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Home My WebLink About2007-09-04 Board of Selectmen PacketOFRFq~f~ Town of Reading ~o x ~wo .16 Lowell Street 639INCORYa Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12, 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget process a better one. There were a number of comments at the end of the budget process last year that this is a very much improved process. 4e) I will be making a presentation on the current status of RCASA. Members of the coalition may also be present. 4f) I will provide you with an updated Action Status Report. 4g) Enclosed is an outline of known Articles for the Town Meeting Warrant. The Board will need to decide whether or not they wish to pursue an amended Sight Triangle Bylaw. The Warrant closes on September 25, 2007. PIHIps IT ..A-v ~0, Town of Reading 40R Application Comments Board of Selectmen Comments - First page under Summary Information should say "Yes" for "Area of Concentrated Development - City/Town Center, Existing Commercial District" not "N/A." - A "perpetuity clause" should be inserted in the draft By-Law to ensure that the affordable units remain affordable in perpetuity. - The Design Standards section of the By-Law will need to be expanded. - Adoption date of the Reading Master Plan should be more obvious. - Include a "finishings clause" in the draft By-Law to ensure that both the non- affordable and affordable units in a development have the same kitchen and bathroom finishings. - In the By-Law, references to "Southern Essex" should be changed to "Middlesex." Community Planning & Development Commission Comments Application: 1. The Table on p. 2 shows "N/A" for Number of Future Zoned Units. There should be a number in "Affordable Multi-Family Units". 2. "Area of Concentrated Development": double-check the definitions and on page l; It's possible that the site could be categorized as an Area of Concentrated Development. Draft By-Law: 3. p. 10 4.11.7.2 Table of Dimensional Regulations. 10' set backs may be insufficient. Consider including the buffer zone in the Table. 4. Parking spaces for each dwelling unit. Confirm that this is adequate/standard. 5. 4.11.10.6 page 15, reference to Southern Essex Registry should be Middlesex 6. Section 4.11.11.2.1, p. 17 add that the submission should also be electronic, either PDF or CAD. 7. At 4.11.11.2.4, p. 19, specifically request review by the Reading Design Review Team. 8. 4.11.11.4 specify that the Administering Agency has to communicate in writing to the Community Planning & Development Commission that the affordability is consistent with state or federal guidelines, etc. 9. Add a requirement for a pre-construction conference with staff and a pre- Certificate of Occupancy meeting with staff. 10. 4.11.14.1 The definition of "Minor change" may not be adequate. This needs more thought. . .11. The CPDC understand that the design guidelines need to be developed, but there is a lot missing from the section on Minor Change, such as dumpster screening, fencing, sidewalks, walkways, lighting, signage, shade trees. ~c' Fax: (781) 942-5441 Webshe: wwwxixeading.ma.us Town of Reading 16 Lowell Street Reading;-:1V1[A 01867.2683: James and Tamsen Almeida 63 Springvale Road Reading, MA 01867 Dear James and Tamsen Almeida: During a recent inspection in your neighborhood, the Town discovered an issue regarding the fence that was installed in front of your home. This fence is, in fact, on the Town of Reading's roadway layouts of both Springvale Road and Overlook Road. The Town of Reading does not, allow homeowners to construct fences, walls, or any permanent structures within the Town's right-of-ways. Therefore, the Department of Public Works must ask you to have this fence removed from the Town's right-of-ways before December 15, 2007. This decision can be appealed to the Board of Selectmen by typing an email t6 the Town Manager at ohechenbleikner@ci.readina.ma.us or by writing a letter to the Town Manage at the following address: Peter Hechenbleikner, Town Manager 16 Lowell Street Reading, MA 01867 If you do decide to appeal the removal decision, then in the email or letter to the Town Manager, reference this letter and state why you feel that the fence should stay. Request from the Town Manager in the correspondence that you wish to appeal this decision to the Board of Selectmen and ask that you be notified when the meeting is held, so that you may attend. If you have any questions, please do not hesitate to contact me at 781-942-9082. S' ly, Peter T. Reinhart Civil Engineer IC2 UF~OfM y r Town of Reading mod. Ewa .16 Lowell Street r639 lxcc,- ¢ Reading, MA 01867-2685 - FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 F 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12, 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget C~ 0--I RESOLUTION IN SUPPORT OF THE MASS RECYCLES PAPER CAMPAIGN WHEREAS: The Massachusetts Department of Environmental Protection estimates that the citizens and businesses of Massachusetts throw away 1.5 million tons of paper each year; and WHEREAS: It costs the taxpayers of Massachusetts an estimated $100 million per year to dispose of this paper; and WHEREAS: Post-consumer paper is a valuable commodity that, when recycled, saves millions of dollars for cities, towns and businesses; and WHEREAS: Recycling paper saves energy and reduces greenhouse gas emissions; and WHEREAS: Recycling adds significantly to the Massachusetts economy through the creation of nearly 20,000 recycling industry jobs with a combined annual payroll of $557 million; and WHEREAS: Many of the Commonwealth's citizens and businesses are not aware of the broad spectrum of paper products that can be recycled instead of thrown away. NOW, THEREFORE, BE IT RESOLVED by the Board of Selectmen of the Town of Reading, Massachusetts on this 4th day of September, 2007 that the Board of Selectmen: ❖ Joins Mass Recycle's "Mass Recycles Paper". Campaign in endeavoring to educate citizens about the importance of recycling paper for environmental and economic reasons, ❖ Encourages its residents to use the paper recycling services provided to the maximum extent possible, and ❖ Agrees to serve as a role model by recycling waste paper from all of its municipal offices. BOARD OF SELECTMEN James E. Bonazoli, Chairman Stephen A. Goldy, Vice Chairman Ben Tafoya, Secretary Camille W. Anthony Richard W. Schubert gA., COMMONWEALTH OF MASSACHUSETTS I EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION A ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 8 DEVAL L. PATRICK IAN A. BOWLES Governor Secretary TIMOTHY P. MURRAY ARLEEN O'DONNELL Lieutenant Governor Commissioner July 17, 2007 Muni CEO_TableMrMs» « First_Name» « Last_Name» <<Muni_CEO_TableTitle» «Org_Name» Address 1» <<Mail City», MA « Muni CEO TableZip» Dear <<Muni CEO TableMrMs» «Last Namew The Massachusetts Department of Environmental Protection (MassDEP) estimates that 1.5 million tons of recyclable paper is thrown away each year in Massachusetts. That's enough paper to fill Fenway Park to a height of 750 feet as high as the Prudential Center - every year. Municipalities, businesses and state agencies pay more than $100 million annually to dispose of this paper. And that doesn't include the $75-$100 million that could be earned from recycling it instead. MassDEP, in conjunction with MassRecycle, the state's non-profit recycling coalition, invites your community to join us in a new statewide initiative to recycle an additional 1 million tons of paper a year. The Mass Recycles Paper! campaign, a public/private partnership, calls on citizens and businesses throughout the state to keep paper out of our landfills and incinerators while saving precious financial and natural resources and reducing greenhouse gas emissions. Visit www.massrecvcles-oaDer.org for more information. MassDEP has provided a $25,000 campaign start-up grant to MassRecycle which in turn has garnered an additional $50,000 from diverse private and public resources, including the U.S. EPA Waste Wise Communities Campaign and recycling and solid waste industry leaders. We would now like you to join with us, to help inform the public of the magnitude of paper waste, and how we can all benefit through recycling. MassDEP and MassRecycle will provide your community with a Guide containing low and no-cost outreach strategies (sample press releases, public service announcements, and other materials) to help communicate the importance of recycling paper. We are also asking you, as one of our state's municipal leaders, to adopt a resolution (draft enclosed) to signal your commitment to increasing paper recycling with the Mass Recycles Paper! campaign. 2 MassDEP on the World Wide Web: http://www.mass.gov/dep 10 Printed on Recycled Paper We look forward to working with you on this important campaign. Please call Karen Patterson Greene, MassRecycles' campaign coordinator at 508-505-0851 or your MassDEP Municipal Assistance Coordinator (copied below), if you are interested in joining us in this effort. Sincerely yours, Arleen O'Donnell Acting Commissioner x Claire Sullivan MassRecycle, Inc. cc: <<tblContactlnfoMrMs» <<FirstName» <<LastName», «tblContactlnfoTitle» 01-10, OF.. .V Town of Reading z two 16 Lowell Street F~ 63S.INCORQO4P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12, 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget 3 APPOINTMENTS TO BECOME EFFECTIVE AUGUST 31, 2007 Commissioners of Trust Funds Term: 3 years Appointing Authority- Board of Selectmen Present Member(s) and Term(s) Elizabeth Klepeis, Chr. Vacancy John J. Daly Camille Anthony Nancy Heffernan Candidates: Neil L. Cohen Jeffrey D. Perkins 68 Tennyson Road 163 Woburn Street 26 Orchard Park Drive 16 Lowell Street *Indicates incumbents seeking reappointment 1 Vacancv Orig. Term Date Exp. (05) 2008 ( ) 2009 (95) 2010 (05) 2008 B.V.O. 3a COMMISSIONERS OF TRUST FUNDS Term Three years Apointinu Authority Board of Selectmen Number of Members Five Members whose terms are so arranged that one term shall expire each year. Three members appointed by, Board of Selectmen, one member Board of Selectmen and one member Town Treasurer/Collector. MeetinEs As needed Authority Special Act, Chapter 82 of Acts and Resolves of Massachusetts, 1926. Amended and approved by a vote of the Town on April 5, 2005. Purpose Management of all trust funds given or bequeathed for the benefit of the Town or its inhabitants. 36u~ OF'RgA~l H t Town of Reading ~rl ~ . ~ a ~ •f0 `tea.. q 16 Lowell Street '9,1NCOR4~~ Reading, MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781) 942-9043 TOWN OF READING VOLUNTEER VACANCY COMMISSIONERS OF TRUST FUNDS One vacancy with a term expiring June 30, 2009, exists on the Commissioners of Trust Funds. The Commissioners are responsible for the management of all trust funds given or bequeathed for the benefit of the Town or its inhabitants. Interested applicants may apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on June 15, 2007 or until the position is filled. a ~ rn ~ Ca 7Q a~ Q M W rn en a- 3a3 APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name: C. v(AGr 0e, L Date: r 2--7 0 (Last) (First) (Middle) Address: 11CC. CG te- Tel. (Home) 2 4 " ~~cl( Z 4 - a v Tel. (Work) (Z -7 (Is this number listed?) Y45 Occupation: C4-6s V\ C t , # of years in Reading: 10 Cdu~c~Sf ,rrtsi7{ Are you a registered voter in Reading? e-mail address: .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 ,I--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 MBTA Advisory Committee Metropolitan Area Planning Council _Mystic Valley Elder Services -Recreation Committee _RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee Town Forest Committee -Water, Sewer and Storm Water Management Advisory Committee -West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: lM2c Ir NCt~CC r~u tws c '4C? ~ r ! C t uz s C G~t ~~-~e e C~ i f -(n f pc s2 V cc C ~s ~2 - ~ ~<<< C< Fo(-,Ja-.-A6, - `off- CC-c-(s 3 ~q NEIL L. COHEN 51 Red Gate Lane Reading, MA 01867 (781) 942-5912 EXPERIENCE Sept. 2004 BROUDE & HOCHBERG, LLP Boston, MA to Associate Present Meet with clients, review family and asset status, develop estate plans, draft various estate planning documents including GRAT's, FLP's and IDGT, CRT's,.QPRT's and Private Foundations; probate estates; prepared and file estate tax returns; prepare and file annual gift tax returns; draft and administer insurance trusts and prepare withdrawal letters; prepare a variety of acceptance, assent, release and agreement forms. Develop referral network and retain own clients. Feb. 1999 NIXON PEABODY LLP Boston, MA to Associate Sept. 2004 Meet with clients, review family and asset status, develop estate plans, draft various estate planning documents including GRAT's, FLP's and IDGT, CRT's, QPRT's and Private Foundations; probate estates; prepared and file estate tax returns; prepare and file 60 annual gift tax returns; draft and administer insurance trusts and prepare withdrawal letters; prepare a variety of acceptance, assent, release and agreement forms. May 1996 ARTHUR ANDERSEN, LLP Boston, MA to Tax Consultant Feb 1999 Analyzed complex estate planning ideas for high net worth clients through financial modeling. Reviewed wills and trusts for compliance with client's planning goals. Assisted in business planning for partnerships, subchapter S corporations and individual owners. Performed legal analysis and interpretation of the law, researched and drafted memos on a broad spectrum of individual, charitable, fiduciary, corporate, partnership and S corporation tax law. Prepared individual, gift; trust, partnership, S corporation and private foundation tax returns. Researched legal issues related to return preparation. Advised clients on fiduciary matters. EDUCATION BOSTON UNIVERSITY SCHOOL OF LAW Boston, MA LL.M., Graduate Tax Program, May 1996 SUFFOLK UNIVERSITY LAW SCHOOL Boston, MA J.D., cum laude, May 1994 Honors:Dean's List: 1993 and 1994 Class Rank: Top 20% HOBART COLLEGE Geneva, NY B.A., Economics, May 1985 BAR December 1994, Massachusetts V" APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS Name: eU b0P.1AJS6Ln Date: g l 2' /el (Last) (First)s Middle) J / Address: / .L l _O(} I,T & A _ I` J , Tel. (Home) ~9 1- ~ S- ~ - '7q 6a - ( Tel. (Work) 42 1 °7 - 49 2,8 (Is this number listed?)_ 6 Occupation: AKO Y-h,P l-4 # of years in Reading: 2 J Are you a registered voter in Reading?