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HomeMy WebLinkAbout2008-08-26 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, August 26, 2008 • The Board of Selectmen has received information on a potential LIP on North Main Street. I have asked the applicant to come in and discuss the proposal in concept form with the Board of Selectmen when they have digested the DRT comments from staff. Town Counsel advises that LIP's are still allowed under the new 40B regulations. • Kennel Licensing fees may be set by the Board of Selectmen • West Nile Virus has been found in 2 birds in Reading. The East Middlesex Mosquito Control Project will be controlling mosquitoes in Reading using truck mounted aerosol sprayers on Tuesday, August 26th and Wednesday August 27th between dusk and 11:30 PM. On Tuesday, spraying is scheduled for neighborhoods that are located east of Main St. in the vicinity of Dana Rd., Wakefield St., Charles St., Salem St., John St., Ash St. and Hopkins St. On Wednesday, spraying is scheduled for areas in the vicinity of Rustic Lane, Batchelder Rd., Franklin St., Sanborn Lane, Van Norden Rd., Forest St., Grove St. and Lowell St, between High St. and the Wilmington border. Spraying is also scheduled for neighborhoods off West St. between Winslow Rd. and the Wilmington border and Summer Ave. between King St. and Willow St. The Project uses a spray formulation containing the pesticide, sumithrin, to control mosquitoes. Sumithrin is a synthetic pyrethroid that is classified as a slightly toxic pesticide by the EPA. Mosquito control applications of sumithrin do not pose a significant risk to people or their pets due to the low toxicity of sumithrin and the small amount used to control mosquitoes. As with any pesticide, people should minimize exposure. If residents see a spray truck approaching, they are advised to go indoors for a couple of minutes while the spray dissipates. Residents are also advised to close windows facing the street. ® Reading has been successful in its application for a Suburban Mobility Grant which will provide a van service in the community. We are working on the details of implementing the grant. There is a local match for this 3 year grant. • We have been awarded an REI grant for construction of the viewing platform in Bare Meadow. The Trails Committee will begin planning. We hope to have a volunteer work day in the fall to assemble the pieces. • Double Poles - status of legislation • Curbside Leaf Collection schedule • Week of November 3 • Week of November 17 • Week of December 1 • Scotland Road work by DPW is completed • Tannerville project - RHA, Engineering, and Highway Divisions. • Turf Field - Erosion and silt barrier is installed, Stormwater Pollution Prevention Plan (SWPPP) has been filed with EPA. Contractor is moving equipment in today and will most likely start excavation before the end of the week. Notices were sent to abutters on Morgan Park and Temple,. school was at pre-construction meeting • Parker Drainage - DPW began clearing brush last week, started dredging on ditch Monday. Have completed approximately 200 linear feet or 20% of project. • Tennis Courts - As of yesterday we still have not received verification if the paving subcontractor was going to replace the courts finish surface out of pocket or go through his insurance company. As for completion I doubt they will make the end of September. If they start next week (holiday week) and finish re-paving by the 10th they have to wait 2 - 3 weeks before they can apply the court color surface. That will put us into the first of October and they would need good weather for the surface treatment. The hearing of an appeal by BUSA's liquors of the Board of Selectmen 2 day suspension for selling to a minor is scheduled for September 3. School starts for students in Reading this Thursday, August 28. Best wishes to the School Department, staff, parents, and students for a very successful school year. Drivers, please be aware of students walking in the area of schools and on their way to school. Dates and Events: o August 28 - first day students are back in school ♦ September 16 - State Primary Election ♦ September 20 - Household Hazardous Waste Collection - Wakefield HS ♦ September 23 - Subsequent Town Meeting warrant closes ♦ October 14 - Selectmen's Forum ♦ October 