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HomeMy WebLinkAbout2007-05-15 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, May 15, 2007 • 128/193 Task Force Meeting is in Reading tomorrow, May 16 at the Senior Center from 4:30 to 6:30. • We have had confirmed a bid date for the Downtown Improvement project of May 30, 2007. This -has been confirmed at the highest levels of the Massachusetts 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 big thanks to our legislative delegation. • We are having a community meeting on May 17 at the Senior Center at 7:30 PM 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. • There was Water Resources Commission (WRC) meeting on May 10. Their hearing on Reading's application is in June, with a decision scheduled in July. MWRA Advisory Board action would be expected in September, and final MWRA approval in October. • The Reading Lions Club invites you to participate in the Fourth Annual Reading Friends and Family Day. Save the Date - Saturday, June 30, 2007 • The Town has completed reconstruction on 3 roads at the current time - Hillcrest, Maple Ridge, and Cumberland. • Bids are awarded for the Franklin Street Sidewalks. We are getting the paperwork done so the contractor can start ASAP. • West Street curb and sidewalks are under construction - you have a driveway appeal on 532 West Street that needs to be decided this evening so we can complete this project without delay or extra costs. • The Town has received an Economic Development grant to do a market study of Downtown. • I have 1 legal settlement for the Board of Selectmen to approve: • Acceptance by the Bear Hill group of turning over the entire $30,000 bond to the Town for drainage work. The piping in the street on that project is now complete. • Household Hazardous Waste Collection is this Saturday May 19 from 9 am 'til 1 PM, at the DPW garage. This is a joint program with Wakefield. • 'Weights and Measures issue re: posting of gasoline price signs - see attached email • Concern expressed by resident re RRR Club shooting - see attached email. BOARD-OF SELECTMEN. AGENDAS Hearing May 22 2007 Approve change in Plan - Emperor's Choice Restaurant 2008 Classification and Compensation Plan T-TAC Discussion Discuss Hours of Retail Operation - regulations 7:30 7:45 8:00 8:30 0 Appointments - Town Forest, Aquatics Advisory Board, Board of Cemetery Trustees, Recreation Committee, WSSWMAC 8:45 Accept Chapter 29 Sec 64D - Social Security vs Deferred Comp. 10:00 June 5, 2007 selectmen's Office'Hours,- Camilte Anthony Highlights Planning and Permits Coordination MAPC Update - Steven Sadwick Appointments Review Action Status report June 12; 2007 Report - CAB (Andrew Herlihy) Town Accountant Quarterly meeting Appointments Appoint Town Counsel 7:30 8:00 8:15 June 26, 2007 Hearing Appointments Water, Sewer, Storm Water rates Board of Selectmen proposed standards for multi-way stops Discuss traffic speed and multi-way stops Bancroft and Hartshorn multi-way stop July 10 2007 Setectmen's.Off]cc H ui _B iT'af6ya Highlights Building Inspection Review Action Status report Sight Triangle bylaw 8:00 6:30 7:30 0 DRAFT MUTUAL RELEASE This Mutual Release (the "Agreement") is made and entered into this day of May, 2007 (the "Effective Date") by and between the TOWN OF READING, by and through its TOWN MANAGER (the "Town"), a municipal corporation with offices at 16 Lowell Street, Reading, MA 01867, and READING BEAR HILL LIMITED PARTNERSHIP, READING BEAR HILL, INC., and THE DOLBEN COMPANIES, (hereinafter collectively referred to as "READING BEAR HILL"), corporations with a collective current address at 25 Corporate Drive, Suite 210, Burlington, MA 01803. WHEREAS, on November 28, 1994, the Town of Reading Community Planning and Development Commission ("CPCD") granted Reading Bear Hill a special permit for the construction of a Planned Residential Development called "Summit Village Condominium ("Summit Village special permit") consisting of 132 residential dwelling units, which special permit contained certain conditions requiring the satisfactory construction of associated site improvements including but not limited to, drainage structures, which were to be completed prior to the issuance of occupancy permits. WHEREAS, on January 20; 1998, the CPDC voted to accept an escrow of funds from the sale of the last four units