-Yes e-mail address: 1 e- 4-) Per L"S dj ar6,,, S 10,W, coYt, J 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 JA Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable -Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Graves Please outline relevant experience for the position(s) sought: - -Economic Development Committee Finance Committee -Historical Commission -Housing Authority -Human Relations Advisory Committee -Land Bank Committee _MBTA Advisory Committee -Metropolitan Area Planning Council Mystic Valley Elder Services -Recreation Committee RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee -Town Forest Committee -Water, Sewer and Storm Water Management Advisory Committee -West Street Historic District Commission Other w 8 c N N GO VI NO 3 aI Jeffrey D. Perkins 403 Highland Ave. Somerville, MA 02144 Phone (617) 628-1117 jeff@perkinsandperkinslaw.com PROFESSIONAL EXPERIENCE Perkins & Perkins, P.C. Somerville, MA August 2006 to present Attorney: Assisted in preparations for trials and clerk-magistrate hearings, handled negotiations and discovery in civil matters. Currently schedule to appear in two clerk magistrate hearings and at least one criminal trial in the coming weeks. U.S. Attorney's Office Missoula, MT September 2005 to May 2006 Clinical Intern: Managed caseload before the Federal Magistrate from initial appearances, plea bargaining, pre-trial and trial. I also assisted on briefs and trial preparations for cases before the district court judges. Mineral County Attorney's Office Superior, MT June 2004 to May 2006 Law Clerk: Researched and drafted briefs, handled criminal matters before the Justice of the Peace, and assisted with trial preparation including discovery and drafting responses to motions. Arnold & Porter Washington, DC March 2002 to August 2003 Legal Assistant (Litigation): Assisted attorneys in national litigation with trial and deposition preparation, researched expert witnesses, provided case-specific on-site trial assistance and worked on pro bono cases. Senator Kennedy's Health Policy Office Washington, DC January 2002 to March 2002 Intern: Assisted Fellows with constituent meetings, preparation of briefs, researched opposition arguments and performed. administrative tasks. EDUCATION University of Montana School of Law Missoula, MT Class of 2006 Extracurricular Activities • Law Review Managing Editor 2005-2006 • Member of the Law School Trial Team 2003-2006 Honors & Awards • The International Academy of Trial Lawyers Award: for distinguished achievement in the art and science of advocacy. Connecticut College New London, CT BA 2001 Majors .Government: Political Theory Distinction in Government -History: American History Honors & Awards -Dean's list, five semesters -Margaret Watson Award: most outstanding member of the Student Government Assembly, 2000-2001. -Senior Leadership Award: for leadership and service through the Student Government. Extracurricular Activities -Senator for the Student Government -Student Government Committees: .The Adjudication Review Committee: reviewed and reformed the student adjudication process. .The Priorities, Planning and Budget Committee: worked with senior faculty and administration to build an institutional budget and deal with budget concerns. Connecticut College Men's Varsity Track and Field Team 1997-2001 -Competed in the 400m and 800m events. 3 August 21, 2007 Cheryl Johnson Town Clerk Reading 16 Lowell Street Reading, MA 01867 RE: Volunteering for Committee Dear Ms. Johnson, Please find enclosed my application for appointment to a committee. I am a fairly new resident to the Town of Reading and I am interested in getting more involved in the town. If you have any questions or require additional information for the application process please do not hesitate to contact me. I should be easily reachable via either of the phone numbers I supplied on my application. I thank you for your consideration. Sincerely, Weey Perkins aB GFR G' Town of Reading moo. Ewa .16 Lowell Street 9.1noRp°4P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away.. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12; 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget y0- 4- vbl 8 Sally M. Hoyt, Constable G V' 221 West Street, Reading, MA 01867 w Telephone: 781-944-1191 - Fax: 781-942-0661 E-mail: sallyhoyt@hotmail.com July 30, 2007 To: Peter Hechenbleikner, Manager, and Mr. James Bonazioli, Chairman All Members of the Reading Board of Selectmen Reading Board of Selectmen Reading Town Hall 100 Grove Street 16 Lowell Street Reading, MA 01867 Reading, MA 01867 RE: CONSTABLE BILLS: INFORMATION SUBMITTED BY CONSTABLE SALLY M. HOYT WHICH ADVERSELY AFFECTS THE OFFICE OF CONSTABLE, AND THE LOSS OF AUTHORITY BY MUNICIPALITIES Dear Members of the Reading Board of Selectmen, A few months ago I presented detailed information to members of the Reading Board of Selectmen with respect to major changes being proposed by legislation relating to the office of Constable serving in the Commonwealth. Since I have not received a response, I would like to present an update as to the direction in which these bills are moving. Enclosed is a copy of a recent letter received from the Town of Framingham which is clearly in agreement with the concerns of constables, and our opposition. It would be greatly appreciated if our Board of Selectmen would provide me with the opportunity to discuss this matter with you further in the hope that you would submit a similar letter to Senator Richard R. Tisei, Representative Bradley Jones, Representative Patrick Natale, with copies to: Members of the Committee on Municipalities and Regional Government at the State House, the Massachusetts Municipal Association, the Massachusetts Bay Constables Association, and the constables appointed in the Town of Reading. Please be informed that I have discussed in great detail, the adverse affect of these bills on the office of constable, and our municipalities, with our local legislators. Thank you very much for your assistance on this critical issue. Very truly yours, t"'z" 4~_. S6Y M WoYt Constable of Reading Elected: 1972 Constable: 35 years 4b-? TOWN OF FRAMINGHAM Memorial Building, 150 Concord Street, Room 121, Framingham, MA 01702 508-532-5400 1508-620-5910 (fax) J selectmen@framinghamma.gov www.framinghamma.gov Town Manager Julian M. Suso Assistant Town Manager Timothy D. Goddard July 25, 2007 Senator Anthony W. Petruccelli Room 413-B State House Boston, MA 02133 Dear Senator Petruccelli: Board of Selectmen Dennis L. Giombetti, Chair Jason A. Smith, Vice Chair Charles J. Sisitsky, Clerk A. Ginger Esty John H. Stasik On behalf of the Framingham Board of Selectmen, I am writing to urge you to oppose Senate Bill 1151, "An Act Regarding the Regulation of Constables." While this bill may be well-intentioned, it would adversely affect the authority and ability of local municipalities to appoint Constables. We oppose any attempt to remove our appointing powers. We also oppose efforts to mandate that 25% of all Constable fees be paid to the Commonwealth, rather than to the appointing cities and towns as is the case under the current system. Although this amount is not substantial, it is nonetheless an important non-property tax revenue source for municipalities such as Framingham. For this reason, we urge you to defeat any such proposition, as outlined in Senate Docket No. 2309. Thank you for considering the wishes of the Town of Framingham in opposing these changes. " On Behalf of/the'Board, Dennis L. Giombetti Chairman DLG/stm . ql")3 - Dedicated to Excellence in Public Service - cc: Board of Selectmen Sen. Karen Spilka Rep. Tom Sannicandro Rep. Pam Richardson Members of the Committee on Municipalities and Regional Government Massachusetts Municipal Association / Massachusetts Bay Constables Association J William Pickett, Jr., Constable Elizabeth Fuller, Constable qbq PETER, August j_5,-.2007 Please make copies for all members of the Board of Selectmen for distribution prior to the meeting of September 4th when this issue will be discussed. I plan to atitend on September 4th and may bring with me Richard Ramponi,, President of the Constables Association, and a former Selectman of Weymouth. It is now a "City." We are an educational organization and we were never consulted for f input during the enti e process. I Sally M. Hoyt y6S OIf, Sally M. Hoyt, Constable 221 West Street, Reading, MA 01867 Telephone: 781-944-1191 - Fax: 781-942-0661 E-mail: sallyhoyt@hotmail.com ~Uf August 15, 2007 Mr. James Bonazoli, Chairman Reading Board of Selectmen 100 Grove Street Reading, MA 01867 Mr. Peter Hechenbleikner, Town Manager and to all members of Board of Selectmen Reading Town Hall 16 Lowell Street, Reading, MA 01867 RE: Onaosition to the following Constables Bills,- Senate 1151 - Filed by Senator Jarrett Barrios; Committee: Municipalities and Regional Government; "An Act Regarding the Regulation of Constables." House 1969 - Filed by Representative Ronald Mariano; Committee: Municipalities and Regional Government; "An Act Relative to Constables." Senate Docket No. 2309 - Protecting against Unfair Debt Collection; Filed by Senator Jarrett Barrios; This bill has not been assigned a Senate Number to date. Dear Members of the Board of Selectmen, As requested by Town Manager Peter Hechenbleikner, please find the following enclosed: 1. Copies of my previous letter to the Board of Selectmen dated July 30, 2007; 2. Copies of synopsis for Senate 1151, House 1969; and Senate Docket #2309; 3. Copies of Senate Bill 1151, House 1969, and Senate Docket #2309; 4. Copies of a letter from Chairman of Framingham Board of Selectman; 5. Copies of constables position on these bills and why we should oppose them. We would very much appreciate your review of the enclosed material. I shall attend a meeting scheduled by Peter to further answer any questions you may have. With your approval, we would like a letter written, similar to the one written by the Town of Framingham, to The Mass. Municipal Association requesting their support, as well as our Senator, Representatives, Members of the Committee on Municipalities and Regional Government, to the Mass. Bay Constables Association, and to the constables of Reading. Thank you for your anticipated support of our position on these bills. c-~ Sincere , w s A tV S lly M. Hoyt Elected Constable 1972 (35 years) y 66 Sally M. Hoyt, Constable 221 West Street, Reading, MA 01867 Telephone: 781-944-1191 - Fax: 781-942-0661 E-mail: sallyhoyt@hotmail.com July 30, 2007 To: Peter Hechenbleikner, Manager, and Mr. James Bonazoli, Chairman All Members of the Reading Board of Selectmen Reading Board of Selectmen Reading Town Hall 100 Grove Street 16 Lowell Street Reading, MA 01867 Reading, MA 01867 RE: CONSTABLE BILLS: INFORMATION SUBMITTED BY CONSTABLE SALLY M. HOYT THAT ADVERSELY AFFECTS THE OFFICE OF CONSTABLE, AND THE LOSS OF AUTHORITY BY MUNICIPALITIES Dear Members of the Reading Board of Selectmen, A few months ago I presented detailed information to members of the Reading Board of Selectmen with respect to major changes being proposed by legislation relating to the office of Constable serving in the Commonwealth. Since I have not received a response, I would like to present an update as to the direction in which these bills are moving. Enclosed is a copy of a recent letter received from the Town of Framingham which is clearly in agreement with the concerns of constables, and our opposition. It would be greatly appreciated if our Board of Selectmen would provide me with the opportunity to discuss this matter with you further in the hope that you would submit a similar letter to Senator Richard R. Tisei, Representative Bradley Jones, Representative Patrick Natale, with copies to: Members of the Committee on Municipalities and Regional Government at the State House, the Massachusetts Municipal Association, the Massachusetts Bay Constables Association, and the constables appointed in the Town of Reading. Please be informed that I have discussed in great detail, the adverse affect of these bills on the office of constable, and our municipalities, with our local legislators. Thank you very much for your assistance on this critical issue. Very truly yours, g~ `L S Ily M. JHt Constable of Reading Elected: 1972 Constable: 35 years N67 Sally M. Hoyt, Constable 221 West Street, Reading, MA 01867 Telephone: 781-944-1191 - Fax: 781-942-0661 E-mail: sallyhoyt@hotmail.com August 22, 2008 SUMMARIES OF H. 1969 - S. 1151. AND SENATE DOCKET NO. 2309 H. 1969: AN ACT RELATIVE TO CONSTABLES:. This bill would change Section I, Chapter 41 of the Mass. General laws by adding. Chapter 41, Section 91 C: "Regulation of Constables." It would transfer the authority of Massachusetts constables from the municipalities to the "Massachusetts Dept. of Public Safety." The Dept. of Public Safety would be charged with the regulation of constables, establish policies, rules and standards regarding the management of constables activities. S. 1151: AN ACT REGARDING THE REGULATION OF CONSTABLES:, Eligibility of constables: Must be 21 years of age; a high school graduate; cannot be convicted of a felony; the formation of a Board of Constables consisting of Attorney General (or designee), Chief of police, six members appointed by Governor, one of whom shall be an Executive Officer of a city or town, an attorney, and a member of the public. The Board shall set rules, and educational requirements. S. Docket 2309: PROTECTING AGAINST UNFAIR DEBT COLLECTION: (Pane 4) Amendments to SECTION 17, Ch. 41, Sections 91 through 9513: Constables would become licensed and pay a fee; term for one year; State would maintain a list of constables statewide with information available on website; constable must complete written application with statement of moral character by citizens of city/town of residence, (one by an attorney); criminal background check; must be bonded; powers and duties; registration fees, and quarterly fees would be designated to the Commissioner, and not to the cities and towns; records of service; rulemaking and revocation of license; serving of certain civil process would be prohibited; and more. y~? Ooaosition to S. 115'1 Sally M. Hovt. Constable, Readinq Richard E. Ramponi, Constable, Weymouth Constables in Massachusetts currently are either elected or appointed municipal officials under MGL.Ch.41,S.1. In