15 - Financial Forum ♦ November 4 - Election Day ♦ November 10 - Subsequent Town Meeting ♦ November 11 - Veterans Day D Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, August 25, 2008 8:50 AM To: Reading - Selectmen Cc: Schenb, Paula; Roberts, Carol; Schettini, Pat; McNamara, Erica Subject:' FW: RCASA position - special municipal employee Attachments: c.268A, sec. 20(c) and (d). disclosure - special municipal employee.pdf Board Members I will have a motion on Tuesday to designate the position of Community Outreach Coordinator/program coordinator as a Special Municipal Employee. We have found 'a very good person for this position, and have not had many applicants. Pete C Board of Selectmen From: Ellen Doucette [mailto:ecdoucette@brackettlucas.com] Sent: Friday, August 22, 2008 5:42 PM To: Hechenbleikner, Peter Subject: RCASA position - special municipal employee Peter, This email is a follow up to our telephone conversation this afternoon, and to supplement my August 12 email regarding a conflict of interest question concerning a part time school department employee who applied for the part time RCASA position. It has been determined that the school dept. employees is qualified for the position (in fact the only qualified candidate who applied), and the town would like to appoint her. As I stated previously, there are restrictions on the ability of a municipal employee to hold more than one positions with the town. One restriction states that the second position could not require more than 500 hours per calendar year and therefore, the school dept. employee could not meet the criteria for an exemption under c.268A, sec. 20(b) because the RCASA position is 19 hours per week (988 hours a .year). You have now inquired if it this issue could be resolved by having the Board of Selectmen designate the RCASA position as that of a "special municipal employee" thus, providing for an additional exemption under c. 268A, sec. 20 which would permit the school dept. employee to accept the position. I hve determined that the answer to that question is yes, if the Board of Selectmen. designate the RCASA position as a "special municipal employee", the school dept. employee could accept the position provided that she files a disclosure of her interest with the town clerk and voard of selectmen. As you know, it is the position not the person who holds it, that is designated as a "special municipal employee". Positions are eligible to be designated for "special municipal employee:" status if they are unpaid; or they are part time thus allowing an employee to work another job during regular working hours; or, if the employee holding the position was paid for not more than 800 working hours in the preceding 365 days. If the RCASA position allows the holder thereof to work another job during regular working hours, it may be designated a "special". I initially had some concerns because of the last criterion, "the employee was not paid more than 800 working hours in the preceding 365 days". which I find to be curious wording since the position is designated, not the person, and this language seems to confuse the two. In any event, the qualifications for the designation are written in the disjunctive, "or", so only one needs to met. 8/25/2008 Page 2 of 2 The process for designation is specifically described in the statute ny " a vote of the board of selectmen, ...The designation may be made by a formal vote at any time. Votes should be taken individually for each board or position being designated expressly naming the positions being designated. Once a position is designated as having "special" status, it remains a "special municipal employee" position unless and until the classification is rescinded." Notwithstanding that a position is designated "special muncipal employee", the employee occupying that position must still comply with the provisions of c.268A, Sec. 20(c) by filing a disclosure of financial interest or (d) filing a disclosure and having the selectmen approve the exemption. Disclosure forms are attached hereto. Regards, Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 165 Washington Street Winchester, MA 01890 (781) 729-1500 (781) 729-5444 Facsimile 8/25/2008 0 Print Form _ I DISCLOSURE OF FINANCIAL INTEREST BY SPECIAL MUNICIPAL EMPLOYEE AND APPROVAL BY OF EXEMPTION