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Home My WebLink About2007-05-22 Board of Selectmen PacketPage lofl Hechenblefter, Peter �Va 14a From: E Ellen Doucette Sent: F Friday, May 1B.2OO73:17PM, To: H HechenNeikner,Peter, Co: F Feudo,John AAG Soris has approved the attached petition. A hard copy is being sent to her on Monday for her assent. |will let you know when it is filed, etc. with the court. Ellen 'Ellen Callahan Doucette, Esq. Brackett &Lucas 165 Washington Street Winchester, K8AO18S0 781 729-1500 (781)720-5444Facsimile i ~~� q COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. PROBATE AND FAMILY COURT NO. TOWN OF READING, ) Plaintiff ) DRAFT 5 -17 -07 o ) VS. ) MARTHA COAKLEY, as she is the ) Attorney General of the Commonwealth ) of Massachusetts, ) Defendant ) PETITION TO PERMIT REASONABLE DEVIATION 1. The Plaintiff invokes the jurisdiction of this court pursuant to the provisions of M.G.L. Chapter 215, §6 and files this petition in accordance with M.G.L. Chapter 214, § l OB apropos to the doctrine of cy pres, seeking a reasonable deviation from the terms of a deed conveying a parcel of property to the Town of Reading for park purposes. PARTIES 2. Plaintiff, Town of Reading (the "Town ") is a duly formed municipal corporation with executive offices located at 16 Lowell Street, Reading, Massachusetts. The Town, is the Trustee of a charitable gift of land identified throughout this Petition as "Reading Memorial Park" and more particularly described herein. 3. Defendant, Martha Coakley, (the "Attorney General ") is the duly elected Attorney General for the Commonwealth of Massachusetts and is named in the named Defendant in this Petition pursuant to the provisions of M.G.L. Chapter 12, §8G /C,z. in her capacity as the representative of the public interest in the administration of charitable funds and properties. Pursuant to §8G, the Attorney General is required to be made a party to all judicial proceedings in which she, may be interested in the performance of her duties in enforcing the use of public properties in accordance with §8. FACTS 4. By deed dated February 10, 1917 and recorded with the Middlesex South Registry of Deeds in Book 4122, Page 577, Mary E. Temple, May Louise Temple and Lucia L. (Temple) Crocker, Frances A. Batchelder and Clara C. Pierce (collectively referred to herein as the "Temples "), conveyed to the Town an approximately 11.5 acre parcel of land located between Harrison, Salem and Charles Street in Reading, Massachusetts "to be improved and maintained as a Public Park" (the "Reading Memorial Park"). 5. Reading Memorial Park was to be "laid out and ornamented with trees and shrubbery, as a place for healthful rest; recreation and amusement for people of all ages, with proper facilities for such children's sports as can generally be indulged by them, and tend to their proper development and furnish them with amusement. But said land shall not be used as a playground for football, baseball, soccer and kindred games, or any games that are in their nature hazardous, or require fenced enclosures or tend to draw together crowds of people, or interfere with the quiet enjoyment of those whose homes are in the immediate neighborhood" (referred to hereinafter as the "Condition "). A copy of the 1917 deed is attached hereto as Exhibit A. /c,,3 6. The Town accepted the gift of land from the Temples at the 1917 Annual Town Meeting. A copy of the relevant portion of the Town Report of 1917, Article 6, is attached hereto as Exhibit B. 7. On May 7, 1953, Mary Louise Temple, Lucia L. Crocker and Trustees and representatives of the grantors identified in the 1917 deed executed a "Release of Condition in Deed of Gift" which is recorded with the Middlesex South Registry of Deeds in Book 8077, Page 35. A copy of this "Release of Condition in Deed of Gift" is attached hereto as Exhibit C. The aforementioned Release expressly permitted the Town to use the Reading Memorial Park as the site for the construction of a swimming pool but otherwise ratified and confirmed the Condition. The swimming pool was never constructed. The last of the remaining Temples died in 1970. 8. At present, Reading Memorial Park is clearly an underutilized Town resource and the enhancements for which the Town now seeks permission are consistent with the donors' original intent: 9. Participation in organized sports including, but not limited to, football, baseball and soccer, have become an immeasurable and integral part of youth development but such sports are prohibited at Reading Memorial Park by the terms of the Temple gift. Since the Town's acceptance of the gift of Reading Memorial Park, the population of the Town has grown considerably. The passage of Title IX has resulted in the participation of girls and young women in most if not all organized sports, an occurrence not likely envisioned by the Temples in 1917. For these /CN reasons the Town currently lacks adequate recreational space to accommodate the activities of all of its residents. 10. On April 27, 2004, the Reading Board of Selectmen created an ad hoc committee named the "Memorial Park Use Review Committee" (the "Committee ") charged with clarifying the restrictions placed upon the use of the Reading Memorial Park by the restriction and investigating future uses which might be permitted thereon. Establishment of the Committee was motivated by the increased recreational needs of the Town which as referenced hereinabove, have changed significantly since 1917. 11. The Committee conducted research to identify the types of activities and uses historically conducted at Reading Memorial Park subsequent to its conveyance to the Town and during the time when the Temples were residents of the Town. The Committee identified activities of interest to both younger and older residents of the Town including, but not limited to, the construction of a bandstand where concerts and theatre productions occurred, Community Day activities, fireworks displays sports instruction provided under the direction of the town Parks Department and the occurrence of organized sporting events such as softball, baseball and football. These activities are referenced more specifically on page 4 of the Preliminary Report Memorial Park Use and Restrictions dated November 23, 2004 and presented to the Board of Selectmen by the Committee, a copy of which is attached hereto as Exhibit C. 12. The Committee then conducted a survey of the Town's residents to ascertain how or if they used Reading Memorial Park, and whether or not residents wished to / c's I expand the uses that were permitted by the 1917 grant. The overwhelming response received from those Town residents who participated in the survey was that Reading Memorial Park should be utilized to alleviate the shortage of recreational facilities in the Town. A copy of the Ad Hoc Memorial Park Use Review Committee Survey with attached survey results is attached hereto as Exhibit D. 13. The Committee also held a duly noticed public meeting to discuss its charge and seek public input on potential uses for Reading Memorial Park and specifically and specially notified the immediate abutters thereto. A copy of a public notice with attached abutters list is attached hereto as Exhibit E. 14. The Committee submitted a Final Report to the Board of Selectmen dated December 7, 2004 wherein it recommended that the Town file a cy pres petition to seek approval for the expanded use of Reading Memorial Park. A copy of the December 7, 2004 report is attached hereto as Exhibit F. 15. Uses which have been contemplated for Reading Memorial Park include but are not limited to, making the Park more widely available for a variety of community events; allowing the use of the Park for scheduled practice times for organized sports under the direction of the Town's Recreation Division; establishment of a walking path; designation of unassigned space for other passive recreational activities; permitting the continued operation of a playground; basketball court; and ice skating area. A copy of a plan of proposed uses is attached hereto as Exhibit G. /cZ 16. No organized sporting events, only practices, are envisioned for Reading Memorial Park. 17. The Town has expended and will continue to expend in -house resources such as those provided by the Department of Public Works to maintain the condition of Reading Memorial Park and the Recreation Division to oversee its use. 18. The Town by and through its Recreation Division has already envisioned a fundraising plan and has identified other financial resources for the development and continued maintenance of Reading Memorial Park and in fact, the Friends of Reading Recreation, a local non - profit organization, has already raised funds that have been earmarked for Reading Memorial Park. 19. The development and maintenance of expanded uses to be located at Reading Memorial Park are financially viable. 20. The Town's utilization of Reading Memorial Park for the expanded uses described hereinabove would comply with and fulfill the Temple's intent to "render a service to the community" in a manner which would most appropriately serve the needs of all of the Town's residents while retaining portions of the park that would be devoted to rest and relaxation also in accordance with the Temple's original intent. 21. It is the Town's position that allowing this reasonable deviation from the limited parameters set forth in the deed constitutes an appropriate application of the doctrine of reasonable deviation. lG7 WHEREFORE, the Town requests that this Honorable Court find and order as follows: 1. That the deed of the Temples, et al manifested a general intention to devote the land now identified as Reading Memorial Park to the Town for a public charitable purpose to wit; to provide the Town with additional recreational resources. 2. That the Town be and is hereby authorized to utilize all of the land now identified as Reading Memorial Park for recreational uses including the following: a. the establishment of areas to be devoted to practices for organized sports including, but riot limited to: football, baseball, basketball, soccer or similar team activity; b. the construction and maintenance of playground(s); c. the construction and maintenance of tennis and basketball courts; d. the construction and maintenance of an ice skating rink; e. the construction and maintenance of paths for passive recreational activities such as walking or jogging; and f. the construction and maintenance of structures to accommodate the use of Reading Memorial Park for concerts, theatre productions or other such community activities. 3. Any other and further relief which this Honorable Court deems fair and just. 4. That no notice other than that required to be given to the Attorney General is required hereunder. / C- 9"- 1 APPOINTMENTS TO BECOME EFFECTIVE JULY 15 2007 Town Forest Committee Term: 3 years Appointiniz Authority: Board of Selectmen Present Member(s) and Term(s) George B. Perry 111, Chairman Louis deBrigard *Benjamin E. Nichols, Secretary *Thomas W. Connery (Associate) *Joan Hoyt (Associate) Candidates: 230 Franklin Street 37 Auburn Street 25 Avon Street 101 Beaver Road 89 Oakland Road *Indicates incumbents seeking reappointment 1 Vacancy + 2 Associates Orig. Term Date 'Exp. (76) 2009 (02) 2008 (77) 2007 (03) 2007 (06) 2007 Term Appointing Authority Number of Members Meetings Authority Purpose TOWN FOREST COMMITTEE Three years Board of Selectmen Three Members As needed Reading Charter — Adopted March 24, 1986 The Town Forest. Committee's primary function is to oversee the care, custody and management of the Reading Town Forest. 3Q),-. G' ' Town of Reading fn ' 16 Lowell Street s39 INCORQ�¢P Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER (781) 942 -9043 MEMORANDUM o RE: Reappointment to Town Forest Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be.availablc for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, *and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. 1 t — ate cc: Committee Chairman -3a� TO: Thomas W. Connery h — 101 Beaver Road, r Reading, MA 01867 : FROM: Peter I. Hechenbleikner DATE: April 5, 2007 RE: Reappointment to Town Forest Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be.availablc for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, *and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. 1 t — ate cc: Committee Chairman -3a� OF Town of Reading. mod. two 16 Lowell Street 9:1NC0 Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams TOWN MANAGER (781) 942-9043 RE: Reappointment to Town Forest Committee Our records indicate that your term of office on the above Board, Committee or',Comm.i.ssion, will expire on June 30, 2007. The Board of se'le,cti. n.e. n, s ` p-o11cytzpr_o-v'_- ides that: umbents'for term 'that are expiring will be sent this 1. All inc s � exp regarding their desire for reappointment; This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required quired to. fill out new citizen volunteer forms. The Board requests that r n you, are no 'cr all il ei t aJzdlablt*, that vvu alb nit a "VI ILL%,, statem6nt oUtlining your experience and.'your interest in being re-appointed. Please indicate below whether or. not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 7: 2007. If we do not hear from you by this date, we will assume that you do not wish to be ire-appointed. I wish to be considered for reappointment.- '66nsid d for reappointment. I do 'not wish to be ere i ature� cc: Committee Chairman ��Z Date 71 MEMORANDUM )> CD TO:. Benjamin E. Nichols 25 Avon Street > Reading, MA 01867 FROM: Peter 1. Hechenbleikner DATE: April 5, 2007 RE: Reappointment to Town Forest Committee Our records indicate that your term of office on the above Board, Committee or',Comm.i.ssion, will expire on June 30, 2007. The Board of se'le,cti. n.e. n, s ` p-o11cytzpr_o-v'_- ides that: umbents'for term 'that are expiring will be sent this 1. All inc s � exp regarding their desire for reappointment; This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required quired to. fill out new citizen volunteer forms. The Board requests that r n you, are no 'cr all il ei t aJzdlablt*, that vvu alb nit a "VI ILL%,, statem6nt oUtlining your experience and.'your interest in being re-appointed. Please indicate below whether or. not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 7: 2007. If we do not hear from you by this date, we will assume that you do not wish to be ire-appointed. I wish to be considered for reappointment.- '66nsid d for reappointment. I do 'not wish to be ere i ature� cc: Committee Chairman ��Z Date OF$Fq�� Town of Reacting A � M H m a mod.. F two 16 Lowell Street 1639:,NcoRY °¢� Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci:reading.mams MEMORANDUM TOWN MANAGER (781) 942 -9043 TO: Joan Hoyt 89 Oakland Road G �:o Reading, MA 01867 °:ern FROM: Peter I. Hechenbleikner.