad definition to stipulate open space as privately owned parcels which are over an acre and are not buildable. The savings derived by granting this exemption is borne by the residential taxpayers. * ** Historically, the Board of Selectmen has not granted an open space discount. (a) The Assessors have not classified any property as open space since 1991 since there were too few parcels that could' be classified as such. (b) If the Assessors classified property as open space, only approximately 33 properties would qualify. These properties have an average assessment of $21,152, which already reflects the fact that they are unbuildable. (c) Owners of larger parcels can potentially place their property into chapter 61, 61A or 61 B. These owners would receive the benefit of a reduced tax and the Town would receive rollback taxes if it is sold for a use other than prescribed by that chapter. (d) If the Assessors did classify land as open space, and the exemption was granted, the exempted amount would be borne by the-residential class of taxpayers. (e) For FY2008, only one community, Bedford, adopted this exemption. EFFECTS OF A RESIDENTIAL EXEMPTION: (1) The Selectmen may vote an exemption for principle residences of up to 20% of the average value of all class one properties. (2) Class one properties are residential properties, including single family homes, multi - family homes, condominiums, apartments and residential vacant land. The Average Residential property value and break even point is: $427,944. (3) Adoption of a 5% exemption: $300,000 value residential property - $97.60 $400,000 value residential property - $28.60 $500,000 value residential property +$40.40 (4) Adoption of a 10% exemption: $300,000 value residential property - $187.22 $400,000 value residential property -$ 40.22 $500,000 value residential property +$106.78 (5) Adoption of a 20% exemption: $300,000 value residential property $423.04 $400,000 value residential property -$ 93.04 $500,000 value residential property +$236.96 (6) Slightly over 50% of the single family homes are assessed lower than the Average Residential property value of $427,944. (7) Usually this Exemption is enacted in communities with significantly more absentee landlords such as several Cape Cod communities and in large cities including Boston. uc'� TOWN OF READING SINGLE FAMILY HOMES - FY2009 DISTRUBUTION OF VALUES: TOTAL 6,501 TOTAL SINGLE FAMILY VALUATION AVERAGE ASSESSMENT MEDIAN VALUE 2,882,787,600 443,438 -406,100 46.19% OF THE VALUES FALL BETWEEN $382,000 AND $501,900, AND THUS NEGLIGILBY AFFECTED BY THE RESIDENTIAL EXEMPTION. VALUE RANGE QUANTITY PCT- Cum PCT. LESS THAN = 141,900 5 .05 .05 142,000 TO 201,900 3 .05 .10 202,000 TO 261,900 40 .60 .70 262,000 TO 3211900- 356 3.90 4.60 322,000 TO 381,900 1997 25.89 30.49 382,000 TO 441,900 1745 30.31 60.80 442,000 TO 484900 729 12.67 73.47 485000 TO 501,900 180 3.21- 76.68 502,000 TO 561,900 500 8.26 84.94 562,000 TO 621,900 326 5.00 89.94 622,000 TO 681,900 205 3.74 93.68 682,000 TO 741,900 168 2.42 96.10 742,000 TO 801,900 114. 1.85 97.95 802,000 TO 861 ,900 60 0.89 98.84 862,000 TO 921,900 37 0.57 99.41 922,000 AND OVER 36 0.59 100.000 TOTAL 6,501 TOTAL SINGLE FAMILY VALUATION AVERAGE ASSESSMENT MEDIAN VALUE 2,882,787,600 443,438 -406,100 46.19% OF THE VALUES FALL BETWEEN $382,000 AND $501,900, AND THUS NEGLIGILBY AFFECTED BY THE RESIDENTIAL EXEMPTION. TOWN OF READING CONDOMINIUMS FY2009 DISTRIBUTION OF VALUES VALUE RANGE QUANTITY PCT. CUM PCT. 92000 TO 150700 13 1.50 1.50 150800 TO 200300 167 19.90 21.40 200400 TO 275500 231 27.50 48.90 275600 TO 340000 .193 22.90 71.80 340100 TO 401000 100 11.90 83.70 401100 AND OVER 124 14.70 100.000 1—colm TOTAL CONDOMINIUM VALUES 255,060,400 AVERAGE CONDO VALUE 303,300 MEDIAN VALUE 273,400 ucl COMMERCIAL/INDUSTRIAL FY2009 DISTRIBUTION OF VALUES: VALUE RANGE QUANITY PCT CUM PCT LESS THAN 99,900 15 5.91 5.91 100,000 TO 199,900 14 5.51 11.42 200,000 TO 249,900 16 6.30 17.72 250,000 TO 299,900 20 7.87 25.59 300,000 TO 349,900 21 8.27 33.86 350,000 TO 399,900 18 7.09 40.95 400,000 TO 449,900 17 6.69 47.64 450,000 TO 499,900 14 5.51 53.15 500,000 TO 599,900 22 8.66 61.81 600,000 TO 699,900 13 5.12 66.93 700,000 TO 799,900 15 .5.91 72.84 800,000 TO 899,900 10 3.94 .76.78 900,000 TO 1,499,900 29 11.42 88.20 1,500,000 TO 2,999,900 17 6.69 94.89 3,000,000 TO 4,999,900 2 0.78 95.67 OVER 5,000,000 11 4.33 100.00 ucel •1 254 TOTAL C/I VALUATION AVERAGE C/I VALUATION MEDIAN VALUE RANGE $1,000 TO $22,821,300 CA MEDIAN VALUE $477,500 @ 13.21 $6,307.78 @ 19.81 $9,459.28 MAXIMUM INCREASE $3,151.50 $ 2841080,863 $ 1,118,429 $ 477,500 SINGLE FAMILY MEDIAN $406,100 @ 13.21 $5,364.58 @ 12.59 $5,112.80 MAXIMUM SAVINGS $ 251.78 TO SAVE THE MEDIAN VALUED RESIDENTIAL PROPERTY OWNER A MAXIMUM OF $251.78 THE MEDIAN VALUED COMMERCIAL/INDUSTRIAL OWNER WOULD HAVE TO PAY $3,234.66 MORE THAN WOULD OTHERWISE BE PAID UNDER ONE TAX RATE. L4 Cj C) IV. THE COMMERCIAL EXEMPTION: The Commercial Exemption is-an annual adoption of exempting up to 10% of the value of an eligible class three (commercial) parcel. This exemption extends itself to those businesses that have an average annual employment of no more than 10 people, as certified by the Commissioner of the Department of Employment and Training, and a valuation of less than one million dollars. The exemption represents a reduction in taxable value and is applied by the Assessors prior to setting the tax rate. In FY2008 only 51 out of 254 commercial properties potentially met the requirements. The effects of the commercial exemption would be to: (1) Reduce the taxes of those properties eligible. (2) Increase the taxes on those properties ineligible. (3) Increase the taxes on commercial properties over $1,000,000. (4) Given this is the fourteenth year that communities could adopt this Exemption, there is not much community experience available. Currently, there are only 6 municipalities of the 351 in Massachusetts that adopt this exemption. qGL < 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 a. public -he *aring 'on Tuesday,. November 18,'2008 at: 9:00 .p..rnf in the. Selectmen's ,Meeting Room, 16 Lowefl* Street;. Reading, f�assschusetts ;on the l?arkin.g.. Regulatioris for Gould Street: . .'A. -copy of the document. is avaii,lable in the Town Manager's Office, 16. Lowell i Street, Reading; MA from 8:30 a'M'- =:5:00 p.m., M -F and is ,attached to the hearing notice on the:website at www.reading ma.gov: All inter..ested parties: tnay appear in person, may submit. their'.comments in. writing, or by email to townmanag.er @ci.read-.. mg rna:us: By order of . Peter I: Hechenbleikner Tobin Manager 111/11 Voted TOWN OF READING The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended as follows: By adding to Article 5, Section 5.3, the following: STREET LOCATION REGULATION Gould St Northside and Southside between Ash St and 8 Gould St "No Parking Anytime" DATE OF PASSAGE TOWN CLERK OF READING TOWN CORPORATE SEAL SELECTMEN'S SIGNATURES N4?Z TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by adding to Article 5, Section 5.4.4 the following regulation (s). "PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREET Resident Parking Permit Only, 6:00 a.m. to 10:30 a.m. (Monday through Friday)" STREET Gould Street- On the southern side three spaces in front of 8 and 10 Gould St.. DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL qe- TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, Appendix A -3b is hereby amended as follows: TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE PERMIT DURING,CERTAIN HOURS ON CERTAIN STREETS 8 am to 5 PM (Monday through Friday) Chapin Avenue on the southerly side from # 15 Chapin to Elliott Street Gould Street — 16 spaces on the Northside and Southside of Gould St heading westward starting from 16 Gould St boundary line to Haven Street Haven Street — on the east side of Main Street, on the southerly side from #249 Haven to Elliott Street Lowell Street — on the westerly side from the Town Hall entrance to Woburn Street Pleasant Street — on the southerly side form Main Street to Parker Street Woburn Street — on the southerly side from Sanborn Street easterly to the driveway to the municipal parking lot. DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERIC OF READING TOWN CORPORATE SEAL Ne,K RESIPENTAL PAI (j� H T.. PAID PERMIT 12 HR PARIGNG.. `t. GRAPHIC SCALE W 20' 1O' ESC 80' (MFE2T) i Weh � 20 ri ON- BEMIS DNS. ST 25. 2O0H - 45 ASH STREET DRIVEWAY OPENMG M WST 15. 2808 - CURB MOOInCRTION JULY 25, 2008 - CURB MODHICARON NNE J0. 2.00 - CURD RELOCAR.N TOWN OF READING MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS GOULD STREET ROADWAY IMPROVEMENTS SC - 1 IN - 20 TT DATE APNL M. 2006 OM.0 W.. CAC EN. -mm Na ONSION EOwARO 0. mc—RE JP, DIRECOR ..P,W. CEOR4T: J. IMIHOUH/5. P.E 1VWN ENGwEIIi aI8 - - REMOVE STACK - I FJOSR G t VGC gYlY 9115 1+ECr..,- REMOVE HIOCK WALL Pfi}gN T0� W AT PPOPERN UNE _ - U'R(Wq� '9.;,. £ SHRU6 REUOVE HIT. EERY _ PROP. RUNOFF 60.51N ADA w TE, RESET EXISTING Ttx ': REMOVE ANO STA gVE. Rai EASRNG W/ NEW VGC TO D.. flELOCATE F3ECTRIPR REPWCE - Fi LONVRti CB BY ol.ERS T. BERM iY UNE PEYOVE TREE i - .. Tay' 20'65'3' .. ..._ ..' .., �... '��... 21Wac<i - ... .. -..e -. -:_.. A - 21' LTOOAM k 5 ®'AREA' RETAINWC - _.... 6 Wo:- T7 ..... .. 28 �TTkc ,CES�'T ItF y� . WALL - .: ... IS" 2cr P NG 8f ', -.. .... -- ;PMDEN1 i0R 9 OW PPOP. TREE STREET ONLYypiT NET =� . .:•. • (2 VACESj ...... _. _- .... e _ -- ....... PROP. TREE (J) PROP. BUNDLE &\9 N C.BgG CH 10 DYN iw� BY RESIPENTAL PAI (j� H T.. PAID PERMIT 12 HR PARIGNG.. `t. GRAPHIC SCALE W 20' 1O' ESC 80' (MFE2T) i Weh � 20 ri ON- BEMIS DNS. ST 25. 2O0H - 45 ASH STREET DRIVEWAY OPENMG M WST 15. 2808 - CURB MOOInCRTION JULY 25, 2008 - CURB MODHICARON NNE J0. 2.00 - CURD RELOCAR.N TOWN OF READING MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS GOULD STREET ROADWAY IMPROVEMENTS SC - 1 IN - 20 TT DATE APNL M. 2006 OM.0 W.. CAC EN. -mm Na ONSION EOwARO 0. mc—RE JP, DIRECOR ..P,W. CEOR4T: J. IMIHOUH/5. P.E 1VWN ENGwEIIi I -dOd PJOqBJ 81.1919A9.1 4.uwLuw"Au4J I I , w.Ldn @09 LS @AH3AV 1lmqe6ei zosimn AMAV-09-008-1, op sues ap ui e ojn4:)e4 el q zoildaH wo:)-Aj9Ae-Awm GALLO MATTEO TRUSTEE READING SAVINGS BANK OCEAN VIEW NOMINEE TRUST 123 HAVEN ST 376 NORTH ST READING, MA 01867 BOSTON, MA 02113 WETZLER RICHARD E FISCHER ANGELA G LUCINDA L DAMON-BACH 45 ASH ST 9-11 GOULD ST READING, MA 01867 READING, MA 01867 MORIN DONNA M CAPOBLkNCO TONY R 10 GOULD ST AMANDA C CAPOBLkNCO READING, MA 01867 8 GOULD ST* READING, MA 01867 RUCKER CLIFFORD L COLOMBO ROBERT G C & M REALTY TRUST COLOMBO, O'LEARY TRUST PO BOX 4051 70 HAVEN ST PEABODY, MA 01961 READING, MA 01867 GREGORIO PHILIP J CARLSON RICHARD W TR 57 RUSTIC LANE HAVEN ST. REALTY TRUST READING, MA 01867 51 HAVEN ST READING, MA 01867 GIACALONE STEVEN HAVEN ATLANTIC LLC 8 BOULDER DR 30 HAVEN ST BURLINGTON, MA 01803 READING, MA 01867 T w1s6p3 dn-dOd asodxe ==. jaded P891 ®0965 01 Bull Buole puas 09Ls @)AU3Atf son= v TAORMINA JOYCE 7 GOULD STE READING, MA 01867 DWYER WAYNE M KATHLEEN SHALE-DWYER 61 ASH ST READING, MA 01867 CAIN KENNETH J ETAL TRS CAIN REALTY TRUST 16 GOULD ST READING, MA 01867 KILEY ROBERT J 34 GOULD ST. REALTY TRUST 34 GOULD ST READING, MA 01867 NATSIS STAVROS EKATERINI NATSIS 27 WAINWRIGHT ROAD WINCHESTER, MA 01890 LJH LINDEN STREET LLC 21 ANGLEWOOD LN NORTH READING, MA 01 00965 aleldwo.L @foaw asn S194121 0199d Aseil November 14, 2008 Mr. Peter I. Hechenbleilmer Town Manager Reading Town Hall 16 Lowell Street Reading, Massachusetts 01867 Re: Comcast Cable Renewal License Process Dear Pete: As discussed, I will be forwarding to you before Monday, a draft Cable Television Renewal License for your review, and our meeting scheduled for this Monday, November 17th at 11:30 a.m. After that review, I propose sending the draft Renewal License to Jane Lyman, Comcast's Manager of Government Affairs. (At the same time, electronic and /or paper copies of the draft Renewal License should be sent to the members of the Board of Selectmen.) If you and the Board of Selectmen are open to the possibility of the Board meeting on Thursday, November 201h to consider approving a Renewal License for Comcast, the Board need not issue a Preliminary Denial of Comcast's license renewal at its meeting on Tuesday, November 18th. If the Board decides it does not want to meet on Thursday, November 201h, the Board should vote on the Preliminary Denial motion at its meeting on Tuesday. If the Board agrees to meet on Thursday, November 20h, the Board of Selectmen will at that meeting either approve the License Renewal agreement (if finalized at that time), or otherwise vote to Preliminarily Deny Comcast's cable renewal. This would simply be a motion, and it would be made clear that the action is being taken because of the legal requirement to act on the Comcast proposal at this time, and that the parties are continuing, in good faith, to negotiate a 10 -year Renewal License, The Board would then have fourteen (14) days under the Regulations of the Cable Division to issue its "Written Statement" regarding the Preliminary Denial. (This time period could, if necessary, be extended by the Cable Division upon a motion, preferable assented to by Comcast, if the qq I parties were not . then quite done with the final License document. For a number of reasons, I would not expect such an extension to be requested by the Town.) In either event, I will speak with Ms. Lyman no later than the morning of Wednesday, November 19th to try to finalize all terms of the Renewal License. If needed, we have agreed to meet with Jane at your office on that Wednesday afternoon, to try to address any final issues. I have forwarded for your review, a draft motion for Preliminary Denial in the event it is .required. As stated above, I will be forwarding the draft Renewal License before Monday morning. Please feel free to contact me if you have any questions or would like to discuss any aspect of this matter further. Thank you. Sincerely, William H. Solomon Special Cable Counsel Enclosure NOV-14-2008 FRI 03:18 PM FAX NO. P. 03 . TOWN OF RE' ADING 1130ARD OF SELECTMEN AS CABLE TELEVISION LICENSING ISSUING AUTHORITY Preliminary Assessment That The Cable Television Renewal License . of Comeast of Massachusetts 1, Inc. Should Not Be Renewed Pursuant to Section 626(c) of the Cable Act (November _, 2008) The Board of Selectmen of the, Town of Reading, as Cable Television licensing "Issuing Authority" (franchising authority), hereby issues a preliminary assessment that the cable franchise of Conicast of Massachusetts 1, Inc. should not be renewed on the grounds that: (i) the operator does not have the financial, legal and technical ability to provide the services, facilities, and equipment as sot forth in the operator's proposal; and (ii) the cable operator's proposal is Mt reasonable to meet the fixture cable - related community needs and interests, taking into accotuit the cost of meetiag'such needs and interests. The Board of Selectmen will issue a "writtea statenieut detailing the reasons for this preliminary denial" within fomteen (14) days of this Preliminary Denial, in. accordance with 207 CMIZ 3.06(3) OT such other later date as may be authorized by the Cable Division of the Commonwealth of Massachusetts. �ZIW!ID VMINPU��&. �11 TOWN OF READING Dated: November 2008 Approved as to legal form; Special Cable Co-Lmsol AGREEMENT BETWEEN THE TOWN OF READING AND RCTV, DESIGNATING RCTV AS THE COMMUNITY ACCESS CORPORATION This agreement dated this _ day of November, 2008, by and between the Town of Reading with it's offices at Town Hall, 16 Lowell Street, Reading Massachusetts (the "Town "), and RCTV ,, through it's Board of Directors, with it's offices at 224 Ash Street, Reading Massachusetts ( "RCTV "), who agree as follows: In consideration of the mutual promises and covenants set forth herein, the parties agree as follows: Desil4nation of Community Access Corporation RCTV is hereby designated by the Town as Reading's Community Access Corporation.. By virtue of this agreement RCTV is the designated P.E.G. (Public, Education, and Government) Access Corporation for the Town of Reading, MA. 2 Agreement Period 2.1. Agreement Period- The Agreement period between the Town and RCTV shall expire on November 23, 2018, coterminous with the expiration of the franchise agreement between the Town of Reading and Comcast or it's successors and assigns. Following it's expiration, the Agreement may be extended at the sole option of the Town for a period of up to six months after the expiration of the franchise agreement with Comcast, under the same terms and conditions of this initial Agreement or such terms and conditions as mutually agreed upon. During the six -month period of extension, the Agreement may be terminated by the Town at any time with thirty (30) days notice to RCTV. If funding from Comcast or its successors and assigns is decreased, service may be diminished. 