in any phase of Summit Village in fulfillment of this condition and to that end, on February 10, 1998 the Town and Reading Bear Hill entered into an Escrow Agreement which provided that the net proceeds from the sales of those units would be deposited into an Escrow Account. A copy of the Escrow Agreement dated February 10, 1998 is attached hereto and incorporated herein by reference. WHEREAS, subsequent to the establishment of the Escrow Account, the CPDC voted on at least three (3) occasions to release substantial portions of the Escrow Account to Reading Bear Hill leaving a balance of $30,000.00 remaining in the Escrow Account pending completion of a required greenway and resolution of drainage issues associated with construction of Summit Village. WHEREAS, a dispute has arisen between the Town and Reading Bear Hill relative to the resolution of drainage issues associated with the construction of Summit Village which dispute involves the disposition and application of the remaining Escrow Account balance of $30,000.00 to remedy the drainage issues. WHEREAS, the Town and Reading Bear Hill have mutually agreed that it is in their respective best interests to settle amicably and discharge any and all disputes and claims between them, by reason of any matter, cause, or act, related to or arising out of the Summit Village special permit generally, the drainage issues specifically, and the disposition of the Escrow Account, from the inception of time to the execution of this Mutual Release; and 0 WHEREAS, the Town and Reading Bear Hill expressly deny and will continue to deny any and all claims of legal liability in any way related to or arising out of any controversies between or among them relative to the Summit Village special permit generally, the drainage issues specifically and the disposition of the Escrow Account; and nothing in this Mutual Release shall be construed as an admission by any party of any kind to the others, all such liability being expressly denied. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Mutual Release, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Reading Bear Hill, intending to be legally bound, agree as follows: 1. That the execution of this Mutual Release shall serve to operate as the written and joint instructions to legal counsel for the respective parties required by Section 2. Escrow Account of the Escrow Agreement in order to effectuate the release of the Escrow Account, and that all rights and obligations required by the Escrow Agreement have been fulfilled and the Escrow Agreement shall have no further force and effect. 2. Upon the execution of this Mutual Release the Escrow Account balance of $30,000.00 shall be paid to the Town in full and final satisfaction of the Reading Bear Hill's obligations pursuant to the Summit Village special permit and the Escrow Agreement. 3. That the Town agrees on behalf of itself and officials, employees, agents, insurers, representatives, successors and assigns, to release and forever discharge Reading Bear Hill and its officers, directors, principals, employees, attorneys, insurers,, agents, servants, successors, heirs and assigns, from any and all claims, demands, obligations, losses, causes of action, costs, expenses, attorneys' fees and liabilities of any nature whatsoever, whether based on contract, tort, statutory or other legal or equitable theory of recovery, whether known or unknown, that the Town has, had or claims to have against Reading Bear Hill including but not limited to any and all claims which relate to, arise from, or are in any manner connected to the Escrow Agreement or the Summit Village special permit. 5. That Reading Bear Hill agrees on behalf of itself, its directors, affiliates, subsidiaries, employees, agents, insurers, representatives, successors and assigns, to release and forever discharge the Town and its officials, employees, attorneys, insurers, agents, servants, successors, heirs and assigns, from any and all claims, demands, obligations, losses, causes of action, costs, expenses, attorneys' fees and liabilities of any nature whatsoever, whether based on contract, tort, statutory or other legal or equitable theory of recovery, whether known or unknown, that Reading Bear Hill has, had or claims to have against the Town including but not limited to any and all claims which 0 relate to, arise from, or are in any manner connected to the Escrow Agreement and/or Summit Village special permit. 