� rn DATE: April 5, 2007 � CD l to RE: Reappointment to Town Forest Committee S s Our records indicate that your term -of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill. out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, ' and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. �� Signature Date cc: Committee Chairman APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2007 Water, Sewer & Storm Water Management Advisory Committee Term: 3 years 2 Vacancies Appointing Authority: Board of Selectmen Candidates: Frank Petrillo *Indicates incumbents seeking reappointment Orig: Term . Present Member(s) and Term(s) Date Exp. Richard J. Moore, Chairman 5 Elm Street (94) 2008 Stephen L. Crook, Secretary 137 Pleasant St. (01) 2009 Vacancy ( ) 2007 Vacancy O 2007 Michael McIntyre 25 Park Avenue (05) 2008 Candidates: Frank Petrillo *Indicates incumbents seeking reappointment WATER, SEWER: AND STORM WATER MANAGEMENT ADVISORY COMMTTEE Term Appointing Authority Number of Member Meetings Authorfty Purpos Three years Board of Selectmen Five Members As needed Board of Selectmen — Adopted January 26, 1987 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. ,_3--P),' --� Town .of Reading `moo �a 16 Lowell Street 63s =tNc0 Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ei.reading.mams TO: John Wood 213 Pleasant Street Reading, MA 01867 FROM: Peter I. Hechenbleikner , DATE: April 5, 2007 TOWN MANAGER (781) 942 -9043 RE: Reappointment to Water, Sewer & Storm Water Management Advisory Committee Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent'desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear fro in you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chairman 3-�-3 OFI? Town of Reading 16 Lowell Street �s`�9:5rcoR411 Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@cl.reading.ma.us MEMORANDUM TOWN MANAGER (781) 942-9043 TO: Steve Oston 66 Sturgis Road Reading, MA 01867 FROM: Peter I. Hechonbleikner DATE: April 5, 2007 RE: Reappointment to Water, Sewer & Storm Water Management, Advisory _Committee Our records indicate that your -term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1 All incumbents for terms that are expiring will be sent this questionnaire regarding -their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with ten-as expiring will be'posted, including those where the incumbent desires reappointment. citizen -n Board e 3. Incumbents will not be required to fill out new ' zen volunteer'fon s. The Bo d r que ' sts that all incumbents be available f6r an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not yo I u desire reappointment to this position, and return this signed form to the Town Clerk's office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not . wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. /A-7 Signature Date cc: Committee Chairman 20Y SEP -7 AM APPLICATION FOR . APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: I e� r 0 F(rAA Date: (Last) (First) (Middle) Address: 157 4V r-(_ CtrGJZ Tel. (Ilome)-Z�/ Tel. (Work) .7— (Is this number listed.?) Z_ Occupation: 1- C A9 #of years in Reading: GI Are you a registered. voter in Reading? _Yes e-mail addross:Ce,s(, 0 Cq�CX Place a number next to your preferred position(s) (up to four choices) with #1. being your first. priority. (Attach a resume if available.) Advisory Council Against. the Misuse and Abuse of Alcohol, Tobacco and Other Drugs Aquatics Advisory Board Audit Committee Board of Appeals —Board of Cemetery Trustees Board of Health Board Of Registrars _bylaw Committee. Celebration Committee Commissioner6f Trust Funds Community Planning & Development Comm. _LConservation Commission Constable — Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldier's &,Sailor's Graves Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee ' —UMT,.k Advisory Committee Metropolitan Area Planning Council Mystic Vdlley Elder Services Recreation Committee R-MLD Citizen Advisory Board Solid Waste Advisory Committee Telecommunications and Technology Advisory Committee Town Forest Committee XWater, Sewer and Storm 'Water Management Advisory Committee West Street Historic District Commission Other Please outline relevant experience. for the position(s) sought:. C/1-- oi CS dk�(C4[ d! L-v r7-t APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2007 Board of Cemetery Trustees Term: 3 years 2 Vacancies Appointing Authority: Board of Selectmen Orig. Term Present Member(s) and Terms) Date E_ xp. Mary R. Vincent, Chairman 17 Indiana Avenue (94) 2009 *Ronald Stortz 538 Summer Ave. (04) 2007 7anet.Baronian 75 Mill Street (99) 2008 William C. Brown, Secretary 28 Martin Road (96) 2009 Vacancy ( ) 2007 Ronald O'Connell 63 Colburn Road (96) 2008 Candidates: *Indicates incumbents seeking reappointment 3G/ BOARD OF CEMETERY TRUSTEES Term Three years Appointing Authority Board of Selectmen Number of Members Six Members whose terms are so arranged that two terms shall expire each year. Meetints First Tuesday of each month Authority Reading Charter Adopted March 24, 1986 Purpose Responsible for the preservation, care, improvement and embellishment of the Town's cemeteries and burial lots therein and such other powers and duties given to the Board of Cemetery Trustees by the Charter, by Bylaw or by Town Meeting votes. Town of ReadingR E CEIVED 16 Lowell Street JQWN`U�AK Reading, MA 01867566' , MASS, FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TO: Ronald Stortz 538 Summer Avenue Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 5, 2007 200.1 APR 18 P-AV9RMANAGER (781) 1942-9043 7100• '�� RE: Reappointment to Board of Cemetery Trustees Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1 All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or With terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit a written statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not you desire reappointment to this position, 'and return this signed form to the Town Clerk's Office by May 7, 2007. if we do not hear from you by this date, we will assume that you do not wish to be re-appointed. I wish to be considered for reappointment. I do not wish to be c sidered for reappointment. Signature ate cc: Committee Chairman 3 c,3 - APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2007 Recreation Committee Term_ 3 years Term: 1 year —Associate Members 3 Vacancies & 2 Associates Appointing Authority: Board of Selectmen & School Committee Orig. Term Present Member(s) and Term(s) Date Exp. John Winne 29 Clover Circle (97) 2009 *Catherine R. Kaminer 37 Warren Avenue (88) 2007 Jack Downing 91 Whittier Road (97) 2008 *Francis P. Driscoll 7 Ordway Terrace (04) 2007 Mary Anne Kozlowski (Sch.Com.) 16 Weston Road (03) 2008 Frederick Shaffer 67 Woburn St, (03) 2007 Mary Ellen Stoleeki 33 Lewis Street (00) 2009 Nancy Linn Swain, V. Chr. 35 Minot Street (03) 2009 .Christopher Campbell 12 Overlook Road (93) 2008 *Beth Claroni (Associate) 32 Emerald Drive (06) 2007 *Michael DiPetro (Associate) 23 Sanborn Lane (04) 2007 Candidates: *Indicates incumbents seeking reappointment 3d, / Term Appointing Authority Number of Members Meetings Authority Purpose RECREATION COMMITTEE Three years Board of Selectmen Nine Members — eight appointed by the Board of Selectmen and one appointed by - the School Committee fdr a one year term whose terms are so arranged that three terms shall expire each year Held monthly on the second Wednesday Reading Charter — Adopted March 24, 1986 The Recreation Committee shall 'be responsible for the evaluation. of program activities, formulation of overall plans for the -program development and for the scheduling of Town parks and the Field Houj3e when not in use by the School Department. 3d�_ OF Town of Reading 16 Lowell Street INCO Reading, MA 01867-2685 FAX: (781) 942-9071 . Email: townmanager&l.reading.ma.us TOWN MANAGER (781) 942-9043 MEMORANDUM V%3 TO: Catherine Karniner 37 Warren Avenue Reading, .MA 01867 FROM: Peter 1: HechetibleikAer DATE: April 5; 2007 RE: Reappointment to Recreaton Comrnit.te.e Our riecords'indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: r terms "sent this questionnaire regarding their desire 1. All inc ents % -t rms at are expinng Will be for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available. for an interview; nterview, or if you-are not available, that you submit a written statkm en. t0 fflru"n', your.exp6rienee.a. your being re-appointed. Please indicate below whether or not you desire re I appointment to this position, and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re-appointed. .1 wish to be considered for reappointment.. ointment. 7-o 7 Signature-7 Date cc:* Committee Chairman 3d,3. OF Town of Reading 16 Lowell Street 0 0 Reading, MA 01867-2685 FAX: (781)942 -9071 Email: townmanager@ci.reading.mams MEMORANDUM TO: Francis Driscoll 7 Ordway Terrace Reading, MA 01867 FROM: Peter I. Hechenbleikner DATE: April 5, 2007 RE: Reappointment to Recreation Committee RECEIVED TOWN CLERK READIH x MASS. 1001 APR 10 A Ot -01 TOWN MANAGER (781) 942-9043 Our records indicate that your:term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that, 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents will not be required to fill- out new citizen volunteer forms. The Board requests that all incumbents be available- for an intei-view) .or .if your are not - available, " 'that you submit a wt-itten statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not you desire reappointment to this position,'and return this signed form to the Town Clerk's 'Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re-appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. r? Signature bate cc: Committee Chairman GFR Town of Reading 16 Lowell Street 1:11MCO Reading, MA 0.1867-2685 FAX: (781) 942-9071 Email: townmanage4cl.reading.ma-us MEMORANDUM TO: Frederick Shaffer 67 Woburn Street Reading, MA 01867 FROM: Peter 1. Hechenbleikner DATE: April 5, 2007 TOWN MANAGER (781) 942-9043 RR Reappointment to Recreation Committee Out records indicate that your term of office on the above Board, Committee or Commission will expire on June 30'2007. The Board of Selectmen's policy provides that: 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire forrieappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3. Incumbents . will not be required to fill out new citizen volunteer forms. The Board requests that all incumbents be available for an interview, or if you are not available, that you submit. a written statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this. position, *and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re-appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chairman OF Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.readlng.ma.us MEMORANDUM . RccovED TOWN CLEO . 1 11 g ,5 A ON TOIJVN MANAGER (781) 942-9043 TO: Beth Claroni 32 Emerald Drive Reading, MA 01867 PROM: Peter I. Hechenbleikner DATE: April 5, 2007 RE: Reappointment to Recreation Committee (Associate) Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy provides that: 1 All incumbents for terms that are expiring will be sent this questionnaire regarding their'desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment. 3 Incumbents will not be required to fill out new citizen volunteer. forms. The Board requests that all incumbents be available for an interview, or if you are. not available,. that you submit a written statement outlining your experience and your interest in being re-appointed. Please indicate below whether or not you desire reappointment to this position, and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re-appointed. I wish to be considered for reappointment. I do not wish to be considered for reappointment. Signature Date cc: Committee Chainnan 3A6 � OFF? Town of Reading 16 Lowell Street 1�3�: ►N�ae °�` Reading, MA 01867 -2685 FAX: (781) 942 -9071 TOWN MANVER Email: townmanager @ci.reading.mams (781) 942 -9G43 MEMORANDUM w TO: Michael DiPetro 23 Sanborn Lane Reading, MA 01867 FROM: Peter 1. Hechenbleikner DATE: April 5, 2007 RE: Reappointment to Recreation Committee Our records indicate that your term of office on the above Board, Committee or Commission will expire on June 30, 2007. The Board of Selectmen's policy: provides .that:. 1. All incumbents for terms that are expiring will be sent this questionnaire regarding their desire for reappointment. This form must be returned to the Town Clerk's Office by May 7, 2007. 2. All positions which are vacant or with terms expiring will be posted, including those where the incumbent desires reappointment., 3. Incumbents will not be required to fill out new citizen volunteer forms. The Board requests that y G for 7 X7 Y if 7 t 7 all incumbents,be.available nor an intervie4,,.of .f you are no. a� ailable that You submit.. written. statement outlining your experience and your interest in being re- appointed. Please indicate below whether or not you desire reappointment to this position, ' and return this signed form to the Town Clerk's Office by May 7, 2007. If we do not hear from you by this date, we will assume that you do not wish to be re- appointed. I wish to be considered for reappointment. I do not wish to be considereAfor reappointment. IV " Signature cc: Committee Chairman q-161-0 7- Date 3 di' APPOINTMENTS TO BECOME EFFECTIVE JULY 19 2007 Aquatics Advisory Board Term: 3 years 2 Vacancies Appointing Authority: Board of Selectmen & Recreation Com. Orig. Present Member(s) and Term(s) Date Lois Margeson 61 Putnam Road (99) Jack Downing 91 Whittier Road (04) Vacancy Candidates: *Indicates incumbents seeking reappointment Term Exp. 2009 2007 Rec. Com. 2008 M1 AQUATICS ADVISORY BOARD Term Three years Appointing Authority . See below Number of Members Three Members appointed by YMCA; one member appointed by the Town's Recreation Committee; one member appointed by the Board of Selectmen and one member who shall be the Head Coach of one of the Reading Memorial High School RMHS Varsity Swim Teams. Meetings No less than semi-annually Authojily Purpose To discuss and make recommendations to the YMCA on aquatic programming, fee changes, policies and procedures. Section 3.2 — Liquor License Policy This policy shall apply to all premises licensed for the sale and /or consumption of alcoholic beverages by the Licensing Authority (Board of Selectmen) pursuant to their authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regulations applies to which type of license: Category 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 Retail Package Goods Store License for all kinds of Alcoholic Beverages X not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All X X X Kinds of Alcoholic Beverages to be Drunk on the Premises (100 or more seats) Restaurant License to Expose, Keep for Sale, and to Sell Wine X X X and Malt Beverages to be Drunk on the Premises (less than 100 seats) Club License to Expose, Keep . for Sale, and to Sell All Kinds X X of Alcoholic Beverages to be Drunk on the Premises 3.2.1 — General Requirements for All Licensed Establishments 3.2.1.1— Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority or its designee. 3.2.1.2 — Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.1.3 — Inspection The licensed premises shall be subject at all times to inspection by members of the Licensing Authority or its designee, and Reading Police, Fire and Health officials. 3 - 3 Board of Selectmen Policies '1m • .. 3gr1RCORQ�� >TQWN Or READING To the Inhabitants of the Town of.Readng: Please'.take notjce -that the Board 'of Selectmen' of'the.Tow.n of. ::Reading will hold a: public. h`e'aring, on Tuesday,` May- 22, 2007 at ..7:46 :p.m in the. Sefe'ctmen's': Meeting .Room, .16 Loinrell- ' Street, Reading., Massachusetts on t.he* :20.08 Classification and ' Compensation . Plana All interested parties m.ay appear in person,. rnay; submit: their. comments, in writing, or may email to townmanagor9ci.read ing:ma:u's, By order of Peter 1. Hechenbleikner m Town Manager 5/15 s Town of Reading 16 Lowell Street Reading, MA 01867 Fax: (781) 942 -9037 Website: www.ci.reading.ma.us Date: May 17, 2007 To: Peter Hechenbleikner From: Carol Roberts Re: FY08 Classification and Compensation Plans Finance Department Human Resources Division (781) 942 -9033 Attached are draft FY08 Classification and Compensation Plans. The FY08 Compensation Plan represents a 2% increase over the FY07 Plan. The salaries on the FY08 Plan were used to develop the FY08 budget. There are two new positions on the FY08 Classification Plan. They are the Nurse Advocate and the Staff Planner. Both of these positions are in the FY08 budget. The job descriptions are attached. The Nurse Advocate is a .6 position (21 hours per week) and reports to the Elder/Human Services Administrator. It is in a Grade 12 based on salary information from Andover and Winchester. The Staff Planner is a full -time position and reports to the Community Services Director /Town Planner. It is in a Grade 11 based on salary information from Danvers and North Andover. This position was created when the previous Town Planner left the employ of the Town and the decision was made to remove the responsibility of the Community Services Department from the Town Manager to a Department Head. We now have a Community Services Director /Town Planner on staff, who will supervise Conservation, Elder/Human Services, Health, Historical, Inspections /Zoning, Planning and Veterans Services along with being the Town Planner. The Staff Planner position has been created to assist with the work in the Planning Division. DRAFT TOWN OF READING, MASSACHUSETTS FY 2008 CLASSIFICATION PLAN - SCHEDULE A -1 Grade 1 Recording Secretary Grade 2 Library Technician Grade 3 Senior Library Technician Grade 4 Clerk Parking Enforcement Officer Grade 5 Administrative Secretary Technical Secretary Grade 6 Administrative Assistant Grade 7 Plumbing /Gas Inspector Grade 19 Fire Chief* Grade 20 School Crossing Guard Van Driver Library Associate Senior Library Associate Coordinator of Volunteers Senior Center Coordinator Recreation Program Coordinator Animal Control Officer Librarian Cell Monitor/Matron Fire Alarm Groundman Nutrition Program Coordinator Fire Alarm Lineman Zoning Enforcement Officer Veterans' Service Officer* Sealer Weights/Measures Retirement Board Admin/Assist. Permits and Licensing Coordinator Town Accountant* Health Inspector Conservation Administrator* Library Division Head - Children's Services' Library Division Head - Technical Assistant Building Inspector Services* Library Division Head - Circulation* Nurse Advocate Highway /Equipment Supervisor Recreation Administrator* Technology Coordinator* Building Inspector* Human Resources Administrator* Water Treatment Plant Supervisor Treasurer /Collector* Assistant Fire Chief* Assistant Town Manager/Finance Director* Police Chief* Water /Sewer Supervisor DPW Business Administrator* GIS Coordinator* Health Services Administrator* Technology Administrator* Community Services Director /Town Planner* Public Works Director* Approved DATE *Exempt employees who are exempt from pay for overtime/ � . Note: All positions are exempt from longevity. 