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Home My WebLink About2006-02-28 Board of Selectmen PacketMEMORANDUM OF AGREEMENT This agreement entered into this day of 2006, is by and between the TOWN OF READING, a municipal corporation (hereinafter referred to as the "Town") and the PUBLIC EMPLOYEE BARGAINING COMMITTEE of the Town, as created pursuant to M.G.L.c. 32B, section 19 (hereinafter referred to as the "Committee"). The Town and the Committee are hereinafter collectively referred to as the "Parties". RECITALS WHEREAS, the Town, on January 11, 2005, by vote of the Board of Selectman, adopted M.G.L.c. 32B, Section 19; and WHEREAS, representatives of each collective bargaining unit of the Town and a duly appointed retiree representative have joined together to form the Committee as provided for in M.G.L.c. 32B, Section 19; and WHEREAS, the Committee has agreed to enter into negotiations with the Town to bargain over changes in the health insurance plans as offered by the Town pursuant to M.G.L.c. 32B as amended; NOW THEREFORE, the parties agree as follows: The purpose of this agreement is to establish a process of bargaining over cost sharing between the Town and the Committee for the group health insurance benefits that are offered by the Town to its employees, retirees, and survivors (hereinafter referred to collectively as "subscribers"); it is agreed by the parties that the negotiations conducted hereunder are to be subject to M.G.L.c. 32B, Section 19 and that any such agreement reached hereunder shall be in compliance therewith and that any disputes shall be subject to said law. 2. The Town's health insurance plan is provided to Subscribers. Prior to the date of expiration of the attached agreement the Town and the Committee agree to bargain as to the successor agreement pursuant to the provisions of MGL c. 32B Section 19 of the Massachusetts General Laws. If no agreement is reached by the renewal date of the insurance plan, subject to mutual extension by the Town and the Committee, then the existing agreement shall be continued for an additional year. The intent of this section is to ensure that there is no lapse in health insurance coverage for subscribers. The Town may periodically bid or otherwise solicit competitive quotes for the Town's health insurance program. 4. The Town may from time to time and at its cost, hire an insurance consultant to review and make recommendations to the Town on any and all proposals for group health insurance benefits submitted pursuant to this agreement. If the Town hires a consultant the Town and the Committee agree as follows: (a) Any expense incurred in the hiring of a consultant to perform the duties as described below shall be borne by the Town. No part of the cost incurred by the Town under this subsection shall be passed on to the employee's share of the cost of group health insurance benefits offered to the Town's subscribers. / a / .4 (b) The Town will involve members of the Committee in selecting a consultant. It is the intent of the Town to secure the services of an independent consultant who has no financial or other relationship with any potential bidder for the Town's insurance. The Town will disclose to the Committee if there are any financial matters and interest that the consultant may have in any bidder or potential bidder for the Town's insurance program. (c) The Town will share information generated by the Consultant with the Committee. 5. Meetings and/or bargaining sessions of the Town and the Committee will be scheduled as far in advance as possible, but not less than 72 hours before a meeting unless there is an emergency that requires shorter notice. Notice will be by email, phone call, or in writing - in whatever manner each member of the cornmittee designates as most likely to provide adequate notice. Meetings will be scheduled at mutually agreeable times. Employees who are scheduled to work during the time a meeting is scheduled, will be given time off to attend the meeting. Such time off is subject to reasonable restriction by the employer if circumstances require the employee's attendance to duty at the time that a meeting is scheduled. 6. Whenever legal notice is required to be given under the terms and conditions of this agreement it shall be deemed properly given when such notice has been mailed first class mail, postage prepaid: to the Town: Town Manager Town Hall 16 Lowell Street Reading, Ma 01867 and to the Committee: Committee Chairman Address to be provided annually Either party may designate another to receive notice hereunder by notifying the other party in writing of the change in designation. 7. It is the intention of the Parties that this agreement shall serve to define the responsibilities and obligations of the Parties. The provisions of this agreement shall remain as an independent contract between the Parties and shall be binding upon the Parties. 8. The actual arrangement between the Town and the Committee relative to cost sharing of subscriber health insurance costs is a separate agreement which will be negotiated from time to time as it expires. l~,~ Bargaining Unit: Board of Selectmen: Reading Teachers Association Camille Anthony Chairman Reading Secretaries Association Reading Educational Assistants Association Reading Cafeteria Employees, AFSCME, Local 1703 Reading Professional School Nurses, Teamsters Local Union No.25 Reading Custodians and Maintenance. Employees, Locall 703 Public Works, AFSCME, Council 93, AFL-CIO Local 1703 Engineers and Water Treatment Plant, AFSCME, Local 1703, Sub-local 038 International Association of Firefighters, AFL-CIO Local 1640 Reading Police Superior Officer's Association - I.B.P.O. Reading Patrolman's Association, Mass Cop Local No. 191 Reading Public Safety Dispatchers, Mass Cop Local No.191A Line-Meter-Station Unit, AFL-CIO Council No. 93, Local No. 1703 International Brotherhood of Electrical Workers AFL-CIO, Local No. 103 RMLD Clerical-Technical Unit, AFL-CIO, Council No. 93, Local 1703 Retiree Representative Board of Selectmen Tracking Loa for Current Issues/Projects Date Issue/Project/ Identified Problem Resp. Select.. Action Needed Follow-up Dept. Liaison Date Traffic Issues Policy on Detours Ash Street at Main uevelop a comprehensive traffic study for the Woburn Street, High Street, Lowell Street, Main 11/29/05 Street area I ne I own should have an extablished policy on detours per Chief Cormeri's memo uaevelop a process to acquire land and build new connection directly between Ash and Main Street, eliminating the grade crossing Twn. Mgr. Anthony Twn. Mgr. Anthony Engineerin g Bonazoli Develop a draft as a Board of Selectmen policy, or as a TM working procedure 03/31/06 113105 Grove Street 3 acciaents in recent montns - can we get 3 way stop at Forest, andtor 25 MPH speed limit 2123/2006 1 Contact new property owner; work with MBTA Police Bonazoli Review with PTTF 12/31/05 12/31/06 03/31106 yR( Board of Selectmen Tracking) Loci for Current issues/Protects Date Issue/Project/ Identified Problem Resp. Select. Action Needed Follow-up Dept. Liaison Date Development Protects Uvernow of detention basin - flooding has occurred in neighborhood during severe Follow up with developer; hire 1/1/90 Gazebo Circle storms Engineer Bonazoli F consultant 12/31/05 Helease of State Funds - State has funded in previous 1/1/00 Pitman Bike Path park/recreation bond bill Planner Tafoya S Need for Town to access funds 06/30/06 ranic study submitted a-14-uo; Peer review complete by early October; Then schedule Board of Selectmen meeting with notice to 11/15/2005 1/1/05 Addison Wesley Complete Traffic Presentation - Planner Tafoya T public and 12-6-05 Antnony I own has hired a lighting Lighting has impacted neighbors and consultant. Report to the Board of Jordan's Furniture due to height of fixtures Town Mgr. Bonazoli LI Selectmen 11/01/05 Status of 100% design 100 % Design October 14. MHD submission and approval; review. ENF submission. Tree determination of what if any items Hearings. Bidding. Construction 1/1/85 Downtown improvemen will not be funded by the State Engineer Anthony April 2006. 04/15/06 uecide a location for the vv ater Treatment Plant, or whether to buy in to MW RA in total for water Review cost and benefot of plant W ater Treatment Plant supply DPW Bonazoli location or full MW RA buy-in 02128/06 ?raft regulations; meet with Downtown Parking lack of parking PTTF Tafoya businesses; hold hearing 12/31/05 Monitor and advocate for Reading's interest in keeping any improvements to the interchange Rt. 128/1-93 Interchange to a low impact for Reading Imagination Station 1-93 Containment Needs to be refurbished riow do we avoid another gasoline spill impact on Reading's wellfields 75 Pleasant Street Anthony & Schubert Recreation Bonazoli DPW Bonazoli RHA wants to demolish historical Town house Manager Tafoya Try to estaolish a citizens committee to take this on consultant presentation to the Board of Selectmen on 10-18-05; follow up 2-17-06 NMA given the "go ahead" by the Board of Selectmen to build 4 units - house to be resolved at later date. RHA to develop paperwork for land swap, ongoing 06/30/06 02107106 12/01/05 q Az 2123/2006 2 Hre & Town Write draft regulations for the 4/1/04 Petroleum Bylaw Regulations to be formulated Counsel Duffy H Board of Selectmen to consider 03/31106, BOS delegated approval of stop Criteria and Plan need to be 1 Stop Signs signs to Town Manager PTTF Anthony developed 03/31106 Town Find heirs and get approval or file Memorial Park Controversy over allowed uses Counsel Anthony a petition for a Cy Pres 11/01/05 bevelop draft bylaw; dratted - to be included on the ATM Dogs Regulations Re: Dog Bites Health Anthony warrant 02128106 Currently only regulated by CPDC - if Police are to Town Develop draft bylaw for Board Hours of Constructlol enforce, it needs a bylaw Manager Tafoya of Selectmen hearing 01131106 Hearing to get public input. Consideration of Bylaw requiring Hearing held 1-3-06 - to be placed 9/9/05 Solicitors registration of solicitors Police Duffy on 2006 ATM warrant 02/28/06 Mandate landscaping Should the Town develop a bylaw 9/20/05 to save water or subdivision regulations Planning Tafoya 01/01/06 Review semments-en seetien 5 and 6 a nd4nedify=aise-establish Update of-Beard-ef- policies en lesal preference af- Town 9/-27-10.5 SeleGtFnen peAsies afferdable-hGWSiag. ManageF Anthen x/81/85_ Develop an Economic Master Plan will recommend an Development Economic Development Establish by bylaw or Board of Commission Commission Planner Tafoya Selectmen Police 03/01106 rolicy on Board of Selectmen appointments - Town Accountant Tafoya uevelop a process for addrssing the issue of dealing with "lost" "lost" dogs on dogs when the ACO is not Chief 11/1/05 weekends available Cormier Duffy Develop procedure 03/31/06 Srabstanee Abuse r file se Town 4W43/05 Summo alsehelabuse ManageF Anthen semmitte9 12131185 Tewn ManageF Reyise feFFn and get 139 Fd-ef- Antheny- and- 4V=l/9 Evaaluatien Selectmen input ~6Fia~ell 12/29185_ Set up meeting at Board of Town 11/3/06 DEP re Water Supply Selectmen or at DEP Offices Manager Anthony Set up meeting 01/31/06 2/23/2006 3 Board of Selectmen Trackinq Loq for Current Issues/Proiects Date Issue/Project/ Identified Problem Resp. Select. Action Needed Follow-up Dept. Liaison Date Citizen Complaints Review With H 1 1 t- - letter sent to Crosswalk - Summer Town abutter saying that we would keep Ave. at Fairview Abutter doesn't want it anymore Manager Anthony the crosswalk in place. 12/31/05 va'1 212312006 April 24 2006 Annual Town Meeting DRAFT WARRANT OUTLINE 02/24/2006 Art. Mover/ # Article Description Sponsor Comment Moderator Notes I ~ I',~CCTII)11 ~ tvfl IJ ~W, IBC~I"~Nvx~!.I~~ l~;:a:, 2 ~ I`cport~ Ii_,aril ~~I S~Ic~:tmcn ' In~trueti~,nti ~1~~] u~l ~>f ti~l~ctm~n 4 Amend Capital Improvement Board of Selectmen Verizon finds Program FY 2006 - FY 2015 j f fn S. _ ~ 1,., ~ e..~..._.L...;...i,~t - ~.3.,..,.i:~-n.r~.., Y la 4 ~~.r .~~~.i...,.z1.,~1,..L...urn~.iiaGu~wn 5 Approve payment of Prior Year's Board of Selectmen • bills 6 Amend the FY 2006 Budget Board of Selectmen ■ Appropriating proceeds from legal settlement to Water budget ■ Appropriating Verizon funds for capital f p 7 Approving FY 2007 - 2016 Capital Board of Selectmen Improvements Program 8 Establish Storm Water Board of Selectmen ° Management Enterprise fund 9 Permits Coordinator Revolving Board of Selectmen ° fund v4 17 10 Transferring funds - Barrows to School Committee ° RMHS 1 I GUIV(2rt - RNII IS sdwol C(1]111111ttC:c M r k -L- L 12 Authorizing disposition of surplus Board of Selectmen tangible property 13 1 Health Mutual Aid agreement Board of Health 1 ` Ai q- I„y": F -:!g- ..~N..- u,_1'At L: ,•.E",.11.'.mt s~~~~i~ I~u1' , ri a4~i ;I'~'-Y ~ J' ~~~l i ...y;~` ,~~4 ,i k' !r ,f ~ t„ _.3 s, It iYi ~ ~..;F ~ry I a ~ ! 7%~L,~1.(~~„~~.~~ A ~'~r ut~G" t~i'V $ ~ n, , "i -~5ak~~:;!~3~ ~ § - . J• 14 Authorizing debt and Board of Selectmen ° Appropriating Chapter 90 funds ` 15 Appropriation of contributions Board of Selectmen • Inwood Park from Developers for various prof ects 1, yggy f i ,•.v,l~~u r f _I •}7 l.lfulti_=-t ~Y F ~l [t i f 16 Authorizing Revolving funds Board of Selectmen • Conservation ■ Composting ■ Inspections -77 77 17 Acceptance of Special Retirement Contributory ' . benefit to Veterans on disability Retirement Board f - A1)pl ()l Inl' the 1 200 Mulf'ct ~ 1 INC UN1 ' 19 Vacate Easement - 98 Hartshorne Board of Selectmen 20 Sewer Betterment - Franldin Board of Selectmen Terrace 21 Authorizing debt for the Board of Selectmen acquisition of land - north Main Street 22 Strut,Acccptanccs dam \\~Lt ILA )~11-d 01SClcctn7cn L u)~l swap George Street lBoard of Selectmen 24 Bylaw Amendment - Animal Board of Selectmen ' Control _ 25 Bylaw amendment - Hours of Board of Selectmen ' construction Y 26 Bylaw Amendment - regulating Board of Selectmen ' door to door solicitors , ° yl , t 7 27 Amendment to Demolition Delay Historical Commission ' bylaw )4 l 28 Zoning Bylaw amendment re CPDC ' Accessory Apartments 29 Amendment to Zoning Bylaw - Petition ' Addison Wesley property 30 Removal of Town Meeting Board of Selectmen ' members ~ 2- - 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 April 4, 2006, the date set for the Local Election in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Corey W. Porter, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk 1 L~-~3 TOWN WARRANT (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 in the following place designated for the eight precincts in said Town, namely: Precincts 1.2. 3.4. 5. 6. 