3 Performance Review 3.1. Performance Review - No earlier than Jan. 1St and no later than March 1st of each year an annual review of RCTV's technical performance will be conducted by the Reading Telecommunications and Techlzology Advisory Committee ( "TTAC ") or its successor. The results of this evaluation shall be presented by TTAC at a joint meeting of the Reading Board of Selectmen and the RCTV Board of Directors. The performance of RCTV will be measured using conformance with respect to all aspects of this Agreement, accomplishment of prior year's goals, and establishment of goals for the next year. A written report of the review shall be completed within sixty days of the completion of the review, and will be filed with the Town Clerk's office. 3.2. If RCTV is in material breach of the terms of this Agreement and the service level agreement, the Board of Selectmen may remove RCTV as the designated P.E.G. (Public, Education, and Government) Access Corporation. DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/22/0511/1412008 qh 4 Budtet and Audit 4.1 Budget - RCTV's budget shall be made available to the Board of Selectmen within 15 days of the beginning of RCTV's Fiscal Year (November 1), and the audited fiscal report of the access corporation will be made available to the Board of Selectmen when completed but no later than January 31 following the end of the fiscal year. Reasonable requests by the Town for further financial information will be complied with on a timely basis. 5 RCTV Board of Directors 5.1. Bylaws RCTV will, in accordance with its duly adopted bylaws, establish the membership and a qualification of it's Board of Directors. Said bylaws shall not permit a Board of Directors in excess of 13 in number. The Bylaws addressing Board of Director's membership shall include language providing for Town representation as hereinafter provided. 5.2. Town representation on RCTV Board — The Town shall have full membership on the RCTV Board of Directors as provided below: • The Board of Selectmen shall appoint two members, and • the School Committee shall appoint one member. If, within 30 days of the vacancy the School Committee has not appointed it's member, then the Board of Selectmen shall appoint that member also. All members appointed - as Town Representatives shall be frill voting members and shall have all of the rights of all other members of the RCTV Board of Directors. 5.3. Removal of Town member of RCTV Board - The appointing authority (Board of Selectmen or School Committee) shall have removal authority over its appointees to the RCTV Board of Directors. If the RCTV Board of Directors has concerns about a Town appointee to the RCTV Board, it will notify the appointing authority of such concerns. At no time may an election to the RCTV Board of Directors result in a majority of the RCTV Board of Directors being non - residents of the Town of Reading, MA. 5.4. Meeting with the Board of Selectmen When requested to do so by the Board of Selectmen, and upon reasonable notice, the RCTV Board shall meet with the Board of Selectmen to discuss any matters of mutual concern regarding Cable TV issues in the community. 6 Assets 6.1. Assets from Comeast et al. All assets of RCTV are the property of RCTV. Notwithstanding this statement, assets acquired by RCTV through funding from the Town's cable television franchisee(s), including Comcast and its predecessors, successors , and/or assigns, pursuant to the Town's cable television franchise agreement(s), shall not be pledged to any creditor as an asset of RCTV or used as collateral to secure any debt authorization incurred by RCTV or to be incurred by RCTV, without the prior approval of the Board of Selectmen. RCTV may trade -in capital equipment in order to upgrade such equipment in order to fulfill its duties under this Agreement, as well as its corporate purposes. DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/241011/14/2008 6.2. Separate accounting of assets. RCTV shall keep accounting for such assets acquired as described in section 6.1 of this Agreement separate from assets acquired from other sources. A listing of the assets segregated as described above shall be submitted to the Board of Selectmen at the same time as the annual operating budget is submitted. 6.3 Assets acquired through donation. Any assets acquired by RCTV through donation or otherwise from sources other than through the cable TV franchisee(s) as outlined above, are not subject to the prohibitions in paragraph 6.1. Further, if upon the donation of assets another method of disposition other than that outlined in paragraph 6.4. is specified, then such method of disposition shall control. 6.4. Disposition of assets. RCTV shall include in it's bylaws language that provides that upon termination (including expiration of this Agreement) of the agreement between the Town and RCTV, or upon dissolution of RCTV for whatever reason, that all assets remaining under the control of the RCTV Board of Directors shall be assigned to a successor community access corporation designated by the Board of Selectmen, in accordance with existing laws of the Commonwealth of Massachusetts. In absence of such a designated community access corporation, within 1 month of termination and/or dissolution, the assets will become the property of the Town. 7 Duty of RCTV to Televise Meetings 7.1. Requirement for coverage. RCTV shall cover live when technically possible a core group of meetings as follows: Reading Board of Selectmen, Reading School Committee, and Reading Town Meeting. Additionally, RCTV shall cover the following supplemental meetings live when technically possible: Reading Municipal Light Board, Community Planning and Development Commission, Finance Committee, Zoning Board of Appeals, and Conservation Commission. The Board of Selectmen may amend this list of supplemental meetings as circumstances may warrant during the life of this agreement, so long as the total number of meetings is not less than the supplemental meetings noted above, and so long as the core meetings continue to be broadcast live. Other requested government meetings shall be taped with support of sponsors, to cover costs. 7_2. The Town of Reading shall inform RCTV in advance of all meeting schedules for the bodies identified in paragraph 7.1 in writing. 7.3. Reservation or checkout of equipment for events covered by volunteers will be on a first -come, first- served basis. 8 Town's Obligations 8_l. The Town of Reading shall have the following obligations to RCTV for the term of this Agreement: 8.1.1. Money designated in the Cable franchise agreement(s) for local access, net of the cost of negotiation and/or renewal of franchise agreements, will be delivered to RCTV in the most expeditious manner possible. DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/-23105 11/14/2008 3 �� 8.1.2. The Board of Selectmen will provide feedback from the annual review in writing, as provided in section 3.1 of this agreement. 8.1.3. The Board of Selectmen, the Town Manager, T -TAC, and other designated agents of the Town, will provide timely notification of issues or problems as they arise, so that RCTV may address these issues or problems prior to their annual performance evaluation. 8.1.4. The Board of Selectmen will provide RCTV advocacy with the cable provider(s), on issues related to the community access corporation. 8.1.5. The Town of Reading will provide RCTV with necessary information on government meetings and bulletin board communication in writing in a timely manner. 8.1.6. The Town of Reading may require live coverage only where there is Wide Area Network (WAN) availability. 8.1.7. The Board of Selectmen will pursue additional funding for RCTV on a best -effort basis. 9 Training and Instruction 9.1. Studio Training. Each quarter RCTV shall offer and run not less than one PEG Access orientation course for training members and the public in basic TV production. Said course is a pre- requisite of all other courses. In addition, at a minimum RCTV shall offer and run each quarter, in addition to the PEG Access Orientation course, training courses in the areas of camera operation, lighting, sound production, editing, directing, on -air talent, television production, and others as needed. A minimum of two of these courses shall be offered each quarter. If more than three courses as specified herein are requested by the members or the public, and the classes can be adequately populated (more than two individuals), RCTV shall make a good faith effort to provide this additional training. 9.2 School System Instruction. Separate from training as required in paragraph 9. 1, RCTV will provide to the Reading School Department additional classroom quality instruction either during a school class schedule, or on a before or after school basis. The level of effort by RCTV to provide this instruction will be roughly equivalent to the level of effort that would be required to provide a .regular class schedule at Reading Memorial High School for the full academic year. The details of providing classroom space, equipment, and instruction will be left to the mutual agreement of RCTV and the Reading School Department. If there is no agreement, then the Town will be the final arbiter to settle any disagreement 10 Law and Copyright RCTV shall abide by all applicable laws, rules, and regulations of the United States of America, the Commonwealth of Massachusetts, and the Town of Reading, including those related to copyright law. The parties recognize that RCTV has the obligation to broadcast programming that is not produced by DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/n /05 11/1412008 a RCTV. Therefore, RCTV shall not be held responsible for violations of copyright law for programming that it has not produced. 11 Duty to broadcast All shows produced at RCTV shall be allowed to be shown on a local cable channel at least once. 12 Insurance 12.1 Proof of Insurance. Prior to the commencement of any work activity, RCTV shall submit to the Town Manager of the Town of Reading certificates of insurance clearly stating that the insurance policies required in the following paragraphs have been issued to RCTV. The certificate must be in a standard insurance form by a company licensed to do business in the Commonwealth of Massachusetts, and shall be in a form satisfactory to the Town Manager . For the duration of this contract, evidence of such coverage shall be filed with the Town Manager. Liability policies shall name, in addition to any other, the Town as an additional insured. 12.2 Workers Compensation. RCTV shall,' g the eefArae: provide insurance for the payment of compensation, and the furnishing of other benefits, as required by Massachusetts General Laws chapter 152 to all persons employed under the contract, and shall continue such insurance in force and effect during the term thereof. Statutory limits shall apply. For the duration of this contract, evidence of such coverage shall be filed with the Town Manager., 12.3 Comprehensive General Liability Insurance. RCTV shall carry Public Liability Insurance with an insurance company satisfactory to the Town so as to save the Town harmless from any and all claims for damages arising out of bodily injury or destruction of property caused by accident resulting from the use of implements, equipment or labor used in the performance of this agreement or from any neglect, default or omission or want of proper care or misconduct on the part of RCTV, its employees, agents or subcontractors in its employ during the execution of the work. For the duration of this contract, evidence of such coverage shall be filed with the Town Manager. Minimum coverage shall be as follows: 12.3.1 Liability for bodily injury including accidental death: The following minimum limits shall apply: $500,000 for any one person. Subject to the limit for each person. $1,000,000 on account of one accident. 12.3.2 Liability for propeM damage. The following minimum limits shall apply: $1,000,000 on account of any one accident $1,000,000 on account of all accidents. 12.3.3 Automobile Liability Insurance. In the event that RCTV owns or leases a vehicle, it shall procure and maintain, during the life of this contract, Comprehensive Automobile Liability Insurance, including all owned, non - owned, and hired automobiles, covering bodily injury, including accidental DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/22/0511/14/200 5 �'+ death, with limits of $1,000,000 per person, $1,000,000 per occurrence and property damage insurance with limits of $1,000,000 per occurrence. 12.4 Notice of Cancellation RCTV shall not cancel, change or revise any insurance relating to this contract without at least 30 days prior written notice to the Town Manager. Prior to the effective date of such cancellation, RCTV shall take out new insurance to cover the policies so canceled and shall provide certificates stating that such insurance is in effect. 12,5 The Town shall be named as the loss payee for all damaged or lost equipment that is owned by the Town of Reading. 13 Indemnification 13.1 RCTV agrees to save, defend, indemnify and hold harmless the Town of Reading against any and all suits, claims, or liabilities of every name, nature or description arising out of or in consequence of the acts of its agents, servants or employees, in the performance of the obligations under this Agreement or by reason of its failure to fully comply with the terms of this Agreement, such indemnity to nut to the Town's officers, agents and employees. RCTV is at all times an independent contractor and not an agent or employee of the Town. No act of commission or omission by either party shall make the other a principal, agent, joint venture, partner or employee of the other. 13.2 Subject to the limitations of Massachusetts General Laws Chapter 258 and any other legal limitation, the Town will hold RCTV harmless and will indemnify RCTV against any loss, claim, damage or liability arising out of or resulting from w the acts of the Ton's agents, servants, or employees in performance of its obligations under this agreement. 