11 2 Wiring Inspector Grade 8 Social Worker Assistant Town Clerk* Grade 9 Assistant Treasurer Assistant Collector Grade 10 Assistant Appraiser Head Public Safety Dispatcher Grade 11 Office Manager Library Division Head - Information Services* Staff Planner Grade 12 Public Health Nurse Grade 13 Assistant Library Director* Town Clerk* Elder/Human Services Administrator* Police Business Administrator Grade 14 Forestry, Parks and Cemetery Supervisor Grade 15 Appraiser* Town Planner* Grade 16 Library Director* Grade 17 Town Engineer* Grade 18 Town Accountant* Grade 19 Fire Chief* Grade 20 School Crossing Guard Van Driver Library Associate Senior Library Associate Coordinator of Volunteers Senior Center Coordinator Recreation Program Coordinator Animal Control Officer Librarian Cell Monitor/Matron Fire Alarm Groundman Nutrition Program Coordinator Fire Alarm Lineman Zoning Enforcement Officer Veterans' Service Officer* Sealer Weights/Measures Retirement Board Admin/Assist. Permits and Licensing Coordinator Town Accountant* Health Inspector Conservation Administrator* Library Division Head - Children's Services' Library Division Head - Technical Assistant Building Inspector Services* Library Division Head - Circulation* Nurse Advocate Highway /Equipment Supervisor Recreation Administrator* Technology Coordinator* Building Inspector* Human Resources Administrator* Water Treatment Plant Supervisor Treasurer /Collector* Assistant Fire Chief* Assistant Town Manager/Finance Director* Police Chief* Water /Sewer Supervisor DPW Business Administrator* GIS Coordinator* Health Services Administrator* Technology Administrator* Community Services Director /Town Planner* Public Works Director* Approved DATE *Exempt employees who are exempt from pay for overtime/ � . Note: All positions are exempt from longevity. 11 2 POSITION DESCRIPTION Class Title: Nurse Advocate Job Code: Professional Department: Community Services Grade Number: 12 Division: Elder /Human Services Union: Non Date: 5/17/07 Location: Town Hall GENERAL PURPOSE r `, To utilize the nursing process and knowledge of geriatrics to` address the health needs of seniors in Reading and thereby enhance Reading\Elder Services' current Mission Statement to "advocate, promote and provide program,and services to meet the needs of Reading residents age 60 and over." SUPERVISION RECEIVED Works under the general supervision of the Elder /Human Services') SUPERVISION EXERCISED None generally. ESSENTIAL DUTIES AND RESPONSIBILITIES To assume the primary roles of'liealth ,educator,, personal health counselor and health advocate when necessary, supportirig,the'semor's perspective during the planning, deliberation and execution of.healthcare decisions. To assess seniors referred to the program evaluating their health, safety, and support system as well as their;leyel of understanding and ability to manage their health needs. Referrals are expected, from* seniors, and their families and friends, community agencies, hospitals, ;nursing homes, and health care providers. Provide seniors'' and their caregivers' information/education about health and community resources, and 'health management pertinent to the senior's unique needs and encourage the development of goal's and advanced planning which anticipates current and future health needs. To collaborate with `the senior and their support system and other health and community providers, a plari of care which promotes their health goals. Fully utilizing the services available froin'' Reading Elder Services and other community providers as appropriate. Support the senior's ability to be a self advocate but when necessary, advocate on the senior's behalf based on the established health goals and plan of care. This could include interfacing with health providers, family and community agencies to assist with communication and coordination. Develop and provide a protocol for follow up and/or ongoing monitoring appropriate for each senior ensuring needs are met especially during times of crisis or unexpected need. Develop a protocol on prioritizing services if this becomes necessary. � I�A- k Maintain records on seniors served including assessments, goals, plans of care, coordination with other providers, follow up and outcomes. Maintain knowledge of community resources. Explore and evaluate new service programs and resources. Promote awareness of the Nurse Advocacy Program and Reading Elder Services within the community and among other providers; actively seeking opportunities to identify seniors who would benefit from services especially those without a support system. Provide educational information and workshops for seniors and caregivers to promote wellness and proactive health planning. Collaborate closely with Elder Service's Social Worker sharing case work as appropriate and, for assistance with referrals, certifications or other special program applications. Maintain current knowledge of nursing through continuing education and professional meetings. \` Attend staff meetings as requested by Elder` Services Administrator , Other duties as assigned. f ^4 DESIRED MINIMUM QUALIFICATIONS ; Education and Experience: ' (F) BS degree in nursing and RN licensure, (F) Experience in geriatric and community/home health care, and (F) CPR certification. (A) Considerably (B) Considerabl governing Elder Service (C) Ability to mz (D) Ability to .M.6: (E) Ability to ac( clients and heir families. (F) Ability to esta employees, super: media, and the gen (G) Ability of elder service programs and delivery systems. of local, State and Federal laws and regulations sensitive Issues. dcate with people and maintain confidentiality. decisions regarding the welfare and safety of and maintain effective working relationships with agencies, program participants, community leaders, the effectively orally and in writing. SPECIAL REQUIREMENTS Valid Massachusetts State Driver's License or ability to obtain one. Car and willingness to visit seniors in a variety of settings (homes, nursing homes, hospitals, senior center, etc.) TOOLS AND EQUIPMENT USED Personal computer including word processing and data base software, calculator, copy machine, telephone, mobile or portable radio, automobile. Nurse Advocate 2 N �G PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to work, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, tools or controls; and reach with hands and arms. Employees are frequently required to assist clients as they walk or sit. The employee must occasionally lift and/or move up to 25, pounds. Specific vision abilities required by this job include close vision and the - ability to adjust focus. Employee is occasionally exposed to exceptionally,, : "dirty and odoriferous environments. WORK ENVIRONMENT The work environment characteristics an employee encounters while performing the accommodations may, be made to enable ir essential functions. The noise level in the work environine: Position requires field work wluch,4 including some which are potential hazard's., SELECTION GUID Formal appli reference check; job r The duties lis work thatrrnay be"'�pE exclude. them frorri'tfi position-,,, The i ob desci employer employer on, rating of ted tests rnav be bed here are representativ6 of those ial functions of this job'f Reasonable als with disabilities to perform the is usually to people's homes; and experience; oral interview and ove are intended only as illustrations of the various types of ed. The omission of specific statements of duties does not tioif if the work is similar, related or a logical extension to the yes not constitute an employment agreement between the is subject to change by the employer as the needs of the the job change. Nurse Advocate 3 POSITION DESCRIPTION Class Title: Staff Planner Job Code: Professional Department: Community Services Grade Number: 11 Division: Planning Union: Non Date: 05/17/07 Location: Town Hall GENERAL PURPOSE Performs a variety of administrative and technical range planning programs of the Town related to the deveh land use and related municipal plans and policies. SUPERVISION RECEIVED Works under the general guidance and SUPERVISION EXERCISED None generally. ESSENTIAL DUTIES AND RESPOP As assigned by the Department execution of projects related to master transportation. Provides administrative and tect.. commissions (such as 'the. Commur. Economic Development Committee) to submitted for compliance,with applicabl preparation of necessary follow up 'co r. and responsib] land use, the current and long id implementation of Head. -oj ect management and ion, zoning, traffic, and istance.tolown boards, committees and wing 'and Development Commission, technical review of plans and proposals y-4aws and ordinances and to oversee the rice and certification of Board action as review of development projects and provides and land use advice to supervisors and other officials. Serves when needed:" as a member of a planning task force composed of town, county or state groups.; y Prepares arid.writes grant application components relating to geographics, maps, plats, site plans, etc.,;;" Develops and maintains a database of information for planning purposes. Responds to local citizens inquiring about planning and zoning regulations and bylaws; resolves complex disputes between planners and applicants, as required. PERIPHERAL DUTIES Serves as a member of various staff committees as assigned. Attends professional development workshops and conferences to keep abreast of trends and developments in the field of municipal planning. y�� DESIRED MINIMUM QUALIFICATIONS Education and Experience: (A) Graduation from an accredited four -year college or university with a degree in land -use planning, urban planning, landscape architecture or a closely related field, and (B) Three (3) to four (4) years experience in municipal planning; or (C) Any equivalent combination of education and experience, with additional education substituting on a year for year basis for the required experience. Necessary Knowledge Skills and Abilities: (A) Extensive knowledge of planning programs and laws and comprehensive plans including their foi enforcement. (B) Working knowledge of personal computers and (C) Ability to communicate effectively orally,.1E contractors, developers, owners, supervisors, employees; (D) Ability to establish effective working relations SPECIAL REQUIREMENTS Valid State Driver's License or ability to obtain TOOLS AND EQUIPMENT USED Personal computer, including we motor vehicle; calculator; phone; copy pledge of zoning of adoption, and in writing with architects; the aerieral public. spreadsheet software; PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be, made to enable...ndividuals with disabilities to perform the essential functions. Work is performed,, mostly in. office settings. Some outdoor work is required in the inspection of various eland use ;'developments and construction sites. _ Hand -eye coordination_ is necessary to., operate` computers and various pieces of office equipment. While performing the duties, of this job, the employee is frequently required to talk or hear; sit; use hands to finger; handle, feel or operate objects, tools, or controls; and reach with hands and arms.,, The employee is occasionally required to stand or walk. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Staff Planner 2 y 4--.-G While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, or airborne particles. The noise level in the work environment is usually quiet in the office, and moderate in the field. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended 'only as illustrations of the various types of work that may be performed./The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment; agreement between the employer and employee and is subject to change by. the'employer, >as the needs of the employer and requirements of the job change. 1' 24J--'10 Y Staff Planner 3 I LEGAL NOTICE TOWN OF'READING. To the Inhabitants of the Town of Reading: ~ { Please take notice that tlt... Board of Selectmen of the Town of Reading will hold a p.ub'lic hearing on Tuesday; May 2?;. 2007 at 8.:.00 p: m. in the Selectmen's Meeting Room, i6 ,Lowe. ll .Street,. Readin`gY,. Massachusetts on. the Polity' establishing an ad hoc Birch 'Meadow Planning Comm.' 4 •' All interested parties .m' &y appear in person, m.ay' submit . j their comments in writing, or rrta email to townmanager@ci.re ..d ing.ma.us. By order�df 1 Peter I. Hechenbleikner Town;:;Manager . I 5/17 I Y.0 Policy Establishing an ad hoc Birch Meadow Planning Committee ad hoc Birch Meadow Master Plan Committee It is the desire of the Board of Selectmen to reach consensus among all "stakeholders" of the Birch Meadow area on a master plan for recreation and open space uses, so that the community can enjoy and use this valuable resource. "Birch Meadow is defined as the RMHS, school site, the parks and playground surrounding the RMHS site, the so called "Higgins Property" on the northerly and westerly side of Birch Meadow Drive, The tax title property on the easterly side of Oakland Road, and the property extending along the Aberjona River to and including town owned property on Grove Street (see map). Therefore, there is hereby created an ad hoc Birch Meadow Master Plan Committee, which shall exist until December 31, 2007 or until such earlier date the Birch Meadow Master Plan Committee may have completed its work. The Birch Meadow Master Plan Committee shall consist of nine (9) residents of Reading for terms expiring December 31, 2007, or such earlier date that may be determined. In selecting the membership, the Board of Selectmen shall attempt to fill the membership as follows: 1. One member recommended by the Recreation Committee and appointed by the Board of Selectmen; 2. One member recommended by the Conservation Commission and appointed by the Board of Selectmen; 3. Two members from youth sports and /or athletic organizations in Reading appointed by the Board of Selectmen; 4. One member of the Board of Selectmen; 5. One representative of the School Department appointed by the Superintendent of Schools; 6. Three residents at large who do not fill the requirements of any of the other categories listed above, appointed by the Board of Selectmen.. The ad hoc Birch Meadow Master Plan Committee shall perform the following activities related to developing the Master Plan for Birch Meadow: 1. Review and understand the scope of the charge to the committee, and develop a suggested work plan and schedule; 2. Review and document the current uses and development of the Birch Meadow area; 3. Solicit input from the community at large as to what uses can/should be included for the area; 4. Reach out to the current users of Birch Meadow for their comments and input; 5. Reach out to Town Departments and Boards /Committees /Comrnissions that may be affected by the current or changed uses of Birch Meadow. Particular attention will be given to the Departments responsible for maintaining park facilities, and those responsible for issuing permits for use of these sites; 6. Prepare a preliminary Master Plan on their findings including potential uses and draft drawings by August 15, 2007; 7. Submit the preliminary Master Plan to the Board of Selectmen for their review and comment; qc-,t 8. Conduct a public hearing on the results of the preliminary Master Plan; 9. With staff, develop a final Master Plan; 10. Report to the Board of Selectmen and get feedback at key milestones in this process, including prior to the development of the Preliminary Master Plan. Staff and Town Counsel will be assigned to work with the ad hoc Birch Meadow Master Plan Committee through the Town Manager. The ad hoc Birch Meadow Master Plan Committee will be considered to be part of the Department of Public Works for administrative purposes. Adopted 5 -22 -05 c� C Z AN NE• .... ..... ... . . ... . . . . .. .... .. .. ....... .. ........ ..... ..... ti 1 ` A + �. � • 1 _�( Q t Y t` h .. . . ....... .......... TAI t ' t. t ,,,. ',,: ., , �. a c, � (v t �� i p tr t 1, •. '.: \ t I ( :l ..... ', r v ''®.." ;,,., .:; r;r t: '�' r :L.•'J�. .•5 y�_, l t}4, :.. ,nq :1 \}31~ -tl r c,: ''�• " C t }' 3\ t\ • 0.i ,%' ,` 'i :: \ r ` ^}•.,i t tits Y'..c'+:'Y`M,�, )`�El j. J \,'..•,` 111 3� r, k •A } \r t vt v `•�" ' 4c rI YItS '.S w % 1 ,•,Z L „ t tl . ' iu? � �• �. .. L a :... r* ,. :.,, ? 1 � ie.., c.. r r 1 � ._�,� , Sij.�`'^• --._.� . \ 1 q c 3 RCT.V Oversight RCTV/TTAC Midyear Meeting he.ld Apr 2007 RCTV met midyear goals RCTV on trac'k for full year goals S Kead-ing Video Services TTAC effort'to gather useful data on service provider performance to contract, particularly servi ce reliability, customer service Video Survey included in January-Census and returned with Census form Cn1 The Reading TTAC is undertaking a t d vour exDerience wit� your cable /video services provider • Please indicate the service to which you subscribe - Comcast Cable - Satellite Verizon .� —None Please rate your service for thq • Instaltation • Quality • Reliability * Customer Service •Excellent • Good • Fair • Poor ?keading Video Services Survey Summary MASSACHUSETTS �►�,�' UNICIPAL Dear Local Leader, ONE WINTHROP SQUARE, BOSTON, MA 02110 Y 617- 426 -7272 • 800- 882 -1498 • fax 617 - 695 -1314 • www.mma.org M7 NAY 15 AN 11w 22 May 10, 2007 To raise public awareness of the urgent need to preserve local cable and video franchising authority, the Massachusetts Municipal Association has established a special Telecommunications Franchising Task Force, chaired by Somerville Mayor Joseph Curtatone. As you know, Verizon Communications has submitted legislation to strip you of your local cable licensing powers. To protect your communities and residents from this anti - consumer effort, the Task Force has developed this Cable Franchising Campaign Kit for your use. We have 3 quick action requests that we ask you to take today: One. E -mail the MMA (mfeher@mma.org) by May 25 to sign your community onto the enclosed letter inviting Verizon to file a franchise application in your hometown (Verizon claims that communities don't want competition, and this letter will demonstrate that local officials invite multiple providers and the benefits of bringing competition to all community residents, but in reality it is Verizon that is delaying competition and build -out). Two: E -mail the MMA (mfeherQmma.org) to sign up to attend and testify against the Verizon legislation at the June 5 public hearing at the State House (we'll send you all the details). And Three: E -Mail the MMA (mfeher(P mma.org) to request an electronic copy of this Cable Franchising Campaign Kit. Background: On June 5, the Joint Committee on Telecommunications, Utilities and Energy will be conducting a hearing at the State House on Verizon's legislation (H. 3385 and S. 1975) to.preempt local government's ability to negotiate the licensing of new and incumbent cable providers. This legislation would undermine our communities, consumers and competition. Verizon and their supporters ignore the legal and civic obligations cities and towns have to protect the public rights of way, and fail to acknowledge that federal law already preempts communities from exclusively franchising. The proponents wish to change the rules for their benefit, even though they have no plans to build out the entire state. Simply put, the proponents wish to maximize their bottom line at consumer and community expense. The facts are on the side of cities and towns , 308 cities and towns have successfully licensed cable providers serving over 90% of the state's consumers, and Verizon has already received licenses from nearly 50 cities and towns with 20 others in the process of negotiating agreements. The facts demonstrate that communities want the advantages of competition, and they want it for all of their citizens. We need your active involvement: Verizon is pouring unprecedented resources into their lobbying effort in Massachusetts and other states, as they seek to cut cities and towns out of the franchising process altogether. The enclosed kit includes: cable franchising background materials; a campaign action agenda; a sample resolution for adoption (by your Board of Selectmen, City Council, Hoard of Alderman, or Town Council); a'sampie letter to the editor to send to your local newspaper; a sample letter to your legislators; a press release to send. to your local newspaper; a guest editorial for use with area dailies and community newspapers; key points to make when discussing local cable franchising; and a list of legislative committee members to call. Please take a moment to review the materials in this kit. We strongly encourage you to participate in this campaign by passing a local resolution, contacting your local media, and meeting with your legislative. delegation. Also, we need you to attend the public hearing and express your opposition to this harmful proposal. The MMA asks that if your city or town does vote a resolution and send a letter to your legislators, please forward a copy to Matthew Feher at the MMA. If you have any questions, please do not hesitate to contact Matt Feher of the MMA's Legislative Division at any time. Thank you very much! Sin rely , Geoffrey C. Beckwith MMA Executive Director Members of the MMA Telecommunications Franchising Task Force Chair: Joseph Curtatone, Mayor of Somerville Members: David Cohen, Mayor of Newton Robert Dolan, Mayor of Melrose James Harrington, Mayor of Brockton Peter. Hechenbleikner, Town Manager of Reading Thatcher Kezer, Mayor of Amesbury Mel Kleckner, Town Manager of Winchester Edward Lambert, Mayor of Fail River William Manzi, Mayor of Methuen Michael Lynch, Director, Office of Cable Communications; Boston Richard Reed, Town Administrator of Bedford MMA Staff: Matthew Feher (policy, hearing, legislation) contact - mfeher @mma.org Patricia Mikes (media outreach, public affairs) contact — pmikes @mma.org tj� PLEASE SIGN THIS LETTER TO INVITE VERIZON INTO YOUR COMMUNITY. Dear Mr. As representatives of cities and towns across Massachusetts, we would like extend a cordial invitation to your company to come to our communities and enter into negotiations with each of us to bring Verizon FIOS service to our residents. Collectively, we represent over potential subscribers — or approximately percent of the potential market in Massachusetts. We have noted with some surprise recent statements made by Verizon representatives that the current system of local cable licensing stifles competition and limits consumer choice — and that the only remedy is to move licensing authority to the state or even to the federal level. As you know, many of our communities have extended invitations to Verizon in the past. Communities already embrace the concept of competition among multiple providers, and several of us have already granted licenses to more than one provider. Unfortunately, Verizon has not taken us up on our past offers, so all of us renew them today. Since we all support competition and all of us would welcome Verizon as a competitor in our markets, we are concerned that Verizon has other motives for proposing state and federal legislation that would abolish local licensing. In particular, we are concerned that legislation recently filed on Beacon Hill represents an effort to allow your company to cherry -pick the communities it chooses to serve, and, in some larger cities, to cherry -pick the individual neighborhoods that would receive FIOS service. In our view, such a strategy would represent a form of digital "red- lining" that would divide Massachusetts into communities of "haves" (largely affluent suburban communities) and "have - nots" (urban and rural communities). We sincerely hope this not your intent, and we would welcome your commitment to serve all of Massachusetts. If you are prepared to honor such a commitment, as you were recently urged to do by Senators Kerry and Kennedy, then we would be delighted to meet with you. In any case, we see no merit to the argument that Verizon must, in order to enter new markets, pursue special- interest legislation designed to destroy the local licensing system. Instead, we hope Verizon will choose to do what other cable operators have done in the past, and enter good -faith negotiations with cities and towns across the Commonwealth. If you are sincere about bringing true choice and competition to Massachusetts' cable subscribers, our communities can assure you a warm welcome. We look forward to your reply. Sincerely, To add you name and community to this letter, please contact Matt Feher of the MMA at mfeher(&,mma.org or 617.426.7272, x123. Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All Preserve Municipal Cable Franchising Authority Action Checklist A. Immediate Action (What you can do right now before putting this down.) ❑ E-mail the MMA at mfeherOmma.ora . to request an electronic copy of this packet. ❑ E-mail the MMA at mfeher.Pmma.org to sign up to attend the June 5 public hearing at the State House. ❑ E-mail the MMA at mfeherOmma.ora . to sign on to the letter to Verizon inviting them to apply for a franchise in your community. B. Community Action ❑ Adopt Telecommunications Resolution ❑ Send Letter to Legislators ❑ Call Legislators ❑ Attend June 5 Public Hearing at the State House (10:30, Room A2) C. Media Action ❑ Issue Press Statement/Hold Press Conference ❑ Send a version of Letter to the Editor (area dailies and community newspapers) ❑ Send a version of Op Ed article to area dailies and community newspapers 't " Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All Franchising Issue Background Paper Over the past several years, Verizon has spent hundreds of millions of dollars advocating at the federal, state and local levels nationwide ' to eliminate or severely curtail the ability of municipalities to negotiate their own agreements with cable providers. Verizon argues that the status quo results in a lack of competition and will result in higher bills for consumers. Quite the opposite is true.. MUnicipal leaders are at the forefront in pushing for competition and lower prices while maintaining quality services and important Public, Educational and Government access (PEG) for their constituents. By defeating Ver . izon's.attempts to preempt local authority, cities and towns can ensure fair and equitable competition, guarantee that the build-out of cable and video networks reaches all parts of our state, including working class and poorer communities and neighborhoods, provide adequate consumer community and taxpayer protections. Those who seek to undermine and preempt municipal authority are really trying to re duce the commitment to these vital principles. Verizon Seeks Local Preemption at the Federal Level... After failing to persuade Congress to grant a' preemption of local cable franchising authority, Verizon sought a regulatory, solution from the Federal Communications Commissiom In April, the FCC relea.sed an order, adopted four months earlier, that would undercut the ability of Massachusetts cities and towns to. adequately negotiate new cable licenses in order to ensure. that networks are built out to all neighborhoods and access is available to all consumers. The order would also undercut municipal efforts to ensure that PEG access needs are met, provide numerous. community benefits, guarantee an increase in consumer protections; and protect the public right of way. The FCC is also considering extending these same rules to incumbent bent providers as well. In response, the National League of Cities and other national local advocacy groups have. filed in the 6th Circuit Court of Appeals a Petition for Review of the FCC order. ...and Here in. Massachusetts Too. In Massachusetts, Verizon has filed proposals that seek either to significantly shorten the time to license a new cable provider or to eliminate local (over) franchising altogether. Verizon's petition before the Department of telecommunications and Cable would establish unreasonable new rules for initial cable licensing — notably requiring that all negotiations be completed within 90 days. Verizon has also filed legislation that would preempt local franchising altogether and would give the state only two weeks to approve or deny a new license, without the ability to negotiate. Finally, Verizon's proposals would allow incumbents to play by these same rules. Forget about adequate build-out, necessary PEG access and renewals. Not only will these proposals eliminate a municipality's ability to protect its residents and the public rights of way, but, at least with respect to the legislative plan, cities and towns would potentially lose substantial revenue currently generated from franchise fees. Besides seeking to cut communities out of the process, Verizon has recently announced that it will "freeze" build-out after pending projects are completed. U.S. Sen. John Kerry and Rep. Edward Markey rebuke this new tactic in a letter to Verizon, stating, "[W]e hope that Verizon does not defend its decision to cease deployment ... by pointing fingers at state and municipal officials. ... In our view, state and municipal officials in Eastern Massachusetts have worked hard to facilitate Verizon's deployment consistent with the law and the public interest." ztp - Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All Franchising FAQS Q. Verizon claims that legislative changes are necessary because the current local franchising process is anti-competitive. Is this true? A. Not even close. Verizon ignores the age-old adage: "if it ain't broke, don't fix it." Federal law already prohibits exclusive franchise, agreements and cities and towns cannot exclude qualified competitors from providing service. Today, cable providers operate in 308 communities. Verizon has recently negotiated agreements in nearly 50 Massachusetts municipalities and is in the process of negotiating over a dozen additional local agreements. Other cable providers have played by the rules all along; the state should not change the rules and give a "leg up" to their competition. Q. Verizon also argues that local franchising is not in the best interests of the consumer. Are cities and towns disregarding consumer interests? A. Quite the opposite is true! Since cable television entered the marketplace 30 years ago, the ability of local governments to seek independent bids and negotiate agreements with operators for franchising rights has increased consumer protections, ensured numerous community benefits, and created more competition. The Verizon bill would allow the provider to pick and choose what neighborhoods it wants to serve, with an eye on Wall Street not Main Street. Q. What's at stake if Verizon preempts local government control? A. By removing local franchising authority altogether, Verizon ignores the legal and ethical obligations cities and towns with regard to use of public rights of way. Local governments engage in a variety of activities to protect public safety and welfare, to prevent conflicts between users of public rights of way, thereby minimizing service disruptions to the public, to protect public investments in rights of way, and to protect both consumer interests and the needs of the community. Bottom line: Verizon's bill violates local property rights and principles of Federalism by preempting local officials from negotiating the use of streets and rights of way for the provider's lines and other equipment. Cities and towns would also lose millions of dollars in franchising fees that help communities in providing basic services to its residents. Massachusetts setts Municipal -Association Cable Franchising Campaign Kit. Protect Communities, Consumers and Competition for All Talking Points Against Verizon's Video Franchising Legislation • Municipalities strongly oppose Verizon's legislative proposals to preempt local franchising authority. • We are very concerned that Verizon's legislation proposes to cut municipalities from the cable licensing and renewal process altogether. • Besides a total preemption of local franchising authority, the Verizon bill would give franchising responsibilities to the state, with only 15 days to approve or.deny a license and the authority only to review for completeness, without any ability to negotiate. • Municipal leaders dispute Verizon's argument that its legislation would increase competition. Federal law already prohibits the exclusive licensing of cable providers. In fact, Verizon has negotiated nearly 50 new licenses in the state and is. currently negotiating in over 20 others. • Verizon . 