municipalities where not elected Constables are appointed either by Mayors or Selectmen for terms of from 1 to 3 years. Current law requires a through, investigation by the municipality (Chief of Police) of the background of any applicant, for appointment to the office of constable. MGL.Ch.41,S.91B states in part "The office of constable shall be filled only by appointment of an applicant hereunder who is found by the appointing authority, after investigation as aforesaid, to be a person of good repute and character and qualified to hold said office". As municipal officials the municipalities in which they serve regulate constables. Current law also provides that constables may be removed from office by an appointing authority during their term of office for just cause. There is no cost to a municipality or the state at this time to maintain the public office of constable. Municipal constables are self-sufficient. Senate 1151 would create a new and most likely costly additional layer of state government to oversee constables who are exclusively municipal officials that are completely responsible to the municipalities that appoint them to office. Municipal government is and has been effectively overseeing Massachusetts's constables since colonial times and there is no need for change. Relative to a felony bar there is legislation already pending that would provide that no person convicted of a felony crime whether within or without the commonwealth shall be eligible to hold the public office of Sheriff, Deputy Sheriff, or Constable in Massachusetts. Senate 1151 unnecessarily complicates the administration of local government by the state creating an additional layer of beaurocracy in the form of a state governing board to regulate local municipal officials where. home rule should apply. Therefore, Senate 1151 ought not to pass. 4b9 Senate Bill, No. 1151 http://www.mass.gov/legis/bills/senate/185/stOl/stOl 151.htm SENATE, No. 1151 By Mr. Barrios, a petition (accompanied by bill, Senate, No. 1151) of Jarrett T. Barrios, Christopher G. Fallon, Kathi-Anne Reinstein, Robert M. Koczera and other members of the General Court for legislation relative to the regulation of constables. Municipalities and Regional Government. Version with line numbers The, Commonwealth of Massachusetts In the Year Two Thousand and Seven. AN ACT REGARDING THE REGULATION OF CONSTABLES Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 91 of chapter 41 of the General Laws, as appearing in the 2004 Official Edition, is hereby'amended by striking out, in line 3, the word "three" and inserting in place thereof the following figure:- 6. SECTION 2. Section 91A of said chapter 41, as so appearing, is hereby amended by striking out, in line 2, the word "three" and inserting in place thereof the following figure:- 6. SECTION 3. Section 91B of said chapter 41,-as. so appearing, is hereby amended by adding the following 2 paragraphs:- A person shall not be eligible to apply for original appointment to the office of constable under section 91A, if he'will not have reached his twenty-first birthday on or before the date of his appointment to the LILIO 6/17/07 7:45 AM Senate Bill, No. 1151 http://www.mass.gov/legis/bills/senate/185/st01/stOl151.htm office. As a prerequisite to appointment to the office of constable under section 91 or section 91A, a person shall have graduated from high school, or.received a high school graduation equivalency certificate from the department of education, or served for .3 years or more in the armed forces of the United States, having last left the armed forces under honorable conditions. SECTION 4, Said chapter 41 is hereby amended by inserting after section 91B the following 2 sections:- Section 91C. A person who has been convicted of a felony shall not be appointed as a constable of a city, town or district. Section 91D. There shall be a board of constables which shall consist of, the attorney general or his designee; a chief of police appointed by Massachusetts Police Chiefs Association; and 6 members to be appointed by the governor, 1 of whom shall be the executive officer of a city or town, 1 of whom shall be an attorney licensed to practice law in the commonwealth, 1 of whom shall be a member of the public who has never been associated, directly or indirectly, with the services regulated by this chapter and shall be subject to section 913 of chapter 13, 3 of whom shall be constables with at least 7 years experience. Members of the board shall be residents of the commonwealth and citizens of the United States. A member of the board shall serve for a term of 3 years. A member shall be eligible for reappointment and shall serve until the qualification of his successor. The governor shall remove from the board a member whose license issued pursuant to this chapter has become void, or has been revoked or suspended. A member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon. Upon the death, resignation or removal for cause of a member of the board, the governor shall fill the vacancy for the remainder of that member's term. The governor shall fill any vacancy on the board within 90 days of the date that position becomes vacant. The board shall, at its first meeting, and annually thereafter, elect from its members a chairperson, a vice-chairperson and a secretary who shall serve for 1 year and until their successors are elected and qualified. The board shall meet at times and places as the chair shall designate. q101 6/17107 7:45 M Senate Bill, No. 1.151 http://www.mass.gov/legis/bills/senate/185/stOl/stOI151.htm The board shall promulgate regulations regarding uniform identification for constables in the commonwealth, educational requirements for the knowledge of the laws and duties for which they are charged, and the creation of a standard application form for all persons applying to the office of constable in the commonwealth. SECTION 5. Section 94 of said chapter 41, as appearing in the 2004 Official Edition, is hereby amended by the adding following sentence:- A constables shall not hold a personal interest in property seized or otherwise acquired in carrying out his duties. qb /1, 6117107 7:45 AN Oooosition to H. 1969 Sallv M. Hovt. Constable. Readina Richard E. Ramponi, Constable, Weymouth This proposed legislation would create a costly department within the Dept. of Public Safety charged . with overseeing and regulating constables in Massachusetts who are either elected or appointed municipal officials already regulated by the municipalities in which they serve. This legislation would take away the right of municipalities to regulate their own appointees placing the responsibility for the same upon a state agency. Constables are and have been elected or appointed municipal officials since colonial times and have served the public well over the years and continue to do so today. This legislation would do nothing to increase the effectiveness or usefulness of constables in Massachusetts. This proposed legislation would most likely cost taxpayers more money unnecessarily to fund a new and questionable state entity. Therefore House 1969 ought not to become law. U 113 HOUSE No. 1.969 The Com monbxa ltb of ftlalzoa rbuatt!5 PETITION OF: Ronald Mariano In the Year Two Thousand and Seven. AN ACT RELATIVE TO CONSTABLES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Chapter 41 of the Massachusetts General Laws after section 91B, add the following section: "Chapter 41, Section 91C. Regulation of constables." "The Massachusetts Department of Public Safety shall be charged with the regulation of constables within the Conumonwealth and may establish policies, rules and standards regarding the management of constable activities. qkly ODoosition to S.D. 2309 Sallv M. Hovt. Constable. Readinq, Richard E. Ramponi, Constable, Weymouth This lengthy proposed legislation awaiting a Bill Number purports to be legislation concerning Regulation of Debt Collection. However Sections 17 and 18 of the bill would eliminate the office of municipal constable in Massachusetts entirely and in its place create a costly state bureaucracy charged with overseeing and regulating a newly created position of state constable to be licensed by the already overburdened Dept. of. Public Safety. Constables are and have been elected or appointed municipal officials since colonial times and have. served the public well over the years and continue to do so today. This legislation would do nothing to increase the effectiveness or usefulness of constables in Massachusetts. This proposed legislation would most likely cost taxpayers more money unnecessarily to fund a new and questionable state entity. Therefore Senate Docket No. 2309 ought not to become law. Ui 91~' Filed by: Senator Patricia Jehlen Debt Collection BUI - SENATE DOCKET No. 2309 SECTION 1. Chapter 235 section 34 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 5 the words ."seventy-five" and inserting in Mace thcreot the following words:- five hundred SEMON 2: Chapter 235 section 34 of the General Laws, as appeanng,.is hereby der aniended by, striking out,, in line 9, the words "three thousand dollars in value" and. inserting in place thereof the fallowing. words:- four thousand dollars in resale value. SECTION 3: Chapter 235 section 34 of the General Laws, as appearing, is hereby further amended by inserting after the word "in" in line 11, the following word:- resale SECTION 4: Chapter 235 section 34 of the General Laws; as,appearing, is hereby further amended .by striking out, in line 14, the word "hundred" and inserting in place thereof the following word;- thousand 88MbN 5: Chapter" 235 section 34-of the General Laws, as appearing, is hereby further amended by striking out; in line 17, the word "hundred" and inserting in place thereof the following word:- thousand SECTION 6: Chapter 235 section 34 of the General Laws, as appearing, is hereby further amended by striking out, in line 19, the word "three" and inserting in place thereof the following word:, five r" SECTION 7: Chapter 235 section 34 of the General Laws, as appearing, is hereby further =Wed by striking out, in line 24, the following words:- Ninth, Boats, Fishing tackle. and nets of fishermen actually used by them in the prosecution of their business, not exceeding five hundred dollars in value. SECTION 8: Chapter 235 section 34 of the General Laws, as appearing, is hereby further aanended by striking out, in lime 32, the W.diids "two hundred dollars each in value" and inserting in place thereof the following words:- three hundred dolWs each in resale valud, one computer, and one television, in actual use by each debtor or by his family, , SECTION 9: Chapter 235 section 34.6f the,General Laws, as.appearmg,• is hereby further atnended by striking out, iri. line 43, the following words "one hundred and twenty five dollars" and inserting in place thereof the following words:- two thousand, five hundred dollars on, any day ; ' qpd -2- SEC- MON 10: Chapter 235 section 34 of the General Laws, as appearing, is hereby ftu-ther amended by striking out the words "an automobile necessary for personal transportation or to secure or maintain employment, not exceeding seven hundred dollars in value" and inserting in place thereof the following words:- One motor vehicle unless at a hearing the creditor establishes that the motor vehicle is not needed by the defendant 1'he cxoM- ptions ptovided by.this Chapter may not be waived except after clear and conspicuous notice of the exemption, and then the waiver must be shown by the creditor to be knowing and voluntary. The dollar limitations of ekemptions provided by this Chapter shall be adjusted on the first Tuesday following January 15 of even numbered years to reflect changes in the cost of living. The adjustments will be made based on change in the United States Department of Labor's Consumer Price Index for all urban Consumers in the Boston metropolitan area since the effective date or the last adjustment. The secretary of administration and finance shall maintain a schedule of tite rate described above for the distribution to all clerks of courts. SECTION 11: Chapter 235 of the General Laws, as appearing, is hereby amended by inserting tiller section 35 the following section:- Defendants shall be provided a notice when judgment is entered generally describing the income and property. exemptions provided by federal, law and the laws of the Commonwealth in plain English. The defendant is entitled to assert the, exemption at the time of the seizure, and the seiziiig officer shall not seize any exempt property. The defendant is entitled to a prompt hearing to determine whether property seized by execution is exempt and to an order to promptly return exempt property 'to the defendant, an award of attorney fees reasonably incurred by the defendant to obtain the order, and any actual damages caused by the seizure. Notice of the right to a prompt hearing shall be given the defendant at the time of the seizure of any property to satisfy a judgment along with a general description of the income and property exemptions provided by language of federal law and the laws of the Commonwealth, in plain English and in the primary the defendant . SECTION 12,.