7 and 8 Addison-Weslev/Lonaman. One Jacob Wav TUESDAY, the FOURTH DAY OF APRIL, A.D., 2006 from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz: ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; One member of the Board of Selectmen for three years; one member for one year; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; and sixty nine Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; Precinct 2 Eight members for three years; one member for two years; one member for one year; Precinct 3 Eight members for three years; two members for one year; Precinct 4 Eight members for three years; one member for two years; one member for one year; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; Precinct 8 Eight members for three years. Question 1 Shall the Town of Reading approve the amendments to Article 4 of the Reading Home Rule Charter, proposed by the Reading Town Meeting, which will take effect on July 1, 2006 and which is summarized below: Article 22 - Zonina Board of Aogeals Membership 2 q4 Section 4-4 Board of Appeals There shall be a Board of Appeals consisting of members appointed by the Board of Selectmen arranged that as near an equal number of terms year. 5 members and 2 associate for three (3) year terms so as possible shall expire each The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by Town Meeting vote. YES a NO 0 and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-FOURTH DAY OF APRIL A.D., 2006 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 2 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, Town Manager and any other Official, Board, or Special Committee. Board of Selectmen ARTICLE 3 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 vote to appropriate by borrowing or transfer from available funds, or otherwise, 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 4 To see if the Town will vote to amend the FY 2006 - FY 2015 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen 3 y,& s ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year 2006 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the Warrant of the Annual Town Meeting of April 25, 2005, as amended under Article 5 of the November 14 2005 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 7 To see if the Town will vote to approve the FY 2007 - FY 2016 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 8 To see if the Town will vote to accept the provisions of Chapter 44, Section 53FY2 of the Massachusetts General Laws establishing the Town's Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will accept Chapter 43D Section 1 of the Massachusetts General Laws ARTICLE 10 To see if the Town will vote to transfer and appropriate funds from the Barrows School project as authorized by vote under Article 5 of the Warrant for the Special Town, Meeting of December 7, 1998, Article 12 of the Warrant for the Annual Town Meeting of April 24, 2000, and Article 13 of the Annual Town Meeting on April 26, 2004; to the Reading Memorial High School project as approved under Article 5 of the January 13, 2003 Special Town Meeting for the purpose of making extraordinary repairs and/or additions to the Reading Memorial High School at 62 Oakland Road, including the costs of engineering and architectural fees, plans, documents, cost estimates, and related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the School Committee, or take any other action with respect thereto. School Committee ARTICLE 11 To see if the Town will vote to appropriate by borrowing, pursuant to Chapter 44 Sections 7(3) and 7(3A) of the Massachusetts General Laws or any other enabling authority, the sum of three hundred eighty thousand dollars ($380,000), for the purpose of making extraordinary repairs and/or additions to the Reading Memorial High q4 6 School at 62 Oakland Road, including the costs of engineering and architectural fees, plans, documents, cost estimates, and related expenses incidental thereto and necessary in connection with the project. Said sum to be expended by and under the direction of the School Committee, or take any other action with respect thereto. School Committee ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will, in accordance with G.L. c. 40, section 4A, authorize the Town Manager on behalf of the Board of Health to enter into an inter- municipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Inter- Municipal Mutual Aid Agreement to be entered into between the Town and various governmental units, or take any other action relative thereto. Board of Selectmen ARTICLE 14 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: o Johnson Farms o Archstone Development o Inwood Park in Woburn For purposes including but not limited to street design, road improvements, sidewalk and curb improvements, trail improvements, water and sewer improvements, or any other related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see what sums the Town will vote to appropriate to establish revolving funds under Chapter 44, Section 53EY2 for any or all of the following purposes: o. Using the receipts generated through the sale of compost and recycling bins to purchase additional compost and/or recycling bins, said expenditures to be administered by the Public Works Director; Administering the consultant fee provision of the Reading General Bylaws Section 5.7, Wetland Protection, said expenditures to be administered by the Conservation Commission; e Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring and other permits for the Archstone Development, the Johnson Woods Development and/or the Addison Wesley Development to pay the costs of legal expenses, oversight and inspection, plan review, initial property value appraisal and appeals, and other administrative expenses related to those developments; and for the construction of curb, sidewalks, and other pedestrian safety improvements; said expenditures to be administered by the Town Manager, and to determine the total amount of expenditures during Fiscal Year 2006 which may be made from each such fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to accept Section 1 of Chapter 157 of the Acts of 2005 that provides accidental disability retirees who are veterans with an additional yearly retirement allowance of $15 for each year of creditable service with the total of this additional retirement allowance not to exceed $300 annually, or take any other action with respect thereto. Contributory Retirement Board ARTICLE 18 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2006 beginning July 1, 2005, or take any other action with respect thereto. Finance Committee ARTICLE 19 Vacate Easement - Hartshorn ARTICLE 20 Sewer Betterment - Franklin Terrace ARTICLE 21 Authorize debt to acquire land - north Main Street ARTICLE 22 To see if the Town of Reading will vote to accept the report of the Board of Selectmen upon the laying out as public ways the following described private ways under the provision of law authorizing the assessment of betterments, such ways being laid out in accordance with plans duly approved by the Board of Selectmen; and authorized the Board of Selectmen to take such ways under the provision of law authorizing the assessment of betterment's, in fee or rights of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights of easement therein by purchase, gift or otherwise and to assess betterment's therefore, the plans and descriptions for such ways being filed in the Office of the Town Clerk in accordance with the statutory requirements; and to see what sum the Town will vote to appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the acquisition of said lands or easements 6 4-~ 8 therein or for payment of any eminent domain damages and for the construction of said ways, or take any other action with respect thereto. ■ Adam Way Board of Selectmen ARTICLE 23 To see if the Town will authorize the Board of Selectmen to transfer lands of the Town including portions of George Street in excess of a 40' wide right of way to an'abutting property owner or owners; and further to see if the Town will vote to discontinue the portion of George Street to be so transferred; and to see if the Town will authorize the Board of Selectmen to accept from an abutting property owner or owners, portions of private property to establish a right of way on George Street of not less than 40'; and to see if the Town will vote to accept the additional portion of George street as a public way; all actions under such terms and conditions as the Board of Selectmen may determine, or to take any other action with respect thereto, Board of Selectmen ARTICLE 24 To see if the Town will vote to rescind the entirety of Article 5.6 of the General Bylaws, and replace it with the following, or take any other action with respect thereto: ANIMAL CONTROL BYLAW 5.6.1 -Definitions As used in this By-Law, the following words and terms have the following meanings: 5.6.1.1 ACO The Animal Control Officer. 5.6.1.2 Banishment An order by the Animal Control Appeals Committee (ACAC) that a vicious dog may no longer reside or visit in the Town of Reading. 5.6.1.3 Destruction An order by the Animal Control Appeals Committee (ACAC) that a vicious dog be destroyed in accordance with Massachusetts General Laws Chapter 140 and Massachusetts Society for the Prevention of Cruelty to Animals guidelines. 5.6.1.4 Effective voice control - To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 5.6.1.5 Keeper Any person having charge of an animal within the Town of Reading, including but not limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. 5.6.1.6 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, sale, training, hunting, companionship, or any other purpose. 5.6.1.7 Kennel license A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 5.6.1.8 License A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 5.6.1.9 License, transfer The registration issued to a dog already licensed in another US jurisdiction, after the dog moves into the Town of Reading. 5.6.1.10 License period Annually, from January 1St through December 31St 5.6.1.11 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 5.6.1.12 Nuisance dog A dog that repeatedly violates Section 5.6.5 of this By-Law. 5.6.1.13 Permanent restraint - An order issued by the Animal Control Appeals Committee under Section , requiring a vicious dog's keeper to restrain it. 5.6.1.14 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 5.6.1.15 Running at large . A dog is running at large if it is not on the private property of its keeper., or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 5.6.1.16 Temporary restraint An order issued by the ACO under Section 5.6.3.2(4), requiring the dog's keeper to restrain a nuisance dog or suspected vicious dog for 30 days. 5.6.1.17 Vicious dog A dog that, without provocation, bites a human being or kills or maims a domestic animal without provocation. 5.6.1.18 Any word or term defined in Massachusetts General Law Chapter 140, Section 136A, and not otherwise defined here, is incorporated by reference. 5.6.2 VACCINATION. LICENSING. AND FEES 5.6.2.1 Three or fewer dogs. 5.6.2.1.1 License .and vaccination requirements. All dogs six months and older, while residing in the Town of Reading, must have a license. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. 5.6.2.1.2 New dogs. Within 30 days of acquiring a dog 6 months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 5.6.2.1.3 New puppies. Within 6 months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 5.6.2.1.4 New residents. A new resident who owns a dog 6 months of age or older must license it within 30 days after moving into Reading. The Town Clerk will issue each dog a transfer license, upon the owner's surrender of a current license from another US jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. 5.6.2.1.5 Lost tags/replacement tags. Dog owners must replace a lost tag within three business days of the loss, by obtaining a replacement tag from the Town Clerk. 5.6.2.1.6 Tag exemptions for dog events and medical reasons. (1) A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for inspection by the ACO. (2) When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt until it recovers from the requirement that its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. 5.6.2.1.7 Annual renewal. Dog owners must renew each dog license annually. The . annual licensing period runs from January 1st through December 31ST 5.6.2.1.8 License due date/late fee. The application form for obtaining, renewing, or transferring a license shall be available to each household no later than December 31st each year. Dog owners must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Saturday, Sunday, or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to Massachusetts General Laws Chapter 40Section 58. 5.6.2.1.9. License fees. The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and not neutered or non-spayed dogs. The fee for neutered or spayed dogs'shall be less than the fee for non- neutered or non-spayed dogs. 5.6.2.2 Four or more dons. 5.6.2.2.1 License and vaccination requirements. Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee must present proof of current rabies vaccinations for each dog in the kennel older than six months. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. 5.6.2.2.2 New dogs and new puppies. The kennel licensee must report to the Town Clerk each new dog in the kennel within 30 days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 5.6.2.2.3 Application process. Every applicant for a new kennel license must first obtain Zoning approval as required by the Reading Zoning Bylaws prior to submitting an application to the Town Clerk on a form prescribed by the Clerk. 5.6.2.2.4. Inspection process. Before the Town Clerk can issue the kennel license, the Health Division animal inspector must inspect the proposed kennel, file a 9 y.,fir~ report on the inspection, and favorably recommend that the kennel meets all the following requirements: (1) The location of the kennel is appropriate for housing multiple dogs. (2) The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. (3) The area provided for housing, feeding, and exercising dogs is no closer than 20 feet to any lot line. (4) The area provided for housing, feeding, and exercising dogs is no closer than 50 feet to any existing dwelling on an abutting lot. (5) The kennel will be operating in a safe, sanitary, and humane condition. (6) Records of the numbers and identities of the dogs are properly kept. (7) The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. 5.6.2.2.5 Periodic inspections. Before a kennel license is renewed, and at any time they believe it necessary, the ACO and or the Health Division may inspect any kennel. If the ACO or the Health Division determine that it is not being maintained in a safe, sanitary, and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. 5.6.2.2.6. Kennel review hearings. Within 7 business days after receiving the ACO's report of violations the ACAC will notify all interested parties of a public hearing to be held within 14 days after the notice date. Within 7 business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance or otherwise regulate the kennel. (1) Any person maintaining a kennel after the kennel license has been denied, revoked, or suspended will be subject to the penalties in Section 5.6.7 of this By-Law. 5.6.2.2.7. Annual renewal. Each kennel licensee must renew the license annually, at the Town Clerk's Office. The annual licensing period runs from January 1St to December 31St 5.6.2.2.8. License due date. Kennel license renewal forms will be sent to each licensed kennel, no later than December 1St each year. Kennel licensees must return forms and fees to the Town Clerk by January 15th (or the first business day thereafter, if the 15th falls on Saturday, Sunday, or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be, added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to Massachusetts General Laws Chapter 40, Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town o f Reading. 5.6.2.2.9 Fees. The fees for licensing each kennel shall be established by the Board of Selectmen. 5.6.2.2.10 Incorporation. The following provisions of Massachusetts General Laws Chapter 140 are expressly incorporated herein: Section 1376-Sale or other delivery of unlicensed dog by kennel licensee; Section 137D-Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A-Importation of dogs and cats for commercial resale, etc. 5.6.3 CONDUCT OF ANIMALS 5.6.3.1 Endangering safety. No animal keeper shall allow its animal to bite, menace, or threaten, all without provocation, so as to endanger the safety of any person. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 5.6.3.2. Disturbing the peace. No animal keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling for a period of time exceeding 15 minutes. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 5.6.3.3. Damaging property. No animal keeper shall allow the animal to damage public or private property or realty. 5.6.3.4 Running at large. When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. (1) Voice control (in place of leash control) allowed. A dog may be under voice control when within the Town Forest or on Conservation lands.. (2) Public gatherings -leash control only. An animal may be at any public gathering not otherwise specified in this By-Law only if it is on a 6-foot or shorter leash and the animal must refrain from illegal activities. (3) School grounds-animals not allowed during school/leash control only at other times. Unless the school principal gives permission in advance, no animal may be on school grounds from 30 minutes before classes begin until 30 minutes after classes end. At all other times, the animal may be on school grounds only if it is on a 6-foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. (4) Exception for assistance animals (service animals). Section 5.6.5.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 5.6.3.5 Chasing. No animal keeper shall allow the animal to chase a person, motor- powered vehicle, human-powered vehicle, or animal drawing or carrying a person. 