's claim that its bill would protect rotect consumers is simply not true. The bill would actually allow Verizon to ",cherry-pick" the neighborhoods it will serve; It has played out already in Boston, where Verizon will build-out in Beacon Hill, but not Dorchester or Roxbury.. By maintaining the ability.of local franchising authorities to negotiate '"build-out,".all consumers are protected, regardless of the demographics and income level of their neighborhood. Under the Verizon bill, cities and towns would no longer have the capacity to manage the public right of way to protect the public safety and welfare, to prevent conflicts between users of public rights of way, thereby minimizing service disruptions to the public, to protect public investments in rights of way, and to protect both consumer interests and the needs of the community. As is evident from RCN's initial licensing experience,. cable operators willing to negotiate customary and standard cable licenses enjoy reasonable and expedient municipal licensing. There is no rational basis for casting aside time-tested licensing rules and replacing them with radically abbreviated rules so as to offer (over) "carte blanche" treatment to one provider over others that have played by the rules and have located successfully in 308 cities and towns. • The municipal officials who are responsible for implementing licensing and who are accountable to the public are in opposition to such rules. I / I Massachusetts Municipal Association Cable Franchising Campaign Kit. Protect Communities, Consumers and Competition for All Sample Resolution. Urging the Massachusetts Legislature to Reject Efforts by Telecommunications Companies to Eliminate Municipal Control of Cable Franchising Authority WHEREAS, Verizon Communications has built facilities through which competitive cable television services can be offered in nearly 50 Massachusetts communities, yet it is not clear whether or when any other municipality in which Verizon also operates will enjoy the benefits of competition to the same extent as these communities; and WHEREAS, the Commonwealth provides a primary role for.local governments to negotiate the terms and conditions under which a wireline cable television company may provide cable television service to its residents pursuant to a municipal consent ordin6ncer and this requirement of law is consistent with the long-standing principle of ascertaining and addressing community cable-related heeds at the local level; and WHEREAS, the Commonwealth's wireline cable television companies constructed and now operate cable television systems under municipal consents that address the specific needs of local communities with specific agreed upon terms; and WHEREAS,' federal law explicitly* prohibits cable companies and municipalities from entering into exclusive franchises. Yet, notwithstanding non-exclusivity, construction of competitive wireline cable television systems in Massachusetts has not occurred to the extent desired due to economic ' factors beyond the control of local government; and WHEREAS, competition in the provision of cable television service is desirable and has the potential for producing consumer benefits through increased choice and (City /Town) supports competition; and WHEREAS, in order to ensure nondiscriminatory and equal access to competitive services consistent with federal and state law, (City /Town) has an obligation to ensure that its residents are among those to whom Verizon's'competition services will be made available by .a date certain; and (over) (1 6 WHEREAS, Verizon is seeking state legislation that would exempt it from the municipal consent process to which all cable television companies now operate and, if such legislation were enacted, would be permitted to offer competitive cable services under a state-issued franchise that would bypass municipal authorization and approval; and WHEREAS, the process for award of such a state-issued franchises will have the effect of eliminating any meaningful opportunity for (City /Town) to address the specific cable-related needs that otherwise might be fulfilled by Verizon and prevent (City /Town) the ability to ensure .competition is offered on equal terms; and WHEREAS, municipalities and their residents have a significant ' and specific interest in the terms and conditions attend-ant to the award of a cable television franchise. NOW, THEREFORE, BE IT RESOLVED BY OF (CITY /TOWN), that it does hereby urge the Massachusetts Legislature and the Patrick Administration, in the strongest possible manner, to oppose any effort to eliminate the municipal consent process for competitive providers of cable television service -Until, at a minimum, a thorough evaluation is completed of the current system and the effect of any proposed changes on local governments, residents, competitors, and incumbents is analyzed. BE IT FURTHER RESOLVED that the Massachusetts Legislature request from the Department of Telecommunications and Cable a report on the status . us of Verizon's commitments, operation and intent to utilize municipal rights of way for the purpose of providing cable television service and exempts it from the requirements that provide or intend to provide cable television service. AND, BE IT FURTHER RESOLVED that a copy of this resolution shall be certified and forwarded to Governor Patrick, Lt. Governor Murray, Senate President Murray, House Speaker DiMas! and Attorney General Coakley, members of the legislature's Joint Committee on Telecommunications, Utilities and Energy, the Massachusetts Municipal Association and the New England Cable Telecommunications Association for their records. Massachusetts Municipal Association Cable Franchising Campaign.Kit Protect Communities, Consumers and Competition for All Sample Letter tmLegislators Dear (Se nator/Ra , on behalf of the (City/Town), (Local Leader) strongly urges you to oppose legislation (H. 3385 and S. 1975) that is being promoted by Verizon Communications to preempt local franchising authority with respect to cable licensing and renewals. In preempting the ability of local communities to effectively negotiate such agreements,, their ability to ensure adequate consumer protections and protect the public rights of way are diminished altogether. Besides a total preemption of local franchising authority,Verizon\s bill would give the state this authority with only two weeks to approve or deny a license and can only review for completeness, without the ability to negotiate. Today, cab|e providers have successfully franchised in 308 cities and towns across the state, representing over 90% of the state's population. Why should the rules be changed at the request of single new cable entrant who has no plans to build-out past the I-495 belt? Claims that the current process is anti-competitive demonstrate a misinterpretation of federal law whereby the exclusive franchising of cable providers at the local level is strictly prohibited. Cities and towns welcome compe titi on. For exanp| e, V h zon hao already franchised in nearly 50 cities and towns and is in the process of negotiating license in 22 others. Consumer protections are stripped altogether under Verizon's new scheme to eliminate build-out requirements and "cherry pck"the neighborhoods it will serve. One doesn't have to look beyond Boston to sea the affects of this, where Veriznn will build-out in Beacon Hill but not Dorchester or Roxbury despite Boston's insistence that they do so. In preserving the ability of local franchising authorities to negotiate build-out, all consumers are protected no matter the darnographicg and income of their neighborhood. Not only are Verizon'a arguments for the proposal nnoUt, but inpernov|ng the municipaJity's ability to safeguard the public rights of way, Verizon ignores the lega I and ethical obligations cities and towns owe in this regard. Local governments engage inavariety of activities to protect the public safety and welfare, to prevent conflicts between public right of way users thereby minimizing service disruptions to the 'pub|ic, to protect public investments in the rights of way, and to protect consumer and community needs. ` There is no rational basis for casting aside time-tested licensing rules and replacing them with radically abbreviated rules so as to n1oxirniza Verizon'a bottom-line at the expense of consumers and communities alike. Again, (City/Town) strongly urges you to oppose these efforts and protect local authority so as to protect consumers, ensure adequate competition and protect the public rights of way. Sinconak/' (Local Leader, City/Town) � __�~^ Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All Please call the committee members to oppose H. 3385 and S. 1975 Joint Committee on Telecom m u n !cations,, Utilities and Energy Room 473B State House Boston, MA 02133 Telephone: (617) 732-2263 Members— Michael 0N«x of Norfolk and Plymouth 617.722'1494 Susan Tucker of Second Essex and Middlesex (Vice-Chair) 517.722.1612 Cvnth|oCneernofF|�t�4|dd|esaxandNo�o|k 617.722.1639 Marc ' Pacheco of First Plymouth and Bristol 617.722.1551 Harriette Chandler of First Worcester 617.722.1544 Bruce Tarr of Essex and Middlesex 617.722.1600 Members— Brian Dempsey of Haverhill 617,723.2263 Michael Kane of Holyoke (Kice-Chair) 617.722.2263 Stephen LeC`uoofMarlborough 617 . 722 . 233O Matthew Patrick of Falmouth 617.722'2090 John Keenan of Salem 617.722.2595 Linda Fony of Boston 617.722,2460 Michael Moran ofBoston 617.722.2460 Linda Campbell ofMethuen 617.722.2060 Angelo Puppo|oSpringfield 617.722.2011 Todd Snno|aofPalmer 617.722'2240 VinnydeMacedoofPlymouth 617.722.2100 f -Z ` Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All DRAFT Sample Press Release/Statement (Local Official Name/Title) Opposes Radical Changes in Video Franchising Authority Today, (Local official title/name) joined with municipal officials from across the state to urge members of the State Legislature to oppose Verizon's anti-consumer proposal to undermine the authority of cities and towns to negotiate directly with cable companies. "Verizon's proposal will eliminate any leverage that we have to require that the cable company provide consumers with the highest level of service. Local officials are at the forefront of cable franchise negotiations and are eager to expand competition," said (name of local official), "and this special- interest bill would move us backward." For decades, Massachusetts cities and towns have negotiated in the public interest on issues relating to the particular needs of their community - whether to have a cable TV studio for local access programming, whether the schools will be wired, or whether municipal buildings will be networked. Legislation filed at the state level in January on behalf of Verizon would remove local control over the cable franchising process by transferring cable license approvals and renewals to the state Department of Telecommunications and Cable, allowing only 15 days for review. Under the proposal, Verizon would also be able to "cherry pick" high-value. customers, rather than offer their network across an entire community. "(Name of municipality) local officials want to ensure that there is no discrimination in our (city/town) and want to guarantee that all our residents benefit from competition. Under this legislation, Massachusetts municipalities will be locked out and customers will lose," concluded (name of local official). MR q / I Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All Draft Letter to the Editor Consumers in Massachusetts have a great deal at stake if the Legislature approves special-interest legislation to eliminate municipalities from the cable licensing and renewal process.. The proposed legislation would preempt local franchising authority and force state officials to rubber stamp Verizon's efforts to offer cable service to only a limited number of customers. Local government officials have a duty to represent the public interest of their communities and their residents, and they exercised this authority to protect consumer rights, which is why Verizon and its fellow telephone companies are trying to wipe out local powers. Massachusetts cities and towns are able to negotiate with their local cable providers on issues relating to the particular needs of the community, including whether the community will have a cable TV studio for local access programming, whether the schools will be wired or whether municipal buildings will be networked. These are all issues that can only be addressed by local communities and will be seriously impacted if these rules are approved. (insert local story if applicable) Local officials also want to ensure that there is no discrimination locally and all their residents benefit from competition. It's better for quality and cost. Under the Verizon bill, cities and towns would be frozen out of the process. This practice is the opposite of what needs to be done to ensure accountability by cable providers to communities and citizens. Local government officials support open competition because it produces more affordable services and improves the quality of the services for all community residents. For these reasons, local officials in (name of community) strongly oppose Verizon's legislation 4 ��S Massachusetts Municipal Association Cable Franchising Campaign Kit Protect Communities, Consumers and Competition for All tuest Editorial by _ Cities and Towns Safeguard Video Consumer Rights Municipal leaders are working rnigWU|y to balance local budgets, protect essential local services, restore local aid, urge the passage of the Governor's Municipal Partnership Act, reduce the property tax burden, and build a broader public understanding of the pressing. need to re-invest in cities and towns. This is valuable and necessary work, as our state's economic future hangs in the balance. Perhaps the folks at Verizon Communications believe that local officials are so distracted by these consuming issues that the time is right for their company to launch on attack on the ability of cities and towns to negotiate and grant local video franchise licenses. For decades, cities and towns' have been at the forefront of consumer protection, arnpowered as the licensing authority for video services. Cities and . nsgnantthese licenses, setting the terms and conditions for the use of public rights of