6. This Mutual Release constitutes a legal, valid and binding obligation of each party enforceable in accordance with its terms and supersedes all prior discussions, representations and agreements, both written and oral, among and between the Town and Reading Bear Hill with respect to the subject matter hereof. 7'. This Mutual Release shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts regardless of the laws that might otherwise govern under applicable principles of conflicts of law thereof, 8. This Mutual Release may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart. 9. Neither party to this Mutual Release will have any future claims upon the other nor any future obligations to the other beyond those contained within this Mutual Release. 10. The Town and Reading Bear Hill respectively represent and warrant that each party has all requisite power and authority to execute, deliver and perform this Agreement without any further approval of any kind. 11. The Town and Reading Bear Hill have each consulted with or had a full and fair opportunity to consult with counsel of its choosing concerning this Mutual Release, and have read and understand the terms, conditions and consequences hereof, and are freely and voluntarily entering into this Mutual Release. IN WITNESS WHEREOF, the Town and Reading Bear Hill have caused this Mutual Release to be duly executed as of the date first above written by their respective officers duly authorized. TOWN OF READING By: Peter I. Hechenbleikner Town Manager READING BEAR. HILL LIMITED PARTNERSHIP; READING BEAR HILL, INC.; THE DOLBEN COMPANIES, By: Name: Title: President/CEO 0 Page 1 of 1 Hechenbleikner, Peter From: Fiore, Jane Sent: Tuesday, May 15, 2007 2:35 PM To: Anthony, Camille Cc: Hechenbleikner, Peter Subject: request for SWM information on Shell Station Hi Camille, I thought an e-mail message would be more efficient than telephone tag. I received the message from Peter regarding the price signage at Main Street Shell Station next to the Fire Station. Investigation: . The SWM consumer laws amended 2004 read as long as: The price per gallon is posted above each pump it is not necessary to post price on a marquis sign. If two signs to advertise the price then the price must be consistent. If it is not the consumer pay the lower price. I have also emailed the state to see if there has been any amendments. Charlie Carroll the SWM Dept Head is out of this office until next week. I also went to the site and noted each pump is marked with a price /gallon and sealed by the state SWM. I'll let you know if I find out anything different. Thanks Jane Jane M. Fiore, RN,CHO Health Services Administrator Town of Reading 16 Lowell Street Reading, MA 01867 781-942-9061 f781-942-9071 5/15/2007 Page 1 of 2 Hechenbleikner, Peter From: Joe Dimino Doe.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 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 5/15/2007 2. 3.3 Ad Hoc Birch Meadow Master Plan Committee It is the desire of the Board of Selectmen to reach consensus among all "stakeholders" of Birch Meadow, so that the community can enjoy and use this valuable recreational resource, by developing a Master Plan. . 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 seven (7) residents of Reading appointed by the Board of Selectmen for terms expiring Decctnber 31, 2007, or such earlier date that may be determined. In selecting the membership, t t~ oa of Selectmen shall attempt to fill the membership as follows: 1. One member recommended by the Recreation C i 2. One member recommended by the Conservatio ommi,; 3. Two members from youth sports and/or athltico anization ib, Reading; 4. One member of She Board of Selectmen: 5. Two residents at large who do no fi l the r uirements of d f the other categories listed above. The Birch Meadow Master Plan Committee shalJ ~~6~ic r n the following activities related to developing the Master Plan for Birch Meadow: 1. Review and understand thcnpe of the charge ,to\the committee, and develop a suggested work plan and schedule; ti 'P", 1~ 2. Review and document the cu nt asps develoqiient of the Birch Meadow; 3. Solicit input from the comm at,* C,t at uses can be permitted; 4. Reach out to th current users o ch Meaca for their