5.6.3.6 Dog litter. Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission,. This provision does not apply to any assistance dog or service dog while it is performing its duties. 5.6.4 ANIMAL CONTROL OFFICER 5.6.4.1. Appointment. The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of Massachusetts General Laws Chapter 140, Sections 151 and 151A to carry out the provisions of this By-Law and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 5.6.4.2 Duties. The ACO's duties shall include but not be limited to the following: 11 g113t, (1) Enforcement of the Town of Reading by-laws and relevant state regulations... (2) Explanation of By-Law violations. (3) Notification to the owner of Unlicensed dogs. (4) Issuance of Temporary restraint orders. The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a decision under Section 5.6.6 as to whether it is vicious. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a 6-foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than 30 days unless the ACO renews it in writing for subsequent 30- day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 5.6.5.2 to rescind the order of temporary restraint. (a) Nuisance animal. An animal is a nuisance if it repeatedly violates any subsection of Section 5.6.3, particularly if it continues to chase motor vehicles, pedal vehicles, or animals carrying or drawing a person, or continues to damage property after its keeper has been fined for the animal running at large. (b) Awaiting a decision on a vicious animal hearing. The ACO must order an animal restrained and (when off the keeper's property) muzzled pending the outcome of a vicious animal hearing under Section 5.6.6.2. (6) Issue an order of Confinement. The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this By-Law. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's expense.. (7) Complaint resolution. The ACO shall investigate all complaints arising within the Town pertaining to violations of this By-Law and try to mediate disputes between Town residents pertaining to the behavior of an animal maintained or located within the Town. If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. (8) Recordkeeping. The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 5.6.5 ANIMAL CONTROL APPEALS COMMITTEE IACACI 5.6.5.1 Composition of the ACAC. The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three-year overlapping terms by the Board of Selectmen. The 12 q,~Iq- ACAC will annually select a member to serve as the chair. At least one of the three members must be a dog owner. 5.6.5.2 Right to appeal. When the Animal Control Officer has investigated a complaint regarding an animal's behavior and has issued a finding or an order of temporary restraint with which either the animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within 10 business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within 14 days, at which the dog owner, the complainant, and the ACO must appear. 5.6.5.3. Findings and further appeals. The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three business days after the public hearing. 5.6.5.4 Hearings vicious dogs. The ACAC shall hold public hearings and make decisions on any vicious dog declaration under Section 5.6.6. 5.6.5.5 Further Appeals. An appeal from a decision of the ACAC may be made by either the Owner or Complainant pursuant to the provisions of M.G.L. Chapter 30A. 5.6.6 VICIOUS DOGS 5.6.6.1 Declaring a dog vicious. Any dog that, without provocation, bites a human being or kills or maims a domestic animal without provocation may be declared vicious by the ACAC. An exception may be made for a puppy (animal under 6 months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property. 5.6.6.2. Procedure for declaring a vicious dog. Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than 5 individuals from 5 separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog vicious and, if so declared, what remedy is appropriate. 5.6.6.3 Exceptions. A dog shall not be declared vicious if the ACAC determines any of the following: (1) The person's skin was not broken. (2) The person who was bitten was willfully trespassing, committing a crime, or attempting to commit a crime on the premises occupied by the dog's keeper. (3) The dog was being teased, tormented, abused, or assaulted by the injured person or animal prior to attacking or biting. (4) The dog was protecting or defending a human being in its immediate vicinity from attack or assault. 5.6.6.4 Remedies. Upon its finding that the dog is vicious, the ACAC shall order one of the following remedies: permanent restraint; banishment; or destruction in accordance with MSPCA guidelines. (1) Permanent restraint order is an order that the dog must at all times while . on its keeper's property be kept within the keeper's house or a secure enclosure ; whenever the dog leaves its keeper's property, it must be muzzled and restrained on a lead no longer than 6 feet or confined in an escape-proof enclosure. The secure enclosure shall be a minimum of 5 feet wide, 10 feet long, and 5 feet in height, with a horizontal top covering the 13 q,~ IS` entire enclosure; shall be constructed of not less than 9 gauge chain link fencing; the floor shall be not less than 3 inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and.shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least one hundred thousand dollars ($100,000) for the benefit of the public safety. (2) Banishment is an order that a vicious dog may no longer reside or visit in the Town of Reading. (A vicious dog that is confined to a vehicle while passing through Reading is not "visiting" and therefore is not in violation of the order of banishment.) (3) Destruction is an order that the dog be destroyed in accordance with Massachusetts General Laws Chapter 140 and Massachusetts Society for the Prevention of Cruelty of Animals guidelines. 5.6.7 PENALTIES 5.6.7.1 Fines. Any animal keeper who maintains a kennel after the kennel license has been denied, revoked, or suspended, or who fails to obtain a kennel license; and any animal keeper who fails to comply with Section 5.6.5 CONDUCT OF ANIMALS shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding $300 per day for every day of the violation. 5.6.7.2 Reimbursement of costs. If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 5.6.7.3 Penalties for violating restraint orders. The ACAC shall determine a schedule of penalties not exceeding $300 for each and every violation of restraint orders. 5.6.8 MISCELLANY 5.6.8.1 Non-criminal disposition of violations. The ACO may, as an alternative to initiating criminal proceedings, initiate and pursue proceedings for the non- criminal disposition of any violation of this By-Law, in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21 D, to the extent of the specific penalty provided therefore. 5.6.8.2 Incorporation of state law. The provisions of Massachusetts General Laws Chapter 140, Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified herein, are hereby incorporated into this By-Law. 5.6.8.3.Severability. The invalidity of one or more sections, subsections, paragraphs, sentences, clauses, or provisions of this By-Law shall not invalidate or impair any other part of this By-Law nor invalidate the By-Law as a whole. Board of Selectmen 14 q .1p6 ARTICLE 25 To see if the Town will vote to adopt the following Bylaw regulating construction hours and noise limits, or take any other action with respect thereto: 5.5.8 - Construction Hours and Noise Limits 5.5.8.1 - Purpose. The intent of the bylaw is to regulate the hours during which construction and demolition activities may take place within the Town and otherwise to limit the impact of such activities on nearby residents and business. 5.5.8.2 - Definition. • "Construction" shall mean and include the construction, reconstruction, alteration, repair, demolition and/or removal of any building, structure or substantial part thereof if such work requires a building permit, razing permit, electrical permit, plumbing permit, gas permit, or mechanical permit. "Construction" shall also include excavation that involves the use of blasting jackhammers, pile drivers, back hoes and /or other heavy equipment. "Construction" shall also include the starting of any machinery related to the above, deliverys, fueling of equipment, and any other preparation or mobilization for construction which creates noise or disturbance on abutting properties. 5.3.8.3 - Hours. No person shall perform any construction within the Town except between the hours of: • 7 a.m. and 8 PM, Monday through Friday; • 8 a.m. to 5 PM on Saturdays; • none on Sundays and legal holidays. 5.3.8.4 -Exemptions. The restrictions set forth in this bylaw shall not apply to any work performed as follows: • by any Federal or State Department, Reading Department of Public Works, the Reading Municipal Light Department and/or any contractors working directly for these agencies; • by a resident on or in connection with his residence, without the aid of hired contractors, whether or not such residence is a detached single family home. • in the case of work occasioned by a genuine and imminent emergency, and then only to the extent necessary to prevent loss or injury to persons or property. 5.3.8.5 - Permits. The Chief of Police or his designee (the Chief), may in his reasonable discretion issue permits in response to written applications authorizing applicants to perform construction during hours other than those permitted by this bylaw. Such permits may be issued upon a determination by the Chief, in consultation with the Building Inspector, the Town Engineer, or other Town staff, that literal compliance with the terms of this bylaw would create an unreasonable hardship and that the work proposed to be done (with or without any proposed mitigative measures) will have no adverse effects of the kind which this bylaw seeks to reduce. Each such permit shall specify the person authorized to act, the dates on which or within which the permit will be effective, the specific hours and days when construction otherwise prohibited may take place, and any conditions required by the Chief to mitigate the effect thereof on the community. The Chief may promulgate a form of application and charge a reasonable fee for each permit. No permit may cover a period of more than thirty days. Mitigative measures may include notice to residents in the surrounding area, and other mitigation as determined by the Chief. 15 17- 5.3.8.6 - Unreasonable Noise. Regardless of the hour or day of the week, no construction shall be performed within the Town in such a way as to create unreasonable noise. Noise shall be deemed unreasonable if it interferes with the normal and usual activities of residents and businesses in the affected area and could be reduced or eliminated through reasonable mitigative measures. 5.3.8.6 - Copy of Bylaw. The Building Inspector shall deliver a copy of this bylaw to each person to whom it issues a building permit, razing permit, electrical permit, plumbing permit, gas permit or mechanical permit at the time that the said permit is issued. 5.3.8.7 - Enforcement. The Police Department, Zoning Officer, and/or other agent designated by the Town Manager shall enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of up to $300 for each violation. Each day or portion thereof that a violation continues shall constitute a separate offense. Any alleged violation of this bylaw may, in the sole discretion of the enforcing agent be make the subject matter of non-criminal disposition proceedings commenced by such agent under M.G.L. c. 40, § 21 D., Board of Selectmen ARTICLE 26 To see if the Town will vote to adopt the following Bylaw regulating door-to-door solicitors and canvassers, or take any other action with respect thereto: 5.5.9 Door-To-Door Solicitors and Canvassers 5.5.9.1 - Definitions; applicability. 5.5.9.1.1 As used in this section, the terms "solicit" and "canvas" shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner: (a) Seeking to obtain the purchase, or orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatsoever; or (b) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. 5.5.9.1.2 The provisions of this section shall not apply to officers or employees of the Town, county, state or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers. 5.5.9.1.3 If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, §34 shall apply. 5.5.9.1.3 The provisions of this section shall not apply to any person soliciting solely for religious, charitable or political purposes. 5.5.9.2 - Registration required. It shall be unlawful for any person to solicit or canvas or engage in or conduct business as a canvasser or solicitor without first having obtained 16 44,19- a Certificate of Registration from the Chief of Police as provided in this section. 5.5.9.3 - Application for Certificate of Registration. 5.5.9.3.1 Application for a Certificate of Registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee of $25.00. 5.5.9.3.2 An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including: (a) Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors; (b) State and/or federal tax identification number.of the sponsoring organization. (c) Name, residential and business address, length of residence at such residential address, telephone number, social security number and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town; (d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage; (e) Period of time for which the Certificate is applied (every Certificate shall expire within one year of date of issue); (f) The date of the most recent previous application for a Certificate under this section; (g) Any previous revocation of a Certificate of Registration issued to the organization or to any officer, director or representative of the organization by any city or Town and the reasons therefore; (h) Any convictions for a felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town; (i) Names of the three communities where the organization has solicited or canvassed most recently; (j) Proposed dates, hours and method of operation in the Town; (k) Signature of authorized representative of the sponsoring organization. 5.5.9.3.3 A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application. 5.5.9.3.4 No Certificate of Registration shall be issued to any person, or to any organization having an officer or director, who was convicted of commission of a felony, either state or federal, within five years of the date of the application, nor to any organization or person who's Certificate of Registration has previously been revoked as provided below. 5.5.9.3.5 Fully completed applications for Certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all Certificates of Registration issued under this section and of all denials. 17 q / q - 5.5.9.3.6 Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration to carry upon his/her person at all times while soliciting or canvassing in the Town and to display the Certificate whenever asked by any police officer or any person solicited. 5.5.9.4 - Revocation of Certificate. 5.5.9.3.1 Any Certificate of Registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the Certificate of violation of any of the provisions of this section or a false material statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the Certificate in person or by certified mail addressed to his/her residence address set forth in the application. 5.5.9.3.2 Immediately upon the giving of such notice, the Certificate of Registration shall become null and void. In any event, every Certificate of Registration shall state its expiration date, which shall be no later than one year from date of issue. 5.5.9.5 - Deceptive practices. No solicitor or canvasser registered or exempt from registering may use any plan, scheme, or ruse which misrepresents the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office or other establishment of any person in the Town. 5.5.9.6 - Duties of solicitors and canvassers. 5.5.9.6.1 It shall be the duty of every solicitor and canvasser going onto any premises in the Town to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises. 5.5.9.6.2 Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. 