14 Non - assignment 14.1 Neither this Agreement nor any interest herein shall be assigned, transferred, or sub - contracted by RCTV, except as expressly authorized in writing by the Town through its Board of Selectmen, which consent may be withheld in the sole and absolute discretion of the Town. Dated this _ day of November, 2008 For the Board of Selectmen for RCTV Town Manager President DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 41:2:2/09 11/14/200 / / 6 7 A l� \ " , -- Ljup AGREEMENT BETWEEN THE TOWN OF READING AND RCTV, DESIGNATING RCTV AS THE COMMUNITY ACCESS CORPORATION This ,agreement dated this�day of November, 2008, by and between the Town of -- Deleted: Reading with it's offices at Town Hall, 16 Lowell Street, Reading Massachusetts (the Deleted: ^ Ar —� "Town "), and RCTV , through it's Board of Directors, with it's offices at 224 Ash Formatted: Font: Not Bold Street, Reading Massachusetts ( "RCTV "), who agree as follows: In consideration of the mutual promises and covenants set forth herein, the parties agree as follows: Designation of Community Access Corporation RCTV is hereby designated by the Town as Reading's Community Access Corporation.. By ,virtue of this agreement RCTV is the designated P.E.G. .. -- Deleted: -------- - - - - -- - ------------------ - - - - - - -- - - - (Public, Education, and Government) Access Corporation for the Town of Reading, MA. Agreement Period —� 2.1. Agreement Period - The Agreement period between the Town Gild _,. -- Deleted :Reading RCTV shall expire on November 23, 2018, coterminous with the expiration of Formatted: Strike through the franchise agreement between the Town of Reading' and Comcast or it's Formatted: Font: Not Bold successors and assigns. Following it's expiration, the Agreement may be extended at the sole option of the Town for a period of up to six months after the expiration of the franchise agreement with Comcast, under the same terms and conditions of this initial Agreement or such terms and conditions as mutually agreed upon. During the six -month period of extension, the Agreement may be terminated by the Town at any time with thirty (30) days notice to RCTV. If funding from Comcast or its successors and assigns is decreased, service may be diminished. 3 Performance Review 3.1. Performance Review - No earlier than Jan. I" and no later than March 1st of each year, an annual review of RCTV 's technical perfolmance__will be ,. -- Deleted:, conducted by the Reading Telecommunications and Technology Advisory Committee (`°TTAC ") or its successor. The results of this evaluation shall be presented by TTAC at a joint meeting of the Reading Board of Selectmen and the RCTV Board of Directors. The performance of RCTV will be measured using conformance with respect to all aspects of this Agreement, accomplishment of prior year's goals, and establishment of goals for the next year. A written report of the review shall be completed within sixty days of the completion of the review, and will be tiled with the Town Clerk's office. 3.2. If�RCTV is in material breach of the terms of this Agreement and the Deleted: oocio (bontCommn ry ni .... ..,..........a_ ...a ...................... _... _...... . -. service level agreement, the Board of Selectmen may remove RCTV as the Deietea: ) designated P.E.G. (Public, Education, and Government) Access Corporation. Deleted: lull /zoos DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/2V/05 11/14/200$ - -... _------- ----- ----- --- -- - ---------- ------ --- - -- _.- -- ---- ------- A � 4 Budget and Audit 4.1 Budget - RCTV's budget shall be m ade available to the Board ---- of (Deleted: Selectmen within 15 days of the beginning of RCTV's Fiscal Year (November 1), and the audited fiscal report of the access corporation will be made available to the Board of Selectmen when completed but no later than January 31 following the end of the fiscal year. Reasonable requests by the Town for further financial information will be complied with on a timely basis. 5 RCTV Board of Directors 5.1. Bylaws RCTV will, in accordance with its duly adopted bylaws, establish the membership and a qualification of it's Board of Directors. Said —� bylaws shall not permit a Board of Directors in excess of in number. The, Deletes: ,13 Bylaws addressing Board of Director's membership shall include language providing for Town representation as hereinafter provided. 5.2. Town representation on RCTV Board — The Town shall have full membership on the RCTV Board of Directors as provided below: • The Board of Selectmen shall appoint pyo members, and -- .-- ___---- ____ _.-- ...---- Deleted: one • the School Committee shall appoint one member. If, within 30 days of the vacancy the School Committee has not appointed it's member, then the Board of Selectmen shall appoint that member also. All members appointed as Town Representatives shall be fnQ Voting _. -- Deleted: iy members and shall have all of the rights of all other members of the RCTV Board of Directors. 5.3. Removal of Town member of RCTV Board - The appointing authority (Board of Selectmen or School Committee) shall have removal authority over its appointees to the RCTV Board of Directors. If the RCTV Board of Directors ------ - - -- - - - - -- - - - - -- --- - - - - -- -- - - - - -- - -- -- - -- -- - - -- Formatted: Font: Not Bold - has concerns about a Town appointee to the RCTV Board, it will notify the appointing authority of such concerns. At no time may an election to the RCTV Board of Directors result in a majority of+ — Formatted: Indent: First Tine: o" the RCTV Board of Directors being non - residents of the Town of Reading, MA, 5.4. Meeting with the Board of Selectmen When requested to do so by the Board of Selectmen, and upon reasonable notice, the RCTV Board shall meet with the Board of Selectmen to discuss any matters of mutual concern regarding Cable TV issues in the community. Assets 6.1. Assets from Comcast et al. All assets of RCTV are the property of RCTV. Notwithstanding this statement, assets acquired by RCTV through funding from the Town's cable television franchisee,(s), including Comcast and its .... Formatted: Font: Not Bold predecessors, successors , and/or assigns, pursuant to the T'own's cable television franchise agreement(s), shall not be pledged to any creditor as an asset of RCTV or used as collateral to secure any debt authorization incurred by RCTV or to be incurred by RCTV, `without the -prior approval of the Board of ...- Formatted: Font: Not Bold Selectmen. RCTV may trade -in capital equipment in order to upgrade such ,(Deleted: 11/11/2008 DRAFT AGREEMENT BETWEEN THE TOWN Or READING AND RCTV RE COMMUNITY ACCESS CORPORATION 44=5 11/14/200 . - ....... . ..... - - ---- - -- - ------- -- ----- ------ - --- O'K equipment in order to fulfill its duties trader this Agreement, as well as its corporate purposes. 6.2. Separate accounting of assets. RCTV shall keep accounting for such assets acquired as described in section 6.1 of this Agreement separate from assets acquired from other sources. A listing of the assets segregated as described above shall be submitted to the Board of Selectmen at the same time as the annual operating budget is submitted. 6.3 Assets acquired through donation. Any assets acquired by RCTV through donation or otherwise from sources other than through the cable TV franchisees) as outlined above, are not subject to the prohibitions in paragraph 6.1. Further, if upon the donation of assets another method of disposition other than that outlined in paragraph 6.4. is specified, then such method of disposition shall control. 6.4. Disposition of assets. RCTV shall include in it's bylaws language that provides that upon termination (including expiration of this Agreement) of the agreement between the Town and RCTV, or upon dissolution of RCTV for .. -- Deleted: ofRcading -� whatever reason, that all assets remaining under the control of the RCTV Board of Directors shall be assigned to a successor community access corporation designated by the Board of Selectmen, in accordance with existing laws of the Commonwealth of Massachusetts. In absence of such a designated community access corporation, within 1 month of termination and /or dissolution, the assets will become the property of the Town, Deletes: ofRcadins Duty of RCTV to Televise Meetings 7.1. Requirement for coverage. R CTV shall cover live when technically - - -------------- - - - - -- ----- --- ---- ---------------- - __ -- Deleted: At- a-n,En rnurn; - -- possible p core group of meetings as follows: Reading Board of Selectmen,--,------ Deleted: all Reading School Commmitte-e, and Reading Town Meeting. �iddrtionally, RCTV a_l! - -. '- Formatted: Font: Not Bold shall cover the following supplemental meetings live _when - technically Formatted: Font: Not Bold possible: Reading Municipal Light Board, Community Planning and Formatted: Font: Not Bold —� Development Commission, Finance Committee, Zoning Board of Appeals, and Conservation Commission. The Board of Selectmen may amend this is list -. -- Formatted: Font: Not Bold of supplemental meetings as circumstances may warrant during the life of this agreement, so long as the total number of meetings is not less than the supplemental meetings noted above, and so long as the core meetings continue to be broadcast live. Other requested government meetings shall be taped with support of sponsors, to cover costs. 7.2. The Town of Reading shall inform RCTV ji advance of all meeting ,__. -----------....- - - - - -- - -- Deleted: saven-days schedules for the bodies identified in paragraph 7.1 in writing. Formatted: Strikethrough 7.3. Reservation or checkout of equipment for events covered by volunteers will be on a first -come, first -served basis. 8 Town's Obligations 8_l. The Town of Reading shall have the following obligations to RCTV for the term of this Agreement: DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 442/05 11/14/2008 – - - - - -- ------ ----- ------- Deleted:ll /11/2008 I �hq 8.1.1. Money designated in the Cable franchise agreement(s) for local access, net of the cost of negotiation and/or renewal of franchise agreements, - will be delivered to RCTV in the most expeditious manner possible. 8.1,2. The Board of Selectmen will provide feedback from the annual review in writing, as provided in section 3.1 of this agreement. 8.1.3. The Board of Selectmen, the Town Manager, T-TAC, a.nd . ... other - - -- ...... designated agents of the Town, will provide timely notification of issues or problems as they arise, so that RCTV may address these issues or problems prior to their annual performance evaluation. 8.1.4. The Board of Selectmen will provide RCTV advocacy with the cable providerfs), on issues related to the community access corporation. 8.1.5. The Town of Reading will provide RCTV with necessary infbimation on government meetings and bulletin board communication in writing in a timely mariner. 8.1.6. The Town of Reading may require live coverage only where there is e Wide Area Network (WAN) availability_ _ ----------------- - - - --' 8.1.7. The Board of Selectmen will pursue additional funding for RCTV on a best -effort basis. Training and Instruction 9.1. Studio Training. Each quarter RCTV shall offer and run not less than i one YEG Access,prientation course for training members and the public in basic_ j TV production. Said course is a pre - requisite of all other courses. In addition, at a +I minimum RCTV shall offer and run each quarter, in addition to the T_EG Access f Orientation course, training courses in the areas of camera operation, lighting, sound production, editing, directing, on -air talent, television production, and others as needed. A minimum of two of these courses shall be offered each quarter. If more than three courses as specified herein are requested by the members or the public, and the classes can be adequately populated (more than two individuals), RCTV shall make a good faith effort to provide this additional training. 9.2 School System Instruction. Separate from training as required in paragraph 9.1, RCTV will provide to the Reading School Department additional classroom quality instruction either during a school class schedule, or on a before or after school basis. The level of effort by RCTV to provide this instruction will be roughly equivalent to the level of effort that would be required to provide a regular class schedule at Reading Memorial High School for the full academic year. The details of providing classroom space, equipment, and instruction will be left to the mutual agreement of RCTV and the Reading School Department. If there is no agreement, then the Town will be the final arbiter to settle any disagreement; 10 Law and Copyright RCTV shall abide by all applicable laws, rules, and regulations of the United States of America, the Commonwealth of Massachusetts, and the Town of DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 41?2M511/14 /200 -- - -_ -_.- 4 Deleted: eentraet Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Deleted: Weep Formatted: Font: Not Bold Deleted: basic Deleted: education Deleted: basic I Formatted: St Deleted: an- instweteFte-teaeh -a minimum- e€ene- course- per - year -at reading- lliglt Selieel; e"- her-Reading sebeel -if niuW* y—as"reed-upen-bi`RG-T -`,t and the -diael eparhnient�be- Reading c -hoot- shM4r,ev ideatradequate elassreem-€er- previdt; - said pct en-. Tlte-time of fl class s}taii be- mutu&4 agreed- upon4vy -bodt -pat # ies 4iowever -said class- shali-be- eonduc -ted- during - normal class -titues -on-a- repetitive- sehedule{smtte s lass ti me eaeli day) -T "bjeet of the eeurseahall renge€rem4eaehing -the teehnieaWspeets-ef camera- eperatien4o produc4ieiref4elevis ion -grade- programs (at- a- cluaRty4evelt oalr-etrNte-lesa l -RRG aeeess statietr)- A- minimum-ef4w(v - weeps prior- io-Nte- sta"f- tile- eeurse -ilte instruetw -shalklevelepa- ettMeulum guideand- submit iHo-the- prineipal -or apprepria @uautherity- feF-appreval:¶ :Ale etfrr e" Wns tali be deveteped -en-an as- needed - basis - for - the -Depa rttuen t -and ° ^Tn `.--r .feeds- Said- etuT-ieuium -,nay inetudeall aspects aftelevisien preduetien freffi Gan era- eperation; lighting sound- produotiotr, editing -, d+reeting, on- air4a]ent, and - television preduetion. 71 e-eurrieulum- guide-shall be-updated-- an:.•^t Re"p -with ehanges-in-t *4adus",, teehnelegy, and methedelegies -anda4so4e- renec4-su pper4 for- the -m issionand- et:peet"ons-ef R^ ding4vtemwial High elia4ll Ufa- basie- trairtingelnss -is wn-ene semester- and-tlte- would4i ke-a -more advanee"lassrsaid-etass shalt-be provid..•' -o m a 45, reed- upetrby4he eheei- epaftmentand RGTV. T! ere -shall be a mini mum maximum -a€ stttdents-per eias;74kr witi-raake_*- geed - €atilt- effort "revidean4nstweter- for - additional elaases. Formatted: Strikethrough Deleted: 11/1112008 q�Iv Reading, including those related to copyright law. The parties recognize_ that _ -. - -- Deleted:. —� RCTV has the obligation to broadcast programming that is not produced by RCTV. Therefore, RCTV shall not be held responsible for violations of copyright law for programming that it has not produced. it Duty to broadcast All shows produced at RCTV' shall be allowed to be shown on a Jocal cable Deleted: the Fhannel at least once. Deleted: stations 12 Insurance 12.1 Proof of Insurance. Prior to the commencement of any work activity, - -. Deleted: aria five days a#ie- t1w RCTV shall submit to the Town Manager of the Town of Reading certificates ,of ` awar "s-ceRtaet' and p insurance clearly stating that the insurance policies required in the following Formatted: Strikethrough paragraphs have been issued to RCTV. The certificate must be in a standard Deleted: insurance form by a company licensed to do business in the Commonwealth of Massachusetts, and shall be in a form satisfactory to the Town Manager. For the duration of this contract, evidence of such coverage shall be filed with the Town Manager. Liability policies shall name, in addition to any other, the Town as an additional insured. 12.2 Workers Compensation. RCTV shall of _ __ _a t� =' -- ' "" + Formatted: Strikethrough provide insurance for the payment of compensation, and the furnishing of other benefits, as required by Massachusetts General Laws chapter 152 to all persons employed under the contract, and shall continue such insurance in force and effect —� during the term thereof. Statutory limits shall apply. For the duration of this_.