AS REQUIRED BY G. L.C.268A,,§20(c) AND §20(d)* Note: You are eligible for this exemption only i you satisfy the requirements of a "special municipal employee," G.L. c. 268A, §1(n), as follows: • you are a selectman in a town with a population of ten thousand or fewer persons; OR • you are not a mayor, a member of the board of aldermen, a member of a city council, or a selectman in a town with a population in excess of ten thousand persons; AND • you occupy a position for which no compensation is provided; OR • you occupy a position which, by its classification in the municipal agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours; OR . • you do not earn compensation as a municipal employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days; AND • your position has been expressly classified by the city council, or board of aldermen if there is no city council, or board of selectmen, as that of a special municipal employee Name l itle or Position: Agency/Department: Agency Address: Ottice Pnone: Contracting municipal agency: Contract is Tor (Attached additional pages if necessary): Financial interest of employee and immediate family (Attach additional pages if necessary): Employee Signature: Date: APPROVAL OF EXEMPTION (needed for §20(d)) The city or town council, board of aldermen, or board of selectmen approve this exemption from §20. Signature: Date: After disclosure (and approval, if needed) are completed and signed, file this form with the city or town clerk. Attach additional pages if necessary. M// MASSACHUSETTS MUNICIPAL ASSOCIATION August 21, 2008 Dear Mr. Bonazoli, r cap, ? . s,c ONE WINTHROP SQUARE, BOSTON, MA 02110 617-426-7272 • 800-882-1498 • fax 617-695-1314 • www.mma.org 70l8 AUG 2 Z All 11 t U 4 The Massachusetts Municipal Association (MMA) is pleased to announce the third annual MMA Statewide Essay Contest for 6th Graders. This initiative raises public awareness, promotes the attributes of good local government and encourages future leaders of Massachusetts to take an active interest in their community activities. "If I were elected leader of my community, I would make a difference by..." What: The MMA invites 100 cities and towns to participate in the 2008 contest. We are sending this letter to the chief municipal official in each community and the first 100 communities to respond will participate this year. Last year, the MMA received over 2400 essays from the 75 participating communities. We are looking forward to an even greater number of participating communities in 2008. When: Complete the enclosed commitment sheet and return it to the MMA by September 12. In September, the MMA will send you, your superintenderit and your 6th grade principals an essay contest kit, which will include the essay contest form, a study guide on local government and a contest poster. We will be asking your school leaders to distribute the essay materials to all 6th graders. Students can also access materials via our website: www.mma.org. Why: The essay contest is fun for students and demands little time or preparation from the teacher. It is viewed as an independent student project but can be incorporated into a teacher's lesson plan. The MMA is available as a resource to any teacher, school or municipal official. Who: All sixth graders in your public schools are invited to participate. The MMA will award savings bonds to three students. The overall winner will be invited to the MMA's Annual Meeting & Trade Show, January 23-24, in Boston. Every student who participates will receive a participation gift. In addition, all teachers who participate will be entered into a random drawing for a prize. The contest deadline for students is November 7th. If you have any questions, please contact Essay Contest Coordinators, Ellen Stoolmacher or Kristi Williams at (800) 882-1498. We are excited to engage and encourage students to think creatively about local government. We hope you will join our effort by signing up your community today! Thank you for your time, interest and leadership. Sincerely, Geoffrey Beckwith Executive Director Massachusetts Municipal Association Gloucester City Council President Bruce Tobey President Massachusetts Municipal Association "This sixth grade essay project was a wonderful opportunity to connect middle school youngsters in Reading with