5.5.9.7 - Lawful hours to conduct solicitation or canvas. All canvassing or soliciting under this section shall be confined to the hours between 10:00 A.M. and sundown or 8:00 P.M., whichever is earlier, throughout the year. 5.5.9.8 - Penalty for violations. Any solicitor or canvasser who violates any provision of this section shall be punishable in accordance with section 1.5 of the Town of Reading General Bylaws, or, in certain cases, by arrest as provided in M.G.L. c. 101. Board of Selectmen ARTICLE 27 To see if the Town will vote to amend § 5.13 of the General Bylaws of the Town as follows: 18 'Y ;-0 • § 5.13.3.2 - by deleting said section in its entirety, and inserting in its place: "Upon the receipt of a completed application form for a Potentially Significant Structure, the Building Inspector shall immediately forward a copy thereof to the Commission for review." • § 5.13.3.3 - by deleting the word "Permit" in the first sentence and replacing it with the word "Application", so that the first part of said section reads, "Within fourteen (14) days of the date upon which the Commission receives the Demolition Application, the Commission shall make an Initial Determination that is..." • § 5.13.3.6 - by deleting the word "six (6)" in the second sentence and replacing it with the word "twelve (12)", so that said second sentence shall read, "The Commission shall so advise the applicant and the Building Inspector, and a Demolition Permit may be delayed up to twelve (12) months after the conclusion of the hearing during which time alternatives to demolition shall be considered." • § 5.13.3.4 - by deleting the second sentence of the second paragraph and replacing it with, "The Applicant shall be responsible for costs associated with the mailing, posting or publishing of the required notices." or take any other action with respect thereto. Historical Commission ARTICLE 28 To see if the Town will vote to amend Section 4.3.2.8, Accessory Apartments as follows: The language of Section 4.3.2.8a. is deleted and replaced with the word "Reserved." The phrase as it existed on August 1, 1982 is deleted from Section 4.3.2.8e. Or take any other action with respect thereto. Board of Selectmen ARTICLE 29 To see if the Town will vote to take the following action with respect to the Zoning By-Laws: a) Amend Article 2.0, DEFINITIONS, by adding the following definition as Section 2.2.28.1: "2.2.28.1. Lifestvle Center: A group of commercial establishments (including any combination of retail sales uses, consumer service establishments, restaurants, financial institutions and offices) situated on 15 acres or more of land in a Business C District, together with ancillary utility facilities, parking areas, driveways, roads, landscaped areas and buffer areas. A Lifestyle Center may consist of one or more lots and one or more buildings, provided that the separate lots and buildings are developed with a unified approach to access and circulation, parking, truck loading and unloading, vehicular entrances and exits, drainage, 19 Y D A ) ~ utilities and management of landscaped and buffer areas. Uses in a Lifestyle Center shall not be considered a mixed use as defined in Section 2.2.21.2.." b) Amend 4.2.2 Table of Uses as follows: In the column entitled "Bus C" by adding a after the word "No" in the row entitled "Retail Sales"; and by adding a "*****"after the word "No" in the row entitled "Consumer Services," and by adding under the heading "Business and Service Uses" after "Retail Sales" and before "Consumer Services" the following new item: I PRINCIPAL USES I RES I RES I RES I BUS BUS I BUS I IND S-15 I A-40 A-80 I A B I C I S-20 I 15-40 Lifestyle Center I No I No I No I No I No ( Yes ) No by adding to the notes appearing at the end of the Table of Uses, the following: Notwithstanding the above, such use is allowed as a part of a Lifestyle Center." c) Amend Section 4.3.1.3 by adding after the word "located" the following: provided that the foregoing shall not preclude the use and operation of restaurants or other uses typically included in a Lifestyle Center." d) Amend Section 5.1.2 Table of Dimensional Controls as follows: by deleting the row entitled "In BUS-C Districts" under the Section entitled "Other Permitted Principal Use" in its entirety and substituting therefor the following: In Bus-C Districts Minimum Lot Lot Width Circle Diameter Feet t t Maximum Minimum Yds. Maximum Building Height Feet 55** Area Sq. Frontage Front Side Rear Coverage Feet Feet Feet Feet Feet % of Lot I I N.A. N.A. 10*** 10*** 10*** 60 by adding at the end of the footnote to the Table of Dimensional Controls labeled 20 ~~aa as the following: "See additional provisions contained in Section 5.3.1.4.a." by adding after footnote to the Table of Dimensional Controls, the following: "***Except as provided in Section 5.2.3.7." e) Amend Section 5.2.3 Yards by adding the following as Section 5.2.3.7: "5.2.3.7. Notwithstanding anything contained in this By-Law to the contrary, a Lifestyle Center may be constructed on more than a single Lot, and such Lots may be in separate ownership, and in such event the intensity regulations set forth in Section, 5.0 of this By-Law (including, without limitation, the Table of Dimensional Controls set forth in Section 5.1.2) shall not be applied to each individual Lot, but shall be applied to all of the Lots on which the Lifestyle Center is located as if the same were a single Lot." f) Amend Section 5.2.6 Gross Floor Area by deleting the word "Gross" in the title to Section 5:2.6 and adding the following as Section 5.2.6.3: "5.2.6.3. In a Lifestyle Center, no retail store shall exceed 70,000 square feet of net floor area. No retail store may divide its use in a Lifestyle Center into two or more retail spaces that in the aggregate would exceed maximum retail store area limitations." g) Amend Section 5.2.8.2 by deleting the Section in its entirety and substituting therefor the following: "5.2.8.2. Except as otherwise set forth in this Section 5.2.8.2, where two or more principal buildings are on the same lot, they shall be located at least fifty (50) feet apart. Notwithstanding the above, two or more buildings situated on the same Lot within the Business C District shall have no required minimum distance between buildings." h) Amend Section 5.3.1.4 by deleting subparagraph a. of the Section in its entirety and substituting therefor the following: "a. Except as otherwise set forth in .this subparagraph a, no building shall be located within one hundred (100) feet of a Residence District. Notwithstanding anything contained in Section 5.3.1 to the contrary, provided that no retail use within the Business C District exceeds fifty-five (55) feet in height, buildings may be situated within fifty (50) feet of a Residence District, but only if such buildings do not exceed fifty-five (55) feet in height." i) Amend Section 6.1.1.3 Off-Street Parking and Loading/Unloading Requirements by adding after "Restaurants" and before "Industrial and Manufacturing Establishments" the following new item: 21 µ~,aa Principal Use Minimum Number of Off-Street Parking Spaces Required Lifestyle Center One space for each two hundred fifty (250) square feet of Net Floor Area for all uses within the Lifestyle Center. Minimum Number of Off-Street Loading and Unloading Spaces Required For a Building containing between 0 and 25,000 square feet-zero spaces. For a Building containing between 25,001 square feet and 50,000 square feet-one space. For a Building containing in excess of 50,001 square feet-two spaces. Notwithstanding the foregoing, a lesser number of loading and unloading spaces may be provided for a Lifestyle Center upon a determination of sufficiency by the CPDC pursuant to Section 4.3.3.12.2. j) Amend Section 6.2.3.2.3. Sians in Business-C Zonina Districts by adding the letter "a." at the beginning of the first paragraph and adding after the word "Paragraph 6.2.3.2.1." and before provided, however," the following: "and except as otherwise provided in subparagraph b. of this Section 6.2.3.2.3." k) Amend Section 6.2.3.2.3. to add the following paragraph after the first paragraph: "b. For Lifestyle Centers, the provisions of Section 6.2.3.2.1 shall not apply. Signage in a Lifestyle Center shall be subject to review and approval by the Community Planning and Development Commission as part of site plan review, applying the signage standards of Sections 4.9.5.6.1. through 4.9.5.6.4. As part of site plan review, the CPDC may allow the following additional signage for a Lifestyle Center: (i) Where a tenant or occupant has an additional storefront public entrance for customers located in a secondary wall (being a wall other than the wall where the primary sign is located), and the additional entrance faces a vehicle drive, parking area or pedestrian walkway, an additional sign may be permitted on the secondary wall. (ii) In addition to building signage, a business that occupies the Lifestyle Center may have its name and/or logo on an approved canopy. (iii) If the Lifestyle Center abuts Route 95, there may be additional building signage facing that highway, provided that (a) the lumens and brightness of illumination of such signs shall be subject to approval by the CPDC; and (b) such signage shall not be 22 ~~ay higher than the top of the building on which it is located; and (c) any illumination of such signage shall be turned off between 11:00 pm and the next morning at 7:00 am; and (d) the signage identifies either the name of the Lifestyle Center or occupants in the Lifestyle Center who have a store or restaurant of at least 5,000 square feet. (iv) A free-standing sign may be allowed on a separate lot if that lot is within the Business C District." (v) Additional signage on the front of the buildings may be allowed in sole discretion of the CPDC. 1) Amend Table 6.2.3., Signs Permitted According to Zonina District by adding a reference to a new note "(G)" after "Business-C" in the heading "Business-A, Business-C and Industrial Zoning District:". The revised heading of the second Section of Table 6.2.3. shall read as follows: "Business-A, Business-C(G) and Industrial Zoning District:" m) Amend Table 6.2.3. by adding after Note "(F)" the following new note (G): "(G) Lifestyle Centers shall be subject to the provisions of Section 6.2.3.2.3 (b), and shall not be restricted by the limitations set forth in the above Table 6.2.3." or take any other action with respect thereto. ARTICLE 30 To see if the Town will vote pursuant to Section 2-6 of the Reading Home Rule Charter to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 2 Kevin T. Flanagan Precinct 3 John T. O'Connor Precinct 4 Priscilla D. Hollenbeck Precinct 5 Paul A. Kelley Precinct 7 Pasquale M. lapicca Board of Selectmen 23 4 'ir' O-Lss. 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 April 4, 2006, the date set for the Election in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. 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 28th day of February, 2006. Camille W. Anthony, Chairman Richard W. Schubert, Vice Chairman Joseph G. Duffy, Secretary James E. Bonazoli Ben Tafoya SELECTMEN OF READING Corey W. Porter, Constable 24 4 AFFIDAVIT Town of Reading Fed Aid Number: Pending Owner(s) of Record: Reading Post of the American Legion of Massachusetts #62 Parcel(s): SW-2-T To: Director, Right of Way Bureau - Massachusetts Highway Department 10 Park Plaza, Room 6160 -.Boston, MA 02116-3973 This is to certify that all rights in land acquired by the City/Town in connection with the above referenced project were acquired in accordance with the provisions of Title III, Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as amended. With reference to the Act, the following applicable provisions were specifically met: Real property was appraised on N/A , before the initiation of the negotiations. The owner or his designated representative was given the opportunity to accompany the appraiser during the inspection of the property. 2. A fair market value of $ N/A for the acquired property was offered. The owner was provided with a basis summary (a written statement) for the amount established as just compensation. 3. The owner was not or will not be required to surrender possession of the subject property before the tender of payment, or the agreed purchase price. 4. The owner was not coerced or compelled in any way to agree on the price to be paid for the property and was not left with an uneconomic remnant. 5. Relocation of residential/commercial occupancy was not required. Order of Taking Voted: ° N/A Written Notice Mailed: N/A Physical oss sio ecured: 12/20/05 ~ u City/Town Officidl. Recorded: 12/20/05 Payment Tendered: N/A (donated) Date Physical Possession may only be secured on the later of 2. Thirty (30) days after the owner receives written notice, or 2. After payment (award of damages) has been tendered. //C"I/ I AFFIDAVIT Town of Reading - Fed Aid Number: Pending Owner(s) of Record: Haven Realtv Trust Parcel(s): SW-1-T To: Director, Right of Way Bureau - Massachusetts Highway Department 10 Park Plaza, Room 6160 - Boston, MA 02116-3973 This is to certify that all rights in land acquired by the City/Town in connection with the above referenced project were acquired in accordance with the provisions of Title III, Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as amended. With.reference to the Act, the following applicable provisions were specifically met: 1. Real property was appraised on N/A , before the initiation of the negotiations. The owner or his designated representative was given the opportunity to accompany the appraiser during the inspection of the property 2. A fair market value of $ N/A for the acquired property was offered. The owner was provided with, a basis summary (a written statement) for the amount established as just compensation. 3. The owner was not or will not be required to surrender possession of the subject property before the tender of payment, or the agreed purchase price. 4. The owner was not coerced or compelled in any way to agree on the price to be paid for the property and was not left with an uneconomic remnant. 5. Relocation of residential/commercial occupancy was not required. Order of Taking Voted:' N/A Recorded: 2/22/06 Written Notice Mailed: N/A Payment Tendered: N/A (donated) Physic J Pos ssio e ed: 2/22/06 City/Town Official Date Physical Possession may only be secured on the later of 1. Thirty (30) days after the owner receives written notice, or 2. After payment (award of damages) has been tendered. /0 f/" ANNUAL TOWN MEETING April 22, 2002 ARTICLE 17 - On motion by Gail F. Wood, Member of the Board of Selectmen, it was voted to authorize the Board of Selectmen to: Accept grants of easements related to capital construction projects in the Town, and easements for the purpose of installing and replacing drainage, water, sewer and other utilities; Determine the terms and conditions for the grant of such easements as the Board of Selectmen shall consider proper; and Accept a deed or deeds therefor if necessary. A tike copy. Attest: Cheryl A. Johnson Town Clerik. ~{c3 ADING oLicE EP 'I MENT rfi OFFICE OF T d ~~o CHIEF 839:1NCORQ0 .Tamed W. Cornier Chief of Police February 9, 2006 15 Union Street, Reading, Massachusetts 01867 Emergency Only: 911 All Other Calls: 781-944-1212 Fax: 781-944-2893 E-Mail: JCormier@ci.reading. ma. its Peter Hechenbleikner Town Hall Dear Peter: Regarding the application for an amusement license for FuddRuckers at 50 Walkersbrook Drive, we reviewed the application and contacted the North Andover Police Department. Lt. Det. Paul Gallagher of the North Andover Police Department reported to us that they have had no problems whatsoever at the FuddRuckers located in their town. In general, in considering the surrounding amusements located in Jordan's Fumiture, I don't have any reservations regarding the Board of Selectmen issuing this amusement license. However, one concern that I have regarding this application is the physical location of three of the amusement machines. The three I refer to are located j ust outside of the bathrooms, they are called Gravity Hill, Stickers and Toys, and Tractor Time. I believe locating these machines in such close proximity to the bathrooms and in an area that appears to be somewhat secluded, could cause a problem. The machines are geared toward attracting children, and I think that they should be located in a more public area away from the bathrooms. In closing, the police department, in general, finds no reason to oppose the license for the amusement products. We do ask that the board consider speaking with FuddRuckers about the location issue outlined above. I would be more than happy to speak with the board or FuddRuckers and explain my concerns in more detail if necessary. Sincerely, y James ormier Chief Police ~d OF 0 Fr. Town of Reading 16 Lowell Street h rs,9r o4 Reading, 'MA 01867-2685 NC0 FAX: (781) 942.9071 Email: townmanager&l.reading.ma.us October 28, 2005 Fuddruckers Attn: Jim Boland P.O. Box 5599 Gloucester, MA 01930 Dear Mr. Boland: Z-tip- TOWN MANAGER (781) 942.6843 We received your application for licenses for automatic amusement devices. Please see the attached section of the policies for the Board. of Selectmen' outlining the process for. consideration of this matter. I have scheduled time on the Selectmen's December 6, 2005 agenda for a hearing on this matter. The Board of Selectmen will decide .at the hearing whether or not to grant the.licenses. Closer to the hearing date, we will establish the time for the hearing and let you.know. You will need to be, present to make a presentation. We will need a copy of the plan as soon as possible showing the layout of the restaurant and where you propose to put the automatic amusement devices. i erely, n / ti Peter I. H61eikner Town Manager PIWps A 91- SSItlowl.8 - Lien s for tomatie A-mqpement Devices, Chapter 140, Sections 177A of the Laws of the Commonwealth, provide for the licensing of "Automatic Amusement Devices." The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board'of Selectmen in reviewing and ruling upon applications for Licenses for Automatic Amusement 'Devices. Automatic Amusement Devices include those that are coin or otheiwise operated,. 