-- Formatted: Font: Not Bold contract, evidence of such coverage shall be filed with the Town Manager. 12.3 Comprehensive General Liability Insurance. RCTV shall carry Public Liability Insurance with an insurance company satisfactory to the Town so as to save the Town harmless from any and all claims for damages arising out of bodily injury or destruction of property caused by accident resulting from the use of implements, equipment or labor used in the performance of this agreement or from any neglect, default or omission or want of proper care or misconduct on the part of RCTV, its employees, agents or subcontractors in its employ during the —� execution of the work. or the duration of this contract, evidence of such Formatted, Font: Not Bold coverage shall be filed with the Town Manager. Mini num coverage shall be as follows: 12.3.1 Liability for bodilyiniury including accidental death: The following minimum limits shall apply: $500,000 for any one person. Subject to the limit for each person. $1,000,000 on account of one accident. 12.3.2 Liability for property damage_ The following minimtun limits shall apply: $1,000,000 on account of any one accident $1,000,000 on account of all accidents. 12.3.3 Automobile Liability Insurance. In the event that RCTV owns or leases a vehicle, it shall procure and maintain, during the life of this contract, Deleted: 11/11/2008 — —� DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/2,2/05 11114/ 200$ _... – ------ -------------------- – --- ------ -- – --- - - - - -- 5 4AII Comprehensive Automobile Liability Insurance, including all owned, non - owned, and hired automobiles, covering bodily uijury, including accidental death, with limits of $1,000,000 per person, $1,000,000 per occurrence and property damage insurance with limits of $1,000,000 per occurrence. 12.4 Notice of Cancellation RCTV shall not cancel, change or revise any insurance relating to this contract without at least 30 days prior written notice to the Town Manager. Prior to the effective date of such cancellation, RCTV shall take out new insurance to cover the policies so canceled and shall provide certificates stating that such insurance is in effect. 1, 2,5 The Town shall be named as the loss payee for all damaged or lost equipment that is owned by the Town of Reading. 13 Indemnification 13.1 RCTV agrees to save, defend, indemnify and hold harmless the Town of •— - - - - -- - -- ,..- Formatted: Font: Bold, Underline - ------------------------------ Reading against any and all suits, claims, or liabilities of every name, nature or description arising out of or in consequence of the acts of its agents, servants or employees, in the perfonnance of the obligations under this Agreement or by reason of its failure to fully comply with the terms of this Agreement, such indemnity to run to the Town's officers, agents and employees. RCTV is at all times an independent contractor and not an agent or employee of the Town. No act of commission or omission by either party shall make the other a principal, agent, joint venture, partner or employee of the other. 13.2 Subject to the limitations of Massachusetts General Laws Chapter 258__ ,..-- Formatted: Font: Bold, Underline and any other legal limitation, the Town will hold RCTV harmless and will indemnify RCTV against any loss, claim, damage or liability arising out of or resulting from the acts of the Town's agents, servants, or employees in performance of its obligations under this agreement. -assn nment.... Formatted: No underline X14_ _Non ......---------------------------------------- -- ------------------- ---------- -.. . - 14.1 Neither this Agreement nor any interest herein shall be assigned, transferred, or sub - contracted by RCTV, except as expressly authorized in writing by the Town through its Board of Selectmen, which consent may be withheld in the sole and absolute discretion of the Town. Dated this - day of November, 2008 - ------- - - - - -- - - = . Deleted:?adAAee3 Formatted: Font: Not Bold, No For the Board of Selectmen for RCTV underline Town Manager President DRAFT AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION 4/22/0511/14/200 ._ ---- - ------ --- ------ -------- ---- -- - - - - -- — Deleted: 11 /11/2008 lq � 12, Board of Selectmen Meeting October 15, 2008 The meeting convened at 7:20 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Finance Committee Chairman George Hines, Vice Chairman Andrew Grimes, Committee Members Barry Berman, David Greenfield, Hal Torman, Marsie West and Tom White; Board of Selectmen Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Board Members Camille Anthony and Rick Schubert; School Committee Chairman Chuck Robinson and Committee Members Chris Caruso, Lisa Gibbs, Karen Janowski and David Michaud, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Accountant Gail LaPointe, DPW Director Ted McIntire, Town Engineer George Zambouras, DPW Business Manager Jane Kinsella, Fire Chief Greg Bums; Police Chief James Cormier and Library Director Ruth Urell, Superintendent Pat Schettini, Assistant Superintendent John Doherty, Director of Pupil Services Colleen Dolan, School Director of Human Resources and Finances Mary DeLai, and members of the Administrative Council including Joseph Finigan, Doug Lyons, Karen Callan, Cathy Giles and Eric Sprung, Reading Legislators Senate Minority Leader Richard Tisei and House Minority Leader Brad Jones, Melissa Russell (Chronicle), residents Paula Perry and Bill Brown. Finance Committee Chairman George Hines called the meeting to order at 7:20 p.m. with some introductory remarks. He indicated that the impacts of the current economy and the recent State budget cuts would make for challenging times ahead especially given signs that potential cuts to Local Aid may be forthcoming. He added that Reading has followed budgeting practices that leave us in better shape to deal with possible cuts than many of the neighboring communities but cuts in Local Aid could add to problems of a budget that is already projected to be short by a million plus. He asked that members of the audience turn up their fiscal conservatism gene, and at the same time remain positive that working together we can solve our challenges. Legislative Overview — State FY 2009 Budge Senator Richard Tisei described current Massachusetts law that requires the Governor to ascertain by October 15th that the projected revenues can support the budget that was passed for the current fiscal year. Thus earlier today, Governor Deval Patrick announced several measures to balance updated revenues to expenses. Senator Tisei pointed out that in his opinion — and others who voted against the Budget last Summer — the budget was about $1 billion out of balance already, and today's acknowledgement of a $1.4 billion budget deficit before adjustments was certainly not caused exclusively by the recent disruption in the financial markets. He described that under Section 9-C, the Governor has the authority to adjust about 70% of State budgets. The remaining 30% is the purview of the Legislature, the Judiciary and various Constitutional Officers. The authority to reduce Local Aid remains with the Legislature, and they have thus far refused the Governor's requests to grant that authority. Board of Selectmen Meeting — October 15, 2008 — Page 2 Representative Brad Jones agreed that the budget as passed had a structural deficit last Summer, and that the recent Wall Street crisis had made things worse. He had steadfastly opposed giving the Governor authority under expanded 9 -C to-reduce FY09 Local Aid, at the very least until he had seen what the budget facts were and the Governor's plan to correct the situation. Senator Tisei stated that legislators were reluctant to grant this authority to the Governor because when the State is in pain, local communities have shared that pain but when times improve at the State, local communities have often been left out. He noted that the MWRA debt assistance was eliminated by the Governor but the MWRA had agreed not to change rates for customers mid -year, and would instead find ways to absorb this lost revenue within their budget. Both legislators noted that they had very little detail on the announced budget cuts, but would be sure to advise the Town as the details come out over the next several days. Both legislators agreed that January 3, 2009 was the next key date for State and local officials to be aware. On that date, the State should have a good read on the status of capital gains. In FY09, $1.7 billion of revenue was assumed for the State's budget, which was a 14% reduction from the assumption used in FY08. Senator Tisei noted that for FY10, the lottery portion of State Aid that the Town receives would not be supplemented — only a portion of actual lottery receipts would be passed along. In terms of FY09, that would suggest a reduction of about $300,000 for Reading. Both legislators agreed that Question One in the upcoming November Election would result in grave consequences for the State and local governments. The State would lose 40% of annual revenue - it is unclear how much State Aid would be reduced. Representative Jones stated that his voting record suggests that he is not a fan of taxes, but he does not support Question One. If voters want to send a message, there must be a better way than to eliminate many of the services they have come to expect. Superintendent Pat Schettini noted that it appeared the Circuit Breaker account was reduced, and the legislators agreed that it was. The Assistant Town Manager Bob LeLacheur asked if any grants or earmarks awarded prior to FY09 would be impacted, and the legislators stated that they did not think so. George Hines asked if legislative action was required to enact Question One in the event that it passed, and the legislators explained that it did not require any action on their part, it would become law on January 1, 2009. Chuck Robinson asked if more cuts after January 3rd would be a certainty, and the legislators could not be 100% certain. David Greenfield asked if a reduction in the capital gains tax receipts was presumed in the budget changes today, and the legislators stated that they believed the budget deficit might still be $500 million more than was corrected today. Barry Berman asked if we would hear more about casinos, and the response in part depended on the results of Question Three which seeks to eliminate greyhound racing. Board of Selectmen Meeting — October 15, 2008 — Page 3 Representative Jones pointed out that the Wampanoags had applied for a federal ruling which may well give them permission to pursue gambling in the State, and it would be wise for the State to participate in some of the'revenue sharing from such an endeavor. All three Committees led applause and gave thanks for the contributions of legislators Senate Minority Leader Richard Tisei and House Minority Leader Brad Jones. In turn, the legislators complimented the Town as being exceptionally well managed and very proactive on financial matters. Local FY09 and FY10 Budizets The Assistant Town Manager gave a PowerPoint presentation describing the current budget status in the Town of Reading. The next Financial Forum has been scheduled for November 19, 2008 at which time specific budget guidance will be given to the Schools and Town by the Finance Committee. Additional meetings will be announced then in time to meet the Town Charter's January 30t" requirement for the Town Manager to have budgets from everyone to balance against expected revenues (as needed) for FINCOM. FY08 revenues came in $1.37 million over forecast. This was the first full year since revenue forecasting methods changed to become as accurate as possible. A total of $1.35 million of the surplus revenue was from two sources: A $350,000 payment from the State for Smart Growth at the proposed Addison - Wesley site, $1 million in interest earnings, generated by having very high unexpected cash balances from slow capital projects primarily from RMLD and RMHS. All other revenues generated only a $16,000 net surplus — and over $200,000 of that was due to a one -time payment from the Recreation Revolving Fund. FY09 revenues are thought to be on target thus far. Forecasts for declining excise taxes have been accurate thus far. Net new growth will be somewhat higher. Collections are running at typical historic paces although discussions with residents are becoming more commonplace. Cash balances are higher than forecast due to continued slowdowns in capital projects, which may lead to better interest earnings. State Aid was fully utilized in the FY09 forecast — any reduction will need to be funded or spending reduced. FY10 revenues look to be $750,000 higher than in FY09, a modest increase of 1.1 %. Property taxes should rise by $1.4 million but local receipts should decline by $0.6 million. This assumes no change in State Aid for FY09 levels. Accommodated Costs are forecast to be $26 million for FY10, a $2.25 million increase versus FY09. Some details include benefits +9 %, energy +12 %, financial +4 %, out of district SPED +5% prices, unclear if there will be a $350,000 carry - forward next year so none is assumed, vocational education +4 %, miscellaneous +6 %. Changes to the health insurance plan may modify this projection which assumes a June I" renewal at +10% in prices — the current industry forecast. FY10 Budget Summary — A $0.75 million increase in revenues combined with a $2.25 million increase in Accommodated Costs means that the operating budgets face a $1.5 million decline or a 3.5% reduction. Board of Selectmen Meeting — October 15, 2008 — Page 4 Reserves — In FY08, $2.3 million of free cash was generated because of a combination of the previously mentioned $1.37 million in surplus. revenues, and a $930,000 reduction in planned spending. The latter came from the municipal government $360,000, Schools (including vocational) $100,000, benefits $125,000, FINCOM reserves $110,000, and $235,000 in one -time items. The reserve position as of September 2008 is $4.9 million in free cash (excluding the $350,000 Smart Growth payment), $1.4 million in the stabilization fund, and $127,000 in FINCOM reserves for a total of $6.5 million. Town and School Approaches to FY09 Budgets The Town Manager Peter Hechenbleikner and Superintendent Pat Schettini described their mutual approach to FY09 budgets. Each was asking staff to provide information about what FY09 funding was not absolutely essential to spend and if it was not spent, what the consequences would be for. the community. Every dollar not spent built a lower base for FYI 0, and would contribute to our free cash `savings account' at year end. Municipal Building Committee Board of Selectmen Chairman Stephen Goldy and Selectman Camille Anthony reviewed previous Board of Selectmen discussion on this topic. The Town Manager added that this was a strategic level set of discussions, and not an operational one. George Hines described some previous FINCOM discussions about a `capital committee,' and thought the two concepts may well meld into one. Tom White asked about current proposed land acquisitions, and if they would fit into this dialogue. The Town Manager stated that the issue would likely be rendered moot since the State grants from the Main Street parcels would probably no longer be available. Barry Berman thought this topic was an extension of discussions from the World Cafe. Selectman Ben Tafoya added that the. Oakland Road land issue was one that the Town needed to decide if we need the land before we design and implement any process to sell it. Selectman Camille Anthony contacted other Towns with standing municipal building committees