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HomeMy WebLinkAbout2007-01-30 Board of Selectmen PacketDRAF'T' - February 26, 2007 Special Town Meeting WARRANT OUTLINE 01/26/2007 Art. # Article Description 4 5 Amending FY 2007 Budget Mover/ Moderator Sponsor Comment Notes Board of Selectmen Debt authorization - Downtown Board of Selectmen Improvement Program ■ Appropriating funding for Franklin Street sidewalks ■ Nurse Advocacy ■ Capital Street Boards, Committees, or Commissions. 12 Bylaw amendment - hours of Retail Board of Selectmen ° qa` 3 Amend Capital Improvement Board of Selectmen ° Prop,ram FY 2007 - FY 2011 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Mobil on the Run, 1330 Main Street The date of posting, being not less than fourteen (14) days prior to February 26, 2007, the date set for the Special Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Alan W. Ulrich, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk a~z SPECIAL TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road in said Reading, on Monday, February 26, 2007, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2007 - FY 2011, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 1.5 of the Warrant of the Annual Town Meeting of April 24, 2006, as amended under Article 5 of the November 13, 2006 Subsequent Town Meeting, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 5 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of paying the local share, or so-called "non-participating costs" of the downtown improvement project as approved 2 by the Board of Selectmen, to be bid and constructed by the Commonwealth of Massachusetts Highway Department, including the costs of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as maybe necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the Reading Zoning By-laws to establish an Employee Parking Overlay District by (a) adding a new section 2.2.10.1 Employee Off-Site Parking Lot, (b) amending Section 4.2.2. Table of Uses, to add the use of Employee Off-Site Parking Lot, (c) amending the Town of Reading Zoning Map to show the boundaries of said Overlay District, and (d) by adding a new Section 4.11 entitled Employee Parking Overlay District: Definitions: 2.2.10.1 Employee Off-Site Parking Lot: A parking lot situated in an Employee Parking Overlay District that is used exclusively for the parking of non-commercial motor vehicles used by the employees of a business that is located both in a Business B District and within 300 feet of that parking lot. 4.2.2. Table of Uses: PRINCIPAL USES RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Business and Service Uses Employee Off-Site Parking Lot SPP****** No No No No No No May be permitted in an S-15 District only within an Employee Parking Overlay District (EP District) and only with a special permit under section 4.11 from the CPDC. 4.11. EMPLOYEE PARKING OVERLAY DISTRICT 4.11.1 Purpose: The purpose of this section is to mitigate a severe parking shortage in the Business B District by providing for off-site parking in an Employee Parking Overlay District (EP District) for employees of businesses situated in the Business B District and to do so in a tightly controlled manner which provides adequate safeguards to minimize the impact of such employee parking on residential property. 4.11.2 EP District: Employee Parking Lot Overlay Districts ("EP District") shall take the form of overlay districts covering designated land in the S-15 residential district, 3 a Q' 1 but only as are applied to a specific parcel or parcels through a formal and proper amendment to the Reading Zoning Map. For any land within an EP District, an owner may choose to conform either to the zoning regulations which govern the underlying district or to the EP District overlay regulations and procedures set forth by this Section, whose specific provisions shall supersede all other provisions in the Zoning By-laws with respect to the underlying district including, without limitation, use, intensity, dimensional and parking; however, the provisions of any other overlay district shall continue to apply. Employee Parking Overlay Districts shall be overlaid only on designated portions of the S-15 residential district that directly abut and are within 100 feet of the Business B zoning district and which are specifically placed in the Employee Parking Overlay Districts by the specific action of the Town Meeting. Land that is separated from the Business B district boundary by a portion of a street or a railroad right of way shall not be considered to "directly abut" the Business B district for the purpose of this provision. 