'as well as those that are free for play: 1. Each application will be dealt with on a case by case basis. 2. Licenses for Amusement Devices other than clubs will be subject to a -hearing by the Board of-Selectmen, 3. Automatic Amusement Devices licensed under this policy shall be so installed on the premises so as to be in open view at all tunes while in operation, and shall at all times be available for inspection. 4. No person keeping or offering -for operation or allowing to be. kept for operation any automatic amusement device licensed under these policies shall permit the automatic amusement device to be used for gambling. A device that rewards the player with free play on that machine shall not be considered to be gambling. 5. Prior to the issuance of a License for Automatic Amusement Devices, the Board may require a review.by the Police Department and" the. Building/Zoning Inspection Division, and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Revised 5-25-04 3-;23 M TOWN OF READING ' COMMONWEALTH OF MASSACHUSETTS APPLICATION FOR LICENSE AUTOMATIC AMUSEMENT DEVICES. To the Board of Selectmen: 20D The undersigned hereby applies for a License in accordance with the provisions of the Statues relating thereto (Full name of person, firm or corporation making application) DOING BUSINESS AS r STATE CLEARLY TO ! 1?OU11/4C,~ ALtkg PURPOSE, FOR ) t ) t WHICH LICENSE ;31) l'L V e n d l 11 y 4 &,4y;;e, 9 Ol G t n?'T IS REQUESTED GIVE LOCATION At SO BY STREET AND NUMBER In said Town of Reading, in accordance with the Rules and Regulations made under authority of said Statutes. I certify under the penal 'es of perjury that I, to my best knowledge and belief, have fi all state tax returns and paid a Al st e axes required under law. -rVYI ! V't7~-~!rv~!' U~~ 1 S' ature of Individual or Corporate Name (Mandatory) By Co/ orate Officer (Mandatory, if applicable) Social Security # (Voluntary) or Federal Identification Number This license will not be issued unless this certification clause is signed by the applicant. Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Licensees-wbia fail to correct their non-filing or delinquency will be subject to license suspension or revocation. his e uest is made under the authority of Mass. G.L. c. 62C, s. 49A. 1 Fee Received: kpo, 00 / Signature of Applicant 7 Q0_0 R L Z 130 0 Curre C-)61L to --27-611 nt Mailing Address /~~{j ~ ~ °130 Telepbone No. +~q - - Ip D'7] ~ oAREA ° P9 Y9 - ~J ° HIGH TOP TP9LE ° SFATING AREA 6.169 69 691 1 1 -1- =vy~ ~,F~ ~ ED 0~ + 512' 1 20'-0• I + 4'-2• ~11• i `>'I° 1 TOILET { M + I- I a a I to a HIGH TOP TABL 0000 SEATING 150 Rb • SEATING ARFA 10-11, 1 c"a* I; s-lo° I e-r 15 a 1 TOILET VEST. III ID, (ITCHFN co lqt M CV N ~ O co Y d' O CD = w ~ ; Z .1i - ' co ID sO UL _ ~a ~ (D co :21 ® M O r V ~ ~tJ Y~ Vl z Y I Z Yu nj v n DATE: II-q-05 SCALE: AS NOTED DRAWN BY: CAD JOB N0 : DRAWIN G NO: II I y A I is cl~ a Fuddr'uckers Presentation To Town of Reading Board of Selectmen Introduction Fuddruckers restaurants throughout the United States incorporate amusement equipment to enhance customer enjoyment of the dining experience. In addition, revenue generated by such equipment is important to the overall profitability of each restaurant. The goal of Fuddruckers at Jordan's Furniture in Reading is to provide quality dining at an affordable price in a safe and child friendly environment. Since Fuddruckers caters to families with small children, the games provided will be geared to that demographic. The emphasis will be on games which allow the user to play a game with a chance to win a prize such as a small basketball or stuffed animal. In many cases the game will provide a prize for every play. In addition, machines that dispense stickers and toy capsules will be provided. Video equipment will be limited to a driving simulator and a Nickelodeon driving game. Many towns and cities are concerned that amusement equipment in an establishment will result in the establishment becoming a hangout for teenagers which can result in problems such as teenage smoking, drinking and other disruptive behavior. This can happen when the amusement environment is crowded with video games, particularly violent shooting games. This will not be the case at Fuddruckers as there will be no violent video games in the restaurant. For the past seven and a half years Jim and Janet Boland have owned and operated Fuddruckers restaurants in Saugus and North Andover. Both restaurants have amusement games and there have been no incidents or other problems relating to the games during this period. Fuddruckers managers are trained to pay attention to the games and not allow teenagers to cause problems. Because Fuddruckers target audience is families, the mix of games is designed to appeal to younger children rather than to teenagers. Fuddruckers strives to be a good citizen and give back to the communities in which they operate. The added revenue provided by the games is important to help Fuddruckers succeed in a highly competitive industry. Fuddruckers knows how to operate amusement games in their restaurants and still maintain the family friendly environment that their customers have come to expect. Total Required Investment Fast and Furious $7,100 Fast and Furious 75100 Nicktoons Racing 45400 Skittle Ball 43200 Mr. Claw 41200 Whistle Stop 51800 Prize Time 4,100 Stacker 59500 Gravity Hill 31700 Sticker and Toy Machines 11200 "Tractor Time 31100 Sill Changer 9,300 Game Utility Installation 13000 Game Housing Structure 31000 $55,700 Proposed Amusement Area Fuddruckers-Reading, Fast Furious Fast Furious Mr. Claw Crane ittl e gall .I e t i w CD CD CD a C4 CD CD ~Grayity H it 1 1 Stickers & Toys Tractor Time Proposed Amusement Area Fu druokers-Reading, I I JL Fast and Furious Driving Sim ators The driving simulator game is rated with a green sticker as "Suitable for All Ages". These 2 games will be linked to allow players to race against each other. This is the most popular driving game on the market today and is enjoyed by young children and their parents. Nicktoons aciig Nicktoons Racing is a. driving simulator specifically for young children. The game features Nickelodeon favorites such as Sponge Bob SquarePants, Patrick and Rugrats Tommy and Chuckie and other popular children's characters Skirt eba Skittleball is a take off on the popular arcade redemption game Skee-Ball. The game is a "Winner Every Time" providing a small toy or bouncy ball with each play. There are also medium prizes and large prizes which may be awarded depending upon the number of points scored. This is an extremely popular game which appeals to young children and adults as well. ME 0 aw The Mr. Claw crane is a game which allows the player a chance to win a stuffed animal. People of all ages love to play plush cranes. Whist e Stop The Whistle Stop features a rotating carrousel filled with prizes ranging from novelties to collectable coins, pocket watches and CD's. This object of the game is to stop the train (carrousel) on the green light. If the player is able to do so they will win the corresponding prize on the carrousel. Children love this game especially the train whistle that sounds with every play. Prize Time Crane The Prize Time crane features the chance for the player to win a 5-inch rubber playground ball or a 5-inch mini basketball. This extremely popular game will be stocked with balls such as Looney Tunes characters, Smiley Faces, Princess, Angel and Dolphins. Other balls are sports themed such as Red Sox, Patriots and Celtics balls. This popular game appeals to people of all ages. . Stacker The Stacker is a game in which the player stacks blocks on top of each other. If they make it up to a certain height they can accept a minor prize or make the decision to continue stacking the blocks in hopes of getting to the top and winning one of the major prizes. It is not that difficult to reach the minor prize level and many minor prizes are won. Minor prizes range from stickers to teeny beanie babies. Major prizes are X-Box and Play Station games as well as popular movie DVD's. This is a very exciting game enjoyed by people of all ages. Gravity Hill is a "Winner Every Time" game that children really enjoy. With each play Gravity Hill dispenses a small toy or bouncy ball. The player tries to move the game ball from the bottom of the hill to the top. A player will receive a second toy if they make it up to the small prize hole or a large prize if they make it to the top. Children love the challenge of trying to make it to the top of the mountain. Gravity HI Mekers and toys The sticker and toy machines are merchandisers, which dispense popular stickers, tattoos, 1-inch toy capsules, 2-inch toy capsules and bouncy balls. The prices for these items range from $.25 to $.75. Bulk vending machines have been around since the 1940's and continue to be very popular with children. Tractor Time 46 0 0 Time" candy crane. This game is a Tractor Time is a "Winner Every games. Children love to operate variation on the popular candy crane pick up the candy the tractor's scoop and pE' t, { Town of Reading 16 Lowell Street Reading, MA 01867-2683 CONSERVATION COMMISSION Phone (781) 942-6616 Fax (781) 942-9071 ffink@dreading.ma.us February 24, 2006 Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Re: MWRA Buy-In Dear Selectmen: At the February 8 meeting, the Conservation Commission discussed the merits of buying all of the town's water, versus the current partial buy-in to the MWRA system. We attempted to keep our discussion to issues that directly affected our role as Connni'ssioners and our obligation to uphold the regulations of the Wetlands Protection Act, as well as managing land under our purview. The major issue we see is the adverse impact that water withdrawals have on the wetlands and the Ipswich River during low/no-flow conditions. These impacts have been shown to be real and significant, not only by empirical evidence such as observations of the river flowing backwards toward the well field, but also by modeling done by the USGS (report published in 2000). By completely ceasing withdrawals of water, the town would reverse the damage that Reading caused to the Ipswich River by 50 years of overdrawing. Eliminating the current water treatment facilities would have the benefit of enhanced access and utilization of the recreational assets of the Town Forest and Water Department lands. Also, there would be no additional negative impacts to the environnient created by a new treatment plant. In conclusion, whether or not Reading continues to operate a water treatment plant, we must continue to monitor the threats to water quality. Previous toxic waste spills from neighboring industrial activities, as well as potential fixture contamination, remain a topic of concern. Sincerely, W' am Hecht, Chairman reservation Commission/ e~ `"7 DRAFT MISSION STATEMENT The Mission of the Town of Reading Municipal Government is to provide essential services to the residents of the Town of Reading. Town government will balance near and long term objectives with prudent fiscal discipline to ensure that the community remains an attractive place to live and work. The Board of Selectmen will provide the vision and leadership to guide Town Government to act in a manner consistent with their adopted Values in the pursuit of their stated Goals. qfel Page 1 of 13 updated 02/24/06 VALUES STATEMENT The following values shall guide Reading Town Government and its employees and officials in conducting their business. These values are adopted as an element of the Town's Mission Statement. COMMUNITY INTERACTIONS ➢ All business of the Town shall be conducted according to the highest standards of ethics and integrity. ➢ Employees and officials shall operate in an open manner, providing opportunities for public discussion and input into their decisions. ➢ Employees and officials will keep the community informed with accurate, timely, and factual information. Mutual respect and an attitude of caring shall govern all aspects of Town Government. ➢ Employees and officials shall conduct themselves in a professional manner at all times. Reading values professionalism. COMMUNITY SERVICES ➢ Reading residents value the quality of services provided by their Town Government. The highest feasible quality of service is the standard for Reading Town Government. ➢ The Town strives for continuous improvement in all services that it provides. ➢ The Town is open to new methods and technology to make improvements in its services. ➢ All services need to be provided in the most efficient and cost effective manner possible. ➢ While respecting the past and present, Reading will continue to plan for the future, embracing improvements that make the community a better place to live and work. Page 2 of 13 updated 02/24/06 COMMUNITY CHARACTER ➢ Residents of Reading strongly identify with the. community, and have a great deal of pride in their Town. This is evidenced in the level of civic involvement within the community. This is a standard that is embraced and supported by Town Government. ➢ Reading is an open and welcoming community. ➢ Reading embraces diversity. ➢ The Town will strive to maintain and enhance the character of the community including: volunteerism, history as reflected in historic buildings and areas, quality of residential development, a concentrated and focused commercial center, outstanding public buildings, and a quantity and quality of open space and recreation areas. Page 3 of 13 updated 02/24/06 GOALS STATEMENT In its effort to continuously improve the quality of life and civic involvement in the community, the Board of Selectmen adopts the following goals: 1. Financial Strength • Enhance and maintain the financial strength of the community in order to have the resources to accomplish its priority services. • Develop and maintain both physical and intellectual infrastructure in a manner that reflects significant community investment and financial support. 2. Public Health and Safety • Support Public Health and Safety as priority local services. • Enhance local efforts with assistance from Federal, State, and regional resources. 3. Communication • Continuously enhance open two-way communication between Town Government and its residents. • Emphasize and enhance strong communication within Town Government. 