-Chapter 246 section 28 of the General Laws, as appearing, is hereby amended, in line 2, by striking out the figure '1125" and inserting in place thereof the following words:- thirty times the greater of the federal or the Massachusetts hourly minimum wage plus, for each dependent of the defendant, ten times the greater of the federal or the Massachusetts minimum hourly wage for each week or portion thereof. SECTION 13. Ch 246 of the General Laws, as appearing, is hereby amended by striking out section 28A and'inserCing in place thereof the following section:- Two thousand, hundred dollars of any natural person in any account or accounts on any day in a qb I? -3- trust company, savings batik, cooperative bank, credit union, national banking association or any ether banking institution doing business in the commonwealth, shall be exempt from attachment by trustee process. A joint account shall be treated for the purposes Of this section as if each depositor owned one half of the amount thereof. Every trustee summons served on such an institution shall describe such exemption with reference to this section. Upon service of such a summons the trustee shall answer as subject to attachment only so much money of the defendant as exceeds two. thousand, five hundred dollars. No business, trust or organization shall be entitled to the exemption hereunder, and no natural person shall be entitled, to more than a two thousand, five hundred dollar exemption at any one time. In any action the plaintiff may apply to the court for further attachments upon proof by certified records of the trustee or trustees that the defendant has received an exemption not authorized hereunder or that the amount in the defendant's accounts currently exceeds two, thousand five hundred dollars. The exemptions provided by this Chapter may not be waived except after clear and conspicuous notice, of the exemption, and then the waiver must be shown by the creditor to be knowing and voluntary. The dollar Iitnitations of exemptions provided by this Chapter shall be adjusted on the first Tuesday following January 15 of even numbered years to reflect changes in the.cost of living. The adjustments will be made based on change in the United States Department of Labor's Consumer Price Index for all urban consumers in the Boston metropolitan area since the effective bate or the last adjustment. The secretary of administration and finance shall maintain a schedule of the rate described above for the distribution to all clerks of counts. SECT[ON 14. Chapter 246 of the General Laws, as appearing, is hereby amended by inserting ailer Section 28A the following section:- Defendants shall be provided a notice when trustee process is served generally describing the income and property exemptions provided by federal law and the laws of the Commonwealth in plain English and in the-primary language of the defendant. The defendant is entitled to assert the exemption at the time of the attachment, and the attaching officer shall not attach or freeze any exempt property. The defendant is entitled to a prompt hearing to determine whether property attached or frozen by trustee process is exempt and, an order promptly returning exempt property to the defWatit plus an award of attorney fees incurred. by the defendant to obtain the order and any actual damages caused by the attachment or freeze. Notice of the right to a prompt hearing shall be given the defendant at the time of the attachment or freezing of any property pursuant to trustee process. SECTION 15. Ch. 188 of the General Laws, as appearing, is hereby amended by striking out section the first paragraph of section 1 and inserting, in place thereof the following paragraph: - .A.n.estate of homestead to the extent of $500,000 in the land and buildings or a manufactured NblB -4- haine may be acquired pursuant to this: chapter by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise and who occupy or. intend to occupy said home as a principal residence. The proceeds of the sale of.the homestead estate shall be exernpt from creditors to the same extent as the homestead estate fof one year from the sale of th(a homestead. Said estate shall be exempt from the laws of conveyance, descent, devise, attachment, levy on execution and sale for payment of debts or legacies except in the following GaSt;S: SECT]]GN 16. Chapter 188 of the General laws is hereby further amended by striking out section 2 andinserting in p)ace'thereof the following section:- To acquire an estate of homestead in real property or a manufactured home, the fact that it is designed to be held as such may be set forth in the deed of conveyance by which the property is acquired; or, after the title has been acquired, such design may be declared by a writing duly signed, sealed and acknowledged and recorded in the registry of deeds for the county or district in which the property.is situated or filed in court in response to any lien, seizure or other process against the home.. To acquire a claim of homestead in a manufactured home, the fact that it is designed to be held as such sha- l may be set forth in a writing duly signed, sealed`and acknowledged and filed at the city or town clerk's office in the city or town in which the manufactured home is located. The acquisition of anew estate or claim of homestead shall delbat and discharge any such previous estate. ~A-MENDMEN'T'S R.EG&RDIU9 CONSTABI FS,. SECTION 17. Ch. 41, Suctions 91 through 9513, regarding Constables are herebyrepealed. SECTION 18. The General Taws are hereby amended by inserting after chapter 148A the following chapter:- V"" S I Licensing Authority,. Terms Constables shall be licensed by the Commissioner of Public Safety or his designate•deputy, hereinafter Commissioner, for terms not exceeding one year. The Commissioner shall maintain a list of constables and their contact information that shall be available on the Commissioner's web pages. §2 licensing A°person desiring to be licensed as a constable shall complete a written application to the. Commissioner on the application form provided by the Commissioner. Such application shat! contain a statement as to the moral character of the applicant signed by at least five reputable citizens of the city or town of his residence, orie.of whom shall be an attorney-at-law. The Commissioner shall also investigate the reputation and .character of every applicant and his fitness for said office. The investigation shall include a criminal background check, including the information provided by the Criminal Offender Record Information Services. The Commissioner shall require applicants to pass a test on the powers and responsibilities of constables. The office of constable shall be filled only by appointment of an applicant who is qb/ q -5- lbund by the appointing authority, after investigation, to be a person of good repute and character, and qualified to hold said office. The Commissioner may consider arrest records, civil lud' I~Inicnts and complaints by residents as well as criminal conviction records in making this dc:tennination. §3 Bond and authority A constable who has given bond in a sum of not less than two thousand five hundred dollars, with sureties approved by the Commissioner, conditioned for the faithful porfortriance of Ilis duties to all members of the public who may have a claim against the constable in connection with the service of the civil processes committed to him which are authorized to be served by him as set forth herein, and has filed the same with the Commissioner, with the approval of the Commissioner may within this Commonwealth serve summonses and complaints, and subpoenas in a civil action. The Commissioner shall note upon every bond given bya constable the time of filing. Any person injured by a breaoh of the condition of a bond may sue thereon. §4 Powers and duties Constables may serve the writs and processes described in section 3 and warrants and processes in criminal, cases. They may serve all warrants and other processes for selecinwil of a town of the Commonwealth for notifying residents of town meetings or for other purposes. They may serve by copy, attested by-them, demands, notices and citations, and their returns of service thereof shall be prima facie evidence; but this,provision shall not exclude the service thereof by other persons. §5 Registration fees Constables appointed under this chanter shall periodically nav the Couirnissioner 25 .oor cent of all fees the constable collects for the service of civil process under the fee structure established in section 8 of chanter 262. This navment shall be made in Vinstallments to be deooSited with the Commissioner not later than January 15, April 15, July 15 e.,andrOctober 15.of each Year, but a constable having less than $500.to deposit at,that time shall, ,-,Jlolti the share for deposit until the sooner of October 15 or the time when.the amount due to the C'otntnissioner under this section equals or exceeds $500. §6 Records of service of civil process fees Each constable shall annually on or before April 15 file with. the Commissioner art account signed under the penalties of perjury of all fees and money received by him under section 8 of chapter 262 for the service of civil process. Such account shall include an itemization of all civil process fees charged by the constable's civil process office, alI.T.evenue received from said fees and all amounts paid by the constable to the Commissioner on account ofsuch civil process fees under section 6. §7 Rulemakitng and revocation of license The Commissioner may issue regulations in conformity with this chapter regarding the qualifications, duties and fees charged by Consables. The Commissioner may revoke a constable's license on both emergency and nonemergency bases,'subject to the provisions of M:G.L. c. 30A, if the Commissioner finds that: -(a) the constable has violated any provision of this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of his business; t,b2,E) -6- or (b) any fact of condition exists which, if it had existed at the time of the original application to be licensed as a constable, would have warranted the Commissioner in refusing to issue such license. . SEX.1'10N 19. Chapter 93 of the General Laws as appearing in the 2002 Official Edition is hereby amended by inserting after subsection(d) in section forty-nine the following:- (e) The. creditor, coinmunicates with an alleged debtor who is sixty years of age or older regarding a debt after such debtor has notified the creditor, in writing or orally, that the alleged. debtor refuses~to pay such debt or that the alleged debtor wishes the creditor to cease further commudcations with debtor about such debt, with the following exceptions, %vhich must be in writing: I . To advise the alleged debtor that the creditors further efforts are being terminated; 2. To n6tfff the alleged debtor that the creditor may invoke specified remedies which are ordinarily invoked by such creditor;, or 3. Where applicable, to notify the debtor that the creditor intends to invoke a specified remedy, A debtor's oral notice shall be valid for only forty days unless the alleged debtor provides written confirmation. postmarked or delivered within .seven-days of such notice. A debtor may rescind at any time such a notice by written communication to the creditor. A creditor must inform-the-alleged debtor of the right provided by this subsection upon first communication with the alleged debtor, to be followed. within thirty days by a written short and plain.explanation of the right provided by this subsection. For purposes of this section, "creditor" means any person. and his agents, an assignee of the creditor, , employees, attorneys or-collection agents engaged in collecting a debt owed or alleged to be owed to him by a debtor. (t") The creditor seeks payment on an alleged obligation on which the statute of limitations for bringing suit has run. SECTION 20. Chapter 93- of the General Laws is hereby further amended by inserting at the after section 24 the following section: § 24, Definitions ~ _0zl -7- As used in sections 24 through 28, inclusive the following words.shall have the following mcanings, unless the context requires otherwise:-- "Commissioner", the commissioner of banks. "Coonsumer", any natural person obligated or allegedly obligated to pay any debt. "Crreditor", any person who offers or extends credit creating a debt or to whom a debt is owed, but the term. shall not include a person to the extent that. he receives an assignment or transfer of a debt in default. "Debt", any obligation or alleged obligation of a consumer to pay money arising out ofa transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not the obligation has been reduced to judgment. "Debt collector", any person who uses an instrumentality of interstate commerce or the mails in' any business the principal purpose of which is the collection.of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause.(0, debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is`collecting or attempting to-collect the debt. Debt collector shall also include a person'who uses an instrumentality of interstate commerce.or the mails in a husiness.the principal purpose of which is the enforcement of security interests. Debt collector shall not include:--(a) an officer or employee of a creditor while, in the name of the creditor, collecting debts for the ereditor;(b) a person while acting as a debt collector for..another person, both of whorn are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for a person to.whorn it is so related or affiliated and if the principal business of the person is not the collection of a debt; (c), an officer or employee of the United States or a state of the United States to the extent that collecting or attempting to collect a debt is in the performance of his official duty; ti (d) a person while serving or attempting to serve legal process on another person in connection H,ith the judicial enforcement of a debt; (e) a nonprofit organization which, at the request of a consumer, performs bona fide consumer credit counseling and assists the consumerin the liquidation;of debts by receiving payments from the consumer and distributing the amounts to creditors; ( a person collecting or attempting to collect a debt owed or dae or asserted to be owed or *due another to the extent the activity (i) is incidental to abona. fide fiduciary obligation or a bona fide escrow arrangement;. (ii) concerns a debt which was originated by the person; (iii) concerns a 22 -8- dQbt which was not in default at the time it was obtained by the person; or (iv) concerns a debt Aliened by the person as a secured party in a commercial credit transaction involving the reditcar: (g) attorneys-at-law collecting a debt on behalf of a client, except that this exemption shall not aPP ly to attorneys-at-law whose principal business purpose is the collection of debts or who regularly collector attempt. to collect debts of another; and (h) an agent or independent contractor employed for the purpose of collecting a charge abill owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision cif the department of telecommunications and energy or the division of insurance insofar as the person collects charges or bills only for the landlord or supervised corporations. "Register"; filing a notice with the commissioner on a form prescribed by the commissioner that noti tries the commissioner of the intent to engage in the activities of a third party loan