but none were set up to be policy oriented in a long -term comprehensive manner. Each was geared towards specific building projects identified and funded by the Towns. Question One George Hines outlined his belief that the Town residents may benefit from a joint statement from the three.Boards and Committees in attendance. He mentioned that if any of the groups did wish to advocate on a ballot question, strict rules including no use of Town staff or resources must be followed. He asked for each group to caucus for ten minutes. Finance Committee: Following a discussion on Question 1,' Chairman George Hines made a motion that: "The Reading Finance Committee oppose Ballot Question No. 1 regarding the repeal of the Massachusetts State Income Tax and join with other Reading Boards or Committees who take a similar position in issuing a public , l V" Board of Selectmen Meeting — October 15, 2008 - Page 5 statement of the opposition to the tax repeal listing the potential impacts to the Town of Reading and its citizens." The motion was seconded by Andrew Grimes and passed by a vote of 7 -0 -0. Board of Selectmen: The Board of Selectmen discussed in a caucus held as part of the open meeting whether or not to take a position on Question L The Board determined that they would not take a position at this time but they would have further discussion on this matter at their October 21 st meeting when a full Board is expected to be present. Board members all indicated that they were personally opposed to Question 1, but questioned whether it was appropriate for an elected body of the Town to tell its residents how to vote on any issue. The Board members did feel that it would be appropriate to educate the community on what the impact of Question 1 would be on the community. School Committee: In an open meeting caucus of the School Committee, Chris Caruso moved to oppose Ballot Question One: The motion was seconded by Lisa Gibbs and was approved by a vote of 5 -0 -0. George Hines noted that the FINCOM was unanimous 7 -0 -0 as both a Committee and as individuals to say NO to Question One. They expressed interest in warning residents what the impacts of a YES vote would be in terms of local services. Stephen Goldy added that the Board of Selectmen did not vote on any motion as they did not wish to instruct voters how to vote. They did state that it was appropriate to. fully inform the residents of the consequences of a YES vote. Chuck Robinson stated that the School Committee voted 5 -0 -0 to say NO to Question One. He noted that it was their intention to both inform the community and advocate for a NO position. Discussion ensued between those in attendance and the Selectmen to clarify their intentions and opinions. Stephen Goldy stated that he would take the matter up next Tuesday with the full Board. On a motion by Anthony seconded by Schubert, the meeting of October 15, 2008 was adjourned on a vote of 4 -0 -0 Respectfully submitted, Secretary Board of Selectmen Meeting October 21, 2008 For ease o f 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 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts 01867. 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 James Cormier, Office Manager Paula Schena and the following list of interested parties: Patricia de Garavilla, Anne Manna, Gina Nelson, Carol Oniskey, Elizabeth Murray, Justin Ray, Lt. Richard Robbins, Carmen Cavallo, Reports and Comments Selectmen's Liaison Reports and Conn-nents — Selectman Camille Anthony noted that she received a call from a resident who offered to take care of Washington Park regarding the dog issue. Selectman James Bonazoli noted that there have been requests for 15 minute parking spaces in Downtown. Vice Chairman Ben Tafoya noted that the Washington Park Committee had a public meeting. The Committee met last week and they will finalize the report in November, and bring it back to the Board in December. Chairman Stephen Goldy noted that he has been meeting with other towns regarding a coalition. They are looking at regionalization of certain services. He also noted that the RCASA has offered an invitation to the whole community for Rachel's Challenge on October 30, 2008. He noted that Sarah Mulroy is the Board's new student member, and she will start attending the Selectmen's meetings on October 28, 2008. Town Manager's Report The Town Manager gave the following report: • Election — November 4th — 7:00 a.m. to 8:00 p.m. Since the September 16th Primary: o We have registered 583 voters o We have deleted 186 voters o We have made 1400 changes to voters addresses, names, parties, etc. Since we received the ballots on 10/9/08: • We have processed 656 absentee ballots • Trying to get most people to vote over the counter to save the Town money when we can - it also saves us administrative work Our new population counts with these changes is 23,886. Our voter total is 16,960. S,�I Board of Selectmen Meeting— October 21, 2008 — Page 2 On Thursday, October 30th at 7:00 p.m. at the Reading Memorial High School Performing Arts Center, the community is invited to a powerful session with parents and community leaders on Rachel's Challenge. Rachel's Challenge is named for Rachel Scott, the first student killed at Columbine High School on April 20, 1999. Her acts of kindness and compassion coupled with the contents of her six diaries have become the foundation for one of the most life - changing school programs in America. Powerful video /audio footage of Rachel's life and the Columbine tragedy will be presented. Everyone is welcome! • Downtown Parking Study Kick -Off Meeting 2 - Please see the following link for details about an upcoming October 30t", 7:00 p.m. — Senior Center meeting on Downtown parking: http•/ /www readinwna og v/Pages /ReadingMA WebDocs/ Downtown %24Parking %20Meeting • Town of Reading's Veterans Day Ceremonies - This year's ceremonies will be on Tuesday, November 11, 2008 at 11:00 a.m. at The Reading Memorial High School. We will be Meeting at the High School at 10:45 a.m. • Parker Middle School — Fields grading ongoing. Project completion estimated mid /late October. • Birch Meadow Tennis Courts — • Gould Street - Reclamation and binder course has been done, and the curbing and sidewalk contractor will be in this week to start their work. • High Street — Binder is in. • Franklin Street — Binder is in today. • Curbside Leaf Collection this Fall and next Spring - Please see the following link for more details about the upcoming leaf collections in the Town of Reading: http://www.readingma.gov/Pages/ReadingMA PublicWorks /Fall Leaf Coll.pdf Schedule: Weeks of on normal collection day • November 3, • November 17, • December 1 Flu Clinic - PUBLIC FLU CLINIC FOR READING RESIDENTS - The first annual Emergency Dispensing Site Drill / Flu Clinic - Saturday, November 15 - RMHS Field House —11:00 a.m. — 3:00 p.m. Open to all Reading residents - ages 9 and up Flu vaccine $10.00 fee Pneumonia $10.00 fee Tetanus $ 5.00 fee Residents 65 or older, Free — Bring your Medicare Card Proclamations /Certificates of Appreciation Proclamation — Red Ribbon Week — Joshua Eaton Principal Patricia De Garavilla, Teacher Anne Manna and representatives from the Student Council were present to receive the Proclamation. A motion by Bonazoli seconded by Tafoya to approve the Proclamation for Red Ribbon Week was approved by a vote of 5 -0 -0. s�v� Board of Selectmen Meeting_ October 21, 2008 — Page 3 Personnel and Appointments Council on Aging — The Selectmen interviewed Gina Nelson and Carol Oniskey for positions on the Council on Aging. Bonazoli moved and Schubert seconded to place the following names into nomination for one position on the Council on Aging with a term expiring June 30, 2011: Gina Nelson and Carol Oniskey. Ms. Oniskey received five votes and was appointed. Schubert moved and Anthony seconded to place the following name into nomination for one Associate position on the Council on Aging with a term expiring June 30, 2009: Una Nelson. Ms. Nelson received five votes and was appointed. Discussion/Action Items — Hearing — Transfer of Liquor License — Roman's Macaroni Grill — The Secretary read the hearing notice. Romano's Macaroni Grill Manager Elizabeth Murray was present. The Town Manager noted that this a Change of Manager and Transfer of Liquor License from Brinker Massachusetts Corporation to Mac Acquisition of Delaware. Selectman Richard Schubert asked Ms. Murray if she had experience managing a restaurant of that size before, and Ms. Murray indicated that this is her first time. She is familiar with the Town's policies and has received TIPS training. A motion by Schubert seconded by Bonazoli to close the hearing on the liquor license transfer from Brinker Massachusetts Corp. to Mac Acquisition of Delaware was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Bonazoli to approve the transfer of the all alcoholic restaurant liquor license from Brinker Massachusetts Corp. to Mac Acquisition of Delaware, under all terms and conditions that applied to the previous license to Brinker Massachusetts Corp., was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Bonazoli to approve the transfer of Manager for Brinker Massachusetts Corp to Elizabeth Murray for Mac Acquisition of Delaware was approved by a vote of 5 -0 -0. Hearing — Liquor License Infraction — Twin Seafood — The Secretary read the hearing notice. The Town Manager noted that Justin Ray, owner of Twin Seafood, was present and not contesting. Police Chief Jim Cormier and Lt. Richard Robbins were also present. Lt. ' Robbins noted that on September 19, 2008, the Detective Division conducted an alcohol compliance check using two, underage operatives of all liquor establishments in Reading. The two operatives were trained, photographed, given a breath test and not allowed to bring an ID. The operatives were also photographed and given another breath test after the operation. ��3" Board of Selectmen Meeting — October 21, 2008 — Page 4 Lt. Robbins noted that the male operative went to 11 establishments. At 6:06 p.m., he entered Twin Seafood at 591 Main Street. He ordered salmon and a Sam Adams beer. He was served by Justin Ray and decided not to drink the beer and left. Mr. Ray indicated that he had a mishap that evening with an interruption in his gas service and losing some of his kitchen help which is why he overlooked asking for the ID. He apologized for his action and noted that his policy is to card everyone who looks under 40 years of age. A motion by Tafova seconded by Anthony to close the hearing on the possible modification, suspension or revocation of the Wine and Malt On- Premises License for Twin Seafood of Reading_, Inc d/b /a Twin Seafood for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age was approved by a vote of 5 -0 -0. A motion by Anthony seconded by Bonazoli that the Board of Selectmen finds Twin Seafood of Reading Inc d /b /a Twin Seafood in violation of M.G.L. Chapter 138, S34 — the sale of alcoholic beverages to a person under 21 years of age on September 19, 2008 was approved by a vote of 5 -0 -0. A_ motion by Schubert seconded by Tafova that Twin Seafood of Reading Inc. d /b /a Twin Seafood be penalized with a two day suspension for violation of M.G.L. Chapter 138, S34 — the sale of alcoholic beverages to a minor on September 19, 2008 was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Tafova that the two day suspension for Twin Seafood of Reading, Inc d /b /a Twin Seafood take place on October 27 and October 28, 2008, and that a placard be placed on the premises during the period of suspension indicatinp_ "No beer or wine service due to a suspension of the liquor license for sale of liquor to an underage .person" was approved by a vote of 5 -0 -0. Review Question 1 — Chairman Stephen Goldy noted that this is a carry over from the Financial Forum, The Selectmen have been asked to take a position on Question 1 which is abolishment of the State income tax. If this passes, Phase 1 of 2 will go into effect immediately. Chairman Goldy also noted that the Selectmen had questioned whether they could take a position on this ballot question and it has been detennined by the State that as leaders of the community, they may take a position but cannot use Town resources to advertise. After much discussion on the consequences of Question 1 if it passes, the Board approved the following motion: A motion by Bonazoli seconded by Anthony that the Board of Selectmen vote to oppose Question 1 on the November 4, 2008 ballot was approved by a vote of 5 -0 -0. Hearing — Traffic Rules — Designating_ Spaces in Brande Court Municipal Parking Lot for Overnight Parking — The Secretary read the hearing notice. Board of Selectmen Meeting — October 21, 2008 — Page 5 The Town Manager noted that this is in response from a property owner downtown who has no onsite parking. The proposal is to allow overnight parking in eight spaces in the Brande Court Lot. He also noted that the Town already allows overnight parking in two other municipal lots. A motion by Anthony seconded by Tafoya to close the hearing on amending Section 5.9 of the Town of Reading Traffic Rules and Regulations was approved by a vote of 5 -0 -0. A motion by Anthony seconded by Bonazoli to amend Section 5.9 of the Town of Reading Traffic Rules and Regulations by adding to Section 5.9 the following: • Brande Court Parking Lot — Eight parking spaces on the northerly fence line from 10:00 p.m. until 8:00 a.m., Monday through Sunday was approved by a vote of 5 -0 -0 Review Subsequent Town Meeting Warrant — The Assistant Town Manager noted that Article 4 is for amendments to the Capital Improvements Program. He also noted that Bond Counsel requests that any change to the CIP be spelled out in this Article. A motion by Anthony seconded by Tafoya to recommend the subject matter of Article 3 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. The Assistant Town Manager noted that Article 4 is amendments to the budget. He also noted that the State requires Town Meeting to vote the gross amount, not the net amount, so offsets need to be included. Vice Chairman Ben Tafoya asked what was taken out of the operating budget. The Assistant Town Manager noted the $60,000 for the van. The Town Manager noted that the Selectmen need to decide whether or not to move forward with the program. After much discussion, the Board decided to defer this decision until next year due to the current state of fiscal affairs. A motion by Anthony seconded by Schubert to recommend the subject matter of Article 4 of the 2008 Subseauent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Anthony seconded by Bonazoli to recommend the subject matter of Article 6 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 7 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. The Town Manager suggested taking no action on Articles 8 and 10. A motion by Bonazoli seconded by Tafoya to recommend the subject matter of Article 11 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. The Town Manager noted that Article 12 is for the acquisition of land. sus Board of Selectmen Meeting — October 21, 2008 — Page 6 A motion by Bonazoli seconded by Tafoya to recommend the subiect matter of Article 12 of the 2008 Subsequent Town Meeting Warrant failed by a vote of 1 -4 -0, with Goldy, Tafoya, Bonazoli and Anthony voting against. A motion by Bonazoli seconded by Anthony to recommend the subject matter of Article 13 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Tafoya to recommend the subject matter of Article 14 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Tafoya to recommend the subject matter of Article 15 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Schubert to recommend the subject matter of Article 16 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Anthony to recommend the subject matter of Article 17 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Anthony to recommend the subject matter of Article 18 of the 2008 Subsequent Town Meeting Warrant was approved by a vote 5 -0 -0. A motion by Bonazoli seconded by Anthony to recommend the subject matter of Article 19 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Tafoya to recommend the subject matter of Article 20 of the 2008 Subsequent Town Meeting Warrant was approved by a vote of 5 -0 -0. Review Policy — Liquor Licensing — The Town Manager reviewed the recommended changes to the policy. Carmen Cavallo, owner of the Venetian Moon Restaurant was present. He indicated that he would be interested in any changes to the policy that affect the ability for patrons to stand with a drink. He indicated that this would put a severe limitation on his business. A motion by Anthony seconded by Tafoya to adjourn the meeting of October 21, 2008 at 11:00 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary Board of Selectmen Meeting October 23, 2008 The meeting convened at 7:30 p.m. -in the Meeting Room, Reading Public Library, 64 Middlesex Avenue, Reading, Massachusetts. Present were Chairman Stephen Goldy, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner and the following members of Boards, Committees and Commissions of the Town of Reading: Barbara Stewart, Megan Young, Sally Hoyt, Bill Brown, Steve Oston, Ralph Colorusso, Michele Benson, Coleen Seferian, David Tuttle, Stacey Bertocchi, Paul Dustin, Barbara Meade, Dave Williams, Joan Hoyt, David Singer, Sheila Clarice, Rick Nazzaro, Susan Patterson, Karen Herrick, Kathy Greenfield. Boards, Committees and Commissions Training The following training agenda for Boards, Committees and Commissions was presented by members of the Board of Selectmen and the Town Manager. Follow up items include: Providing for recording of certain Boards, Committees and Commissions meetings so they can comply with the Mullins decision. 