4. Planning • Utilize long-range strategic planning on all levels, to provide a consistent and reliable framework for decision making. • Continuously evaluate and improve the services the Town provides, and how the services are delivered. Page 4 of 13 updated 02/24/06 NFy GOAL 1 -Financial Strength: ® Enhance and maintain the financial strength of the community in order to have the resources to accomplish its priority services. • Develop and maintain both physical and intellectual infrastructure in a manner that reflects significant community investment and' financial support. Obiective 1-1: Expand the Commercial Property Tax Base 1. Create and implement an Economic Development Committee in the community as a focus for the community's many economic development activities. 2. Complete the development of Archstone, Maplewood Village, Johnson Woods, 10 Haven Street and Walgreen's sites. 3. Work with the property owner and proposed developer of the Addison Wesley site to ensure the re-zoning, approval, and redevelopment of that site for uses that maximize the benefit to the Town. (4. Implement the Downtown Improvement Project beginning construction in 2006 to its completion in '2007. While this is not a Town administered project, work with the State and the contractor to ensure the least possible disruption to the community from the construction of the project. 5. Implement mixed use development in downtown including 40R and or 40S 6. Work with property owner of M.F. Charles building on redevelopment plans. 7. Explore outside funding to implement improvements to Downtown Reading including parking and other appropriate improvements. 8. Work with owners of the buildings in town that were damaged by fire to redevelop the sites in a manner that provides the maximum benefit to the community. 9. Work with Walkers Brook Drive property owners to expand commercial development in this area. This includes Stop and Shop, Dickinson, the TASC building, 128 Marketplace, 128 Ford, and Fraen. 10. Provide improved information to the development . community and potential companies that would want to relocate to Reading, outlining the key elements of locating in the community, including location, utilities, taxes, and internet access. Provide this information on the web page, and try to get parties benefiting from such exposure (utilities, brokers, property owners) to pay any costs associated with these efforts. Page 5 of 13 updated 02/24/06 yF5 Objective 1-2: Apply for and secure outside funding and grants consistent with the community's goals, focused primarily on one-time ' and capital expenses 1. Identify and apply for at least one grant for a capital project. 2. Evaluate the use of a grant person to assist the Town in securing additional grants for programs or projects consistent with Town goals and the Capital Improvement Program. 3. Identify and seek grants to fund the Town's "Initiative Against Substance Abuse" 4. Seek grants that will assist in implementation of approved plans Objective 1-3. Work with State and Federal officials to enhance local ' government services and projects. 1. Develop a comprehensive local legislative agenda, and host an annual meeting with the Town's state legislative delegation. 2. Stay up to date on Health Care and other hot button State and Federal issues 3. Identify as quickly as possible the Town's FY 2007 financial needs, and work with the legislative delegation to try to address any shortfalls through increased aid or grants. 4. Attempt to secure a priority position for the Town on the SRF program for low interest funding for the Water Treatment Plant in the event that the Town decides to move forward with the project. 5. Work with the legislative delegation and the META and others to try to secure assistance with. relocation of the portion of Ash Street at the railroad, to try to eliminate the grade crossing. 6. Determine whether there are any state or federal programs available to assist the Town with major drainage projects like the Saugus basin improvements 7. Determine whether assistance is available or appropriate to develop the connection from Walkers Brook Drive to Main Street bypassing the Washington Street neighborhood. 8. Secure a position on the state Transportation Improvement Program (TIP) for the West Street project. Page 6 of 13 updated 02/24/06 WV6 Objective 1-5: Review the Capital Improvement Program and capital operating budgets with a focus on maintaining and improving the current infrastructure. 1. Purchase capital planning software; 2. Develop a capital improvement program process; 3. Develop a capital funding strategy recognizing the current and projected debt service and the Town's ability to pay. .4. The CIP has been enhanced in recent years by the development of a water distribution master plan, a GIS master plan, a water supply master plan, a Road Improvement program, a storm water management plan, and a telecommunications master plan. These plans should continue to be evaluated, updated, and implemented through the CIP. 5. Work on implementing the program for funding the storm water management master plan. 6. Develop additional infrastructure master plans in areas not yet covered by such plans, including a sidewalk and bike path master plan. Obiect' eve 1-6: Provide a process to improve maintenance and operation of all Town/School buildings 1 Develop a building maintenance master plan for all Town buildings, working with the Facilities Director and the building "managers". ! . f.... Objective 1-7: Provide training and other resources in key areas to maximize the human resource potential of our employees. 1. Conduct employee Technology Training in Word, excel, outlook, power point, web, access. Conduct an In-house resources inventory; then seek outside resources as necessary. 2. Develop a Customer Service program utilizing Training & a web linked Software 0 Page 7 of 13 updated 02/24/06 0~7 GOAL 2 - Public Health and Safety: • Support Public Health and Safety as priority local services. ® Enhance local efforts with assistance from Federal, State, and regional resources. Obiective 2-1: Evaluate recent and projected economic development projects and their impact on local Public Health and Public Safety services, and address any deficiencies. 1. As part of FY 2007departmental operations, evaluate the demand for additional _ service created by the new commercial and residential developments. 2. Address the additional demands through provision of additional resources as appropriate. 3. As part of the Water Treatment . Plant design (if this project is to be built) development, develop security measures for the Town's water supply. 4. Identify resources to implement a comprehensive ID system for employees and those volunteers who would be involved in addressing an emergency incident. Obiective 2-2: Respond to demands for Emergency Preparedness and Response on local Public Health and Public Safety services and develop a flexible plan to address these demands. 1. Identify resources/costs associated with emergency preparedness and response demands. 2. Implement Planning for emergency preparedness and response in an updated web- based system (includes GIS). 3. Respond in a timely manner to all Surveys and reporting requirements related to emergency preparedness. 4. Conduct training on Emergency Preparedness for Key employees & elected officials updated annually 5. Secure equipment as needed and available to implement priority emergency preparedness goals. Li eg Page 8 of 13 updated 02/24/06 Obiective 2-3: Work to secure all available resources to support Public Health and Safety services in the Community. 1. Utilize Town resources and/or a grants-person to fund additional demands for services, particularly in capital or one-time expenses. Wfq Page 9 of 13 updated 02/24/06 GOAL 3: Communication: • Continuously enhance open two-way communication between Town Government and its residents. • Emphasize and enhance strong communication within Town Government. Obiective 3-1: Improve the internal communications within Town Government, and between the Town, School, and the RMLD, both on a staff and on a Board basis. 1. Establish and foster internal communications., through retreats and other mechanisms. 2. Build a secure web based system for employee communications and information (benefits, policies). 3. Educate elected and appointed Boards & staff on respective roles, responsibilities and relationships. 4. Develop a New Board / staff orientation process 5. Continue "Highlights" once a month on the Board of Selectmen agendas. 6. Continue to incorporate the RMLD & School Dept in Department Head meetings and activities. 7. For Town Boards/Committees/Commissions (BCC) develop an internal feedback mechanism for the public to provide systematic comment on the conduct of the Town's volunteer government 8. Develop guidelines and procedures for all Boards, Committees, and Commissions based on the best practices exhibited within town government... 9. Develop new budget process involving Boards & staff. Obiective 3-2: Develop a universal and comprehensive strategy of how Town Government gets information to and from our residents. 1. Identify stakeholders 2. Inventory current communications systems 3. Assess information needs (including specialized needs). 4. ID how to get info to and from residents. 5. Use a focus group of residents not involved in Town government to evaluate different communication models Page 10 of 13 updated 02/24/06 4 F:11D 6. Establish a policy of how the Town departments communicate with the public, and under what circumstances 7. Evaluate the above results and establish a communication strategy. 8. Provide the resources needed to operate, maintain and continuously evaluate the communication strategy. It would be helpful to understand how many residents/what percentage of the community has access to computers with internet access and email. L4P11 Page 11 of 13 updated 02/24/06 GOAL 4 - Planning: • Utilize long-range strategic planning on all levels, to provide a constant and reliable framework for decision making. • Continuously evaluate and improve the services the Town provides, and how the services are delivered. Obiective 4-1: Complete the Community Master Plan up-date and all ancillary elements of this Plan 1. Complete the Open Space and Recreation element to the Master Plan 2. Develop an implementation strategy and process. Obiective 4-2: Complete the 5 year Library plan 1. Conduct an evaluation of the Reading Public Library building as well as library services. Objective 4-3: Review all aspects of the Department of Public Works operations, and develop a strategy for ensuring that the Department has the resources to address infrastructure maintenance. 1. Develop a scope of services to evaluate the entire operation of the DPW. 2. Identify consultants and scope the cost of conducting such a study. 3. Identify funding for the study including use of utility enterprises, left over budgets, etc for such a study. 4. If funding is available to proceed with the study, develop an RFP, and secure the services of a consultant to start work before the end of the fiscal year. Obiective 4-4: Evaluate alternative ways to more efficiently and Page 12 of 13 updated 02/24/06 14 o effectively deliver Town services. 1. Improve the overall collections process and its availability to consumers, including building on the recent ability to pay via web. - expand the number and type of bills that can be paid that way. 2. Establish additional e-commerce opportunities 3. Establish an electronic records management system and begin implementation 4. Evaluate communications connections between phones & computers 5. Improve Town telecommunications network using the WAN funding from Verizon .6. Develop an electronic room reservations & meetings posting system for internal use, and evaluate a mechanism to show the meeting schedule on the website send it to & email participants; 7. Implement a Permits Coordination system using additional personnel and software, to improve the customer service functions in the Community Services Department... Page 13 of 13 updated 02/24/06 Board of Selectmen Meeting January 17, 2006 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 7:10 p.m. in the Parker Middle School Multi-Purpose Room, 45 Temple Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectman Ben Tafoya, Consultant John Diaz, Bob Frazier from W/S Development Associates, CPDC Members John Sasso, Jonathan Barnes, Dick Howard, Neil Sullivan and Sue DeMatteo, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikrzer, Paula Schena, and the following list of interested parties: William Griset, Jr., Kate Thibeault, Brent Brooks, Torn Jozkowski, David Fleming, Maly Connors, Lucretia Zerfas, Margaret Grogan, Rosemarie Arubi, Andella and Bob Montgomery, Marie Hickey, Fred and Joan Doherty, Norma Varley, Joan Benevides, Nancy Hinds, Marie Brennan Taylor, Tom Procopio, Nancy Errico, Chris Dumas, Angela Binda, Mark Schneider, Jeff Everson, Jean Clark, William Cronin, Anne Ward, Marianne Downey, George Rio, Heidi Bonnabeau, Kate Adams, Michelle Hopkinson, Sharon Peterson, Tom Laughlin, Paul John, Patrick Sullivan, Lori and Jay Doughtey, Frank Touserkani, William Pike, Stephen Peters, Karen Doherty, Torn Walsh, Kristen Remondi, Attorneys Josh and Brad Latham, Mary Good, C. Schubarth, Mary Avery, Dan Leneham, Rick Rostoft, Dave Missert, Theresa Murphy, Paula Gentile, Carol Everson, Jeffrey Dietz, Christine Brungardt, Sheila Spirmey, Joe Westerman, Mary Graham, Susan Peters, Marilyn Carter, Bernie Donohue, Neil Adams, Yuging Xue, Bob and Diane Weggel, Paula Perry, Peter Martin, Steve Morrison, Dana Baker, Ed Howard, Brad Fuller, Tina Brzezenski, Monette Verrier, Tony D'Arezzo, Robert Shamsky, Joan Neary, Lois Halligan, Dick and Lynn Williams, Jean and Richard Roketenetz, Anne Jack, Susan DiGiovanni, Dave Lyons, Leanne Webb, Lisa -D'Alessio, Charles Presho, John Malley, Eileen and Frank Faggiano, Ronald Iapicca, Theresa Petrillo, Jay Lenox, Harry Simmons, Walter Begonis, State Representative Patrick Natale. Discussion/Action Items Joint Meeting with CPDC re: Addison-Weslev - Chairman Camille Anthony noted that this meeting was an opportunity for CPDC to see the traffic study and for public comment. Attorney Brad Latham noted that four months ago, he was approached by W/S Development to represent them. He voted in the Presidential Election so he knows what the problems were. The traffic study has satisfied his concerns. He also noted that the design is to keep traffic off of South Street, and that there have been meetings with the neighbors and the concerns are similar to the concerns that neighbors to the landfill had. Attorney Latham noted that vehicle trips in and out equal two trips. He also noted that 80% of the vehicles will be coming from the south, and that there are three facts: (1) through traffic will flow better, (2) Main and South Streets will be safer, and (3) there will be no traffic going onto South Street. He read a letter from the Board of Selectmen of Canton. 511--l" Board of Selectmen Meeting - Januarv 17. 