servicer in this state and the payment of a fee required under this act, along with the other documents, proofs, and fees required by the commissioner. "Servicing", receiving a scheduled periodic payment from a borrower pursuant to the terms of a lain, including amounts for escrow accounts, and making the payments to the owner of the loan or other third pwu-ty of principal and interest and other payments with respect to the amounts recei ved from. the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract. In the case of a home equity conversion mortgage or.reverse - Mortgage as referenced in this section, servicing includes making-payments to the borrower. "Third party loan servicer", a:person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of servicing a loan directly or indirectly, owed or due or asserted to be owed or due another, SEC'TIGN 21. Section 16 of Chapter 224 of the General Laws, as appearing; is hereby amended in section 16 by striking out the first sentence thereof and inserting in place thereof the Ibllowing:- if the court finds that the debtor has no income or property not exempt from being taken on execution, or if the creditor fails to appear at the examination, personally or by attorney, tk proceeding must be dismissed. EC~T14N 22, Section 14 of Chapter 260 of the General Laws, as appearing, is hereby amended by inserting at the end the following section:- The statute of limitations with regard. to an obligation or alleged obligation incurred for personal, family, or household purposes may not be extended by a partial payment after default or by an acknowledgement of the debt unless the acknowledgement is in writing, signed by the obligor, and expressly extends the statute of limitation, and then may not extend the statute of limitations qb i3 -9- •4. for a period exceeding one year. SECTION 23. Chapter 231, as appearing, is hereby amended by inserting after section 6C the rollwk-ing section Provided further that where the judgment is entered against an individual in connection with a contract for personal, family, or household purposes, the rate for the second and su*.quent years shall be a rate calculated at a weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment; provided, however, that such interest shall not exceed the rate of ten percent per annum. The secretary of administration and finance shall maintain a schedule of the rate described above for the distribution to all clerks of courts. SECTION 24. Chapter 223 is hereby amended by striking out section 31, ofthe General Laws, as appearing, and insetting in place thereof the following section:- Section 3 1. (a) In an action brought in the trial court, if service is made at the last and usual place, of abode, the officer making service shall forthwith mail by first-class mail, postage prepaid, a copy of each paper served to such last and usual place of abode. (b) The officer snaking such service shall state in the return of service (1) the place as definitely as is practicable, giving, if possible, the street and number, where service was made; (2) the date and time when service was made; and (3) the date of mailing and the address to which such copies were mailed. (c) The officer making such service shall, not sooner than 20 nor later than 30 days after making such service, make a further return indicating. whether the copies so mailed were returned to the officer and the reason stated therefor by the postal carrier. (d) Any party served with the summons and complaint in a civil action at the last and usual place of abode shall be entitled to written notice of (1) the entry of any default against such party; and (2) the entry of any judgment by default against such party.. Such party shall also be entitled'to 10 days advance notice of the place, date and time of any hearing to assess damages against such party. Such notices shall be given by the court by first-class mail, postage prepaid; sent to the last and usual place of abode or to such other address as the party may, by.written notice to the court and every other party in such action, desk8nate. This subsection shall not limit a party's right to any other notice required by law or court rule to be given to such party. (e) An individual against whom a judgment has entered by default in a civil action in which such individual was served with the summons and complaint at the last and usual place of abode may file at any time a motion for relief from such judgment, according to the appropriate rules of procedure in the court in. which such. judgment entered; and may defend any supplementary process or other action to enforce such judgment, on the' grounds that such individual neither knew nor should have known of the filing of the civil action. Such motion or defense shall be allowed if the moving party proves by clear and qb-2,q -10- convincing evidence that the motion was filed, or the defense pleaded, within a reasonable fire after such individual first knew or should have known of such judgment. The provisions of this subsection shall not preclude relief from such judgment for any other reason or by means of any other form of procedure. SF CTCQN 16. Si ction 35 of said Chapter 223, as so appearing, is hereby repealed. Nb2S TOWN OF FRAMINGHAM Memorial Building, 150 Concord Street, Room 121, Framingham, MA 01702 508-532-5400 508-620-5910 (fax) ( selectmen@framinghamma.gov www.framinghanuna.gov Town Manager Julian M. Suso Assistant Town Manager Timothy D. Goddard July 25, 2007 Senator Anthony W. Petruccelli Room 4'13-B State House Boston, MA 02133 Dear Senator Petruccelli: Board of Selectmen Dennis L. Giombetti, Chair Jason A. Smith, Vice Chair Charles J. Sisitsky, Clerk A. Ginger Esty John H. Stasik On behalf of the Framingham Board of Selectmen, I am writing to urge you to oppose Senate Bill 1151, "An Act Regarding the Regulation of Constables." While this bill may be well-intentioned, it would adversely affect the authority and ability of local municipalities to appoint Constables. We oppose any attempt to remove our appointing powers. We also oppose efforts to mandate that 25% of all Constable fees be paid to the Commonwealth, rather than to the appointing cities and towns as is the case under the current system. Although this amount is not substantial, it is nonetheless an important non-property tax revenue source for municipalities such as Framingham. For this reason, we urge you to defeat any such proposition, as outlined in Senate Docket No. 2309. - Thank you for considering the wishes of the Town of Framingham in opposing these changes. On Behalfof the Board, a7., 0 ~ 4 Dennis L. Giombetti Chairman DLG/stet . Y bz~ - Dedicated to Excellence in Public Service - cc: Board of Selectmen Sen. Karen Spilka Rep. Tom Sannicandro Rep. Pam Richardson Members of the Committee on Municipalities and Regional Government Massachusetts Municipal Association / Massachusetts Bay Constables Association,/ William Pickett, Jr., Constable Elizabeth Fuller, Constable q LEGAL} NOTICE TOWN OF READING To the Inhabitants of the Town of Reading.. Please take notice' that the Board of Selectmen of the Town of'R.eading will hold a. public, hearing on Tuesday, September 2007 at 8:20 p.m.. in the Selectmen's Meeting Room,: 16 .,,.'Lowell -Street, Reading, Massachusetts regarding. rescinding the. policy establish; ing the Water; Sewer.',an'd . Stormwater Manag:em:ent. Advisory :Committee;. All. interested parties may appear 1n person, may submit.: their comments in, writing:, or may email d6tnmepts to.. town . manaaer@ ci.readina:ma.us. By. order of titer I.,Hechenbleikner Town' Manager. 8/28 qC1 - - OFt{F9b~~ ' Town of Reading mod. Ewa .16 Lowell Street 1639 (NCUR~i0 4P~ Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does' recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 1 a 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12, 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget q G2 e Town of Reading 1 16 Lowe Street eading, AIA 01867-2683 Fax: (781) 942-5441 Website: www.ci.reading.ma.us August 14, 2007 Mr. James Bonazoli, Chairman Reading Board of Selectmen 16 Lowell Street Reading, MA 01867 Dear Mr. Bonazoli, V~ PUBLIC WORKS (781) 942-9077 On August 8, 2007 the Water, Sewer and Storm Water Management Advisory Committee unanimously voted to recommend the disbanding of the committee. The committee believes that with the substantial issues that were before the committee resolved it is the right time to move the existing items before the committee to other standing committees or advisory committees. The committee requests that the Board of Selectmen dissolve the committee at its next scheduled meeting. I would like to take this time to speak for myself and the committee members in saying that it was a pleasure to work with Mr. McIntire and his staff, they were always helpful and professional during our deliberations, we also wish to thank the Selectmen who were attentive to the issues we brought before them. As a group we stand ready to assistance the Town if called upon in the future. Sincerely, V,, G Michael McIntyre Chairman , Water, Sewer and Storm Water Management Advisory Committee .9 N Cc: Ted McIntire Peter Hechenbleikner, Town Manager Richard Moore, Member WSSWMAC Stephen Crook, Member WSSWMAC G 2.23 Water. Sewer and Storm Water ManazementAdvisorv Committee There is hereby established by the Board of Selectmen a Water, Sewer and Storm Water Management Advisory Committee (Advisory Committee). The Advisory Committee shall provide advice to the Board of Selectmen regarding the Water, Sewer and Storm Water Management systems for the Town of Reading. Their duties shall include the following: ♦ The Advisory Committee shall hold at least one public water rate hearing and one public sewer rate hearing each year. These hearings may be held concurrently, and shall be noticed to the public and to the Board of Selectmen. At the hearings, all pertinent information regarding establishment of water and sewer rates will be presented. The Advisory Committee will then advise the Board of Selectmen as to their recommendation regarding water and sewer rates for the coming year. These hearings and the recommendation of the Advisory Committee shall be timed so as to provide information to the Board of Selectmen prior to the adoption of the coming year's budget; ♦ The Advisory Committee shall serve as the citizen advisory committee as required by the Town's Storm Water Management Plan, and shall monitor progress and make recommendations on the implementation of the Storm Water Management Plan; ♦ The Advisory Committee shall review with the Director of Public Works, and recommend to the Board of Selectmen items to be included in the enterprise systems for the water and sewer systems, and for the storm water management systems of the Town; The Advisory Committee shall review the Public Works Director's recommendations with regard to inclusion of items related to water, sewer and storm water management systems in the annual capital budget and Capital Improvements Program of the Town, and make appropriate recommendations to the Board of Selectmen; ♦ The Advisory Committee will provide other advice to the Board of Selectmen regarding the water, sewer and storm water management systems of the community as requested. The Water, Sewer and Storm Water Management, Advisory Committee will be made up of five (5) members. The Water, Sewer and Stor n Water Management Advisory Committee shall be advisory to the Board of Selectmen and shall report at least annually to the Board of Selectmen on policy issues. This Committee shall administratively fall within the Department of Public Works. Adopted 1-26-87, Revised 12-13-94, Revised 1114103 q&t, WATER, SEWER AND STORM WATER MANAGEMENT ADVISORY COMMITTEE Term Appointing Authoritv Number of Members Meetings Authority Three years Board of Selectmen Five Members As needed Board of Selectmen - Adopted January 26, 1987 Purpose To provide advice to the Board of Selectmen regarding the water, sewer and storm water systems for the Town of Reading. The Committee will hold at least one public water rate hearing and one public sewer rate hearing each year. These hearings and the Committee's recommendations shall be timed so as to provide information to the Board of Selectmen prior to the adoption of the coming year's budget. The Committee shall review with the Director of Public Works and recommend to the Board of Selectmen items to be included in the enterprise systems for -the water and sewer systems. The Committee shall review the Public Works Director's recommendations with regard to inclusion of items in the annual capital budget and Capital Improvements Program of the Town and make appropriate recommendations to the Board of Selectmen. The Committee will provide other advice regarding the water, sewer and drainage systems to the Board of Selectmen as requested. UPS ~o~`y OFRFq~'~ .9 Town of Reading `moo. ti Ewa 16 Lowell Street ~63s:INC0 Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 31, 2007 RE: September 4, 2007 Agenda TOWN MANAGER (781) 942-9043 2a) This resolution will memorialize the Town's support for paper recycling campaigns. The Town already does recycle office paper in all of the Town's buildings. This is the third bullet in the resolution. 3a) We have two applications for one position on the Commissioners of Trust Funds for a term expiring June 30, 2009. This was Dana Hennigar's position and as you know Dana recently passed away. The number of members on the Commissioners of Trust Funds is set by Town Charter. 4a) Town Clerk Cheryl Johnson will be in to do the highlights presentation on the Town Clerk's function. 4b) Sally Hoyt would like to have discussion with the Board of Selectmen on pending Constable legislation. She is asking that the Board send a letter to our legislative delegation opposing the legislation. 4c) As the Board had discussed, this is a hearing to rescind the policy that established the Water, Sewer and Storm Water Management Advisory Committee. In your packet is a letter from the Chairman of the Committee reiterating the vote that the Committee took also recommending the abolition of the Committee. Members of the Committee agreed to be available to the Town on an ad hoc basis should you require their consultation. 