2. Improving the pool of volunteers to fill current and future vacancies on the various Boards, Committees and Commissions. On motion by Bonazoli seconded by Schubert, the Board of Selectmen adjourned their meeting of October 23, 2008 at 9:00 p.m. by a vote of 4 -0 -0. Respectfully submitted, Secretary �c Board of Selectmen Meeting October 28, 2008 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, 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: George Hines, Stephen Crook, Priscilla Gottwald, Irene Collins, Bill Jennings, Carmen Cavallo. Reports and Comments Selectmen's Liaison Reports and Comments — Vice Chairman Ben Tafoya noted that he met with the Downtown Parking Group and the proposed 40B group along with representatives from CPDC, the Historical Commission, the Advisory Committee on Cities for Climate Protection and Town staff. He also noted that one issue is what size residential unit the Selectmen would like in the 40R District which will also have an impact on the parking study. He noted that there are vacancies on the CPDC and on the Conservation Commission. Selectman James Bonazoli noted that the Selectmen held a training session for Boards, Committees and Commissions and that went very well. Selectman Richard Schubert noted that he attended the training session and also welcomed Sarah Mulroy. Chairman Stephen Goldy noted that he has been meeting with Chairmen from surrounding Towns, and they are going to the State House to discuss regionalization and how the State can help with ' this issue. *He also noted that they are looking at sharing best practices and energy issues. Selectman James Bonazoli suggested adding to the list, traffic calming and how are they dealing with curbing with budget constraints. Chairman Goldy invited the community to Rachel's Challenge on October 30th at 7:00.p.m. at the Performing Arts Center at the High School. Town ManalZer's Report The Town Manager gave the following report: • Election — November 4th — 7:00 a.m. to 8:00 p.m. • Comcast Negotiations — we are close to a deal. • MTBE Litigation Settlement — The Town received $695,000 for water money in a class action suit. Vice Chairman Ben Tafoya indicated that this should be put on a future agenda for discussion. ,,A I - Board of Selectmen Meeting — October 28, 2008 — Page 2 • On Thursday, October 30th at 7:00 p.m. at the Reading Memorial High School Performing Arts Center, the community is invited to a powerful session with parents and community leaders on Rachel's Challenge. • Downtown Parking Study Kick -Off Meeting — October 30th, 7:00 p.m. at the Senior Center. • Parker Middle School — Fields grading ongoing. Project completion estimated mid /late October: • Birch Meadow Tennis Courts — no update. • Gould Street - Reclamation and binder course has been done, and the curbing and sidewalk contractor will be in this week to start their work. • High Street, Hillside Road, Franklin Street — binder is in. • Curbside Leaf Collection this Fall. Schedule: Weeks of on normal collection day • November 3, • November 17, • December 1 • Public Flu Clinic for Reading Residents - Saturday, November 15th - RMHS Field House - 11:00 a.m. — 3:00 p.m. Open to all Reading residents - ages 9 and up Flu vaccine $10.00 fee Pneumonia $10.00 fee Tetanus $ 5.00 fee Residents 65 or older, Free — Bring your Medicare Card Personnel and Appointments Introduce Youth Liaison — Chairman Stephen Goldy welcomed Sarah Mulroy as the Youth Representative on the Board of Selectmen, and noted that she was nominated through the President of the Student Council. Ms. Mulroy noted that the youth are a big part of the Town, and they have lots of ideas that can have an impact. Discussion /Action Items Presentation by Chamber of Commerce — LED Tree Lights — Chamber of Commerce President Priscilla Gottwald and Executive Director Irene Collins were present. Ms. Gottwald noted that the Light Department received the lights on October 9th. They purchase enough red lights to light two trees. Ms. Collins noted that the Tree Lighting events will take place on November 30, 2008 from 1:00 p.m. to 4:00 p.m. with the tree lighting taking place at 4:30 p.m. She indicated that as an effort to conserve on energy, the lights will be lit from 5:00 p.m. to 10:00 p.m. (instead of 11:00 p.m.) from November 30, 2008 through January 6, 2009. She also noted that the festival costs the Chamber approximately $10,000 to run which includes electricity, lights, trolley, clown, etc. She noted that the Boston Bruins and Oldies 105.5 will be there this year, and the North Shore Music Theater will be sending a group this year. Selectman Camille Anthony asked if the Chamber accepts donations, and Ms. Collins indicated that donations can be made at Eastern Bank. 5 d� Board of Selectmen Meeting — October 28, 2008 — Page 3 Hearing — Revised Burbank Lease — The Secretary read the hearing notice. The Town Manager noted that when the Town approved the location of the Ice Arena, a contract was set up for five year extensions. The Reading Ice Arena Authority requested a 10 year extension when they added the locker room, and the Selectmen approved it. Town Counsel has indicated that the Selectmen cannot grant a 10 year extension, only five years. The Town Manager noted that this is an outstanding partnership and a huge asset to the Town. Selectmen Representative on the Reading Ice Arena Authority George Hines concurred with the Town Manager. He noted that the Ice Arena is an asset to the community and contributes to the budget. He also noted that the rink is run and managed very well, and he has no hesitation to recommend the approval of the lease. Bill Jennings, President of the Reading Ice Arena Authority, noted that the girl's locker room is underway and will hopefully be done by December. The Town Manager noted that the first responsibility of the Ice Arena Authority is to maintain the facility. The contribution to the Town is secondary. Chairman Stephen Goldy asked if the Town could go out to bid sooner, and the Town Manager indicated that we could if both parties agree. Mr. Jennings indicated that he would like to start sooner so they can do capital. A motion by Bonazoli seconded by Anthony to close the hearing on extending the leas between the Town of Reading and the Reading Ice Arena Authority, Inc. was approved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli that the Selectmen find that the Lessee has complied with the terms and conditions of the lease dated February 23, 1993; that the extension of the lease would be desirable for the public good; and that the term of the lease be extended for an additional five (5) year period expiring March 8, 2014 was approved by a vote of 5-0-0. At this time, the Board asked the Town Manager for an update on the Birch Meadow Area and the Mattera property. Chairman Stephen Goldy indicated that this will be put on a future agenda. Hearing — Liquor License Transfer — The Wine Shop — The Secretary read the hearing notice. The Town Manager noted that the applicant sent a letter to reschedule to November 18, 2008 at 8:00 p.m. He also noted that he received staff comments that need further clarification. A motion by Bonazoli seconded by Tafoya to continue the hearinlz on the liquor license transfer for Jahnavi Riya Wine Shop, Inc. d/b/a The Wine Shop of Reading until November 18, 2008 at 8:00 p.m. was approved by a vote of 5-0-0. yd3 Board of Selectmen Meeting — October 28, 2008 — Page 4 Review Liquor License Renewals — The Town Manager noted that on Page 4d1 in the packet is a list of liquor licensees. He noted that the State requires renewal of liquor licenses by the end of November and if the Board wants any of the licensees to be present at their meeting on November 25th, then they should let him know now. After much discussion, the Board directed the Town Manager to draft a letter, from the Board, reviewing what has happened this year and what is expected from them. Carmen Cavallo, owner of the Venetian Moon Restaurant, was present. He asked the Board if being seated while being served is a proposed change to the policy, and the Board indicated that it is not at this time. Review Options re: Aquifer Protection District — The Town Manager noted that part of the agreement with the MWRA is to protect the Aquifer Protection District: If the Town makes any changes, then it will be sent to the MWRA for approval. Selectman James Bonazoli noted that he wants to protect the aquifer but if it is not the primary water supply, then the Town should ease the regulations so projects don't get delayed. Selectman Camille Anthony indicated that she believes strongly in protection. She would have to know the cases and what is the problem. Chairman Stephen Goldy noted that two residents wanted above ground pools that are not permanent and could be taken down if need be. He also noted that the wells are being held for emergencies as potable water, not drinking source water. Selectman Richard Schubert noted that other towns are pulling water from that source, and we never know when an emergency will happen. He feels that it is important to protect. He would like to work with the existing process, and indicated that there is an appeal process in place. Selectman James Bonazoli noted that he is not looking to do away with the Aquifer Protection District - he just feels that we are ovgr regulating and he wants to ease the regulations. Vice Chairman Ben Tafoya noted that this district covers several zoning areas, and he is not in favor of changes unless a study is done on how it would affect the different areas. The Town Managef noted that our ZBA is very good at protecting, and certain things must be proofed by statute why a waiver is needed. Chairman Stephen Goldy indicated that he would like to know the percentage that other communities use. The Town Manager indicated that he can also get data on the number of 20 square foot lots and 30 square foot lots by zoning district. s�� Board of Selectmen Meeting — October 28, 2008 — Page 5 Review Insurance Costs (possible bidding) — The Town Manager noted that the Finance Committee had suggested the possibility of bidding insurance for Worker's Comp and Property and Casualty. He also noted that the Town has been with MIIA for 10 years. They only insure municipalities and their agencies. He sees no need to go out to bid because it is a good value, we have good relationship, and they provide good customer service. The Town Manager noted that for Worker's Comp, the FY09 budget is $259,000 and the actual is $200,000. For Property and Casualty, the FY09 budget is $354,000 and the actual is $304,169. He also noted that if we go out to bid, we will have to hire a consultant. Selectman Camille Anthony noted that when MIIA's rates were rapidly increasing and we went out to bid for health insurance, their rates came in a lot cheaper. The Town Manager noted that MIIA beats the market place every year. Vice Chairman Ben Tafoya indicated that he didn't think we will save that much by going out to bid, and he feels that we have other higher priorities. Selectman James Bonazoli noted that going out to bid would keep them honest, and verify that we are getting the best rates. Chairman Stephen Goldy asked why the Finance Committee wanted to go out to bid, and the Assistant Town Manager noted that when they looked at the original cost of $700,000, they thought it was too much. Ironically, the numbers came down after they suggested going out to bid. He agreed that the Town should go out to bid but not this year. He suggested setting aside $25,000 from this budget for a consultant. He noted that the insurance companies are too unsure right now to go out to bid. Customer Service — Chairman Stephen Goldy noted that he has been attending meetings that the Town Manager is having with staff regarding budgets. He also noted that the Town Manager, is talking to staff about customer service. The Town Manager noted that customer service will be stressed to the max with the economic times, and all staff will have customer service training. Vice Chairman Ben Tafoya indicated that putting a simple postcard for suggestions at all offices would give feedback to employees. He also suggested mailing a reminder to the commercial owners in the Town to encourage their tenants to come to Town Hall. Selectman James Bonazoli noted that as things become more difficult, businesses and residents will appreciate good customer service. He inquired as to how to improve the process for charities, and Vice Chairman Ben Tafoya suggested a seminar once per year for non - profit organizations that will help them to prepare for their events. 5Xs Board of Selectmen Meeting — October 28, 2008 — Page 6 There was discussion among the Board regarding complaints from non- profit organizations who can't understand why the health regulations have changed so dramatically and this is affecting their events. The Town Manager noted that this is due to a change in personnel. Selectman James Bonazoli noted that there is a difference between following the letter of the law and personal interpretation of the law. Approval of Minutes A motion by Anthony seconded by Bonazoli to approve the Minutes of October 7, 2008, as amended, was approved by a vote of 5 -0 -0. A motion by Tafoya seconded by Anthony to approve the Executive Session Minutes of October 7, 2008, as written, was approved on a roll call vote with all five members voting in the affirmative. A motion by Bonazoli seconded by Anthony to adjourn the meeting of October 28, 2008 at 10:00 D.M. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary ,�7 �G 4�(, 1 �t ,1 t.7i 'J ,�F.. ,. !