2006 - Paae 2 Bob Frazier from W/S Development Associates noted that they had preliminary meetings with Boards, Committees and Commissions and the neighbors. They wanted to go to the November Town Meeting but the Board of Selectmen suggested that they take more time to study the issue. They did a traffic study that centered around the neighborhood. He also noted that this project is a $100 million investment in the community. The site is in a fantastic location for retail with convenient access to the highway, and 80% will come from the highway, 15% will be coming south from Main Street and 5% from the east. He noted that Pearson acquired additional land and has an agreement to acquire land from EMARC. Mr. Frazier noted that office use generates heavy traffic in the morning and evening but none on the weekend. Retail generates traffic in the evening and weekend but is light in the morning. Traffic counts show 22,129 vehicles on Saturdays. He also noted that the level of service for the existing roadway is a B. If Addison-Wesley was to re-occupy, it would be level F. The proposed retail would have a level of service of A in the morning, B in the evening and C on Saturdays. An office park would have a level of service of D in the morning and C in the evening. Mr. Frazier noted that Representative Patrick Natale had concerns at the last meeting regarding Mass Highway. He also noted that they submitted the traffic study to Mass Highway and they were fine with it. There is zero impact on traffic on South Street. Chairman Camille Anthony asked John Diaz for additional information. Mr. Diaz handed out information on traffic counts. He noted that the traffic in December 2005 is 4% higher than October 2004. June is approximately 5% higher than average, May is approximately 4% higher than average, and December .is approximately 3% higher than average. In December, Saturday traffic is 9% lower than weekdays and Sunday is 27% lower than weekdays. The December peak hour traffic on Saturday is 12% greater than weekdays, and Sunday is 5% lower than weekdays. The average daily traffic count in December is 23,000 vehicles. "Reading First" Representative Angela Binda of 10 Orchard Park Drive gave a presentation. She noted that the "character" of the Town is an attribute that distinguishes or defines something, and CPDC defines the Town as a New England structure that is peaceful. Reading has excellent school systems and the Library is in the top 10 in the country. She also noted that the site in Hingham is very different from this site, and that lifestyle centers have opened in the south to give a sense of "New England Style." She wants to see something other than a mall in the Addison-Wesley property. "Reading First" Representative Jeff Everson of 21 Pine Ridge Circle indicated that there are four issues to deal with the origin of the motorists traveling to a lifestyle retail center (LRC), the number of motorists going to a LRC, the distribution of the motorists, and accident data. Pertaining to the origin of motorists, the average income of shoppers is $75,000. The average income in Reading is $95,000, in North Reading it is $94,000, in Lynnfield it is $116,000, in Wilmington it is $82,000, in Wakefield it is $80,000, giving an average income of $95,000 in the surrounding towns. ~5 Ov I--- Board of Selectmen Meeting - Januarv 17. 2006 - Paae 3 Mr. Everson noted that E & K indicated that a LRC is significantly different from a traditional retail mall but they used the same trip generation formula for a traditional mall from the Engineering Handbook. They also used a computer simulation to determine traffic flow in Reading. He also noted that the accident data that E & K used by Mass Highway is under legal inquiry by the Office of the Inspector General in Washington by reason of fraud, and the accident location is frequently unknown. He feels that the results of E & K's traffic study are totally invalid, and that a LRC will significantly increase traffic congestion. Theresa Petrillo noted that she received a letter one year ago to go and see their lifestyle retail center. She requested numbers and received big glossy pictures but no numbers. She also noted that a mall generates traffic all day. She noted that they submitted an old office park traffic report. They plan on fixing a problem that doesn't exist. It will lower the level of service for residents but increase the level of service for the customers. She noted that Reading is modeled after the Hingham LRC but there are no abutting residents in Hingham and they have four means of egress. The Reading LRC has abutting residential and only one access. She asked that the Board of Selectmen and CPDC take an official vote of "no." Susan DiGiovanni of 34 Chute Street noted that she was a founder of the Downtown Steering Committee. She is in favor of the development. She knows the developer and he is a fantastic developer. She also noted that the development will be approximately the size of Redstone plus 20%. She asked how often people actually go to a shopping center. She noted that an office worker will look for a short cut because they travel there every day but a shopper will not. She feels that the development will have a "halo" effect and enhance the Downtown businesses. Brad Fuller of 169 Walnut Street noted that he lives '/2 mile from the proposed site. He asked how they can put a barrier at the end of South Street when it is a scenic road. He also noted that he moved to Reading for the character of the Town. He asked when the developer will be doing a report on drainage because he is on the lowest point. Frank Touserkani of 21 George Street noted that Brad Latham represented him regarding the affordable housing on George Street. He also noted that Representative Natale made a lot of changes to 40B. He noted that he works in Burlington and his worst nightmare is trying to get onto the highway - he feels'that this will be a comparable situation. Jay Lenox noted that he grew up in Reading, and he feels that the developer is creating an unreal vision with his video. He also feels that the increase in tax revenue will be offset by hiring more police and fire personnel, and wants the Board of Selectmen and CPDC to reject the proposal. Steve Morrison of 178 Walnut Street noted that people will not use Route 93 and 128 to get there. He feels that they will cut through the neighborhoods. He also noted that the traffic issues in the Joshua Eaton neighborhood need to be addressed. Fred Doherty of 68 Curtis Street indicated that he has been a resident for 43 years. He noted that the bridge measures 78 feet wide. There will be two five foot sidewalks, two four foot breakdown lanes and that leaves 57 feet. The State allows 11 feet per lane. The two ramps onto Route 128 funnels into one, and he would like to see pictures of the back of buildings. s0-13, Board of Selectmen Meeting - Januarv 17. 2006 - Page 4 Harry Simons noted that there are no sidewalks on that side of Town. He feels that people will cut through West Street down Walnut Street., There will be an increase in noise and pollution. He also feels that this is a quality of life and interchange issue. Paula Perry of 40 Beaver Road noted that the Town needs to develop a commercial base. She feels that this is worth Town Meeting discussion. Maryanne Downing of 13 Heather Drive asked for the estimated number of truck trips and hours of delivery, and what type of trucks will be used. She feels that there will be increased fender benders, accidents and break ins, and this will increase insurance rates. Bob Frazier noted that initially there will be tractor trailers and then it will be mostly UPS. Christine Brundgart of 324 South Street 'indicated that having a gated community at the top of South Street is offensive to her. She noted that Hingham is a rectangle mall with a parking lot in the middle. She feels that people will use the Downtown services less frequently. She also noted that Gregory's Pizza gives $2.00 for every pizza sold on Tuesday to the Joshua Eaton School. Jeffrey Dietz of 10 Orchard Park Drive asked where the estimates come from in the traffic study, and what the margin of error is. He noted that this is the busiest highway intersection in New England. The levels of traffic service hurts the residents. He also noted that he will have to drive '/2 mile to get into a mall that he can see from his kitchen window. George Rio of 11 Estate Lane noted that he was there representing the Children's Store. He feels that the Downtown stores will be driven out of Town, and he would like to see Reading Center made more vibrant. Joe Westerman of 17 Avon Street noted that getting out of Avon Street onto Main has become a challenge. He also noted that the overflow from the landfill is greater than represented. He noted that the Northshore Shopping Center residential areas were turned into streets, and that national chain stores don't contribute to the community. Walter Begonis of 281 South. Street noted that the 128 Interchange is the busiest in the Commonwealth. An increase of 1000 cars per day on South Street is cut through traffic. He also noted that we still don't know how much traffic Archstone and Longwood will generate. He noted that gateway to Reading, is traffic lights. What kind of impact will this have on the Route 128 Mass Highway Study? Chairman Camille Anthony responded that there will be a MEPA study done. Mr. Begonis urged the Board of Selectmen and CPDC to look for alternative uses for the property - perhaps mixed use. Paul Missert of 97 Red Gate Lane noted that residents want tax revenue but he wants to hear other options. He asked what this will do to his property value, and he urged the Board of Selectmen and CPDC to vote against it. ,5 6U L4 Board of Selectmen Meetine - Januarv 17. 2006 - Paae 5 Michelle Hopkinson of 21 Sherwood Road indicated that she has never been to a mall that has one way in and one way out. She feels that the Town is developing beyond its means. There needs to be a balance between commercial and residents. She asked if the Town considered purchasing it themselves, and it was noted that the property is assessed at $18 million and the Town could not afford it. State Representative Patrick Natale noted that he lives in Woburn. The Woburn Mall traffic is incredible the road was widened but too much is being funneled in. He has met with the developers and he'll do what the residents want. He thinks that the project is too big and he still doesn't understand the numbers. He has a vote of Mass Highway, and he would be shocked if Mass Highway approved this plan. Paula Gentile of 393 South Street noted that she bought her house with hard earned money, and didn't buy it to move next to a mall. Bob Frazier extended an opportunity for residents to speak with Engineers on Thursday. He noted that they are committed to working with the residents, and that he was directed to study South Street. He also noted that the project cannot be downsized much because it is not economically viable. Jeff Everson indicated that he would like to see a detailed written explanation justifying the 80%, 15% and 5% for the meeting on Thursday. Attorney Latham noted that would require a lot of work and it would not be possible to have that for Thursday. He feels that it would be more appropriate to provide that at the CPDC Meeting. Chairman Camille Anthony asked CPDC what the process would be. Dick Howard indicated that if they get the zoning, then they would apply for a special permit, then get MEPA approval, then expand the scope of the traffic study. There are issues of buffering, emergency access, drainage, etc. Mr. Howard noted that CPDC would pass the zoning proposal onto Town Meeting with a recommendation of "yes" or "no." Chairman Camille Anthony noted that access is the biggest problem. It can be done but what are the results and affect on the community. Tom Laughlin of 24 Oak Street noted that he works for Mass Highway and to base a report on 80% and 15% without backup is ridiculous. He also noted the entire project is based on it and he asked where it came from. He noted that the width of the bridge and level of service are unacceptable, and they didn't show future counts or what the delay is at different points. Chairman Camille Anthony noted that a zoning change is a huge change for the community. It impacts the quality of life. Chairman Anthony read a letter from Selectman James Bonazoli into the record because he was unable to be present. S~' Board of Selectmen Meeting - Januarv 17. 2006 - Paae 6 Dick Howard asked when CPDC will see the proposed zoning, and Attorney Latham responded probably next week. Bob Frazier noted that he was under the impression that there would be a Special Town Meeting. The Town Manager noted that is up to the Board of Selectmen to decide, and that this is a big issue and should probably stand on its own. Ben Tafoya noted that Mr. Frazier has had conversations with the neighborhood but not the community. He also clarified that at no point did the Board of Selectmen discuss a delay in the process. Selectman Tafoya also noted that the I93/I95 Interchange project was traumatic for these residents, and he doesn't feel that this project will work at this site. A motion by Tafoya seconded by Duffv to adiourn the meetine of Januarv 17, 2006 at 11:00 p.m. was annroved by a vote of 4-0-0. Respectfully submitted, Secretary sale Board of Selectmen Meeting January 21, 2006 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 9:15 a.m. in the Town Hall Conference Room, 16 Lowell Street, Reading Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya as well as Board of Assessors' Members Tom Ryan, Bob Nostrand and Ralph Colorusso. Also present were Assistant Town Manager/Finance Director Bob LeLacheur, Town Manager Peter Hechenbleil er, Town Accountant Gail LaPointe, DPW Director Ted McIntire, Police Chief James Cormier, Fire Chief Greg Burns and Appraiser Dave Billard. (Library Director Ruth Urell arrived at 9:45 a.m.) ]Discussion/Action Items Review FY 2007 Budgets - Town Accountant Gail LaPointe presented an update on the FY07 revenue forecast. We should know more about the State Aid figure within a week when the Governor releases his budget for the Commonwealth for FY07. Chairman Camille Anthony expressed some concern about the $270K drop in MSBA reimbursement (for the expected audit results of the two middle schools). On the expense side, the Assistant Town Manager presented an overview of the budget. The expense budget for the Town is comprised of level service costs in a green column, and additional requests in a blue column.. As submitted, the level service budget cannot be funded by the expected Town revenues based upon historic expense allocations among School/Town/Building Maintenance. Library Director Ruth Urell arrived (despite a previous commitment) and mentioned that the Board of Library Trustees is posted to meet on Saturday, January 28th as previously agreed, and she would prefer to defer all discussion on that budget until next week. The Board of Selectmen agreed. The first budget presented in detail was that of the Assessors in order to make the most efficient use of the Board of Assessors' time. For FY07, the Board of Assessors submitted requests for a $28,400 to fund an outside consultant to recollect the personal property (a requirement for FY08), and another $18,000 (plus benefits) to turn a part-time position of Associate Appraiser into a full-time position. After this presentation, the Board of Assessors and Appraiser left the meeting. Chairman Camille Anthony asked to present the remainder of the department budgets to allow some Department Heads to also be able to leave the meeting. The Town Manager responded that members were there as a team, as re-enforced by a Retreat on the previous day, and all would prefer to stay for the duration. S4 Board of Selectmen Meetins - January 21. 2006 - Paize 2 The following budgets were then presented: Accounting, Public Safety (Police, Fire and Dispatchers), Public Works, Community Services and Finance. The Board came up with a list of requests for additional information from each department for next week. On motion by Schubert seconded by Duffv. the Board of Selectmen voted to adjourn their meeting of Januarv 21. 2006 at 12:00 noon by a vote of 5-0-0. Respectfully submitted, Secretary Board of Selectmen Meeting January 24, 2006 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 Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Town Engineer Joe Delaney, Fire Chief Greg Burns, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Fire Captain Peter Marchetti, Fire Lt. Richard Puopolo, Fire Fighters Ryan Buckley, Joseph Lapolla, Daniel Pouliot and Michael Holmes, Geoff Howie and John Diaz from GPI. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Ben Tafoya noted that he attended the CPDC Meeting last night. The Selectmen's comments regarding Stop & Shop were made and reviewed. Chairman Camille Anthony asked about the lights at the Danis' property. The Town Manager noted that they are decorative fixtures that are very bright and the developer is correcting. Chairman Anthony noted that she attended the Substance Abuse Prevention Advisory Committee Meeting last week. The Committee feels that they were side stepped but made a motion to support the new endeavor of initiatives against drug abuse. Town Manager's Report The Town Manager gave the following report: • Fires - We have met with several of the businesses displaced by the two fires last week, and have offered to meet with all of them and also with the property owners about their plans to rebuild. • We have received a check from Northrop Grumman in the amount of $547,341 in settlement of the unsatisfactory installation of the remote meter reading system for our water meters. We have bid and awarded the installation of a replacement system which will include the replacement of the water meter and remote reader. This replacement is a multi-year process. • The Conservation Commission recommends a modification to the Motiva permit for 24 hour operation to change the date to a more reasonable time to perform. You have a motion in your packets. A motion by Schubert seconded by Bonazoli to amend the Motiva Enterprises permit to operate 24 hours a day by chaneina from May 1.2006 to July 31, 2006 for the deadline for removal of sediments in Walkers Brook. Upon the advice of the Conservation Commission, was approved by a vote of 5-0-0. SG Board of Selectmen Meeting - Januarv 24. 