way, en' uMng that the private companies that provide video services compensate the public for the use of municipal rights of vvov over streets and sidewalks, provide adequate public, educational and governmental (PEG) programming, and build out their networks in a non-disoU minatory manner. These local franchise agreements ensure that the video service providers in Massachusetts, which include Corncast and RCN, and now Vehzon, are accountable and responsive tothe citizens and communities in Vvh|cU they operate,' especially concerning important build-out, PEG programming and infrastructure matters. For unknown reasons, the national telephone companies waited far too long before realizing that telecommunications convergence would |aod them into the video services market (formerly referred to as "cable")' Telephone, Internet and digital video products are becoming intertwined themselves in a modern. marketplace that now has Verizon, AT&T, and their companion companies leading in telephony, competing in the |ntennat, and laying fiber-optic lines to offer video products. But the telephone companies do, not want to' negotiate local franchise agreements, as the incumbent video providers have done.. In fact, even though Vehzon has already completed and signed 43 franchise agreements in Massachusetts, the Company |s leading a national effort to have the Federal Communications Commission preempt municipal authority, and the narrow anti-consumer majority on the FCC has issued a complex ruling that starts down that path, ` B ' although the agency's recent nu||nQ left our state's 12-month negotiation timeline in place. The telephone companies are also mounting direct attacks at the state level, pouring massive lobbying resources in over a dozen states to have legislatures and state bureaucracies e||rninoto municipal franchising powers, from Texan to Florida to Indiana. The beat goes oD in Massachusetts aswell. Having failed sO far in its efforts to have the state Cable Division override local authority to negoti ate franchise agreements, VerizVn has filed H. 3385, legislation slated for m Beacon Hill hearing on June 5 that VvPu|d effectively eliminate local licensing authority, replacing the local role with a 15- day process that would force the state to rubber stamp applications. The -cnrnpany claims that it will continue to pay franchise fees to municipalities and will maintain PEG acogsa, Yet Vehzon does not want to sign on the dotted line with municipal officials. The record shows that local officials invite competition and see it as beneficial. So why do the telephone companies want to eliminate or marginalize local franchising power? The answer is likely found in the telephone companies' business plans for their build-out. Cities and towns want to ensure that there is no discrinn|ppt|on |ooa||y/ and want to guarantee that all their residents will benefit from competition. " That means universal access, and no "'cherry picking that vvOu|d leave lower-income residents and neighborhoods behind. Industry analysts say that the telephone company nnodel is to target higher income communities, neighborhoods and clusters in order to get adequate payback from the cost of, their fiber-optic bu||d-out. Telephone companies all across the nation are lobbying at every level to push municipalities aside' If this happens, franchise fees and PEG access will be targets before long. In the meantime, lower- income and harder-to-reach consumers and neighborhoods will be most harmed. Local officials are the guardians of the community interest and the most reliable consumer advocates. That is why cities and towns will guard against this attack and will rightly defend municipal franchising powers. This may ba one more fight, one more challenge, but itwill be an important one for every community, every neighborhood, every household, and every consumer inMassachusetts. ' q 1-� SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A PART-TIME, TEMPORARY AND SEASONAL EMPLOYEES(PTS) DEFERRED COMPENSATION PLAN AND THE VANTAGETRUST Account Number Name ofEmployer: Title of Program Coordinator: —t'reCA-509-e-e- (see definition below of duties of Program Coordinator), Resolution of above named Employer ("Emp|oyer1 VVHEREAS, the Employer has part-time, temporary and seasonal employees rendering valuable services; and WHEREASdheostabishmentof a deferred compensation plan for such employees serves the interests of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of a PTS deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the Employer desires that its PTGdeferred compensation plan be d i iahaned Retirement Corporation, and that some or all of the funds held under such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans: NOW THEREFORE BE|T RESOLVED that the Employer hereby adopts or has previously adopted the PTS deferred compensation plan (the "P|en^)in the form of: (Select one) *� The ICMA Retirement Corporation Part-Time, Temporary and Seasonal Employees (PTS) Deferred Compensation Plan & Trust, referred boau appendix A LI The Plan and Trust provided by the Employer (executed copy attached henato). E|T FURTHER RESOLVED that the Employer hereby Trust, and attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the Vantage Trust. BE[T FURTHER RESOLVED that the assets u[ the Plan shall be held in trust, with the Employer trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the- assets shall not be diverted bo any other purpose BE IT FURTHER RESOLVED that the Plan (Select one) Q Will permit loon Will not permit loans BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan. BE IT FURTHER RESOLVED that the - k reOSUQ-,e-9— (use title of official, not name) shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the Employer, any required votes under the Vantage Trust Company; may delegate any administrative duties relating to the Plan to appropriate departments; and gEIT FURTHER title not name) to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration nf the Plan. 1) 1 I, , Clerk of the (City, County, etc.) of , do hereby certify that the foregoing resolution proposed by (Council Member, Trustee, etc.) of , was duly passed and adopted by the (Council, Board, etc.) of the (City, County, etc.) of at a regular meeting thereof assembled this day of , 20 T, by the following vote: AYES: NAYS: ABSENT: (SEAL) Clerk of the (City, County, etc.) ICMA Retirement Corporation ° P. 0. Box 96220 ° Washington, DC 20090 -6220 ° 1- 800 - 326 -7272 yyz Plan # 306202 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of , 2007, (herein referred to as the "Inception Date "), between The International City Management Association Retirement Corporation ("RU), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the Town of Reading ( "Employer ") a Town organized and existing under the laws of the State of Massachusetts with an office at 16 Lowell Street, 2nd Floor, Reading, Massachusetts 01867. Recitals Employer acts as a public plan sponsor for a retirement plan ( "Plan ") with responsibility to obtain investment alternatives and services for part -time, seasonal and temporary employees participating in that Plan; The VantageTrust (the "Trust ") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held-by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds (the "Funds ") for the investment of plan assets as referenced in theTrust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." The Funds are available only to public employers and only through the Trust and RC. However, investment in the PLUS Fund is the only option available to participants in this plan. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record - keeping, investment and tax reporting, form processing, benefit disbursement and asset management. Agreements Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all non - discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) maintenance of individual accounts for participants reflecting amounts deferred, income, gain, or loss credited, and amounts disbursed as benefits; (b) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; -2- �y Y Plan # 306202 (c) communication to participants of information regarding their rights and elections under the Plan; and (d) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Employer Agreements Employer agrees to the following with respect to the plan: (a) there is no necessity for individual employee signatures upon enrollment and/or disbursement; (b) if the employee's address is not provided upon enrollment by the Employer, then the Employer's address will be used as the contact address; and (c) Employer will provide employees with communications on employee right to file a W -4 form along with the Employer's request for disbursement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of the VantageTrust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions maybe adjusted from time to time: It is understood that the term "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative. Services Agreement. 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to all individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. -3- ,�yS Plan # 306202 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non - profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA -RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker- dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document, RC shall not be responsible for the eligible status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. 5. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to j oin the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the .divorce or separation of participants in the Employer Plan. The Employer consents to the disbursement by of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Plan # 306202 Agreement shall-be 0.55% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed and paid monthly on plan assets in the Trust at the end of each month.. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $18.00. The account maintenance fee is payable in full on January 1 of each year on each account in existence on that date. For accounts established after January 1, the fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust. (d) Payment Procedures. All payments to ICMA -RC pursuant to this Section 6 (a) shall be paid out of the Plan assets held by the Trust and shall be paid by the Trust, to the extent not paid by the Employer. All payments to ICMA -RC pursuant to this Section 6(b) shall be paid directly by Employer, and shall not be deducted from Plan Assets held by the Trust. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. In the event that the Employer agrees to pay amounts owed pursuant to this section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by the Trust. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 8. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services under this Agreement and administrative and -5- ql�' Plan # 306202 operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shall become effective unless, within the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which even the parties shall negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. , 11. Notices All notices required to be delivered under Section 10 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002 -4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the sole agreement between RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. Plan # 306202 In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. TOWN OF READING by: Signature/Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION �y� TOWN OF READING DRAFT FY2008 COMPENSATION PLAN STEP HRLYRT BIWEEKLY ANNUAL STEP HRYRT0WEEKLY ANNUAL STEP HRLYRT BIWEEKLY GRADE:1 GRADE: 0 GRADE 11 01 12O1 900.75 23,419.50 01 16.84 1,263.00 32,838.00 01 23.63 1,772.25 02 1220 919.50 23.907.00 02 17.18 1.288.50 38'501.00 02 24.10 1.807.50 03 12'51 938'25 24'894'50 03 17.51 1.813.25 34.144.50 03 24.58 1.842'00 04 12'70 957'00 24'882'00 04 17.88 1'341.00 34,880.00 04 25.05 1'U8^75 Ob 13- 01 975'75 85'36850 05 18.24 1'388.00 35.568.00 05 25.56 1'917.00 UO 13= S�' 25 25' 076.50 OO 18.59 1.394.25 36,250.50 06 26.08 1,956.00 07 13.�� 1.D14.0O 20�O40� � . 10� 1�2� . . �.�1� � �.� 1O�'� . OO 1379 1O34�5 ' 26,890.50 08 19.35 1.451.25 37.732.50 08- 27.13 2.034.75 09 14'OO 1'O5O-- OO 27'45600 03 18.73 1.479.75 38.473.50 OS 27.67 2.075.25 10 1'35 1'O7O 27882.50 10 20.13 1,509J5 89'253.50 10 28.23 2.117.25 GRADE 2 GRADE: 7 GRADE 12 - O 12.85 963.75 25,057.50 01 18..02 1,351.50 35,139.00 01 25.30 1,897.50 13.12 �� .5�.0O � 18.� 1.09.25 85.8�.� �� 1 1�� 03 13'� 1U�J5 �.�1.� � 1O7O 1�0.� ��.� � ' �� 1.�4� ~ 04 ' 1364 ' 1'023I0 26,598.00 04 19.18 1�4-.75 37' 303. 50 04 20. 83 2' �2,012.25 O5 13~1 1,048.25 27,124.50 05 19.51 1,463.25 38,044.50 05 27.38 2,053.50 00 14'' 9 1.064.25 2' 60.50 06 l�� 1��0 ��5l0 � �� O0 07 14.48 1'080.00 28'236.00 07 �. 30 1' 522;50 39' 585.00 07 28. 47 22,135.25 08 14.76 11,107.00 28,782.00 08 20.72 1,554.00 40,404.00 08 29.04 2,178.00 09 15'06 1,129.50 29.38710 08 21.13 1.58475 41,203.50 09 29.62 2,221..50 10 1587 1152.75 29'971.50 10 21.54 1.015.50 42.003.00 �10 30.20 2.265.00 GRADE 3 GRADE: O GRADE: 13.. 01 13.74 103UI@ 2OJO3.O0 01 102O 1/4�.O0 37.596.00 O1` 27�5 2p2O7� � 1�� 1'0�.� �.�8.� � 19�7 1��.� �.��O � �.� 2��.� 03 142S 1'071J� 27.8O5.5O� �8 2O�0 1.5O4�O 39.117.00 03' 28.14 2.110.5[ 04 -- 14`60 ' 1,095.00 28,470.00 04 20.46 1,534.50 39,897.00 04 28.71 2,153.2f 05 1489 1110.75 29.035.50 05 20.87 1.505.25 40.690.50 V5 � 29.28 2'190.0( 00 15'1O 1'1OO.5O 29.601.00 OO 21.30 1.597.50 41'635.00 06 20.80 2.239.5( 07 15'48 1'1O1.75 30.205.50 07 21.73 1.629.75 42,373.50 07 80.47 2.2U5.�� OO 15'- 1'184.25 30.790.50 OO 22J5 1.061.25 43.|Q2�O �UO 31.08 2�3JlV O3 ''- 1011 ' 1' 25 �O8 � -- �� 31 �� . � � �2SO 1 O�OU . . �0O�U � �JO 2�� 10 16.43 1,232.25 32,038.50 10 1,728.75 44,94/ .50 10 32.33 2,424.7! GRADE: 4 GRADE: 8 GRADE: 14 ' 01 14.72 1.104.00 28,704.00 01 20.64 1,548.00 40,248.00 01 28.94 2.170.5' 02 15'01 1.125.75 Q 29,269.50 02 21.03 1,577.25 41,008.50 02 29.54 2,215.5 03 15' 31 1.148.25 20. O3 21.46 1,609.50 41'847.00 OO 30.12 2,259.0 04 15- 0~ 2 1'17- 1.50 - 30,459.00 04 21. 89 1' 641.75 42' 685. 50 04 k71 2' 2,303.2 0 15.93 1' 194.�5 31,063.50 05 22.33 1,674.75 43,543.50 05 31.32 2�49.0 06 16-- 1'-18.75 31.687.50 00 22.78 1,708.50 44,421.00 00 31.94 2.385]5 07 16' 1-2.00 82.232.00 07 23.24 1.743.00 45.318.00 07 32.59 2.444.2 08 169 1,266.75 32,935.50 08 23.72 1,779.00 46,254.00 08 33.25 2,493.7 OS 17.23 1,292.25 33,598 .50 09 24.20 1,815.00 47,190-00 09 33.92 2,544.0 10 17.57 1.317.75 34.201.50 10 24.68 1.851.00 48026.00 10 34.80 2,595.0 'GRADE: 5 ' ' 10 GRADE: ' ' 15 01 - 15.74 1,180.50 �'U�.0O 0 �� 1��I0 4�� 01 �� 2�� O2 18O5 ' ' 1�O3�75 31 2�� . . - � �� . 1 M�� . � �Q14l0 . � 81 � ' 2'80l 03 16.37 1j227J5 31,921.50 03 22.97 1,722.75 44J91.50 03 32.28 2,417.'e 04 1072 11,254.00 32,604.00 04 23.43 1,757.25 45,688.50 04 32.86 2,464 05 17.03 1,277.25 33,208.50 05 23.90 1,792.50 46,605.00 05 33.52 .( 2,514.( 00 17' 38 1' 303I0 33'891.00 O8 2�38 1'828.50 47�41.0O 06 34.18 2,563.,' 07 17.73 1,329.75 34,573.50 O7 24.87 1,865.25 48,496.50 07 34.87 2,615� 08 1808 1'356.00 35,250.00 08 25.37 1.902.75 49'471.50 OO 35.58 2'608.! 09 18'45 1'303.75 35.977.50 OS 25.88 1.941.00 56.468.00 89 30.28 2.721.1 10 1881 1.410.75 36.079.50 10 26.40 1'080.00 51,480.00 10 37.00 2J75.1 Board of Selectmen Meeting May 1, 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 Ben Tafoya, Vice Chairman James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi, Water and Sewer Supervisor Jim Richardson, Town Counsel Judith Pickett, Fire Chief Greg Burns, Town Manager Peter Hechenbleikner, Assistant Town Manager Bob LeLacheur, Paula Schena and the following list of interested parties: Mike and Pat Patalano, John Van Horn, Bassam Kofatin, Marlene Wolfe, Arthur Jackel, Jerry Cavanaugh, Larry Hodson, Fadi Melki, Charles Gray, Arthur Sordelo, Bob Soli, Geoffrey Beckwith. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert indicated that he had Office Hours this evening. He noted that the Reading Coalition Against Substance Abuse should give reports to Town Meeting. He questioned the school zone for the Montessori School. The Town Manager noted that it is definitely a school zone, and the Town will try to work with the school regarding the installation if they buy the equipment. Selectman Schubert asked about a tree bylaw for the Subsequent Town Meeting. Selectman Camille Anthony noted that Boston is doing tree planting. Marblehead did a tree inventory and received a grant for it. She agreed that the Town needs a tree bylaw. She thanked Bob LeLacheur and Gail LaPointe for the great job they did on the Budget at Town Meeting. She also noted that Town Meeting got bogged down on a $60,000 item out of a $71 million budget and that is not efficient of Town Meeting. She'feels that the School Committee process needs to be made clear to Town Meeting. Vice Chairman James Bonazoli noted that the Coolidge Science Team is doing a fundraiser group yard sale this weekend. The Friends of Reading Recreation are having a bike clinic at Memorial Park on Saturday. Town Manager's Report The Town Manager gave the following report: • Our State Representatives have included in the House version of the FY 2008 State Budget the following items for Reading, and we greatly appreciate their assistance and commitment to Reading: • $50,000 for a parking garage feasibility study; . • $200,000 for Water Treatment Plant demolition; • $50,000 for tennis court renovation; • $10,000 towards the Joshua Eaton Clock Tower renovation. Board of Selectmen Meeting — May 1, 2007 — Page 2 • We have a confirmed bid date for the Downtown Improvement Project of May 30, 2007. This has been confirmed at the highest levels of the Mass. Highway Department, and this is good news. We have also been promised an expedited bid award so we hope to see some construction this year. Again, a big thanks to our legislative delegation. • We have drafted a letter to the Secretary of Environmental Affairs for the Board of Selectmen to send regarding Disposal of Compact Fluorescent Lights per the Board's request. • We are having a community meeting on May 17th at the Senior Center at 7:30 p.m. regarding the new plans for Memorial Park. This is per the previous discussion with the Board of Selectmen regarding the Master Plan for this site. • Temporary fencing is again being installed at the Barrows School Field for the baseball season. A letter has gone out to the abutters. • There was a Water Resources. Commission (WRC) public hearing in the Selectmen's Meeting Room at Town Hall on April 23rd at 3:00 p.m. on Reading's application to purchase all of its water from the MWRA. A second hearing was held in West Boylston on Thursday, April 26th in the donor basin. • The Reading Lions Club invites you to participate in the Fourth Annual Reading Friends and Family Day. Save the Date— Saturday, June 30, 2007. • "Help Wanted" The process is beginning to recruit volunteers for various Boards, Committees and Commissions of the Town. • The Town is doing reconstruction on three roads at the current time — Hillcrest Road, Maple Ridge Road and Cumberland Road. • The Library Open House on Saturday, April 28th was a great success. • Site walk from Birch Meadow Drive at Main Street to Imagination Station took place Monday with Selectman Steve Goldy, Conservation Commission members and the Town Engineer. The issue is drainage and trees as raised by Ms. Cowell at last week's Board of Selectmen's Meeting. • I have two legal settlements for the Board of Selectmen to sign: Fraen Corporation — As part of a legal settlement re: contamination of Fraen's site caused by a leak at the Town's former underground gasoline storage facility, the Town agreed to do paving on their site at a cost of up to $25,000. In lieu of this, we are paying them the $25,000 so that they can do the paving themselves — it's simpler and the DPW is out straight on a number of other projects. A motion by Schubert seconded by Bonazoll to approve the legal settlement with the Fraen Corporation in the amount of $25,000 was approved by a vote of 4 -0 -0. Settlement with Stearns and Wheeler related to the delay in design of the 20" water main in the Birch Meadow area which caused change orders for the RMHS project. The School Department has been paid all moneys for the change order, and this is a payment to the Town in settlement of those damages. A motion by Schubert seconded by Anthony to approve the legal settlement with Stearns and Wheeler in the amount of $25,000 was approved by a vote of 4 -0 -0. 9 �Z Board of Selectmen Meeting May 1, 2007 — Page 3 Proclamation/Certificates of Appreciation Proclamation — Forget -Me -Not Week — A representative from the Disabled American Veterans was present to accept the Proclamation. A motion by Anthony seconded by Schubert to declare May 4-13, 2007 as Disabled American Veteran's Forget -Me -Not Week was approved by a vote of 4 -0 -0. Discussion/Action Items Designation of Board of Selectmen Participant in Open Space and Recreation Plan Update — Selectman Camille Anthony volunteered to serve on the committee. Highlights — Water Distribution — Status and Progress — Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi and Water and Sewer Supervisor Jim Richardson were present. Jim Richardson noted that the original water line was installed in 1890. There is currently 110 miles of water main. The new water mains have a lifespan of 150 years. The Water Division is responsible for hydrant maintenance and repair, leak detection, inspections of new developments and water meter replacements. Peter Tassi noted that the mission of the Water Department is to ensure a safe and sufficient supply of water. His duties involve water sampling, maintaining the wells and the. Aquifer Protection District, emergency operation and water storage. He also noted that the Town should have final approval from the MWRA in October/November 2007. Ted McIntire noted that last year Reading was the first community to receive a Water Conservation Award. Hearing Petroleum Bylaw Regulations — The Secretary read the hearing notice. Town Counsel Judith Pickett, and Fire Chief Greg Burns were present. The Town Manager noted that the regulations are to implement the Petroleum Bylaw. He also noted that a public meeting was held with the people who store these products. He noted that there was an email in tonight's handout from Cumberland Farms. The Town Manager reviewed the regulations. Town Counsel noted that the title of Part 4 should be changed to "Administration." Vice Chairman James Bonazoli noted that in Section 5.1.2, the fourth paragraph should read "capability" instead of "capacity." He also noted that he feels 10 gallons is a small amount, and Town Counsel noted that 10 gallons is the standard. Selectman Richard Schubert asked for a historical perspective as to why the Town is doing this. The Town Manager noted that the Board of Selectmen had been dealing with a couple of locations that had spills and needed extensive clean up. The bylaw is an effort to give the Town a "hands on" authority. 5a3 . Board of Selectmen Meeting_ May 1, 2007 — Page 4 Selectman Camille Anthony noted that in Section 4.3, the second paragraph indicates ".....and a time for compliance." She indicated that needs to be clarified. Town Counsel noted that she will add "to be specified by the agent," at the end of that sentence to clarify. Marlene Wolfe, representing the Mobil Station on West Street, asked what the main difference was between the current regulations and these regulations. She also asked if they will be shut down until the Form B is filled out. The Town Manager noted that nobody will be shut down unless they are in violation or they fail to renew. There will be various steps to follow. Fire Chief Greg Burns noted that there is no significant difference from the current regulations.. The biggest change is the contingencies that require certain items be kept onsite in case of a spill. Mike Patalano from Reading Car Care noted that it is not clear if he has to pay a fee for each quart of oil. The Town Manager noted that there is a $100 permit fee and they need to think about how to set a fee for pallets. Mr. Patalano indicated that the contingencies should already be required. Fire Chief Burns noted that they are not required in the State Code. Larry Hodson of 26 Brande Court asked how the transient trucks will be handled. Chairman Ben Tafoya noted that is covered in the definition of "store." Town Counsel noted that it is also in the bylaw. Mr. Hodson noted that there are pick up trucks with 110 gallons of diesel to keep backhoes running. Fire Chief Burns noted that they are permitted under the fire prevention code. Jerry Cavanaugh from RMLD noted that the transformers have more, than 10 gallons of petroleum based oil in them. The Town Manager noted that the RMLD will need a contingency. Charlie Gray of 431 Main Street noted that almost all of the tanks in Reading have been replaced and have leak detection. Selectman Camille Anthony noted that may be but the station on Walkers Brook was supposed to be keeping records but they were not. Arthur Sordelo of West Street Mobil noted that he has a contingency plan and kits on site. He keeps daily records for reconciliation, etc. He asked if he had to list everything because the storage on site changes from day to day. The Town Manager noted that the Town heeds to know your maximum. He also noted that the permits are good for five years. Mr. Sordelo asked about the process for changes, and the Town Manager indicated that there will be a process for changes. Mr. Hodson noted that the regulations state that the tanks have to be replaced every 30 years. Chairman Ben Tafoya noted that Section 4.1 B2 indicates that the Fire Department can waive that requirement. Mr. Gray indicated that he did not feel that he should have to replace the tanks if they have leak detectors on them. A motion by Anthony seconded by Schubert to close the hearing on the Petroleum Bylaw Regulations was approved by a vote of 4 -0 -0. 5 a'� Board of Selectmen Meeting — May 1, 2007 — Page 5 A motion by Anthony seconded by Schubert to approve the Town of Reading Petroleum Storage Regulations dated 4/19/2007, as amended, was approved by a vote of 3 -1 -0, with Bonazoli opposed. Vice Chairman James Bonazoli noted that he voted against the motion because more work needs to be done — there are too many holes in the regulations. Hearing — Liquor License Fees — 2008 through 2010 — The Secretary read the hearing notice. The Board of Selectmen's Policy has liquor fees set for three years. A survey was done and the Town Manager recommends an increase in the fees. He is recommending an increase of $100 per year for the Package Store Licenses and All Alcoholic Restaurant Licenses - no increase for the Beer and Wine Licenses and a small increase in the Club Licenses. Selectman Camille Anthony asked if the proposed fees were sent to the licensees ahead of time. The Town Manager indicated that they were sent. Selectman Anthony also asked why we took an average. The Town Manager indicated that was to remain competitive with surrounding communities. Selectman Anthony noted that the cost of a liquor license won't prevent a restaurant from corning into Town. She also noted that none of the licensees are present because the proposed fees were sent out ahead of time. Chairman Ben Tafoya noted that the increase in fees is to cover administrative costs. He also noted that he had no problem with the proposed increase. Vice Chairman James Bonazoli noted that there was no other data to get to validate a change. Selectman Camille Anthony noted that she does not want to be average, and suggested only setting the fee for one year. A motion by Schubert seconded by Bonazoli to close the hearing establishing the liquor license fees for 2008 —. 2010 was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Anthony to set the liquor license fees as presented for 2008: Category 2008 Retail Package Goods Store License for all kinds of Alcoholic $2100 Beverages not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All $3300 Kinds of Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell Wine $2400 and Malt Beverages to be Drunk on the Premises Club License to Expose, Keep for Sale, and to Sell All Kinds of $1000 Alcoholic Beverages to be Drunk on the Premises was approved by a vote of 4 -0 -0. Board of Selectmen Meeting =May 1, 2007 — Page 6 Town Position — Route 128/I -93 — Selectman Richard Schubert noted that the major goal is to meet the transportation without sacrificing the quality of life for area communities. Other major goals include designing improvements within the existing right of way, avoid residential and business property takings, minimize visual impacts on the communities and enhance the visual environment where possible, and to consider quality of life costs as well as financial costs. Selectman Richard Schubert noted that the recommendations fall under three categories: Transit and TDM (transportation demand management) components, highway and sound barriers. Under transit, the most important is to re -open Mishawum Station. Chairman Ben Tafoya suggested adding that there should be no charge for parking at Anderson Station. That might attract more people. Selectman Camille Anthony suggested adding "encouraging flexible work hours ". Selectman Richard Schubert noted that the highway components include extending the additional lane, and to support further work for them to design something that we can live with. Construction mitigation would include minimize cut through traffic and to minimize disruption; i.e., noise and lights from nighttime construction. There also has to be an upfront commitment for sound barriers. Vice Chairman James Bona zoli noted that although H3 -US looks promising, it still needs work including further design to minimize negative impacts. Selectman Camille Anthony noted that she likes the H3 -US option. She also noted that it is visually and audibly better, is further from Reading property and has lower sight lines. Bob Soli of 19 James Road noted that Route 128 was designed in the 1940's. It has two lanes in each direction and there is not enough space for the proposals. He feels that the highway is not safe and more law enforcement is needed out there. He asked if there is a validation for the simulation that states it works. He also noted that as far as sound prevention and mitigation, the motorcycles and big trucks are very noisy. The trucks are using their engine breaks and that should be stopped. Chairman Ben Tafoya asked what is the real goal of the project. He noted that the big plans aren't going to accomplish the goal. If they create four lanes of highway, it will be reduced to two lanes further down the road. If we make it easier, then it will increase the number of drivers on the road. Selectman Camille Anthony noted that if nothing is done, then in 2020 it will be a mess. Town Position — Governor's "Municipal Partnership Act" — Geoffrey Beckwith, resident and Executive Director of the Massachusetts Municipal Association was present. Sa6 Board of Selectmen Meeting — Mail, 2007 — Page 7 He noted that on February 15, 2007, the Governor enacted the Municipal Partnership Act. There are five key components: • Allow different negotiations for health insurances; • Pension system — to force under performing communities to transfer to PRIT; • Statewide increase from 4% - 5% for local lodging tax; • Local option meal taxes — allow up to 2% of local meal tax in Reading. This could raise around $288,000 gross for Reading; • Eliminate the telecommunications loop hole. Selectman Camille Anthony asked if the Mass. Taxpayer's Association has taken a stand. Mr. Beckwith noted that they do not support the telecommunications but they do support the meal tax option. Selectman Richard Schubert asked who makes the decision. Mr. Beckwith noted that for the meal tax, the Selectmen would approve first and then it would go to Town Meeting. For the telecommunications, it would go just to the Board of Selectmen. The Board discussed sending a letter supporting the Municipal Partnership Act. The consensus was to write a letter supporting the Act and to make note of certain