�• , r,k ��.' ..t :'c .,t ..'a..v. �' �0�� OF G Town of Reading �d two 16 Lowell Street 63'9.1 01 5) Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www.readingma.gov October 31, 2008 John C. McKenna 61 Washington Street Reading, MA 01867 Dear Mr. McKenna: yG 'e VS TOWN MANAGER (781) 942 -9043 It has come to our attention that you are utilizing a portion of Town owned property. known as Washington Park, for a driveway and parking area for the property at 61 Washington Street. Town Counsel has researched the deeds and other documentation with regard to ownership of this property and it is clear that this narrow part of Washington Park connecting to Washington Street is under the ownership of the Town of Reading. Therefore, we must ask you to remove the pavement on this portion of the Town owned property and restore it to a grass area. We also require you to cease and desist your use of this Town owned property as access to 61 Washington Street and to remove any personal property that may be stored or maintained in or on this property. While we realize that the work of paving a portion of the Town owned property for use at 61 Washington Street may not have been your doing, it is clear by observation that you are utilizing property which is not yours to use. We request that you provide a schedule for removal of the pavement so that this is accomplished no later than May 1, 2009. This should provide you with a reasonable amount of time in the spring to accomplish this. Please contact me if you have any questions with regard to this matter. Sin erely, Peter I. rely, Town Manager PIH /ps cc: Recreation Commission October 24, 2008 Via Certified Mail Return Receipt Requested Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Price Adjustments Dear Members of the Board: N ao Comcast is committed to offering the best value in home entertainment, providing a wide variety of programming and an array of packages to accommodate customers' preferences. In today's challenging economic environment, Comcast like many other companies is experiencing increased business and operational costs. As a result, certain prices for cable services and equipment will change starting in December 2008. While we have been highly focused on controlling our costs for the benefit of our customers, price adjustments are a necessity in view of the increased cost of doing business, including gas prices, healthcare costs, increases in the cost we pay for programming, and technology and service improvements. Even with these pressures, our average New England customer's total bill will increase by 3.6 percent, which is well under the rate of inflation. Comcast spends about $6 billion a year on programming alone to give our customers the best content and the most video choices. While we have been aggressive at controlling these costs, we anticipate continued increases in the cost to acquire programming, particularly for sports. Comcast is also giving customers more choice with bundled discounts and new, more economical tiers for video, phone and high -speed Internet services. In fact we offer the lowest - priced basic video service among our competitors with our Basic Service, and have introduced Digital Economy cable service recently, giving cost - conscious consumers an additional low -cost option. We're also continuing to increase the value of our services by making investments to offer the largest video on demand library, the most HD choices, a faster high -speed Internet and the newest technologies for our Comcast Digital Voice service — a low -cost, feature -rich digital phone service. In addition, we're redoubling our efforts to improve the customer experience. We are investing in hiring and training personnel and in new technology more than at any other time in our 45- year history. We have hired over 15,000 customer service representatives and technicians in the Reading, MA Re: Price Adjustments Page 2 past two years, including nearly 2,000 in New England alone, rolled out smart handheld devices and laptops to field technicians to improve on -time reliability, and developed new customer care technologies to help improve trouble- shooting and repairs. Enclosed please find a copy of the Notices we are sending to our customers in your community which will provide you with further detailed information regarding the scheduled price adjustments. One particular change that I would like to call to your attention is that beginning with these price adjustment notices, a digital cable box will now be available as part of our Digital Additional Outlet Service Charge. Another change of note is that effective December 1, 2008, Standard Cable service will no longer be available for new subscription. Customers who subscribe to Standard Cable as of December 1St will continue to receive the service until they make a change to their package selection or until they receive further notice. Comcast continues to be one of the best values for consumers' entertainment dollars. An entire month of Comcast cable television is about the same price as only one night at the movies for a family of four, and a third of the cost for the same family to attend a professional football game, concert or live stage show. As always, if you should have any questions or concerns regarding this matter, or any matter, please feel free to contact me at 978 - 927 -5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations g�v iU1 3 011=1 . 1 Dear Comcast Customer, At Comcast, our goal is to give you more value, including the largest video on demand library and the most HD choices, a faster high -speed Internet and.the newest technologies for our Comcast Digital Voice service — a low -cost, feature -rich digital phone service. We're also redoubling our efforts to improve your experiences with us, investing more than at any other time in our 45 -year history to hire, train and give our employees the tools they need to serve you better. What this means for you. While we continue to make these investments, Comcast, like many other companies, is experiencing increased business and operational costs from today's challenging economic environment. As a result, certain prices for cable service and equipment will change starting De- cember 1. While we have been highly focused on controlling our costs, price adjustments are a necessity in view of the increased cost of doing business, including gas prices, healthcare costs, increases in the cost we pay for programming, technology and service improvements. Please review the information on the following page(s) that identifies the adjustments and the effective date of the adjustments. If you are currently enjoying a promotion, your price will remain in effect until the scheduled expiration date of your promotion. If you currently have multiple digital converter boxes in your home, the Digital Additional Outlet Service Charge now includes the price of a digital set top box. In addition, effective December 1, 2008, Standard Cable will no longer be offered as a new cable service option. However, if you currently subscribe to Standard Cable, you will continue to receive the service until further notice, unless you choose to make a change to your service or cable package. What's happening at Comcast? Comcast has increased the value of our services and made investments in our products to give you more variety, choice and control. Over the past year, we've more than tripled the number of HD choices we offer, with customers now having access to more than 1,000 HD choices at any given time — day or night — through the launch of several new HD networks and the addition of hundreds of HD On Demand programs. And our On Demand service now offers over 10,000 titles every month. We've also introduced a convenient, new feature called "AnyRoom On Demand," which enables you to start an On Demand program on any television and continue to view it on any other TV in the home that has a digital cable box. We value your business. Comcast values your business and is committed to providing you with the best possible experience. If you have any questions regarding these changes, please visit www.comcast- ne.com /information or call us at 1- 800- COMCAST. Thank you for choosing Comcast for your entertainment and communications needs. ., _f - Q,:: �',;A Paul D'Arcangelo Vice President Comcast Metro Boston Region QUESTIONS & Answers Q: Why are my prices changing? A: We are highly focused on controlling our costs, but price adjustments are a necessity in view of the increased cost of doing business in this challenging economic environment, including gas prices, healthcare costs, increases in the cost we pay for programming and technology and service improvements. Comcast spends about $6 billion a year on programming to deliver our customers the best con- tent and the most video choices. While we've aggressively controlled these costs, we expect continued increases in costs we pay for programming, particularly sports. Q: When will this price increase take effect? A: The price increase will take affect with your December or February bills as outlined on the following pages. Q: What other package or service options are available to me? A: Comcast offers a variety of packages to suit your needs. To explore any of the options available to you, please visit www.comcast- ne.com /information or call us at 1- 800- COMCAST. All prices listed in this notice are per month charges unless otherwise specified and do not include applicable regulatory fees, FCC user fees, franchise fees, or federal, state & local taxes. SA980147 c3 Massachusetts: Reading Kq1:i I 4k VA Current New Price Price Dec.2008 Reading, MA LEVELS OF SERVICE: Basic Service 2,6,7 ... *'*'*'* ........ .................... $10.10 $11.10 Expanded Basic Service ......................................................................... $4.44 $47.20 (Expanded Basic Service Is only available in combination With Basic Service.) STANDARD CABLE 1,6 ........................................................................... $rA.54 $58.30 DIGITALECONOMY 4,6 ............................................................................. NA $39.95 DIGITAL ECONOMY 4,6 ............................................................................. NA $29.95 (When purchased In combination with High-Speed Internet or Digital Voice.) DIGITALSTARTER 5,6 ......................................................................... $58.49 $62.25 Franchise Related Cost 6,7 .................................................................... $ 1.19 $ 1.39 I] M V111,71411 1 9AH"UH U11110711411i Packages Include: Interactive Program Guide, access to limited Channel 1 On Demand content, Current New Price Digital PPV and over 47 music channels. Price Dec. 2008 Current New Price Digital Cable Box .............................. $3.70 $1.70 Price Dec. 2008 High-Definition Cable Box ....................... $8.74 $8.70 Comcast Digital Classic ....................... $10.95 $13.95 High-Definition Cable Box ....................... $6.00 $7.00 Comcast Digital Preferred ...................... $12.95 $13.95 For Economy Video or Digital Starter Customers GREAT NEWS for Digital Classic Customers! Customers subscribing to Digital Classic will enjoy the following additional channels PIN beginning December 1st: CMT Pure country, DD-11-Yourself Network, Fine Living Channel, Current New Price FdYV, Great American Gouft History International, UW lndleple)4 Investigation Discovery, Lifetime Movie Network, LOGO, Military Channel, Nick Too, Oxygen, Price Dec. 2008 retroplex, Planet Grew, Sundanoe Channel, The Biography Channel, and TVG. Digital Video Recorder Service fligh-Deflinition) 9 ....... $12.95 $14.95 Please visit your local service center, www.comeast.com or call 1-866-660-6137 for fur- ther Information about channels included in the above packages. Digital Video Recorder Service (Standard Definition) 9 ..... $8.95 $9.95- Digital Additional Outlet Service Charge 10 .......... $5.00 $6.95 Office reactivation for Comcast High -Speed Internet'll ..$3.00 $4.00 Current New Price Office reactivation for Comcast Digital Voice 11 ........ $3.00 $4.00 Price Feb.2009 Installation of cable (Unwired, primary outlet only) ......... $38.95 $38.95 Current Price New Price Feb. 2009 Reinstallation of cable (Prewired, primary outlet only) ...... $29.95 $31.95 Changes of service (Requiring a visit) ................. $13.95 $11.50 Installation/Activation of each additional outlet at time of initial installation or reinstallation ......... $15.95 $17.50 Dighal Service or High - Definition Upgrade (Requiring a visit) . $16.95 $17.50 Hourly Service Charge for Technician visit ......... $32.95 Installation/Activation of each (1/2 hour minimum) (connection of customer equipment $33.50 additional outlet at any other time ................. $24.95 $27.50 Including all equipment not owned by Comcast such as Relocation of an existing cable outlet .............. $19.95 $22.95 game systems, home theater, stereos, etc.) Connection of VCR/DVD at initial installation .......... $6.95 $7.95 Customer Trouble Call .......................... $24.95 $29.50 Connection of VCR/DVD at any other time ........... $13.95 $14.50 1 The minimum level of cable service you may purchase Is BASIC SERVICE, You must purchase BASIC SERVICE to subscribe to any other video service offered by Comcast. Service, programming and equipment are subject to availability. All pricing, programming and channel locations are subject to change. Prices do not include state or local taxes, franchise fees or.FCC fees. Please call 1- 866 - 660.6137 for further Information. The purchase of premium channels, packages and a la carte services (including IN DEMAND, Pay-Per-View and Channel 1 On Demand) requires the appro- priate equipment, 02008 Comcast, All Rights Reserved. 2 A cable box may not be necessary to view Basic Service or Standard Cable Service, Please visit www.comcast.conVcablebox or call 1- 866 - 660 -6137 for further Information. 3 Standard Cable Includes Basic Service and Expanded Basic Service. Effective December 1, 2008, Standard Cable will no longer be offered for new subscription. 4 Digital Economy Includes Basic Service, Digital Economy content and a digital cable box and remote or a CableCard on the primary outlet. A Digital Additional Outlet Service Charge may be applicable for additional outlets. If you wish to upgrade to a High - Definition Cable Box, an incremental equipment fee of $7.00 may be applicable. 5 Digital Starter Includes Basic Service, Expanded Basic Service, Digital Starter content and a digital cable box and remote or a CableCard on the primary outlet, A Digital Additional Outlet Service Charge may be applicable for additional outlets. If you wish to upgrade to a High-Definititin Cable Box, an Incremental equipment fee of $7.00 may be applicable. 6 Franchise Related Costs are costs associated with providing public, educational and/or government access facilities and equipment and /or other related costs In your community. Franchise Related Costs are applicable with the purchase of Basic Service or any package that Includes Basic Service. 7 Discount of 10% off of Basic Service and FRG available to seniors age 65+ who are head of household and Medicaid eligible or who live In public housing. Restrictions apply. a Digital capable equipment Is required to view this service. Price does not Include a digital Gable box and remote. Certain restrictions apply. Service subject to availability. High-definition capable equipment and a subscription to the corresponding package are required to receive high-definition channels. 9 Prior to obtaining a DVR from Comcast, additional documentation or a credit vedfication may be necessary. Monthly fee for digital cable box & remote (with Digital Video Recorder capabilities) Is addi- tional unless included as part of your cable package. 