4d) As Bob LeLacheur discussed at the last Selectmen's Meeting under his report, the Finance Committee is meeting on September 12, 2007 and would like to have whatever suggestions or comments the Board of Selectmen may have on making the budget qj I process a better one. There were a number of comments at the end of the budget process last year that this is a very much improved process. 4e) I will be making a presentation on the current status of RCASA. Members of the coalition may also be present. 4f) I will provide you with an updated Action Status Report. 4g) Enclosed is an outline of known Articles for the Town Meeting Warrant. The Board will need to decide whether or not they wish to pursue an amended Sight Triangle Bylaw. The Warrant closes on September 25, 2007. PIH/ps bl j 7--, process a better one. There were a number of comments at the end of the budget process last year that this is a very much improved process. ~''~4e) I will be making a presentation on the current status of RCASA. Members of the r c... coalition may also be present. 4f) I will provide you with an updated Action Status Report. 4g) Enclosed is an outline of known Articles for the Town Meeting Warrant. The Board will need to decide whether or not they wish to pursue an amended Sight Triangle Bylaw. The Warrant closes on September 25, 2007. PIH/ps V Ic , q j:~ Board of Selectmen Tracking Loci for Current Issues/Projects Date Issue/Proiect( Identified Problem Resp Select. Action Needed Follow-un Dept. Liaison Date Traffic/Parking Issues Ash Street at RR Develop a process to acquire land and build new connection directly between Ash and Main Street, eliminating the grade crossing Town. Mgr. Anthony Meeting held on site 6-7- 09/30/07 07. Additional meeting to be scheduled. Construction of gates could be done in 12 months. 9/16/06 Stop signs at Request to make Bancroft at Police Goldy Awaiting Board of 10131107 Bancroft Hartshorn a multi-way stop Selectmen development of and move stop sign on. standards for multi-way Hartshorn closer to stops. Scheduled for Board intersection. Possible of Selectmen discussion 7- installation of a speed table. 12-07. ° 8/31/2007 1 Dw ueslpro ec to s r Gurren Is Fotton f° Lo C'~rn Needed o TC~ geteot• Action 49130147 Sege BOO- chedule and ar~ gjlso pevelop a s aundin9 for Fjfl obtern p afaya lan• ldent~fle Pr action p Vetoed by fawn feasibility Was We, -11 get cast of a t= elPr~y the p ess andma^ Engineer; the GOvernor the and estimates of th peveW the need fo Town ..l•t study, 3!27!47 Garage line to address the upper Manager full feas►b► ► y funding parlOg arage on eXplore Private . parking lot parking sources for aJ J "cepted Construction oli awarded, Banat With the spring Engineer started in t1he fur►ding from er enterpd and rise the storm water sel has fund. Town COU11 1 necessary legal filed the e the bond. action to tiara . "0'01111 Canstr . done. Street is . the basin Construction fall so that to be done this be immediately it can Ian N~ 2 t° Board of Selectmen Tracking Loci for Current Issues/Projects Date Issue/Proiect( Identified Problem Resp. Select. Action Needed Follow-up Dept- Liaison Date 1/1/85 Downtown Project is out to bid. Engineer Anthony Project is out to bid, with 06/30/07 Improvements bids taken May 30. The Town's "non-participating costs" of estimated $650,000 was approved in April 2007. Bid awarded by MHD Town Counsel review LIP regulations may need to Town Tafoya Review LIP regulations 09/25/07 LIP Regulations be updated per IG' Counsel and make suggestions recommendations to the Board of Selectmen 1/1/07 Inspector General's IG's audit of 1375 Main street Town Schubert Met with IG and Counsel. 08/31107 recommendations re has generated Counsel Town Counsel to review Affordable Housing recommendations whether additional legal action is warranted and possible re 1375 Main Street developer. 8/31/2007 3 Board of Selectmen Tracking Log for Current Issues/Projects Date Issue/Proiect( 8/22/06 Develop a lighting section of the Zoning Bylaw Sale of Oakland Road land 8/31/2007 Identified Problem The Town needs to have established standards and processes for reviewing site lighting for new developments Resp. Select. Dept. Liaison Planner and Bonazoli Town Manager The Town owned tax title land Town across Oakland Road from the Manager, RMHS is surplus to the Town's Town needs. Planner 4 Action Needed Hire a consultant to develop a draft bylaw. Have had discussion with one consultant and am expecting a proposal. The Town Planner is collecting regulations from around the state and nation to see how we can accomplish this as simply as possible. Tafoya. Develop process to be implemented in summer 2007. Tafoya to outline process and send to Town Manager Follow-up Date 09/30/07 09/30/07 card o#-selectmen . Date lssuelprolecq wo u1a~IQns . polietestRe~ Memorial Park -Z ues~Pr°~ect~ current Iss ckin,g L09 for Fo„ow-U~ Tra "tion Needed Date, Identified prok?lem. Controversy over allowed uses; pevelopment of Master Plan select.. Rest:. Liaison D 49134147 Was held on public Hearing Anthony park master plan; written up Town Counsel Recreating is and is omfy n the c the plans; Tow nding ame hearing Counsel a udge on S be{ore probate asonable " re June re n" petition. Per deviatio rt direction, published cou abutters and noticed Abutters sent in a ber of um petition with a n ,nts negative to coMm the petition. The stiould e sh does not feel w with the petition. roceed ed p e a revis We will hav for Bo park plan eber ring on Sep hea 18. 5 innn7 Board of Selectmen Tracking Loci for Current Issues/Projects 9/26/06 Master plan for Birch There are some key decisions Recreation Bonazoli Meadow site to be made on this site and we need a master plan for the area 8/31/2007 6 Develop a master plan for the property, including the Imagination Station site. We are.developing maps that show the entire site including the new school. Board of Selectmen appointed a committee.. 12/31/07 Date Issue/Proiectl Identified Problem Resp Select. Action Needed Follow-m Dept Liaison Date Trackin. Load for Current Issues/Projects Board of Selectmen ~ , Date 12/5/06 Issue/Pro~ectl Identified Problem Sight Triangles Review and reconsider in light of Town Meeting rejection of proposed bylaw Reso. Dept. Police Town Manager Select. Liaison_ Anthony Action Needed, Follow-up. Date CA to review tape of Town 07110/07 Meeting and develop list of issues raised. Chief to develop questionnaire to Town Meeting members to gauge acceptability of bringing issue back to Town Meeting. Further discussion at Board of Selectmen scheduled for July 10. Develop draft policy 09130107 3!13/2007 8121/2007 Policy on fund-raising The Town needs a policy re whether to encourage, and for public projects how to direct private groups who want to raise funds for public oroiects like narks Review with members Potential Charter Revision of Town Accountant's Association the supervisory relationship between the Town Manager and town Accountant Bonazoli Town Anthony Accountant Get information 12/31/07 7 8/31!2007 lssuel~'~O, ectl p~tE ; ..s 1!!MM" est;§ pPW (;1tiZen and is not ditch has silted up on Haverhill flowing - backs up and ° prainage free- ei hbors property r 4134106 Street a{{ects n g t C }~41~2106 paul McK►.non ' his~a-as ~1013~IIp7~ this work to be done r Goldy art of the storm water prnanagement program' needed from Right of entry and Trust and the open L r TGWR- €,O Storm water ponding in front ofi driveway A 'own Engines S, $ o~ 1 some remedial will do m See work this Summer - letter 1- George Zambouras08131!07 11-07. pnthonY uest~'rQjeCts or current lss Gkin~, L°~ f ~o11ow-u~. selectmen T ra pct►on Needed Date t Of sele Select. Board ' Res' Liaison. processes to we and can and ldenti#ied Problem. D see if regulations (Proj-e can set up issue cling in parks. Date. bottle recy to this issue the lso add A pgl3tlt~ problem with trash left in the parks cle bottles and DPW Qirectar Bonazali tsttcs wnen we ice We do not recy can we? Kevia . \jeterans Serv 0913()10, cans in parks - hire a new Recycling in parks Veterans Schubert officer g at Falt P.9ent 5115107 Tatt own ta when a veteran 6120j07 passes away w 9 u, nn'T process a better one. There were a number of comments at the end of the budget process last year that this is a very much improved process. . 4e) I will be making a presentation on the current status of RCASA. Members of the coalition may also be present. 4f) I will provide you with an updated Action Status Report. ~g) Enclosed is an outline of known Articles for the Town Meeting Warrant. The Board will need to decide whether or not they wish to pursue an amended Sight Triangle Bylaw. The Warrant closes on September 25, 2007. PIH/ps qO DRAFT -November 13 Subsequent Town Meeting WARRANT OUTLINE 08/31/2007 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 1 ~Rch~>ri~ L~~~ar~l uf~elr~in~cn 2 1 IstructiolIti 3 Amend Capital Improvement Board of Selectmen Program FY 2008 - FY 2012 9 Debt Authorization - curbs, Board of Selectmen • sidewalks, and pedestrian improvements 10 sl Flu Tri"m'-lc _ Amendment - CPDC 11 Zoning Bylaw • Accessory Structures, and Lot Coverage _ I Rr5~ul~in~r~ (1cht ~uai~l ul Scl~~.u~un o 13 Release Conservation restriction - Board of Selectmen 4 Peter Sanborn Place 16 15 4 ~r~ 1 ctL q FY08 Budqet Revisions - Fall Town Meetinq, Revenues Expenses Totals from A+B+C below A Benefits Health Insurance -actual enrollment to 6/30/07 RMLD adjust for actual Water adjust for actual Sewer adjust for actual Enrollment cushion Life Insurance Workers Compensation RMLD adjust for actual Water adjust for actual Sewer adjust for actual Savings on actual B I Vocational Education NE Regional Minute Man Budgeted amount Actual Suggested $ 568,672 $ 425,000 $ 499,999 $ 424,999 $ 212,222 I $ 287,222 DRAFT COPY as of August 31, 2007 $ 140,000 as per April TM actions $ 70,000 RMLD only pays actual $ 15,000 credit to Water budget $ 10,000 credit to Sewer budget Jan 1 changes may mitigate $ 5,000 $ (27,778) RMLD only pays actual credit to Water budget credit to Sewer budget $ 140,000 $ 70,000 $ 15,000 $ 10,000 $ 75,000 $ 5,000 $ 5,071 $ 2,873 $ 598 $ (36,320) $ 76,277 $ 76,277 $ 295,877 $ 30,400 $ (250,000) C1 Operating Budgets $ 136,500 $ 136,500 1 Vacation/Sick leave buyback $ 6,500 $ 6,500 Town - Accounting Dept. Staffing for Fin'I Tech. (OT) $ 25,000 $ 25,000 Town - Finance Dept. Pay and Class Study $ 25,000 $ 25,000 Town - Finance Dept. (Town & Schools) Library elevator repairs $ 30,000 $ 30,000 Facilities - Town .Bldgs DPW - Highway Maint $ 50,000 $ 50,000 Town - DPW Dept. Capital D ( New requests from free cash $ 42,228 Upgrade voting machines Fully fund DPW capital Highway Equipment approved Lawnmower $ 65,000 Dump Truck #11 $ 82,000 Rack Spray Truck $ 130,000 E I New requests from reserves- Fully fund Storm Water capital Storm Water Equipment approved Dump Truck #7 $ , 82,000 $ 22,000 $ 20,228 actual shortfall $ 65,000 $ - $ 86,212 $ (4,212) $ 146,016 $ (16,016) $ (20,228) $ 6,212 1 actual shortfall $ 88,212 $ (6,212) 14q Z Board of Selectmen Meeting August 21, 2007 . 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 James Bonazoli, Secretary Ben Tafoya, Selectman Camille Anthony, Town Accountant Gail LaPointe, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Norma Sweeney, Tim Reilly, Elise Ciregna, Roger Frechette, Robert Hunt, Steve and Anne Kiley, Mary Ellen O'Neill, Gina Snyder, Stephen Buitkus, Mr. and Mrs. Starble, Mario Cutone, John Sousa. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Camille Anthony noted that she had a newspaper article regarding being pet ready in emergencies. She suggested that there be a website link that has a list of things to have in your house in an emergency. She also noted that there is a Community Preservation Act Study Committee Meeting on Thursday night. She congratulated the Water Department for receiving an award. Chairman James Bonazoli noted that the Birch Meadow Committee has been meeting. They will be presenting a draft report in October. They are sending out a survey to teens regarding use of that area and another survey community wide. They are focusing on how to increase the amount of play area. Chairman Bonazoli also noted that he met with the Water, Sewer and Storm Water Management Advisory Committee, and they will be on the September 4, 2007 agenda to disband. Town Manager's Report The Town Manager gave the following report: • Franklin Street sidewalks are under construction. • The following road construction projects are ongoing: Hampshire Road, Lawrence Road and Governors Drive. • The next Household Hazardous Waste Collection is at Wakefield High School on September 22nd. This is a joint program with the Town of Wakefield, open to Reading and Wakefield residents. There will be another collection in Reading in the Spring. • The Board of Selectmen will be having a hearing on August 28th at 7:00 p.m. in the Selectmen's Meeting Room at Town Hall regarding a 40R application for a portion of the Addison-Wesley/Pearson site. • Friends of Reading Recreation is hosting a program on August 26th at Memorial Park including games, a concert and a movie. • We are not producing YCC anymore. The cost to our sponsors, particularly of the postage, has become prohibitive. We will look at doing an "online" version with a few printed copies for distribution in public buildings. sa. Board of Selectmen Meeting - August 21, 2007 - Page 2 Assistant Town Manager/Finance Director's Report - Bob LeLacheur noted that the Finance Committee met this week. They made a motion that the Selectmen and School Committee submit any comments in writing on the budget process one week before the September 12, 2007 meeting. Selectman Ben Tafoya noted that this is a political process and there are scarce resources. He feels that Town Meeting should be more involved, and also feels that we need to think creatively within our region. Selectman Camille Anthony noted that she would like discussion on health care costs. The Assistant Town Manager noted that the Finance Committee will be taking on the work of the Water, Sewer and Storm Water Management Advisory Committee. He also noted that there was paperwork for the Selectmen to sign this evening for the sewer I/I loans and grants. Personnel and Appointments Board of Cemeterv Trustees - The Board interviewed Elise Ciregna for one position on the Board of Cemetery Trustees. A motion by Anthony seconded by Tafova to place the followine name into nomination for one position on the Board of Cemeterv Trustees with a term expiring June 30. 