their community and its local government. It was an assigned project for all 6th graders in the community. "The top essay in Reading was read by its author at a Board of Selectmen meeting, and the essay and photos made page 1 in the daily and weekly local newspapers, as well as being broadcast on local cable TV. This was another great example of Town/School collaboration in Reading. "This was definitely a worthwhile effort, one that -we are looking forward to repeating for many years to come." - Peter I. Hechenbleikmer, Reading Town Manager and Massachusetts M Nfimwhusem Municipal MIIA Association raterlmd can uon One Winthrop Square, Boston, MA 02110 www.mma.org and www.emiia.org uragQ SVIO~ ~o ~Udeh'~S , v1e 00 : ou!%# Y wpwx- he erict aid re~vrhAri~ blrr~ YOU' v'~lY 121b, you are ev►a . hvat °~,~t~'~'t~►9 Y00 b Se~~ew►be~t M~sthtr ah '~Y c eN~' f°~~' Y ° to tN the M c®w~~t'~~ arltc~pa Way G°»,eSt. teachers 1° p Your fth Grade e ~o~~uni~Y out . hat they would do t cials dQ~~s Wttt us egplaxn' ocal offi ydug Stu s~d~nts munity. L or_less, eir cow of t~°ught~ ted ;ncexity overument. In 3®0 words er of tr c dead ~ vvxe ele- , clarity of local $ s on, if they a essay eea and nderstanding ~ndg ex use of %ran"n'ar Px°p e t11 vdzeS to three essays' and ~S> IOla: Led for the p it icture cp ou the NMX Your s~~~e : es were war s bonds and th ani Last year, p rved savant Beacon Hers reee~ , the January at the ntary three Her was honored exe f eared lu a comp essays w st place wu' a revel tickets to si the Sh°w` The ade dxnne 'Web and Tr te' otel, She world eetin annual NI the raton d his fa'ly}e dd a er sexry fxoan self an inner Sped S layer• hotel r®°ginner for hy Ni$htpFriday ni% t ht forme d fr oo anno nuncer and series scorS Bed gemy~ rE - }pt101s t4 ~ 061n a use Over_ t y 91 Z. aCISQ B --~'T Allows A d open $pac el by CO p `$usiness xesideil fial, on OR 6e salae from ~e CPI C _ 1 o together llowed' specialpe'rm a Residenllal Use '-chute Schools= hospital or b-y uasl-public use? ahoy~,ed lowed by RubUc~Q. Nursing Pem".t' `Special ~er services cons ts), office, t g,tail sales= mcludeS xestaux wholesale ? tltut B lriess Use? fma cial i~as "place of b . ess;.hotel;.P al assembly=veter~r y'a auto sales, busiaess, garage= service station, rep lot, excial PaTt-m% cations coxnm ercial co eClal PWit= etc. COQ g stroc~e by park~n9 pfordabi H°uin istrictI ~rvwth 4OR { Spurt exc meows aaa o~ spaces oa resideatl ht the same p~cTo s 40R al provided e net. Site Reiew xeq' ~1~ v ~ p up to j00 sq. ! 1 space AJV&is Per uxut to 1100 sq it U ~ 2 nits up r u~t 3 le, pae it es per 1,040 q•~0()o sq. office=1.5 spaces P ft retail. _ ~---~es at least 2% of R ~ r eats No re~em 1 I ) residential units to be affordable to those earning 80% of area median household income, OR fee in lieu of units. Minimum lot area None 10,000 sq. feet Maximum floor area ratio None .8 Minimum frontage None 40' Maximum front yard None required 20' (no min. requirement) Maximum lot coverage .85% 406/o Maximum building height 45' 42' Minimum rear yard None 15'. No side yard, but 15' separation required between each building in the development. Minimum landscaping None 25°/6 of lot landscaped Demolition Delay? Yes Yes Design Guidelines apply? No No To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines Yes Yes t~-)p Gwjuc SCALE 60' 00' O, SD' 48t inch = 20 tL KS S EA MASSACHUS D TOWN OF R OF PU6llC WOR ENT DEPARTM GOULD STREET ROADWAY IMPROVEMENTS 2008 - 45 A0N 51RfCT pR4Y£WAY WENiNG PATE: APRIL 20, 2P08 tN = TO E( t G AUGUST 25. G III ED ffl: LAC OES~GN AUGUST 15, 2009 -CURB 4004flCATON FNGINEEA~µt: Ory SpN OR OP.W. DRECT E JR NoalrICATON -CURB JULY 25. 2008 ' . wuNB EpWARO O. GEORGE j. 2AU80UR0.5. P.E 10WN LNGINELR .NNE }P. 2000 - LURE BELOCARON Cal Q t/ 7 GEORGE ZAMHDURAS CIVIE n 836230 GRAPHIC SCALE 0' 10 20 30 ( IN FEET ) I inch = 10 It. GEORGE J. ZAMBOURAS. P.E. READING TOWN ENGINEER TOWN OF READING MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 40' _ 45 ASH STREET - DRIVEWAY OPENINGS - SCALE: 1 IN = 10 FT DATE: AUGUST 25, 2008 DRAWN 8Y: AGM - ENGINEERING DIVISION j _ EDWARD D. MCINTIRE JR, DIRECTOR D.P.W. GEORGE J. ZAMBOURAS, P.E. TOWN ENGINEER DRAFT -November 10, 2008 Subsequent Town Meeting WARRANT OUTLINE 08/25/2008 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 1 Reports Board of Selectmen • State of the Schools • RMLD Aiuuial report ~In~tructiun~ (d"S~lccim~n 3 Amend Capital Improvement Board of Selectmen Program FY 2009 - FY 2018 4 Amend FY 2009 Bud~_~c•t 1 I > I • 5 Payment ofpriw L:~trs bills 6 Establishment of a Stabilization Board of Selectmen Fund - 40R 7 Transfer unexpended debt proceeds to Board of Selectmen water reserves. 