4.11.3 Special Permit for Employee Off-Site Parking Lot: The Community Planning and Development Commission (the "CPDC), as the Special Permit Granting Authority, shall have authority to grant a Special Permit to establish an Employee Off-Site Parking Lot ("EPL") within an EP District by a vote of at least four members of the five-member CPDC. The CPDC shall evaluate proposed EPL projects and require all such projects to conform to the Employee Off-Site Parking Lot requirements and standards set forth in Sections 4.11.5 to ensure the benefits to the Town of a proposed project outweigh any adverse impacts before granting a special permit. If a lot is used as an Employee Off-Site Parking Lot, no other principal use shall be located on that lot. 4.11.4 Special Permit Application: An owner who wishes to apply for a special permit to establish. an EPL shall submit an application to the CPDC. The application shall identify the business whose employees shall use the employee parking lot. The land included in the application may consist of more than one parcel, but all parcels must lie entirely within the EP District. The process shall conform to the requirements of law and Sections 7.3.1, 7.3.3 and 7.3.4. 4.11.5 Conditions, Requirements and Standards: The CPDC may grant a special permit to use a parcel within the EP District for an employee parking lot provided all of the following conditions are met to the satisfaction of the CPDC: a. The land must be void of any buildings both at the time when application is made for the special permit and during such time as the lot is used as an employee parking lot. b. The finished employee parking lot shall provide for surface or below ground parking and shall not contain any above ground parking structures. c. The lot must be within 300 feet distance from the business use that it serves. The CPDC shall impose conditions in any special permit to prevent the lot from being used by persons other than the employees of the business identified as the a~ user of the lot without permission from the CPDC and may establish a monitoring system at the expense of the parcel owner to assure compliance. d. The CPDC may limit.the number of parking spaces to 35 parking spaces per EPL or may limit the number of parking spaces to a lesser number if the EPL cannot reasonably and safely accommodate more spaces in the judgment of the CPDC. e. Parking on an employee parking lot cannot be used to meet any applicable zoning on-site minimum parking requirements of the business that it serves, but this shall not preclude a business from utilizing the provisions of section 6.1.1.1. if the business otherwise qualifies to use section 6.1.1.1. f. The parking lot shall be used only during the hours when the business that it serves is operating. g. Any fighting shall be controlled and directed so as not to shine into abutting property and shall be limited as to design and intensity to the satisfaction of the CPDC. Lot lighting will be turned off not later than the earlier of (i) 9:00 p.m. or (ii) when there are no employees working at the business that is using the lot closes. h. The entrance to the employee parking lot shall be gated to assure control as to the use of the lot in a manner satisfactory to the CPDC. i. The parking lot design shall be subject to site plan review by the Community Planning and Development Commission, which process may be held concurrently with the special permit process. j. The CPDC shall impose proper and adequate fencing or vegetative screening from abutting residential property k. Conditions shall be imposed to assure the ongoing maintenance and cleaning of the lot. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map to include within the Employee Parking Overlay District two parcels of land shown as parcels numbered 21 and 21a on Reading Assessors' Map 64, which land is situated on the Westerly side of Sanborn Street, in said Reading and being shown as Lot No. 48 on a plan of land in Reading, Surveyed by Edward Appleton for Rev. Peter Sanborn, dated April 1846. One of said lots is bounded and described as follows: Beginning at the Southeasterly corner thereof on said Sanborn Street, thence the boundary line runs: WESTERLY by land now or formerly of John A. Blunt, One Hundred Thirty- two (132) feet; thence 5 J cLia NORTHERLY by land now or formerly of Mitchell, Eighty-two and One-half (82 "/2) feet; thence EASTERLY by land of Dow, One Hundred Thirty-two (132) feet to Sanborn Street; and thence by said Sanborn Street, Eighty-two and One-half (82 '/2) feet to the point of beginning. The other parcel of land is also situated on the westerly side of said Sanborn Street, abuts the first parcel, and is bounded and described as follows: Beginning at an iron pipe on the Westerly side of Sanborn Street, at land now or formerly of Fred G. Fifield; thence the line runs: WESTERLY by land of said Fifield, One Hundred Thirty-four and 8/10 (134.8) feet; thence SOUTHERLY by land of Jacob Mitchell, Ten (10) feet; thence EASTERLY by land now or formerly of Zelia M. Kingman, One Hundred Thirty-four and 14/100 (134.14) feet; thence NORTHERLY by Sanborn Street, Ten (10) feet to the point of beginning. Said premises are shown as lot one on a "plan of Lots in Reading, Mass. belonging to Zelia M. Kingman", dated September 1916 by Clarence P. Carter, C.E., which plan is recorded in the Middlesex South District Registry of Deeds at the end of record Book 4988. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 8 To see if the Town will vote to amend the Reading Zoning By-Laws involving Planned Unit Development-Business (PUD-B), as follows. To add language to the end of Section 4.9.7.4.2.c so that it now reads: Parking/Loading. The parking and loading requirements contained in Section 6.1.1.3 shall apply. Parking spaces shall be at least 8.5 by 18 feet, with provision for larger spaces as required by the CPDC to accommodate short term parking, handicapped and larger vehicles. No parking shall be situated between the front of the building and the front lot line in a PUD-B development. To add language as a new subsection "I" in Section 4.9.5.6.3: . 1. Because parking is allowed in front of the building in a PUD-B development, the CPDC may allow building signage on both the front wall and on the wall of the building facing the parking lot. Or take any other action with respect thereto. Community Planning and Development Commission 6 a~~ ARTICLE 9 To see if the Town will vote to amend the Reading Zoning Map to include within the Planned Unit Development-Business (PUD-B) Overlay District a parcel of land shown as parcel number 14a on Reading Assessors' Map 11, which parcel is shown as Lot One (1) on a plan entitled, "Subdivision of Land in Reading, Mass. For Antonio J. and Alma V. Tambone," Dana F. Perkins and Sons, Inc. Civil Engineers and Surveyors, Reading, Mass. Dated April 11, 1955 and recorded in Middlesex South District Registry of Deeds in Book 8480, Page 359, and is further bounded and described as follows: SOUTHERLY: by South Street as shown on said plan eighty (80) feet; EASTERLY: by Lot 2 as shown on said plan and by land of Antonio J. Tambone and Alma V. Tambone as shown on said plan one hundred and forty-seven and 70/100 (147.70) feet; NORTHERLY: by land of Antonio J. Tambone and Alma V. Tambone and by land of Ten Hill Plumbing and Heating Co., Inc. as shown on said plan fifty-seven and 13/100 (57.13) feet; and WESTERLY: by land of Edward and Florence E. McIntire as shown on said plan one hundred forty-seven and 00/100 (147.00) feet. Containing 10,000 square feet of land more or less according to said plan. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 10 To see if the Town will vote to amend Zoning By-Laws Sections 4.9.6.2.h and 4.9.6.10 as follows: 4.9.6.2.h To encourage and promote the establishment of those uses permitted in Section 4.9.6.2(b) within portions of a PUD-R district that are within 300 feet of a Town boundary, no two-family dwellings, or multifamily dwellings shall be built pursuant to a PUD-R Special Permit on land that is within 300 feet of a Town boundary for a period of four years after the adoption of the Zoning By-Law placing such land within the PUD-R overlay district. 4.9.6.10 Affordable Housing: The intent of this section is to increase the supply of housing in the Town of Reading that is available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of the Town and to develop and maintain a satisfactory proportion of the Town's housing stock as affordable housing. Any PUD-R development shall provide within the Town of Reading, affordable housing units equal to ten percent of the total residential units in the PUD-R. For property within 300' of the municipal boundary if developed residentially, requisite affordable units shall be equal to twenty percent of the total residential units in this area. When the percentage P a8 calculation does not result in a whole number it shall be rounded to the nearest whole number. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 11 To see if the Town will vote to amend Article 3 of the General Bylaws, Town Offices and Officers, Section 3.4 Finance Committee, by inserting at the end of Section 3.4.6 the following sentence: This provision shall not apply to the appointment of a serve as a member of any ad hoc board, commission Reading or to any board, commission or committee Finance Committee shall serve in an ex officio capacity. Finance Committee member to n or committee in the Town of upon which a member of the Or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will rescind the entirety of Section 5.10 of General Bylaws of the Town of Reading, and replace it with the following: 5.10 Retail Sales 5.10.1 No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. 