components that the Town is interested in. the ■ Creation of optional local decisions on various items of revenue including a meals tax up to 2 %; * Creation of a "Municipal Property Tax Exemption Fund;" • Elimination of utility corporation tax exemptions for telecommunication companies; • Ability to consider alternative local decisions about employee and retiree health care ,programs through access to the Group Insurance Commission (GIC). was approved by a vote of 4 -0 -0. Approval of Minutes A motion by Bonazoli seconded by Anthony to approve the Minutes of April 10, 2007 was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Anthony to approve the Minutes of April 14, 2007 was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to adjourn the meeting of May 1, 2007 at 11.20 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary r 60 s C Vel ZED7 MAY 22 AN 11; 27 ve i on May 2007 Dear Public Official: Comcast recently sent you a letter attacking legislation that would reform Massachusetts' video franchise laws. While we understand that in preserving the status quo, Comcast protects its near - monopoly in the Commonwealth, we cannot let the inaccuracies in the company's letter to you go unanswered. Comcast and its trade associations have attempted to cloud the merits of these bills through a series of written scare tactics both to you and members of the state legislature. Here is the truth: Senate Bill 1975 and House Bill 3385 are good for Massachusetts municipalities. These bills will ensure that your residents have faster access both to new communications technologies and to cable television competition, while preserving the benefits important to you — franchise fees, control over rights -of -way, and public, educational, and government access channels. Comcast's statements to the contrary are simply untrue. No consumers will be hurt by this legislation. Competition drives providers to offer more programming options, innovative technology and competitive prices. In fact, the FCC says cable prices are 17 % lower where there is wire -to -wire cable competition, and adds that satellite competition does not offer price relief. Verizon does not — and never has — engaged in "cherry picking. " This is a red herring designed to distract the discussion from the real merits of cable television competition. Our track record of fiber deployment is strong. We serve economically diverse communities and will do so under new legislation. And, the legislation includes strong anti- redlining provisions that would allow action by a municipality or the Attorney General in cases of discrimination based on income. Comcast puts its interests ahead of consumers in supporting the current franchise process. In our surveys, nearly 90% of consumers polled say they want more cable TV choice. The length of the local franchising process prohibits consumers from realizing the benefits of cable competition and choice in a timely way. So far, 10 other states have reformed their cable laws, consumers are enjoying more competition, and municipalities are unharmed. The Massachusetts bills give consumers what they want — more choices. Comcast benefits tremendously by stalling franchise reform. Consider the predictions of Comcast's own executive team at a financial analysts' conference just last week: • Comcast's cable revenue is projected to grow a compounded average of 12% per year over the next two years. • Comcast's cable operating cash flow is projected to grow a compounded average of 14% per year over the next two years alone. • Comcast's Digital Voice service is projected to reach a penetration level of 20 -25% over the company's available homes passed. (And unlike Verizon's, Comcast's voice service is largely unregulated) It is easy to understand why Comcast might do all it can to protect its monopoly status in every state. I urge you to reject Comcast's inaccurate claims surrounding the Massachusetts cable franchise legislation and to recognize the company's true motivation. You local government should enjoy the benefits of updated rules and your residents deserve real video choices now —not years from now. If you have any questions, please contact us at 1- 888 - 686 -4891. Thank you for your consideration. Sincerely, Verizon Vice President, External Affairs — Massachusetts and Rhode Island ' GARY S, BRACKETT ELAINE M. LUCAS JUDITH A. PICKETT JAMES T. MASTERALEXIS STEVEN C.FLETCHER* ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in ME and CO BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508 - 799 -9739 Fax 508- 799 -9799 May 16, 2007 Peter I. Hechenbleikner, Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Re: 2007 Annual Report Dear Mr. Hechenbleikner: qC WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER MASSACHUSETTS 01890 781 - 729 -1500 Fax 781- 729 -5444 E -Mail: ECDoucette @BrackettLucas.com RESPOND TO WINCHESTER OFFICE I am hereby submitting the report of Town Counsel on legal matters for the Town of Reading for the calendar year 2006. During 2006, Brackett & Lucas as Town Counsel addressed various and diverse issues on the town's behalf. I am pleased to say that at present, the town is involved in only a minimal amount of litigation. Pending litigation matters involve a challenge to the town's adoption of a stormwater utility fee, construction litigation by a subcontractor regarding the RMHS, and three (3) zoning appeals. There are pending appeals to the Appellate Tax Board for which we provide advice and representation to the Board of Assessors. - A claim for arbitration against an engineering firm and a dispute over an escrow account established by the CPDC to address drainage concerns have been successfully negotiated to a satisfactory resolution. Attorneys Judith A. Pickett, Donna Gorshel Cohen and I provided legal assistance to most department heads, town boards, committees and commissions including the Board of Selectmen. The legal services provided included the provision of advice and legal opinions in the areas of land use to the Zoning Board of Appeals and Community Planning and Development Commission. We advised the school department on various issues related to the construction of the Reading Memorial High School, reviewed contracts and provided advice on contract disputes. The firm also assisted in the preparation and review of by -laws and the review and drafting of warrant articles for Town Meetings during the year. We attended all Town Meetings in order to address any legal issues or concerns raised by Town Meeting members. Attorneys Pickett and 8�� Gorshel Cohen spent significant time advising the Conservation Commission on litigation matters and the negotiation of conservation restrictions. Brackett & Lucas also assisted the town in the acquisition of 1481 Main Street which culminated in the recording of the deed on April 9, 2007 and in the preparation of a cy pres petition which seeks to expand park and recreational uses for Reading Memorial Park. This past year also required our assistance in the preparation of documents pertaining to the release and /or acquisition of easements for sidewalks, drainage and utilities and the drafting of new Petroleum Regulations which were recently adopted by the Board of Selectmen. We also assisted the town in the negotiation of an agreement for the town to receive its water supply from the Massachusetts Water Resources Authority ( "MWRA') and for the town to be admitted as a member of the MWRA service area. It has been our pleasure to serve the legal needs of the Town of Reading this past year and we look forward to continuing to do so in the future. Very truly yours, Ellen Callahan Doucette ECD /sjs cc: Gary S. Brackett, Esq. Elaine M. Lucas, Esq. �v, Page, l of 1 t/c Hechenblelkner, Peter From: Carolyn Goldy [ cgoldy @wobumpublicschools.com] Sent: Monday, May 14, 200111:34 AM To: Reading - Selectmen Subject: development Selectmen, I encourage you to read the Sunday Boston Globe's Foregone Green Space article in the real estate section. It appears some of the developers of large parcels of property are building high density housing and in return are deeding some of the land as open space. Is the developer of Addison- Wesley willing to do a similar exchange? I am saddened by the amount of development that has recently occurred on West St- some of it Reading and some of it Woburn. In my opinion I don't think the developers of Archstone nor Avalon had any respect for the community and even less respect for the land. I'm sure you have heard that Barrows has recently lost their art room in order to accommodate a large kindergarten class. How will the community sustain another large housing project? The argument that these units do not draw children is false. The principal of Barrows said she had two kindergartners on hold in addition to the high numbers already enrolled! I'm also sure you know that Archstone has leasing still available as does Avalon, and two other apartment complexes on the Reading/Woburn line- both near BJ's. Is there even a market for more apartments? While I do not want to see any high density housing, if it has to go in that direction I would like to see a development that incorporates housing as well as open space. Sincerely Carolyn Goldy ©°°.... oo©© oo.... oo©© oo.... oo © ©oo....00 © ©oo....00 © ©oo....00© Carolyn Goldy Woburn Public Schools mailto:cgoldy@wobumpublicschools.com ------------------ - - - - -- 5/14/2007 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, May 17, 2007 3:13 PM To: 'Carolyn Goldy' Subject: RE: development Carolyn Thanks for the email. I will see that the Board of Selectmen get copies in their packets. Pete From: Carolyn Goldy [ mailto: cgoldy @woburnpublicschools.com] Sent: Monday, May 14, 2007 11:34 AM To:'Reading - Selectmen Subject: development Selectmen, Page 1 of 1 �/c'�cS I encourage you to read the Sunday Boston Globe's Foregone Green Space article in the real estate section. It appears some of the developers of large parcels of property are building high density housing and in return are deeding some of the land as open space. Is the developer of Addison - Wesley willing to do a similar exchange? I am saddened by the amount of development that has recently occurred on West St- some of it Reading and some of it Woburn. In my opinion I don't think the developers of Archstone nor Avalon had any respect for the community and even. less respect for the land. I'm sure you have heard that Barrows has recently lost their art room in order to accommodate a large kindergarten class. How will the community sustain another large housing project? The argument that these units do not draw children is false. The principal of Barrows said she had two kindergartners on hold in addition to the high numbers already enrolled! I'm also sure you know that Archstone has leasing still available as does Avalon, and two other apartment complexes on the Reading/Wobum line- both near BYs. Is there even a market for more apartments? While I do not want to see any high density housing, if it has to go in that direction I would like to see a development that incorporates housing as well as open space. Sincerely Carolyn Goldy OC 00.11. oo©© oo.... oo©© oo.... oo © ©ao....00 © ©oo....00(C)©oo....oa© Carolyn Goldy Woburn Public Schools mailto:cgoldy@wobumpublicschools.com 5/17/2007 Page 1 of 3 4-/C �3C) 5 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, May 17, 2007 3:12 PM To: Reading - Selectmen; 'joe.dimino @clicksoftware.com' Cc: ' Cormier, Jim; Schena, Paula Subject: FW: Reading Gun Club Issue Joe — please see Town Counsel's response below. That does not mean that the club could not do changes voluntarily, but the Town could not require it. Pete Hechenbleikner Town Manager Paula — I/c Board of Selectmen From: Ellen Doucette [ mailto :ecdoucette @brackettlucas.com] Sent: Wednesday, May 16, 2007 11:59 AM To: Hechenbleikner, Peter Subject: Re: Reading Gun Club Issue Peter, The short answer to your question is no. M.G.L. Chapter 214, sec. 7B exempts rifle ranges from civil or criminal actions unless it violates a local noise control bylaw. Reading's noise control bylaw only applies to construction. Moreover, the statute specifically limits the hours of operation to 8:00 a.m. to 10:00 p.m. which hours may be expanded, not further restricted, by the "local governing body" a /k/a Town Meeting. Local regulation of hours of operation is generally restricted to those businesses which require a local license. Ellen Ellen Callahan Doucette, Esq. Brackett & Lucas 165 Washington Street Winchester, MA 01890, (781) 729 -1500 (781) 729 -5444 Facsimile - - - -- Original Message - - - -- From: Hechenbleikner, Peter To: Ellen Doucette Sent: Tuesday, May 15, 2007 12:46 PM Subject: FW: Reading Gun Club Issue Ellen Is there any way that the Town could require the RRR to change their practices if we wanted to, given the current law? Is 5/17/2007 SQ1 Page 2 of 3 From: Joe Dimino [ mailto :joe.dimino @clicksoftware.com] Sent: Tuesday, May 15, 2007 1:04 PM To: Reading - Selectmen; Town Manager Subject: Reading Gun Club Issue Dear Selectman and Pete (Town Manager), First, thank you Pete for hearing and understanding regarding my concerns about the excessive noise coming from the Reading Gun Club. My family and I recently bought a home off Libby and in Reading and absolutely love it. Great town, great neighbors. Now that the arm weather is hear we have begun hearing gun shots beginning around 9am on Saturday and Sunday morning and come to find this is coming from the Reading Gun Club. After speaking with neighbors who basically said you get used to the noise after a while I decided to call the gun club about a some type of compromise. Maybe 12 noon on weekends as a start time. Well, I heard back from the Reading Gun club and frankly it was not a pleasant call. I might go as far as to say it was at the least arrogant and uncaring to threatening at times. For example, your lucky we don't start at 7AM and repeatedly asking me where I lived. Well, I ended the call and decided to escalate this to you. While I have adversity to guns I do have an adversity to disturbing the peace. People would call the police to report a loud house party so my question is how is a loud house party different than a loud gun club? AS you can see from the law below, it appears they can operate. However, they must be within certain decibels as required by local law. So I guess my question is what can be down to limit the noise coming from this club especially on Sunday mornings. I think we all have rights and I value mine as much as theirs. Is there some way the town can limit the noise level or adjust the hours of operation so that we can reach a compromise here. Is does appear from the law below that the town can specify some relief. If a vote is taken I can assure you we would have many people behind my request. Thanks for your help! Range Law (noise) GENERAL LAWS OF MASSACHUSETTS Chapter 214: Section 7B. Rifle, pistol, trap, etc. ranges; noise pollution; liability in nuisance actions; injunctions. Section 7B. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, no owner of a rifle, pistol, silhouette, skeet, trap, blackpowder, or other similar range shall be liable in any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from use of the range, provided said owner of the range was in compliance with any applicable noise control law, ordinance or by -laws in existence at the time of the construction of such range. No owner shall be liable in any action for nuisance, and no court shall enjoin the use or operation of said range on the basis of noise or noise pollution, provided said owner was in compliance with any noise control law, ordinance or by -laws in existence at the time of the construction of the range. No standards in rules adopted by any state, city, or town agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall apply to the ranges exempted from liability under the provisions of this section. Such ranges shall be prohibited from operating between the hours of ten o'clock post meridian and eight o'clock ante meridian unless otherwise allowed by the local governing body. Joe Dimino Cell Phone 781- 223 -3839 5/17/2007 gyti