comments and input; 5. Reach out U awa gepartment d Boards/Committees/Commissions that may be affected by t1i~ urr~ n t changed use f irch Meadow; 6. Prepay 11'. K:11 m 11] ~Ty Master Plan their findings including potential uses and draft drawings by August 20(4 7. S the lv oji nn ir 1I'astcF'l'lan to the Board of Selectmen for their review 8 Conduct tihlic heir \a -An the results of the preliminary Master Plan; With staff, lop a~ii al Master Plan by September 15, 2007, 10 ,Report to th oard of Selectmen and get feedback at key milestones in this ``~,~t cess, incl g prior to the development of the Preliminary Master Plan. Staff anti ` Co sel will be assigned to work with the ad hoc Birch Meadow Master Plan Committee t e Town Manager. The ad hoc Birch Meadow Master Plan Committee will be considered to part of the Department of Public Works for administrative purposes. Adopted 5-I5-05 May 15, 2007 To: Reading Board of Selectmen From: Ad Hoc Community Preservation Act Study Committee Re: possible Warrant article for adopting the Community Preservation Act (CPA) The 2006 Master Plan calls for reconsidering the CPA and other objectives that would be served by matching state funds of CPA revenues. The Selectmen set up this committee to study the tax and revenue impact, and the potential projects for Reading, if the Town adopts this Act. Here are our findings: Estimated CPA tax collections without exemptions 1% 2% 3% 2006 $433,469 $866,937 $1,300,406 2007 $448,307 $896,613 $1,344,920 2008 $466,587 $933,174 $1,399,761 2009 $467,557 $935,114 $1,402,671 2010 $481,363 $962,727 $1,444,090 Estimated tax collections with a $100,000 exemption 1% 2% 3% 2006 $332,042 $765,510 $1,198,979 2007 $346,880 $795,186 $1,243,493 2008 $365,160 $831,74 $1,298,334 2009 $366,130 $833,687 $1,301,244 2010 $379,936 $861,300 $1,342,66 * Calculations based on 8,069 residences with a total of residential value of $3,509,857,100 Projected state matching for FY 2007: Two scenarios Note: The state has distributed CPA funds at the match rate of 100% in each of the five distribution rounds since 2002. In FY 2007, the amount was $58.7 million. The year before, the figure was $46.3 million. The level offuture funding largely depends on the amount ofstate collections from deed fees and the number of participating CPA communities. As more towns sign up or with fewer property sales, the match may go down toward 60 percent. For towns with a higher tax surcharge, the match is a bit more generous. Towns can opt out of the CPA after five years. Ifmatchingfunds shrink, a Town can lower its rate. Total CPA Account Value with 100% match from state and the $100k exemption 1% 2% 3% 2006 $664,083 $1,531,019 $2,397,957 2007 $693,759 $1,590,371 $2,486,985 2008 $730,319 $1,663,493 $2,596,667 2009 $732,259 $1,667,373 $2,602,487 2010 $759,871 $1,722,599 $2,685,325 15 2 Total CPA Account Value with 60% match from state with the $100k exemption 1% 2006 $531,267 2007 $555,007 2008 $584,255 2009 $585,807 2010 $607,897 2% $1,224,815 $1,272,297 $1,330,795 $1,333,899 $1,378,079 3% $1,918,366 $1,989,588 $2,077,334 $2,081,990 $2,148,260 Average CPA surcharge, with and without exemption Note: These surcharges would be imposed on top of the existing tax rate of $12.57 per $1000 property value. For Assessed Property Value of $300,000 Exemption $0 $100,000 Tax rate Surcharge per year 1% $38 $25 1.50% $57 $38 2.00% $75 $50 2.50% $94 $63 3.00% $113 $75 For Assessed Property Value of $500,000 Exemption $0 $100,000 Tax rate Surcharge per year 1% $63 $50 1.50% $94 $75 2.00% $126 $101 2.50% $157 $126 3.00% $189 $151 For Assessed Property Value of $700,000 Exemption $0 $100,000 Tax rate Surcharge per year 1% $88 $75 1.50% $132 $113 2.00% $176 $151 2.50% $220 $189 3.00% $264 $226 2 13 Other residential expenses: Residents face rising fees in other areas. The cost of water is estimated to increase 48 percent by 2010. Sewer costs may rise 34 percent. In addition, the Town's revolving funds for schools (lunch, athletic, use of property, drama) will likely rise. Potential projects for CPA funds: CPA revenues can be spent in these four areas: 1. Recreation 2. Open space 3. Historic resources and preservation 4. Affordable housing In many cases, spending on projects may meet the needs of two or more of these areas Examples of multi-use: A. Develop the northern Greenway for purposes of