8 Approval of revolving fund - Board of Selectmen Suburban Mobility 9 Authorize Debt - Energy Board of Selectmen Improvements ]U ~LIIII rIiC 1)c b"- J~ ri~1~ 1 U~l cIIIICII 11 Authorizing Debt - Curb, sidewalk, Board of Selectmen and pedestrian improvements 14 Accept "Small Personal Property Board of Assessors Accounts - property tax exemption" G. L. Ch.59 5(54) added by Ch. 159 114 of the Acts of 2000 Njcct ~1 uI' -ClcculluI (P OFRPgO~ti Robert W. LeLacheur, Jr., CFA b •b Assistant Town Manager/ Finance Director r 635+WCO4Y0¢ (781) 942-6636 Town of Reading 16 Lowell Street Reading, MA 01867 FAX: (781) 942-9037 August 25, 2008 Reasons to raise the personal property minimum to $2,000 per account > Cost of collecting these taxes exceeds the revenues > June 3, 2008 - Board of Assessors votes to recommend this action 2-0-0. FY08 statistics 364 accounts with values over $2,000 each Total value $22,063,670 Average value $60,614 Taxes assessed $278,002.24 Average taxes $764 235 accounts with values $2,000 or less Total value $224,630 Average value $956 Taxes assessed $2,830.34 Average taxes $12.04 Cost to collect is $44 per account, from the Board of Assessors Cost of collecting 235 accounts with values $2,000 or less is $10,340 per three year cycle, or $3,446.67 annually Savings is $616 annually by not collecting these small accounts 287 accounts with values $3,000 or less Total value $353,020 Average value $1,230 Taxes assessed $4,448.05 Average taxes $15.50 Cost of collecting 287 accounts with values $3,000 or less is $12,628 per three year cycle, or $4,209.33 annually Cost is $239 annually by not collecting these small accounts J Page 1 of 1 Hechenbleikner, Peter From: Jack & Peg Russell Uhrx642@comcast.net] Sent: Saturday, August 23, 2008 12:55 PM To: Reading - Selectmen Cc: Hechenbleikner, Peter Subject: Upcoming Warrant Articles concerning Baldwin Lane Extension Dear Selectmen: This concerns the planned warrant articles concerning the acceptance of the Baldwin Lane Extension as a public way. I'm writing as a Town Meeting Member from Precinct 8 and a backyard neighbor of Bill and Lucy Hibbard who are directly affected by the planned articles. My understanding is that three articles are being considered. The first is the actual acceptance of the Baldwin Lane Extension. The second is a realignment of the original Baldwin Lane right-of-way to eliminate the cul-de-sac that originally was the terminus of Baldwin Lane. The third is an allocation of the land from the old cul-de-sac to the abutting lots. There is no problem, to the best of my knowledge, with the first article. There is, however, a problem with the second (and third) article in that realignment of the right-of-way automatically makes the Hibbard's lot non-conforming. since they will not have sufficient frontage on the re-aligned right-of way. The stigma of a lot being non-conforming looms large to any future buyers and also clouds the issue for any future modifications or alterations the Hibbards may want to make. The Hibbards feel that being made non-conforming throuah no fault of their own, after 40 years of conformity, is arossly unfair. I fully agree. I have checked with the Town Engineer as to what is the benefit to the Town by realigning the right-of-way rather than just leaving the current alignment as is. He indicated that there was no real benefit to the town and that the current configuration of the roadway and the current land use would be unchanged with or without the paper realignment. I request that you'do not include the second and third of the planned Baldwin Lane articles in the warrant for the subsequent Town Meeting in November. The Town loses nothing and an unjustified penalty to a long-time Reading family is avoided. Please let me and the Hibbards know if, for any reason, the paper realignment MUST be placed on the warrant and go before Town Meeting. I think that the probability of Town Meeting voting it down is high but, due to the vagaries of