5.10.2 This Bylaw shall not apply to the retail or commercial operation of facilities operated by innholders and/or common victualers and/or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This Bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 a.m. 5.10.3 For the purposes of this Bylaw, facilities operated by innholders shall include, but not be limited to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment for which a license is required under Chapter 140 of the General Laws; the term facilities operated by a common victualler shall include a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common victualler's license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of Chapter 138 of the General Laws. 5.10.4 If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public necessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 a.m. and 6:00 8 aC." Of a.m. or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: (a) That the operation of the retail or commercial establishment during the night- time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; (b) That the operation of the retail or commercial establishment during the night- time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 5.10.5 The Board of Selectmen shall give public notice of any request whereby a retail or commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. or any portion thereof and shall hold a public hearing within thirty (30) days of receipt of any such request. 5.10.6 Any person violating any of the provisions of this Bylaw shall be punished by a fine of not more than Three Hundred Dollars ($300.00) for each offense, and in the case of continuing violation, every calendar day upon which such retail, or commercial operation or place of business shall remain open for retail business in violation of this Bylaw shall be considered a separate offense. Or take any other action with respect thereto. Board of Selectmen and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to February 26, 2007, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town,' or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 30th day of January, 2007. Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert SELECTMEN OF READING Alan W. Ulrich, Constable 100.. V 1 ^ ~ ae a~~e~dercta,L`aiseD ° mate apt o~~ X05 ?m7 JAN ` 19 AM 10* 47 a > ~C 20" MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MINORITY LEADER ROOM 124 TEL. (617) 722-2100 Rep. Brad IeyJones@hou.state.rria.us Mr. Benjamin Tafoya, Chairman Board of Selectman Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. Tafoya: January 11, 2007 Thank you for contacting me to express your concern with Governor Romney's 9C cuts relative to water and sewer debt relief. I appreciate your concern. As you may know, prior to his inauguration, Governor Patrick pledged that he would reverse Romney's reductions. As promised, Governor Patrick officially restored the full $383.6 million, including the water and sewer debt relief money. While I may not agree that all of the 9C cuts needed reversal, I was disappointed, though not surprised, that Governor Romney included a reduction of $25 million associated with water and sewer debt relief in his 9C cuts. As a member of the Massachusetts Water Resources Authority Caucus, I understand just how important these funds are. You might recall that I included the $25 million for water and sewer debt relief in my local aid resolution during last session. This figure was included in the final FY 2007 Budget, but Romney vetoed it. Fortunately, however, my colleagues and I overrode his veto and the money was restored for the FY 2007 Budget. I am glad that the money has been restored, but I understand that this figure is still not ideal. I believe that the first step we need to take to protect ratepayers is to maintain the $25 million figure in the FY 2008 Budget and search hard for other avenues to increase the figure if possible. Again, thank you for sharing your concerns. Should you have further questions or concerns on this or any 9ther matter, please feel free to contact me at your convenience. Sint . Bradl .Jones, Jr.. Nli ty Leader „ Mal-, a~~e~ue~erztattoe~ ~ a 41 SyB 20'n MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MINORITY LEADER ROOM 124 TEL. (617) 722-2100 Rep.BradleyJonesOhou.state.ma.us December 18, 2006 Peter Hechenbleikner, Town Administrator' 1.6 Lowell Street Reading, MA 01867:4, Dear Mr. 68 e The beginning of the year marks the start of a new two-year session of the General Court. The House and Senate currently are in the process of preparing for the new legislative session and looking forward to the opportunity to take on the plethora issues facing the people of the Commonwealth. I am sure you will agree it promises to be a very exciting and busy two years. Reflecting back over the past two years, I am proud of the work we have accomplished together on several local issues pertaining to the town. At the same time, I realize work continues on many other important issues facing the town and I am excited for the opportunity to continue advancing those causes as a member of the House of Representatives. As always, I want to begin the new session with your local priorities in mind. In order to ensure that we are focusing on the same goals, I would appreciate you sharing what you consider the town's top priorities to be before the close of the year. These ideas, whether they be financial, legislative, or otherwise, are extremely important to me. Please let me know if there is any