2010: Elise Madeleine Cire2na. Ms. Ciregna received three votes and was appointed. Birch Meadow Planning Committee - The Board interviewed Roger Frechette and Robert Hunt for two positions on the Birch Meadow Planning Committee. .Tafova moved and Anthonv seconded to place the following names into nomination for two positions on the Birch Meadow Planning Committee with terms exvirine December 31. 2007: Roger Frechette and Robert Hunt. Each candidate received three votes and were appointed. Finance Committee Representative on the Community Preservation Act Studv Committee - The Town Manager noted that Matthew Wilson is interested in serving as the Finance Committee's representative on this committee. Tafova moved and Anthonv seconded to place the following name into nomination for one position as the Finance Committee's representative on the Community Preservation Act Study Committee with a term expiring December 31. 2007: Matthew Wilson. Mr. Wilson received three votes and was appointed. Finance Committee Member on the Northern Area Greenwav Task Force, - The Town Manager noted that Matthew Wilson is interested in serving as the Finance Committee's representative on this committee. Board of Selectmen Meeting - Aueust 21, 2007 - Page 3 Tafova moved and Anthonv seconded to place the following name into nomination for one position as the Finance Committee's representative on the Northern Area Greenwav Task Force with a term expiring December 31. 2007: Matthew Wilson. Mr. Wilson received three votes and was appointed. Discussion/Action Items Town Accountant Ouarterlv Meeting - Town Accountant Gail LaPointe was present. She indicated that the construction of the data center is complete. Now we need to get the equipment and furniture. The WAN is complete and will be tied into the new data center. She noted that a contract has been signed with Tyler Technologies and the pricing is fixed for two years. The first year is budgeted for set up and assistance with training. The biggest cost is moving the wiring. 11 Selectman Camille Anthony asked if the Light Department is included, and Gail LaPointe indicated that they are not but the reports will have more details than we now have. Discuss Charter and Town Accountant Regulations - The Town Manager noted that the question was raised as to the process of the Town Manager supervising the Town Accountant when the Town Accountant is appointed by the Selectmen. Selectman Camille Anthony asked Gail LaPointe who supervised her in Burlington. She indicated that she was appointed by the Board of Selectmen and she worked with the Town Manager. The Town Manager noted that she is a Department Head and he did her review. Selectman Ben Tafoya noted that the Selectmen fire and appoint the Town Accountant. He feels that they don't need a formal involvement. Selectman Camille Anthony suggested that Gail contact the Town Accountant Association for best practices. Hearing - Reauest for Tree Removal - 16 Vine Street - The Secretary read the hearing notice. Steve and Anne Kiley were present. The Town Manager noted that this is a request for a tree removal that the Tree Warden denied. He also noted that there is an e-mail in the handout from Gina Snyder. He noted that if the Selectmen approve the removal of the tree, the Selectmen could require two replacement trees. The Tree Warden would plant and the homeowner would pay $500 per tree. Steven Kiley indicated that he is making the driveway safer. Both his wife and daughter fell in the driveway and his wife is disabled, and he noted that a limb of the tree overhangs his house. Selectman Camille Anthony noted that the Tree Warden and Bruce Fenton concur that the tree is healthy. Mr. Kiley noted that he is adding 22 bushes to the side of his property. 5a3' Board of Selectmen Meetins - Aumst 21.2007 - Pate 4 Mary Ellen O'Neill of 125 Sumner Avenue noted that she is in favor of saving the tree because it provides beauty, cooling and water retention. She also noted that Tree Warden Bob Keating told the homeowner that the tree was healthy before he started the project, and the homeowner continued with the plan anyway. She noted that the tree is 60 years old. Gina Snyder of 11 Jadem Terrace noted that the homeowner could make the driveway around the tree. She indicated that the tree is valuable. Stephen Buitkus of 20 Vine Street noted that the .pictures. don't show the lower limbs that have been broken off. He also noted that the tree is overgrown and there are newer trees in the neighborhood. The Town Manager suggested a split driveway made of pervious material so water can get to the roots. Mr. Kiley noted that he was looking at stamped slate instead of pervious material, and also noted that at least one limb needs to be removed for safety reasons. A motion by Tafova seconded by Anthonv to close the hearine on the request for a tree removal at 16 Vine Street was approved by a vote of 3-0-0. A motion by Anthonv seconded by Tafova to not approve the tree removal at 16 Vine Street but the Board of Selectmen does herebv Prant a waiver of the Town's drivewav opening! permit to allow two drivewavs at the above property. each drivewav not exceedin,2 12 feet in width. and the drivewav material being constructed of pervious material such as pavers which will allow water to infiltrate the root zone of the existing tree. details of construction subiect to the approval of the Town Engineer to meet tree planting standards was approved by a vote of 3-0-0. Hearina - Request for Waiver - Drivewav Onenin2 55 Walnut Street - The Secretary read the hearing notice. Mr. and Mrs. Starble were present. The Town Manager noted that the homeowner is building an addition to the house. The Town's maximum driveway opening size is 24 feet, and they are requesting a 35 foot opening. Mrs. Starble noted that they received a building permit but the driveway opening was not approved. She also noted that it is a narrow street. Mr. Starble noted that the opening is consistent with a three bay garage. Chairman James Bonazoli noted that he did not see any reason to expand the opening to 35 feet. He also noted that the Selectmen have never approved a 35 foot opening before. A motion by Tafova seconded by Anthonv to close the hearing on the drivewav opening at 55 Walnut Street was approved by a vote of 3-0-0. j ~j Board of Selectmen Meeting - August 21. 2007 - Paf4e 5 A motion by Tafova seconded by Anthonv to approve the waiver of the drivewav opening at 55 Walnut Street to permit a drivewav width of 35 feet in addition to a drivewav to the prouerty at 51 Walnut Street within an easement failed by a vote of 0-3-0. Review Downtown Parking Committee Report - The Town Manager noted that the major recommendation early on was to explore a parking structure. Funding is not available for a feasibility study. Earmarks will be determined in a couple of weeks so we should wait before making a decision. The Town Manager noted that the Committee went to property owners who have excess parking to see if they are interested in sharing. He knows of two surplus properties but they are not in the core area. Shared parking needs more follow through; i.e., church parking lots, residential parking lots, etc. Selectman Camille Anthony asked what the downside was of moving ahead with a parking structure. The Town Manager noted that we could not take it to Town Meeting without fully exploring. He also noted that the need is based on built spaces that are not occupied. Selectman Camille Anthony noted that the Parking Report indicates that employees are not happy with the blue zone. Selectman Ben Tafoya noted that is because it costs more than the residential stickers. The report does recommend charging more for commuter parking. Chairman James Bonazoli noted that the Downtown area is at its lowest vacancy rate, and the Town needs to move forward while development is in process. Selectman Camille Anthony suggested not waiting for State money. The Town Manager indicated that he will get a cost and come back to the Board. Review Reauest to Sell Lot on Birch Road - Mario Cutone was present. The Town Manager noted that Mr. Cutone lives on Marla Lane and is inquiring about Town owned land on Birch Road. It is tax title land. Staff has no objection and he would be required to re-deed. The Town has no reason to hold onto the land. Mr. Cutone noted that he wants the land to put a sports court on it - tennis/basketball court. Chainnan James Bonazoli noted that the assessed value needs to realize that the lot could be split and put up for sale. The Town Manager noted that the appraisal of the property would determine if another house could be put on it and if the lot can be subdivided. The Board tools no action. Review Reauest to Vacate a Portion of Tower Road - The Town Manager noted that Tim Reilly is requesting that the Town vacate an extension of Tower Road because the Town will never extend it. The property owners would have to do the legal work to correct the deed. There are no wetlands, utility or public safety concerns. 5a5 Board of Selectmen Meeting - August 21. 2007 - Page 6 A motion by Anthonv seconded by Tafova that the Board of Selectmen. having reviewed the issue of the ownership of the parcel of land initiallv intended as a continuation of Tower Road east of.Bancroft Avenue. have determined that the Town of Reading has no interest in constructing a continuation of Tower Road and. therefore. has no obiection to the abutting property owners going through the necessarv legal process and securing title to those lands so described was approved by a vote of 3-0-0. Review Request to Vacate a Portion of Robert Road - The Town Manager noted that the property is off Lowell Street. The abutting property owners share and maintain. He needs to get staff recommendations. John Sousa of 20 Parkman Road noted that he and his neighbor keep their boats on this land. He also noted that paper roads were more popular a few years ago when there were no sidewalks on Lowell Street. Selectman Camille Anthony indicated that she would like a response from the Fire Department. Selectman Ben Tafoya suggested noticing everyone in the neighborhood and then hold a hearing. The Board took no action at this time. MWRA Sewer Debt Authorization - The Assistant Town Manager noted that there were forms for the Board to sign to authorize sewer debt. A motion by Anthonv seconded by Tafova to approve entering into and executing a Financial Assistance Agreement and a Loan Agreement with the Massachusetts Water Resources Authoritv (the "MWRA") and anv other agreements as may be deemed necessarv in connection with the issue and sale of an interest free loan in the aggregate principal amount of $44.330 Sewer Bond (the "Bond") to MWRA; That the Bond is authorized pursuant to Chapter 44, Section 7(1), of the General Laws. as amended and supplemented. and being a portion of the $380.000 Sewer Bonds authorized by a vote of the Town duly adopted under Article 17 at the 2007 Annual Town Meeting. shall be an interest free loan in the aggregate principal amount of $44.330 dated as of its date of issue and shall be oavable $8.866 on August 15t" in each of the vears 2008 to 2012. inclusive, was approved by a vote of 3-0-0. Discuss Number of Constables - The Town Manager noted that the Town has five Constables and the Selectmen can appoint up to five. He suggests reducing to two or three. Constables post the Warrant for Town Meeting and occasionally deliver unsigned Certified Mail for the Town. A motion by Anthonv seconded by Tafova to change the number of Constables to three through attrition was approved by a vote of 3-0-0. ' a~° S Board of Selectmen Meeting - August 21. 2007 - Page 7 Amroval of Minutes A motion by Tafova seconded by Anthonv to annrove the minutes of August 7. 2007, as amended, was aUUroved by a vote of 3-0-0. A motion by Tafova seconded by Anthonv to adjourn the meeting of August 21. 2007 at 10:00 U.m. was aAUroved by a vote of 3-0-0. Respectfully submitted, Secretary 5 Revised 8-20-07 BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 CHAPTER LAND PROCEDURES AND CHECKLISTS yC aos PROCEDURES TO BE FOLLOWED UPON RECEIPT OF NOTICE UNDER CHAPTERS 61, 61A, &.61B (FOREST, AGRICULTURAL, & RECREATIONAL LAND) I. Applicable Land: Any land currently taxed or within one (1) year of being taxed under these chapters, cannot be sold for, or converted to, residential, industrial, or commercial use without giving notice to the town of the intent to sell or convert use. a. Discontinuance of forest certification does not itself create a conversion of use. Specific use of land for a residence for any person actively involved in full-time work related to forest use shall not be a conversion. b. These sections do not apply to mortgage foreclosure sales. But, mortgage holders must provide the town with written notice, as described below, no fewer than ninety (90) days before a foreclosure sale. II. Landowner's Notice to the Town: A. Notice of Intent to Sell for other use must include: 1.. Statement of Intent to Sell 2. Statement of Proposed Use of Land 3. Location, acreage of land as shown on map drawn at scale of assessors map. 4. Name, Address, Telephone Number of Landowner 5. Certified copy of executed Purchase and Sale Agreement specifying purchase price, all terms and ~ a' L ~c Scif l ARCHfrECTURE INVOLLMON, uL August 29, 2007 Mr. Chris Cormier TLT Construction Corp. 1 Pope Street Wakefield, MA 01880 Re: Site Dust and Debris Control Reading Memorial High School (RMHS) Dear Chris, Project Management Budgeting &.Scheduling 286 BOSTON POST ROAD WAYLAND, MA 01778 508-358-0790 (T) 508-358.0791(F) With the recent increase in sitework activity, the Town has received several complaints with regard to dust control, debris control, and overall air and environmental quality surrounding the site. We understand that there is a significant amount of activity required for final completion of the sitework. However, this does not release any party, from the requirements of the Construction Specifications sections as follows: 01150 - Air Quality 01145 - Occupancy Requirements 01011 - Project Phasing Requirements 01500 - Temporary Facilities and Controls We would like to specifically request heightened attention to issues and compliance related to dust control, street cleaning, stockpiling, wet travel