Town Meeting, we would feel much better if the realignment question was not put before them. Thank you for your consideration. Very truly yours, John H. Russell cc: Bill & Lucy Hibbard I am using the free version of SPAMfighter for private users. It has removed 1356 spam emails to date. Paying users do not have this message in their emails. Try SPAMfiahter for free now! 8/25/2008 Ig Massachusetts Department of Revenue Division of Local Services Navjeet K. Bal, Commissioner Robert G. Nunes, Deputy Commissioner & Director of Municipal Affairs Bu."letin 2008-09B DEMAND CHARGES / Ci- TO: 01 Assessors, Collectors, Finance Directors, Mayors, Selectmen and City/Town Managers FROM: Robert G. Nunes, Deputy Commissioner & Director of Municipal Affairs DATE: August 2008 SUBJECT: Setting Demand Charge for Delinquent Local Taxes This Bulletin explains an outside section of the fiscal year 2009 state budget that relates to the charge imposed on taxpayers when a local tax collector issues them a demand for payment of delinquent taxes. St. 2008, c. 182, § 15. This change tools effect on July 1, 2008. As you know, the collection costs unposed on delinquent local taxpayers are found in G.L. c. 60, § 15. These charges are fixed amounts that are added to the outstanding tax by law, not at the discretion of local officials. The collector may only waive accrued interest and collection costs where the total amount accrued is $15 or less. Under the amendment made by outside section 15, G.L. c. 60, § 15 now provides that the charge for issuing a demand is "not more than $30." Previously, the charge was $5. However, the amendment does not include any language indicating that the collector is to determine the actual amount to be charged within the $30 limit. Absent that direction, we think the amount must be set by each city or town based on the procedures that govern setting fees and charges in that municipality. As a general rule, the power to set fees and charges resides in the municipality's legislative body unless otherwise provided by statute or charter. Therefore, your town meeting or city or town council will have to fix the amount to be charged for demands issued by the collector unless a general or special law or charter provision authorizes the collector or other officer to set it. The Division of Local Services is responsible for oversight of and assistance to cities and towns in achieving equitable property taxation and efficient fiscal management. The Division regularly publishes IGRs flnformational Guidellne Releases detailing legal and administrative procedures) and the Bulletin (announcements and useful Information) for local officials and others interested in municipal finance. Post Office Box 9569, Boston, MA 021149569, Tel., 617-626-2300; Fax: 617.626.2330 http://www.mass.govldls 4~ -2- With respect to general laws, if a city or town accepts G.L. c. 40, § 22F, then boards and officers may set certain fees and charges related to their operations instead of the municipality's legislative body. Demand charges, however, do not appear to come within the fees and charges that may be set under that statute. It applies to fees and charges for licenses, permits or certificates issued, or services rendered to or work performed for persons, by municipal boards or officers, i.e., regulatory and user fees and charges paid by members of the public in exchange for receiving a particular privilege, benefit or service from the municipality. Demand charges on the other hand are not paid voluntarily in order to receive a particularized benefit or service. They are imposed as part of the collection process to ensure that the municipality receives the money it is owed. The charge established by the municipality under the applicable local procedure applies until the time another amount is established under that procedure. Where that procedure requires a town meeting or city or town council vote, the following or similar language may be used: VOTED: That the city/town charge for each written demand issued by the collector a fee of $ to be added to and collected as part of the tax, as authorized by Massachusetts General Laws Chapter 60, Section 15, effective as of , Any questions you have on this matter should be directed to the Division's legal staff at 617- 626-2400 or DLSLAWndor.state.ma.us. (0