way that I can be of assistance to you and the town. It would be especially helpful if you could send me a list of any such matters in the near future, either in writing, by e-mail, or by calling me here at the State House at your convenience. I look forward to hearing from you. Please do not ever hesitate to call me should ther&be any way I or a member of my staff can assist you. Sincer , Bradley H. Jones, Jr. Minority Leader w 44 % L l C&J 1.21 w O~IG.'1G O~~%LYBJG'/StC7.tLUG.1 state Xvde ~vadto~a, 02/~f '1054 fy a c e o^ ~ e 20"' MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MINORITY LEADER TEL. (617) 722-2100 Rep.BradleyJones©hou.state.ma.us www.bradjonesonline.com P.9 8 v January 18, 2007 Mr. Benedict Tafoya, Chairman na Board of Selectmen Town of Reading 16 Lowell Street a Reading, MA Eeryou r.~ Dear Mr. T La last suontacted me to express the Town of Reading's concerns about the construction of billboard advertising at the Reading Train Depot. I apologize for the delay in getting back to you, but I myself have been awaiting a response from the MBTA for quite some time which I only recently received. The MBTA's Marketing Director, Barbra Moulton, sent'me a formal response defending the MBTA's statutory right to bypass local approval in the construction of advertising billboards such as those in Reading. The letter proceeds to emphasize the MBTA's obligation to maximize non-fare revenue, which I appreciate. The letter also references litigation that relates to this type of disagreement which is presiding in Superior Court. Perhaps this litigation will create a favorable outcome for cities and towns. I have enclosed a copy of the response letter for your review. While the tone of Ms. Moulton's letter might dismay you, please be assured that I have taken the additional step of speaking personally with the General Manager of the MBTA, Daniel Grabauskas. Although unstated in the MBTA's response letter, I have obtained a commitment from Mr. Grabauskas that there will be no further billboard construction at the Reading Train Depot in the foreseeable future and that, should the need for more advertising arise again, he remains dedicated to making. a collaborative effort with the Town. To be clear, though, Mr. Grabauskas' informal promise does not represent a concession to the MBTA's statutory rights. Again, thank you for sharing the Town's concerns with me. Should you have further questions or concerns on this or any other matter, please feel free to contact me at your convenience. Enclosure Massachusetts Bay Transportation Authority Deval L. Patrick Timothy P. Murray Bel-hard Cohen Daniel A. Grabauskas Governor Lt. Governor Secretary and MBTA Chairman General Manager January 8, 2007 JAN 1 6 2007 BY : The. Honorable Bradley H. Jones, Jr. House Minority Leader Massachusetts House of Representatives State House - Room 124 Boston, MA 02133 Re: Outdoor Advertising at Reading MBTA Station Dear Representative Jones: I write in response to your letter, concerning the placement of commercial advertising signs at the MBTA commuter rail station in Reading. As you are aware, the Town of Reading has asked for an explanation as to why the MBTA has permitted the installation of those signs' at Reading Station, without first obtaining a permit from the Town of Reading. Simply put, the MBTA has not requested a permit from the Town of Reading for the placement of outdoor advertising at Reading Station because.the MBTA, which was created as a political sub- division of the Commonwealth of Massachusetts, is an independent governmental body that is legally exempt from local ordinances and regulations to the extent that the MBTA's activities are consistent with or "reasonably related" to its essential governmental functions. See, e.g., Town of Bourne v. Plante, 429 Mass. 329, 332 (1999). The MBTA is expressly authorized by state statute to "sell, lease or otherwise contract for advertising in or on the facilities" of the MBTA (see M.G.L. c. 161A, § 3(n)), and the MBTA has a long history of actually conducting or permitting commercial advertising on its property and equipment around the Commonwealth in the form of signs, placards and billboards. Since 2000, the MBTA also has been operating under a legislatively-mandated obligation to "maximize [e] [its] nontransportation revenues from all sources." See M.G.L. c. 161A, § 11. The non-transportation revenue from commercial advertising programs on MBTA property, such as the, signs at Reading Station, is used by the MBTA to help defray the costs of its operations. For Fiscal Year 2007, the MBTA currently anticipates generating approximately $12 million in badly-needed revenue from all of its commercial advertising activities. The MBTA recognizes that municipalities such as Reading have significant concerns regarding. advertising on MBTA property and facilities located in their communities. As you may know, Driven by Customer Service Massachusetts Bay Transportation Authority, Ten Park