10 Effective December 1, price now Includes a digital Gable box and remote or a CableGard. An Incremental equipment fee of $7.00 may be applicable for customers who have, or wish to upgrade to, a high-definition cable box. 11 If you reconnect any or all of the services after a disconnection for non-payment, In addition to any other charges you may owe, Comcast will impose either a reactivation charge If a visit to your res- idence is not required or a reinstallation charge If a visit to your residence Is required. SA980148 A] November 2008 Dear Customer: Comcast is committed to keeping you informed about our products and services. As part of our efforts, we are providing you with advance notice that your Digital Bronze Cable Package price will increase from $12.95 per month to $13.95 per month effective with your December bill. Please note that this package is no longer sold by Comcast. To receive all the features and benefits that Comcast has to offer, you may want to upgrade to one of our current Digital Value packages. For more information about our current Digital Packages or other services available to you, please call 1- 866 - 660 - 6137. Sincerely, Comcast Comcast. All prices are per month charges and do not Include applicable regulatory, FCC user and franchise fees, or federal, state and local taxes. A 10!08 X -25728 IMPORTANT Information Dear Customer: At Comcast, our goal is to give you more value, including, a faster high -speed Internet and the newest technologies. The following price adjustments to our Comcast High Speed Internet products will be effective December 1, 2008. Also, effective December 1, 2008, Comcast High -Speed Internet Performance Lite will be discontinued. If you subscribe to Comcast High -Speed Performance Lite, after December 1st you will receive Comcast High -Speed Internet Performance. Existing Performance customers (6Mbps /1 Mbps) who also subscribe to Comcast Digital Voice will be receiving a speed upgrade at no additional cost. On December 1 st, 2008, your new speed will be Performance PLUS (8Mbps /2Mbps) and your monthly rate will not change. if you would like to learn more about our various Comcast High -Speed Internet products and packages please contact your local Comcast representative or visit us online at www.comcasLcom. Current Your Product & Speed as of Dec. 1, 2008 Price as of Your Current Product & Sneed Price Please nokffiemmaybea change fmmthe' productyauwemsuhsrxibedtopdort0DOIst Dec. 1, 2001 Performance Lite (4Mbps/384Kbps) $57.95 Performance Lite Is Discontinued, you will automaticaiiy . be moved to Performance Plus (6Mbps/1 Mbps) $59.95 Performance Lite (4Mbps/384Kbps) for Digital Voice customers $42.95 Performance Lite for Digital Voice Customers is Discontinued, you will automatically be moved to Performance Plus (6Mbps/1 Mbps) for Digital Voice Customers $42.95 Performance (6Mbps/1Mbps) Performance (6Mbps/1 Mbps) for Digital Voice customers . _. ,_. $59.95 .,_$52.95 Performance (6Mbps/1Mbps) Performance Plus (BMbps/2Mbps) for Digital Voice customers *_._ $59.95 _...,,_ $52.95 $69 95 Performance Plus (8Mbps/ 2Mbps) Performance_ Plus (8Mbps/21M for Digital Voice customers $67 95 $62.95 Performance Plus (BMbps%2Mbbs) Performance Plus (8Mbps/2Mbps) for D!grtal Voice customers ''Blast! $52.95 $69.95 "Blast! (16Mbpsi2Mbps) "Blast! (16Mbps/2Mbps) for Digital Voice customers $67.95 $62.95 (16Mbbim6ps) "Blast! (16Mbps/2Mbps) for Digital Voice customers $52.95 If you have any questions regarding these changes, or for information about any Comcast products, please call 1- 866 -660 -6137. ( comicas1 Sincerely,. Comcast 10/08 X -2571 ` Comcast Performance (6Mbps/1 Mbps) combined with Digital Voice is still available on December 1st at the new rate of $42.95 per month. " Comcast BlastTm not available in all areas. All prices are per month charges and do not Include applicable regulatory, FCC user and franchise fees, or federal, state and local taxes. To receive the Comcast High•Speed Performance speed enhancements after December 1st, you may need to reset your modem, Comcast Nome Nelworking Gateway or eMTA. You can reset your modem or Comcast Home Networldng Gateway by unplugging It from the electrical outlet for 60 seconds and plugging it back in. If you have an eMTA it can be reset by depressing the "reset" button located on the back of the eMTA using a paperclip or similar object until the lights on the front of the unit go off. After the lights turn off release the reset button and waft for the eMTA to complete its reset. It make take up to five minutes for the eMTA to reset. � �5 Town of Reading Street 16 Lowell Reading, MA 01867-2685 L �C�C� FAX: (781) 942 - 5441 RECREATION DIVISION: (781) 942 -.9075 Reading Men's Softball League c/o Dennis Gray 6 Lebel Road Danvers, MA 01923 November 7, 2008 Dear Dennis, I am enclosing the check RMSL sent as a donation toward a scoreboard at the Birch Meadow Complex. The Board ofSelectmen needs to approve the final plan before they can accept any donations toward any part of it.. A scoreboard is in the current plan for both Morton Field and the Lighted Softball Field. Until the master plan is accepted by the Board of Selectmen, there are no guaranteed commitments by the Town to any component(s) of the master plan. Thanks for the generous offer. I hope you can hold on to the funding until the plan is in place. I will let you know once a public hearing has been set. Cc: Town Manager Recreation Committee Page 1 of 1 z-/c- dos Schena, Paula From: Hechenbleikner, Peter Sent: Monday, November 03, 2008 8:33 AM To: 'Kerry Dunnell'; 'Deborah Gilburg' Cc: Schena, Paula Subject: FW: World Cafe I/c Board of Selectmen From: Julia Novak [ mailto :jnovak @managementpartners.com] Sent: Monday, November 03, 2008 8:29 AM To: Town Manager Subject: World Cafe Hi Peter I just wanted to send a note to tell you how much I enjoyed reading the article about the "World Cafe' model you used in Reading for community conversations. Sounds very successful! It reminds me of a process we use called a Future Search or Search Conference — there aren't too many folks brave enough get that many people in one room. I really applaud your efforts. It was nice catching up with you at the NE Regional Meeting earlier this year. Hope all is well. Julia Julia Novak Regional Vice President Management Partners, Inc. www.managementpartners.com 513 -861 -5400 - office 513- 309 -0444 - cell 513- 861 -3480 - fax 11/3/2008 q c- 6os �N OFRFgO HEADQUARTERS IM, ,b READING FIRE DEPARTMENT w° Reading ' Massachusetts 01867 ,639 +INCORQ�p'P� GREGORY J. BURNS, Chief . 757 Main Street BUS. Phone: 781- 942 -9181 STA. Phone: 781 - 944 -3132 Fax: 781- 942 -9114 Press Release Reading Fire Department's New Ladder. Truck Date of Event: Monday, November 10, 2008 Hours of Display: 6:45 p.m. to 7:30 p.m. Location: Reading Memorial High School The Reading Fire Department will be taking delivery of a replacement ladder truck on Thursday, November 13, 2008. Reading's new ladder truck is a 2008 Seagrave Force heavy duty rear -mount aerial. Town Meeting Members will have an opportunity to see the new truck before it goes in service at the Subsequent Town Meeting scheduled for Monday, November 10, 2008 at the Reading Memorial High School. The truck will be on display in the parking lot from 6:45 p.m. to 7:30 p.m. A ladder truck is a highly specialized vehicle intended to provide equipment, tools and access for Firefighters to a vast range of emergency scenes including but not limited to fires, motor vehicle accidents, medical aid requests and structural collapse. The ladder truck is equipped with an aerial ladder, tools and equipment to enable Firefighters to rescue trapped victims, ventilate burning buildings, treat injured or sick patients, provide emergency scene lighting and protect property from damage. Contact: Chief Gregory J. Burns 1, , �� 0, ni m Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, November 10, 2008 8:55 AM To: Schena, Paula Subject: FW: Telephone Poles I/c Board of Selectmen Please set up a meeting with Brad Jones, Camille, Vinnie and myself to talk about what we can do — and the goal would be to then set up a meeting with Verizon. Pete From: Hechenbleikner, Peter Sent: Monday, November 10, 2008 8:53 AM To: 'RBHolt85@aol.com'; Reading - Selectmen; jfoti@rmld.com; Technology Cc: Richard.Tisei@state.ma.us; PatrickNatale@hou.state.ma.us; 'Vincent.Cameron@rmld.com' Subject: RE: Telephone Poles The law requires transfer of all attachments to new poles within 90 days. Unfortunately there is no enforcement provisions in the law — no fine that can be levied etc. We are in the process of figuring out what we can do globally (throughout Town) to address this issue. A proposed bill that would allow individual Towns to set up a fine, failed in the last legislative session. We do not believe that there are structural issues with the double poles — Verizon has a lot of experience in doing this unfortunately, and I am not aware of any failures. But I certainly agree with you that they are extremely ugly. I am copying this tot the RIVILD t make sure that none of them are their fault _ I don't believe that they are. Pete From: RBHolt85@aol.com [ma I Ito: RBHolt85@aol.com] Sent: Friday, November 07, 2008 5:33 PM To: Reading - Selectmen; Hechenbleikner, Peter; jfoti@rmld.com; Technology Cc: Richard.Tisei@state.ma.us; PatrickNatale@hou.state.ma.us Subject: Telephone Poles Good afternoon - I'm not sure who the appropriate contact is to resolve this issue, so I am addressing this to anyone who might be able to help. 11/10/2008 Page 2of2 When ie the equipment on the old telephone poles going toba switched hu the new poles? Currently, it appears that every telephone pole that has been replaced over the few years (on my street and throughout the town) still has the old pole attached hoitato precarious angle. Not only do| question the safety of these "etruoiunan". but they are extremely unsightly. Does the State/Town have any control over the work Verizon performs, especially ontown Are these "hanging poles" violating some sort of code? Thank you. Rhonda Holt 4O Fairview Ave. Reading, MA 01867 (781) 944-0371 /\O[Se@[Ch: Your one stop for directions, recipes and all other Holiday needs. Search Now. /http:/6p[@twOl8.DUrn/pr00Oclk/100000075X1212792382x12007Q8498/aOl? red iF=hffD://G8@[Ch b log. aO1.00Ol/20 08/11/04/hGDDV-hDIid@VG-frO0O-8OI-Se8FChy7 nCid=zenliCO[u8S8@d]O000001\ ll/IO/20O8 Poval of C /~. Hechenbleikner, Peter From: Julie Kaufmann Ukaufmann@oonno>kyl|c.con] Sent: Thursday, November 13.2OO81:23PK4 To: Town Manager Co: rep.bred|eyjoneo@hou.atate.ma.ua; rho|ynvv@vehzon.net Subject: Cedar Glen Attachments: EQRReading.pdf As discussed h« William Griffin, attached please find @ letter stating our intent kJ purchase the Equity Residential portfolio and to keep the properties affordable. Julie Kaufmann Director of Operations ' ll/}3/2008 n n o I ly acid Partners. I-ILC November '12, 2008 Town Manager Peter Hechenbleikner Reading Town Hall 16 Lowell Street Reading, MA o1867 Dear Peter Hechenbleilmer: RE, Cedar Glen, 2 Elderberry Lane, Reading, MA Connolly and Partners, LLC intends to submit an offer to purchase all. fourteen properties contained in Equity Residential's Bay State Affordable Portfolio (1281 units), including the abovementioned property in Your town. Further, it is our intention that the entire portfolio remain affordable for perpetuity, and that as the buyer we assume the existing regulatory agreements for all fourteen properties. The above commitment to affordability for perpetuity and the assumption of the regulatory agreements there-fore applies to Cedar Glen. The above commitment to affordability in perpetuity and assumption of the regulatory agreements will be memorialized in the closing documents, and recorded at the Registry of Deeds, If you have any questions, please call me at 617-523-8600 Yours, William M. Connolly cc: State Representative Brad Jones Executive Director Lyn White, Reading Housing Authority William Griffin, Griffin Real Estate Services 8 Fanelli] Hall Nfla 1-ketplace Boston. Massachusetts wn,oq 6-i-.5213.8600 6 :t�,523.86-->oiax Hechenblefter, Peter Page 1 of 2 L � C 9,�- From: Lee, Michael Sent: Thursday, November 13, 2008 12:08 PM To: 'cmartin @reading. k1 2.ma.us'; 'MTHS HANNON @hotmail.com'; Karen Callan (kcallan @reading.k12.ma.us); 'rwoburn201 @comcast.net'; Jduffy2000 @aol.com'; 'esprung @reading.k12.ma.us'; 'BirchMeadowPTO @gmail.com' Cc: 'camc48 @com cast. net'; Barbara Heinemann; Catherine Giles; Christina Copeland (ccopeland @reading.k12.ma.us); Croteau, Courtney (EOT); Doug Lyons; Principal Parker; Patricia De Garavilla ( pdegaravilla @ reading. k12. ma. us); Richard Davidson (rdavidson @reading.k12.ma.us); Sue Menenello; Wood End PTO Subject: Meeting of the Minds. Attachments: Lee, Michael.vcf Good day all, If you don't know who I am, I am Mike Lee, the Safety Officer here in Town. I am trying to get a meeting together with School representative (s), along with PTO member(s) from each school so we can discuss ways to make walking/ biking to school (either all the way or drop and walks) more appealing to the parents of the children. Did you know that what use to be referred to as Adult onset Diabetes is now reverting back to its proper name, Type 11 Diabetes, because we are seeing a huge increase in children developing this disease. Some studies show their life expectance if diagnosed before age 15 is decreased by 27 years, numerous articles state that this is the first generation of children you are not expected to live as long as their parents. (http://www.diabeticmctoday.com/HtmIPages/DMC1105/DMC1105 Ross.pdf); (http : / /www.dlife. com /dLife /do /ShowContent/diabetes news /news archive april 2006 /diabetes_ newsarticle040506 type2 diabete But we all know this. One of the way to help curb this increased in Diabetic kids is to get them more active; walking to school even for a short distance ( Id don't mean from the car to front door of the school which is usually <50 feet) I am talking a nice 5 to 10 minute walk, both picking up and dropping off. I would also like everyone to hear each schools problems, because they may be similar to other schools problems and together we can all figure out a way to lessen the problems. I would love to see walking /biking come back to being the "in thing" to do and have drivers so use to seeing people and kids walk, that they expect it to happen and know which are the high walking areas and become more attentive drivers. I know this is way, way, way in the future, but we have to start somewhere. Also as a way to introduce Safe Routes to School (SRTS) program to those that might not know of it and bring up additional information for those that are aware of the program. This is also a way for you all to meet our new Rep. I don't have a time limit for how long the meeting would go, this would depend on your questions and level of interest. There are many resources and ideas that SRTS can offer schools. I'll get off my soap box. I would like to find a time and date that is convent for as many people to show up as possible ( at a minimum I would like 1 person per school, either a PTO member or a School Rep, just to get he info out so that we can spread the word to the parents). I will hold the meeting here in the Police Station Community Room. I am very open to a time and date. I realize that a number of you work during the day, please let me know: 1) that you got this 2) who the appropriate person in your organization is (if it isn't you) to contact about this (i.e. safety person from PTO, SRTS contact, etc) 3) Is this something you are interested in participating in 4) Your availability 5) Current Issues you are facing and what, if anything, you have done to "fix" the problem. 6) Anything else you think, we as a group, can discuss. , Thanks you all for taking the tie to read this and I look forward to hearing back from you. 11/13/2008