conservation; recreation, and historic preservation. B. Develop land used by the water treatment plant for new multipurpose ball fields and wetlands preservation. C. Purchase large tracts of land that could become available in future years on quick notice, such as Camp Cutis Guild (195 acres), the Haverhill Street Nike site (15 acres), or portions of Meadowbrook Country Club. Examples for recreation: A. Install synthetic turf on the field at Coolidge Middle School. B. Create a new playground at Imagination Station C. Fix the Wood End School lawn for public use. Examples for open space: 1. Purchase various wetlands, such as between Fairbanks Marsh and Bare Meadows, end of Fairchild Drive, between Sanborn Lane and Collins Ave, and west of Camp Rice Moody, and Lester Land. Examples for affordable housing: A. Assist the Reading Housing Authority in purchasing land or housing for new units, with the goal of 66 units per year for five years. B. Create a private-public partnership that would convert apartments in houses into affordable housing Examples for historic resources/preservation: A. Fund proper restoration of historic Town buildings B. Pay to convert the public records in the Town archives (historic maps, pictures, ancestry records, etc.) to the Internet for public use. C. Purchase easements on historic properties to preserve them for Town purposes. D. Restore historic gravestones and cemeteries, memorials, stones, etc. 3 (1 4 Example of another Town's CPA track record: Since 2002, Bedford has used its CPA for: • $150,000 to purchase a 16-acre parcel for wetlands and wells conservation, passive recreation, and wildlife protection. • $300,000for conservation land • $213,981 for cleaning Fawn Lake, • $4,200 for trail improvement • $131.940 to buy a duplex for affordable house • $161.200 for a Condo Buy-Down Program • $220,000 to support the Patriot Place affordable housing development. • $425,000 to support an affordable-housing development on town-owned land • $2 million to preserve the Old Town Hall and rehabilitate it for productive re-use. • $56,000 for preservation at historic Job Lane House. • $919,900 to rehab the historic portion of Town Center (Union School - built in 1891). • $125,000 to rehab a historic rail car in Depot Park • $10,000 a Town-wide Archaeological Survey. • $15,000 to set up a historic district • $50,000 to rehab the Old Burying Ground • $85,000 for a skate park • $12,000 to renovate a small playground • $69,000 trail improvements • $9,800 for bike paths • $230,000 to purchase a lot for parking near a recreation field. • $100,000 for tennis courts • $1,472,100 in improvements to Springs Brook Park • $112,000 to start redevelopment of Wilson Mill site • $651,000 for restoring historic house at 62 Old Billerica Road into affordable rental housing In the past seven years, 120 cities and towns have adopted the CPA - or more than one third of Massachusetts' communities. Many others, like Reading, are only now deciding whether to adopt the CPA after seeing the benefits already enjoyed by towns using CPA money By not joining the CPA earlier, Reading missed past opportunities to use state money for such projects as purchasing Spence Farm or Johnson Farm, increasing the percentage of affordable housing, or updating and improving recreational facilities. Raising the property tax for the sake of improvements to Reading may not be easy. The quality of the potential projects is high. But so will be the tax burden on many low- and fix- income homeowners. The voters can make their choice at the ballot box. End 4 (13 YE . OF T V( IN gHE I)X fv (please P _ ~ ~ t~~ tr 97 110 AO Reading: Fiscal Year 2007 Average Single Family Tax Bill: * Total Assessed Value Parcels Average Rate SF Tax Value Bill $29994,7599900 6487 $4619656 $12.07 $5572 Amount of tax generated by 6487 parcels=$36,145,564 ($5572x6487) CPA Amounts generated at different levels of surcharges: No Exemption $100,000 Exemption 1% $3619456 1% $283,170 1.5% 5429183 1.5% 4249755 2% 7229911 2% 5669339 2.5% 9039639 2.5% 7073,924 3% 190849367 3% 8499509 Average Surcharge per Single Family Home: No Exemption $100,000 Exemption 1% $55.72 1% 43.65 1.5% 83.58 1.5% 65.48 2% 111.44 2% 87.30 2.5% 139,30 2.5% 109.13 3% 167.16 3% 130.95 * Massachusetts Department of Revenue- Division of Local Services-Municipal Databank/Local Aid Section W j rr;k