Plaza, Boston, MA 02 1 1 6-3974 the-MBTA already is a party to litigation in the Massachusetts Superior Courts addressing whether and to what extent these activities are subject to local control. We hope and expect that this litigation will be resolved sometime in the coming year. Thank you, in advance, for your cooperation and understanding in this matter. I invite you to contact me if you have additional questions or wish to discuss this subject further. Very truly yours, Barbara Moulton Director of Marketing % ~C;3 c1c V ~fr,~ty 6~RF~ ,~o ~yC 1'91..YiNG PomaF, EP1:1.Et..Y1Val.ilV ffi a ~o OFFICE OF T B E CMEF !s sq toRQlul 16 Union Street, Reading, Massachusetts 01867 .Tamed W. Cormier Emergency Only. 911 All Other Calls: 781-944-1212 Fax: 781-944-2893 Chief of Palice -Mail: JCormier@ei.reading.ma. us January 23, 2007 Dear Parents, The purpose of this letter is to inform you that the crossing guard post located at the intersection of Walnut Street and Old Farm Road will no longer be covered as of Friday, February 2, 2007. Unfortunately we have had several crossing guards suffer serious illnesses, which has resulted in a staffing shortage. Due to this staffing shortage we now have to discontinue covering this post, as well as the post located at the intersection of Lowell Street and Cape Cod Avenue. The Reading Police Department continually surveys crossing guard locations throughout town in order to determine their levels of activity. In the event that any future changes are made that affect posts in your area, a written notice will be sent to you prior to the actual change. We are actively pursuing permanent crossing guards, and alternate crossing guards who fill in when one of our permanent guards are away or ill. If you are interested in becoming a crossing guard, applications are accepted on a continuous basis and are available at Town Hall and the Police Department. Competitive wages start at $12.60 per hour; hours and locations vary. Sincerely, J s Cormier Chief of.Police 1( c Ltc L) THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF C . TELECOMMUNICATIONS & ENERGY Cable Television Division ORDER OF NOTICE CTV 06-3 hJ B v L r IV Comcast Cable Communications ("Comcast") is required to publish the attached legal notice, both by newspaper publication and by cablecasting. G. L. c. 166A, § 15; 207 C.M.R. § 6.05; see also 207 C.M.R. § 2.02. While our regulations require that legal= notice by newspaper publication be provided in two successive weeks, we are able to waives such regulations for good cause. 207 C.M.R. § 2.04. In order to allow appropriate time for intervening parties and the Cable Division to conduct discovery and develop the record, we find it appropriate to require that the first legal notice be provided at this time and the second legal notice be provided seven days prior to the hearing. Where the cable operator has cablecasting facilities within its. control, legal notice shall be cablecast at least twice a week, on separate days, during each of the two weeks preceding the hearing date at times most likely to reach the maximum viewing audience. Id. If the cable operator does not have cablecasting facilities within its control, it shall use its best efforts to cablecast the prescribed notice in conformance with the timeframe set forth above. Id. In addition, Comcast shall provide actual notice to any person who has filed a request for notice with the Company. . Comcast shall provide the Cable Television Division with proof of appropriate notice of the hearing five days prior to the hearing date. Id. Such proof shall include, at a minimum, a sworn statement that lists the newspaper(s) in which the legal notice appears for each community, the dates of newspaper publication, and the cablecast dates. Any proofs of publication and cablecasting as well as sworn statements will be entered into the record. By Order of the Cable Television Division Alicia C. Matthews, Director Date Issued: January 18, 2007 January 18, 2007 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION DEPARTMENT OF TELECOMMUNICATIONS & ENERGY Cable Television Division ONE SOUTH STATION BOSTON, MA 02110 Telephone: 617-305-3580 Facsimile: 617-478-2590 RE: Comcast Cable Communications. Docket Number CTV 06-3 Dear Issuing Authority: The Cable Television Division ("Cable Division") of the Department of Telecommunications and Energy will hold a public and evidentiary hearing, pursuant to G.L. c. 166A, § 15, and 207 C.M.R. § 6.03, to investigate the basic service tier programming, equipment and installation rates for all the affected communities in Massachusetts currently served by Comcast Cable Communications ("Comcast"). The hearing will be held on Tuesday, March 27, 2007, at our offices and is a formal hearing conducted under G.L. c. 30A and the Standard Adjudicatory Rules of Practice and Procedure at 801 C.M.R. § 1.00 et seq. Comcast, as the cable operator serving your community, is required to arrange for notice of the hearing, both by newspaper publication and by cablecasting. G.L. c. 166A, §15; 207 C.M.R. § 6.05. A copy of the hearing notice that was provided to Comcast for publication is enclosed for informational purposes. As the issuing authority for a municipality served by Comcast, you may want to participate.in this hearing. Please note that under Massachusetts regulations, issuing authorities are not automatically parties to rate proceedings. 