areas, cleaning, hours of operation, and noise control. These issues have been discussed numerous times and your compliance is extremely important at this time. During the early stages of sitework the Owner requested that TLT be prepared to address any cleaning that may be required at neighborhood (abutting) houses, and TLT agreed to address such cleaning. On July 2, 2007, the Owner indicated that several neighbors had contacted the Town regarding cleaning of their houses and property, and that TLT should advise on the status of such actions. The Owner has received no further correspondence on. this issue, and it continues to be carried as an item within the weekly meeting minutes as follows: "Item 146.4 7/2/07 Owner noted that they have been contacted by neighbors regarding the cleaning of their houses due to dirt/etc., due to the on going sitework operations. Owner noted that TLT had previously agreed to allocate money for houses that need to be cleaned. TLT to advise." gl AI* ARCHUCTURE INVOLUTION, U,C Project Management Budgeting & Scheduling 286 BOSTON POST ROAD WAYLAND, MA 01778 508-358-0790(l) 508-358.0791(F) The Town now wishes to provide the abutters with a clear action plan, and a lack of response from TLT will require the Town to develop their own plan. Please advise on this matter immediately, cc: Pat Schettini, Superintendent of Schools Dave Capaldo, Design Partnership of Cambridge Peter Hechenbleikner, Town Manager Jane Fiore, Health Director S 7/ t, / C)~-) N ~FRFq Town of Reading Cq 16 Lowell Street Reading, MA-01867-2683 {s39 INCO Fax: (781) 942-5441 Website: www.ci.reading.ma.us PUBLIC WORKS . (781) 942-9077 August 30, 2007 Ben and Shirley Grillo .69 Minot Street Reading, MA 01867 Dear Ben and Shirley Grillo: After receiving several inquiries from the residents of Reading and during a recent inspection in your neighborhood, the Town discovered an issue regarding the sidewalk in front of your home. It was notice that a large section of the sidewalk has been loamed over. The Town of Reading does not allow homeowners to loam over, block, damage, destroy, or interfere with the use of any sidewalk under the jurisdiction of the Town of Reading. This sidewalk is on the Town's right-of- way and is the property of the Town of Reading. Therefore, the Department of Public Works must ask you to have this loam removed from the Town's right-of-ways before September 30, 2007. This decision can be appealed to. the Board of Selectmen by typing an email to the Town Manager at nhechenbleikner@ci.readine.ma.us or by writing a letter to the Town Manager at the following address: Peter Hechenbleikner, Town Manager 16 Lowell Street Reading, MA 01867 If you do decide to appeal the removal decision, then in the email or letter to the Town Manager, reference this letter and state why you feel that the loam should stay. Request from the Town Manager in the correspondence that you wish to appeal this decision to the Board of Selectmen and ask that you be notified when the meeting is held, so that you may attend. If you have any questions, please do not hesitate to contact me at 781-942-9082. re , Peter T. Reinhart Civil Engineer J L. /C' a C// Town of Reading 16 Lowell Street Reading, MA 01867-2683 Fax: (781) 942-5441 Website: www.ei.reading.ma.us August 30, 2007 Barbara Melanson 704 Haverhill Street Reading, Ma 01867 Dear Ms Melanson: PUBLIC WORKS (781) 942-9077 As Tree warden for the Town, of Reading, it is my job to preserve and maintain healthy street trees. The tree is question is a 28" diameter Red Oak. The tree is in excellent condition. I receive requests on a regular basis from homeowners to remove street trees that interfere with their line of site exiting driveways. If the tree is healthy, I deny their request. Your request for removal.of this tree is denied. You may appeal my decision to the Board of Selectmen. Please contact me if you have any questions. Sincere) Robert L. Keating Tree warden cc: Peter Hechenbleikner Edward D. McIntire, Jr. Page 1 of 3 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, August 23, 2007 1:38 PM To: Reading - Selectmen; Kowalski, Carol Cc: Schena, Paula Subject: FW: MetroFuture Roundtable Discussion: Next meeting 9/26 in Topsfield Attachments: Directions.doc Paula - I/c BOS From: Stoler, Brad [mailto:BStoler@mapc.org] Sent: Thursday, August 23, 2007 12:37 PM To: Stoler, Brad Cc: Meshoulam, Benjamin; Cotter, Amy Subject: MetroFuture Roundtable Discussion: Next meeting 9/26 in Topsfield _r r f' r Futti-LIZ:' k, Please join us for a Leadership Dialogue of Selectmen and Planning Board Members in Topsfield on Wednesday, September 26 MetroFuture: Making a Greater Boston Region Leadership Dialogue Wednesday, September 26, 2007 Procter Elementary School Cafeteria 60 Main Street Topsfield, MA 01983 6:30 p.m.: MetroFuture Presentation 7:00 p.m. - 9:00 p.m.: Discussion A light supper will be served Please contact Brad Stoller at 617-451-2770 x2048 or bstoler@mapc.org to RSVP Dear Municipal Leader: Several weeks ago, Selectmen and Planning Board members from across the r met at a MetroFuture leadership dialogue to discuss our region's future. MAPC pleased to host another roundtable discussion as a follow-up to that important conversation. The outcomes of this discussion will be used to help shape sped recommendations for implementing the MetroFuture plan, including legislation, model by-laws and ordinances, program guidelines, and recommendations for by residents, corporations, and institutions. From 6:30-7.00 pm we will be presenting the MetroFuture regional plan. If you not seen this presentation, we recommend you join us at 6:30 pm. The full discussion will begin at 7.•00 pm. MetroFuture is MAPC's regional plan for growth and development in Greater Bc through 2030. As you may know, the Metropolitan Area Planning Council (MAF required by law to develop such a plan about once a decade. To date over 4,0( people and organizations - including many of you - have participated in develol the MetroFuture plan. Please feel free to designate a member of On May 1, we adopted a blueprint for what we hope the region will look like in 2 your Board of Selectmen and Planning Now, we are developing an implementation strategy to get us there. Local elect Board to attend this meeting, officials have been active participants in this process, and we need you to enga 8/23/200'7 Page 2 of 3 Directions Attached Rtil!,flit ;tl~t~~f{2, 1"K SS 11 F+1 tl;iSA IvIAPC the critical phase of developing implementation steps. Please join us on September 26 to learn more about the MetroFuture plan, and generate the ideas that will make it a reality. We are limiting this event to select and planning board members, to truly hear the perspectives of local elected offil -feel free to designate one of your colleagues to represent your community if y are unable to attend. Please RSVP to Brad Stoler at (617) 451-2770 ext. 2048 or bstoler@mapc.org, for more information, please visit www.metrofuture.ora. Your participation is an invaluable part of our success! Marc Draisen Executive Director ~v ~b 8/23/2007 Page 1 of 1 zk, /go Schena, Paula From: Hechenbleikner, Peter Sent: Monday, August 27, 2007 9:17 AM To: Iron ron; Reading - Selectmen Cc: Cormier, Jim; Schena, Paula Subject: RE: police dept in illegal use of microphones / wire taping Ron Wood, Thanks you for your email. You have raised this issue n the past and we have found no validity to it. If you are unsatisfied with local action on this matter I suggest that you contact the Middlesex District Attorney's Office to investigate. Peter I. Hechenbleikner Town Manager Paula - L/c BOS From: ron ron [mailto:landlord42003@yahoo.com] Sent: Monday, August 27, 2007 7:49 AM To: Reading - Selectmen Subject: police dept in illegal use of microphones / wire taping look im getting a interference and i traced it, and found it to be the police dept its a audio surviellance the house shakes when a vehical goes by the house i got a feed back soy i know where it is coming from can hear the phones ringing in the police station and the police cruisers can see them moving around and what direction there pointing the microphones. i even, know the frequency the microphone is on. and can hear them talking. knock it off. Chats illegal. town manager does not help by notifing the detectives . its the selectman or the police cheif . if they want to play games with the microphones at rite and day. then they can go home and play. and they dont need to work for the reading police department. go get another job. play your games somewhere eles and stop listening to the neighbors. town manager cant seem to control the depts below him. maybe you should get rid of the ones doing it. and also remove the police cheif. Sick sense of humor? Visit Yahoo! TV's Comedv with an Edize to see what's on, when. r J 8/28/2007 READING DOWNTOWN STEERING COMMITTEE, Inc Page 1 of 2 L/C ~C~ Hechenbleikner, Peter From: Jack & Peg Russell Uhrx642@corncast.net] Sent: Wednesday, August 29, 2007 12:24 AM To: Sheila Clarke; John Russell; Jay Smith; Kathryn Greenfield; Peter Simms; Adams, Virginia Cc: Kowalski, Carol; Hechenbleikner, Peter Subject: DSC 2007 ANNUAL MEETING MINUTES READING DOWNTOWN STEERING COMMITTEE. Inc. MINUTES OF THE ANNUAL MEETING Wednesday August 22, 2007 Directors Attending: Pres. Peter Simms V.P. Kathy Greenfield Clerk Jack Russell Virginia Adams Adele Blunt Guests: Selectman Liaison to the DSC James Bonazoli, . Town Manager Peter Heckenbleikner Community Services Director/Town Planner Carol Kowalski President Simms officially opened the meeting at about 12:10 pm. President Simms presented the financial report prepared by Treasurer John Crosby who was not present. date we have $123.91 cash on hand, $2,145.99 in the bank and $1,500.00 pledged for a total of $3,769.9( Directors Peter Simms, Jack Russell, Jay Smith and Adele Blunt, whose terms were expiring, were re-ele another 3 years to August 2010. Sheila Clarke, a member of the EDC, was also elected a director for a 3 through August 2010. Director Marjory Wentworth has moved to Vermont and Director Ron Boucher is moving to Hingham. Marjory and Ron for their many years of service as directors. The current officers of the corporation were re-elected for the next year. Peter Heckenbleikner, the Town Manager, announced that the contract for the Downtown Streetscape Pr( this week, been let by the State and that construction should start as soon as the contractor (Marchesi) cal organized, probably in a month to six weeks. Peter asked that the DSC be prepared to meet more frequen during the construction project to consult on ancillary features that may be desirable but not currently in 1 scope. Carol Kowalski, the new Town Planner, reviewed some of the other happenings in town and stressed the getting the Arts community more involved in the downtown revitalization. The meeting adjourned around 2:00 pm. 8/29/2007 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, August 30, 2007 3:03 PM To: 'Karen Dolan; Town Manager; Ben Tofoya Cc: Zambouras, George; McIntire, Ted; DeBrigard, Mike Subject: RE: Pearl St/Main St Water Patrick and Karen Our engineering staff has, reviewed the issues you have raised. While they do not necessarily agree that there is more water coming off of Main Street onto Pearl Street than there has been in the past before Pearl Street was re-constructed, they also do not feel that placement of curbing in front of your property would be the best solution to any additional water that may be migrating off of Main Street. Therefore, the Town will be raising the pavement of Pearl Street at Main Street slightly to make sure that the gutter line on Main at Pearl works properly and that the majority of water traveling down the hill on Main Street, stays on Main Street to be managed in that storm drain system. We anticipate doing this work within the next few weeks. Peter I. Hechenbleikner Town Manager From: Karen Dolan [mail to:kg754@comcast.net] Sent: Friday, August 17, 2007 9:59 AM To: Town Manager; Ben Tofoya Subject: Pearl St/Main St Water Dear Peter & Ben: First of all, my wife and I wanted to say thank you for taking the time to meet with us just before the board of selectman's meeting (Tuesday, August 7, 2007). We appreciate you and selectman Ben Tafoya taking the time to listen to our issue. Second, we wanted to follow up with you and see if you had a chance to speak with the Town engineer? If so, we were wondering what the outcome of those discussions were? During our brief conversation, one of the issues you had mentioned was whether or not the issue is a Town or a state matter? My wife, and to some extent myself, have had conversations with representative Brad Jone's office. The end result of these discussions culminated with a letter from representative Jones office which was forwarded by e-mail to you last Friday. We believe one important outcome from this letter was the determination that the town would be best suited to resolve this matter. Furthermore, the letter proposes a solution of granite curbing being installed along the front of our proper However, the disagreement comes as to whom should be responsible for the payment of such a project. Frankly, we feel the source of the issue lies with the way in which storm water and debris flows from Route 28/Main Street onto Pearl Street and eventually onto our property. Therefore, we would respectfully request assistance in addressing the implementation and costs associated with installing a granite curb. My understanding is that you are on vacation this-week and hope you are having an enjoyable vacation. When you have a chance next week, we would appreciate a response regarding this matter.' Very Truly Yours, Jr-1 Patrick and Karen Dolan 754 Pearl Street, Reading TRACKING OF LEGAL SERVICES - FY 2008 Monthlv Hours $ Month Monthlv Monthlv Hours Cumulative Available Monthlv Monthlv Cumulative Available Hours Hours Used vs +I- Remainder $ $ Cost Remainder Allocated Used Allocated of 1/2 vear Allocated Used Year July 49.0 70.3 21.30 21.30 223.70 $6,667 $9,522 $30,480 August 49.0 $6,667 September 49.0 $6,667 October 49.0 $6,667 November 49.0 $6,667 December 49.0 $6,667 294.00 70.3 0.00 $40,002 $9,522 $0 $0~ January 49.0 $6,667 February 49.0 $6,667 March 49.0 $6,667 April 49.0 $6,667 May 49.0 $6,667 June 49.0 $6,667 Subtotal 294 0 $40,002 $0 Total 588.00 70.3 21.3 $80,004 $9,522 $70,4821 8/30/2007