801 C.M.R. § 1.01(9). While our proceedings allow for full public input from all interested persons, an interested person may participate as a party only if it files a petition to intervene and such petition is subsequently granted by the Cable Division. Id. The petition to intervene must state with specificity how the petitioner is substantially and specifically affected by the rate proceeding. Id. An issuing authority that is granted intervention status has the right to participate fully in the proceeding, including the right to cross-examine the cable operator's witnesses at the hearing, the right to receive all correspondence and documents provided by the cable operator to the Cable Division, and the right to appeal the Cable Division's Rate Order. An intervenor is also allowed to participate in discovery; for example, the intervenor may submit to the cable R9Y Docket Number CTV 06-3 Page 2 January 18, 2007 operator prior to the hearing written questions relating to the rate proceeding, which the cable operator is required to answer. A party that wishes to intervene and engage in discovery must file its petition to intervene not later than the close of business on Friday, February 9, 2007. If you have any questions or comments regarding the. hearing procedures, please contact me. Sincerely, Andrea Nixon Clerk of the Division cc: Cable Advisory Committee k~3 THE COMMONWEALTH OF MASSACHUSETTS DEPAR'T'MENT OF TELECOMMUNICATIONS & ENERGY Cable Television Division NOTICE OF PUBLIC HEARING ON CABLE TELEVISION RATES Comeast Cable* Communications Issued: January 18, 2006 The Cable Television Division ("Cable Division") of the Department of Telecommunications and Energy, pursuant to G.L. c. 166A, § 15, and 207 C.M.R. § 6.03, will hold a public and evidentiary hearing to investigate Comcast Cable Communications' ("Comcast") basic service tier programming, equipment and installation rates. The hearing will be held at the Cable. Division's offices, Hearing Room A, One South Station, Boston, Massachusetts, on Tuesday, March 27, 2007, at 10:00 A.M. At the hearing, the Cable Division will investigate Comcast's proposed basic service tier programming, equipment and installation rates which became effective February 1, 2007, for the communities in Massachusetts currently served by Comcast and subject to rate regulation. The matter is docketed as CTV 06-3, and is a formal adjudicatory proceeding conducted under G.L. c. 30A and 801 C.M.R. § 1.00 et seq. of the Standard Adjudicatory Rules of Practice and Procedure. Any person who desires to participate in the adjudicatory proceeding concerning Comcast's proposed basic service tier programming, equipment and installation rates must file a written petition for leave to intervene or to participate in the proceeding with Andrea Nixon, Clerk, Cable Television Division, Department of Telecommunications and Energy, One South Station, Boston, Massachusetts, 02110, not later than the close of,business on Friday, February 9, 2007. Such petition must satisfy the substantive requirements of 801 C.M.R. § 1.01(9). 1A 90/ THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS & ENERGY Cable Television Division NOTICE OF PUBLIC HEARING ON CABLE TELEVISION RATES Comcast Cable Communications Second Notice Issued: January 18, 2006 The Cable Television Division ("Cable Division") of the Department of Telecommunications and Energy, pursuant to G.L. c. 166A, § 15, and 207 C.M.R. § 6.03, will hold a public and evidentiary hearing to investigate Comcast Cable Communications' ("Comcast") basic service tier programming, equipment and installation rates. The hearing will be held at the Cable Division's offices, Hearing Room A, One South Station, Boston, Massachusetts, on Tuesday, March 27, 2007, at 10:00 A.M. At the hearing, the Cable Division will investigate Comcast's proposed basic service tier programming, equipment and installation rates which became effective February 1, 2007, for the communities in Massachusetts currently served by Comcast and subject to rate regulation. The matter is docketed as CTV 06-3, and is a formal adjudicatory proceeding conducted under G.L. c. 30A and 801 C.M.R. § 1.00 et seq. of the Standard Adjudicatory Rules of Practice and Procedure. Any person who desires to participate in the adjudicatory proceeding concerning Comcast's proposed basic service tier programming, equipment and installation rates must file a written petition for leave to intervene or to participate in the proceeding with Andrea Nixon, Clerk, Cable Television Division, Department of Telecommunications and Energy, One South Station, Boston, Massachusetts, 02110, not later than the close of business on Friday, February 9, 2007. Such petition must satisfy the substantive requirements of 801 C.M.R. § 1.01(9). 5 . ~A~ Page 1 of 2 Z-/c- G aS` Schena, Paula From: Hechenbleikner, Peter Sent: Monday, January 22, 2007 2:30 PM To: Schena, Paula Subject: FW: Health Insurance Rates L/C Board of Selectmen From: Hechenbleikner, Peter Sent: Monday, January 22, 2007 2:29 PM To., Reading - Selectmen Subject: FW: Health Insurance Rates We anted to let you know this good news. It doesn't close our budget gap but it certainly helps us close in on the baseline budget. Pete From: LeLacheur, Bob Sent: Monday, January 22, 2007 2:17 PM To: Schettini, Pat; Delai, Mary; andrew_grimes@cabot-corp.com; Robinson, Chuck Cc: Burns, Greg; Cormier, Jim; Hechenbleikner, Peter; LaPointe, Gail; LeLacheur, Bob; McIntire, Ted; Urell, Ruth;, Roberts, Carol Subject: FW: Health Insurance Rates Folks, Some good news on our health insurance for next year (prices are not going up 4 times faster than our revenues after all!). I will put the rates quoted below into the FY08 budget without further adjustments, although history suggests we may see increasing enrollment. Here is what this means for the three operating budgets, based upon the discussion at the recent Financial Forum: MUNICIPAL BUDGET $12,716,450 ($63,736 increase) SCHOOLS BUDGET $26,943,696 ($134,102 increase) BUILDINGS BUDGET $2,310,663 ($12,759 increase) Versus current FY07 budgets: MUNICIPAL BUDGET $12,716,450 ($257,226; +2.1 % increase) SCHOOLS BUDGET $26,943,696 ($638,783; +2.4% increase) BUILDINGS BUDGET $2,310,663 ($56,940; +2.5% increase) Versus baseline budgets: MUNICIPAL BUDGET $12,716,450 ($137,823; -1.1 % decrease) SCHOOLS BUDGET $26,943,696 ($387,557; -1.4% decrease) BUILDINGS BUDGET $2,310,663 ($33,038; -1.4% decrease) As I mentioned at the Financial Forum, I thought our actual would come in a bit below the 10% budgeted. I did not expect the news for us would be nearly this good! Please let me know if you have any questions. i 1/22/2007 Page 2 of 2 Thanks, Bob From: Roberts, Carol Sent: Monday, January 22, 2007 1:39 PM To: Antonio, Beth Ellen; Cloonan, Donna; Cloonan, Mike; Delai, Mary; Flaherty, Jack; Guarciariello, Roberta; Iapicca Pat; Iapicca, Pat; McCarthy, Tom; Percival, Ryan; Porter, Darlene; Price Peter; Quinlan, Stan-H; Rawcliffe, John; Santarpio, Paula; Schena, Paula; Stamatis, Dave; Vaccaro Sylvia (svaccaro@rmld.com) Cc: LeLacheur, Bob; Hechenbleikner, Peter Subject: Health Insurance Rates To members of the Insurance Advisory Committee, We were just informed today that the increase in health insurance rates for June 1, 2007 is 6.4%. This is the blended rate which means that rates would increase 6.4% on all programs (HMO Blue, Blue Care Elect Preferred and Medex 3). At the Insurance Advisory Committee Meeting on January 17, 2007 we decided to ask for some additional information from MIIA. We have also requested that they give us the unblended rate for each program. That means what would the increase in each program be based on its own claim experience, large losses, etc. We also requested information on offering a two person rate along with the individual and family rates. As soon as MIIA lets us know when the additional information will be available we will set up another Insurance Advisory Committee meeting. If you have any questions or comments about this information, please contact me. Carol B. Roberts Human Resources Administrator Town of Reading 16 Lowell St, Reading, MA 01867 Phone 781-942-6633 Fax 781-942-9037 z L 1/22/2007 Page 1 of 1 c f L )s Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Tuesday, January 23, 2007 4:06 PM To: Halloran, Michelle Subject: RE: For your review and comments-Walnut at Old Farm From: Halloran, Michelle Sent: Tuesday, January 23, 2007 2:32 PM To: Hechenbleikner, Peter Subject: For your review and comments-Walnut at Old Farm Sir-wanted to run this by you before I emailed it out to Mrs. Garbarino. She is the contract person for the Old Farm families. Mrs. Garbarino- I wanted to touch base with you about the crossing guard post located at Walnut Street and Old Farm Road. Unfortunately, we have had additional crossing guards leave our unit. We haven't been able to hire enough new guards to cover the shortage, and therefore we will not be able to cover the post as of Friday, February 2, 2007 until or unless we can get additional crossing guards..This staffing shortage also has led to an additional post in Town being discontinued. I dropped off a letter to the Joshua Eaton Elementary and Parker Middle School to be sent home with the students. Please be advised that we are still actively pursuing the hiring of crossing guards. If you, or anyone that you know is interested in becoming a crossing guard, applications are available at the Town Hall and the Police Station. Sincerely, Safety Officer Michelle Halloran Reading Police Department 1/23/2007