2006 - Pace 2 • Due to the storm, Monday's trash collection will be delayed until Tuesday. The trash hauler hopes to catch up on Tuesday so that the rest of the week is on schedule. • Here is some information from our Veteran's Agent on the OIF/OEF Operation Iraqi/Enduring Freedom bonuses. The State Treasurer's Office, Veterans' Bonus Division, will administer this new bonus to Veterans of the Global War on Terrorism. You are eligible if you meet the following criteria: o Six months domicile in Massachusetts immediately prior to entry into the Anned Forces Service beginning September 11, 2001 and discharge under honorable conditions. o Service members who served active duty in Iraq or Afghanistan receive $1,000. o Service members with six months or more active service, Stateside or outside the continental limits of the United States receive $500. 0 The 350th Celebration Committee has awarded the Library full funding to begin a Historical Preservation project, to catalog and preserve local history materials. This will allow us to provide broader and remote access to the collection, and make a digital archive at the same time. • I have sent the following message to all correspondents re: the Verizon contract: "Thanks for your e-mail supporting a Cable TV franchise with Verizon. The Town supports competition in Cable TV service, and has been working hard to reach an agreement with Verizon. However, it is in the best interest of the community to have the right agreement - one that protects the interest of the community and its residents. We hope that we will be able to achieve that goal, and have set January 25th as the date by which we expect to accomplish this. You might want to consider writing to Verizon also and ask them to do their best to reach an agreement that is appropriate for this community." We have a meeting with DEP scheduled this week to review the issues related to the potential purchase of MWRA water as our exclusive source. We will report to the Board of Selectmen on the results of that meeting. Chairman Camille Anthony and Selectman James Bonazoli will be attending representing the Board. Personnel and Annointments Badge Pinning - Fire Captain Peter Marchetti. Fire Fighters Rvan Bucklev. Joseph Labolla and Daniel Pouliot - Fire Chief Greg Burns introduced the Fire Fighters. He noted that Peter Marchetti has been promoted to Captain. Chief Burns introduced the new Fire Fighters, and their family members pinned on their badges. 20 Year Service Awards - Lt. Richard Puopolo. Captain Peter Marchetti. Fire Fighter Michael Holmes. Fire Chief Greg Burns introduced the Fire Fighters, and presented the 20 Years of Service Awards to them. Discussion/Action Items Approve the Conservation Restrictions - 248 Main Street - Carter and Coleman - The Town Manager noted that the State has approved the conservation restrictions and now the Selectmen need to approve it. SC/ Board of Selectmen Meeting - January 24. 2006 - Page 3 A motion by Schubert seconded by Tafova to approve the conservation restriction for the Carter and Coleman vroperty at 248 Main Street as approved by the Reading Conservation Commission on November 16. 2005 was approved by a vote of 5-0-0. Annrove Traffic Control Agreement - Downtown Improvements Program - Town Engineer Joe Delaney was present to review the Downtown Improvements Program. He noted that several stop signs will be installed in State regulatory areas. Lowell Street will be made one way southbound from Salem Street. There will be two new Right Turn Only lanes. Selectman James Bonazoli asked if we are adding parking or losing parking. Joe Delaney noted that we will lose in some places and add in others. Chairman Camille Anthony noted that at Chapin and Main northbound, the parking here to corner is 15 feet behind the one hour parking. Joe Delaney noted that bids for the Downtown project will be advertised on April 1, 2006. The funding is in place. Once we get to 1005 design, it's out of our control and the State takes over. Chairman Camille Anthony asked what they will do first, and Joe Delaney noted that the entire pavement will be removed down to the gravel on Main Street. This will be a two construction season project. We will have to work with store owners regarding access when we get to that point. Vice Chairman Richard Schubert asked what authority the Town has if things don't go too good. Joe Delaney indicated that we have none but noted that we worked closely with the contractor of the Route 129 project. A motion by Schubert seconded by Bonazoli to approve the amendments to the draft agreement between the Commonwealth of Massachusetts Hiahwav Department and the Town of Reading for the Federal Aid Agreement No. 43472 was approved by a vote of 5-0-0. Review West Street Plans - The Town Manager noted that we have been working on West Street improvements for a long time. Joe Delaney noted that the reconstruction will be from the Woburn City line to Longwood Road. We are proposing five foot cement sidewalks and will do curbs. Geoff Howie and John Diaz from GPI were present. Mr. Howie noted that we are headed to the 25% design. He also noted that the 25 year design didn't work out so we need a dedicated right turn lane onto Woburn Street which will require land takings on a couple of properties. He noted that Alternate 1 has three lanes with four foot shoulders. Alternate 2 is similar with a right turn lane with substandard shoulders - we would need a waiver from Mass Highway to do this. Alternate 3 works within the layout without a dedicated right turn lane. Joe Delaney noted that Mass Highway likes four foot shoulders for bike access. He suggests going to Mass Highway with Option 3, fall back on Option 2 and forget Option 1. 5G3 Board of Selectmen Meeting - Januarv 24. 2006 - Page 4 Vice Chairman Richard Schubert noted that this is a historic district, and it is important to maintain the balance of a historic district. He also noted that land takings should not be considered, and he hopes Mass Highway will consider a waiver. The Town Manager noted that the signals should be decorative and maybe do some brick work. Vice Chairman Richard Schubert asked about traffic calming measures, and Mr. Diaz noted that Mass Highway doesn't encourage traffic calming on arterial routes. Joe Delaney noted that they will be meeting with the West Street Historic District Commission. Selectman Ben Tafoya noted that at the MMA Meeting, it was noted that Mass Highway is trying to make the design process more friendly for the Towns. The Town Manager suggested discarding Option 1 because of land takings. He noted that Option 3 will not work with the level of service. The consensus of the Board is to go with Option 3. Mr. Diaz noted that the new crosswalk will be located at King to Winslow instead of the original one which is midway. He also noted that there will be a Crossing Guard, and the Town can consider such things as flashing beacons, lights in the pavement, fluorescent green signs, etc. Mr. Howie noted that they are proposing a signal conduit at Willow at West as a traffic calming effort. Amending Policv on Nurse Advocacv Task Force - Selectman James Bonazoli noted that Elder Services Administrator Dawn Folopoulos has indicated that there is difficulty in getting a quorum and would like to lower the number of members. A motion by Bonazoli seconded by Schubert to approve the amendment to the volicv on the Nurse Advocacv Task Force by reducine the number of members to five was approved by a vote of 5-0-0. Town Manager Evaluation - Selectman James Bonazoli noted that there were six goals. The overall performance was 1.833 with 1 being the best on a scale of 1-5. He would like to hear Department Head input. He also noted that for Goal #1, he rated a 2. He feels that Peter has made improvements but is too dependent on the residential tax base. He would like to see more grant writing. Goal #1- Enhance and Maintain the financial strength of the community in order to have the resources to accomplish its priority services. Selectman Ben Tafoya noted that there needs to. be an Economic Development Committee. He also noted that Archstone and Johnson Woods are residential. He noted that the Town Manager filled a number of key positions, and he rated this category 2.25. 5a . q . Board of Selectmen Meeting - Januarv 24. 2006 - Page 5 Selectman Joseph Duffy noted that Peter's self evaluation was very good, and he would like to see a less informal evaluation. He rated him 1.50 on all goals. Vice Chairman Richard Schubert noted that the role of Town Manager in Reading is challenging and the Town Manager sets high standards. He is pursuing developments and Downtown improvements. He rated this category 1. Chairman Camille Anthony noted that the Town Manager is actively involved in the water supply. He restructured the Finance Department which was a winning situation. She also noted that we need to establish an Economic Development Committee. Goal #2 - Develop and maintain infrastructure in a manner that reflects the community investment and financial support for its construction and development. Selectman Ben Tafoya noted that a DPW study would help with better communication regarding the status of projects. He feels that the sidewalk program should be part of the Capital Improvements Plan, and the Board does not get much analysis of the CIP. He rated this category 2.25. Selectman James Bonazoli noted that he was very impressed with the 10 year capital plan and noted that through leadership, the school has adopted one. He rated this category 1.50. Vice Chairman Richards Schubert noted that the struggle is with funding. The lack of focus on the CIP is because there is no money. He rated this 1. Chainnan Camille Anthony noted that the CIP has not been a priority. She suggests a Financial Forum. She feels that we need to make the DPW study a priority. She would like to hear from Department Heads on capital needs. Goal #3 - Maintain and further enhance open communications and relationships within Town government and between Town government and its residents. Selectman Ben Tafoya noted that communication in Town Government is very good and referred to the joint meeting with CPDC. He also noted the implementation of Reverse 911. He feels that we need to do a better job of seeking input from the community - perhaps a survey. Selectman James Bonazoli noted that this is crucial to the success of all goals. He also noted that Peter did a great job with Reverse 911. He finds the highlights very helpful but feels that communication within the department level needs to be improved; i.e., permitting, work flow documentation. He noted that the website is okay but could be better. He would like to see more efforts put on technology and workflow management. Vice Chairman Richard Schubert noted that the Town Manager is working with smaller staff and is using technology when possible. E-mail is a good tool, and we need tools to make sure things don't get lost. 5 C/ Board of Selectmen Meetine - Januarv 24. 2006 - Paae 6 Chairman Camille Anthony noted that the Board is getting more calls from citizens who are not getting information they need from Town Hall. There needs to be a process and someone needs to own it. Also, there is always the question of who responds to the e-mails. She would also like a detour fact sheet. Goal #4 - Support public health and safety as priority local services, with assistance from Federal, State and regional resources. Selectman Ben Tafoya asked where we are with Homeland Security. He noted that the knowledge exists with staff. He also noted that setting up the Veteran's District was a job well done. Selectman James Bonazoli noted that the Town Manager has always done a great job in this area. Vice Chainnan Richard Schubert noted that the community has high expectations and the departments do a good job. Chairman Camille Anthony noted that the community responds well to emergencies. She had concerns regarding terrorism but found out that we are already doing things but she doesn't know what we are doing. The Town Manager noted that we need to communicate to the public how we would communicate to them. He suggests an Executive Session brief on Homeland Security. Goal #5 - Continuously evaluate and improve the services the Town provides and how the services are delivered. Selectman Ben Tafoya noted that the Town's website needs a lot of work. He also noted that the GIS is fantastic. Selectman James Bonazoli noted that technology is not the only answer. He noted that training in customer service and satisfaction would be helpful. He's getting a lot of calls from residents. Vice Chairman Richard Schubert noted that local government has the fewest resources to reap rewards of technology. He also noted that inspections and permitting need improvements. Water is very important. He also made noticeable mention of the GIS person, the Verizon contract, and the expanded coverage of Boards, Committees and Commissions meetings. Chairman Camille Anthony noted that the presentation at Town Meeting has improved. GIS is great and she would like to see customer service technology. The Town Manager noted that the website is not customer friendly but there is some good information on it. He also noted that we are doing billing on line. He noted that there is staff limitations with only two technology people.. He feels that the employees do a great job with customer service. He feels that the community is changing and' becoming much more demanding so the expectations will never be met. He noted that there is an increased level of activity in the community. V 5G Board of Selectmen Meetinc - Januarv 24. 2006 - Paae 7 Goal #6 - Utilize strategic planning on all levels to provide a framework for decision making Selectman Ben Tafoya made note of the master plan, the mixed use bylaw, team building with management staff, and also noted that a lot of time has been spent on the water issue. Selectman James Bonazoli noted the master plan and is pleased with increased communication. He would like to see departments come up with their own plans of what they envision. Vice Chairman Richard Schubert noted the Addison-Wesley project and the use of the Master Plan as a tool. Chairman Camille Anthony noted that the Master Plan is incredible and the true test will be implementation. Chairman Camille Anthony noted that in the Town Manager's self evaluation, there was a comment that employees feel efforts are not appreciated by the Board. The Town Manager noted that the Board of Selectmen need to be more involved in the team building process. He also noted that the Department Heads appreciate and respect the Board of Selectmen. Selectman James Bonazoli noted that a Board of Selectmen goal and objective could be more efficiency and not add more meetings and work. Vice Chairman Richard Schubert noted that on a scale of 1-5 with 1 being the highest, the Town Manager has an average score of 1.59. Annroval of Minutes A motion by Schubert seconded by Bonazoli to annrove the Minutes of December 6. 2005. as amended, was annroved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to annrove the Minutes of December 7. 2005 was annroved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to annrove the Minutes of December 13. 2005 was annroved by a vote of 5-0-0. A motion by Schubert seconded by Tafova to annrove the Minutes of December 19. 2005 was annroved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to annrove the Minutes of December 20. as amended, was annroved by a vote of 5-0-0. A motion by Schubert seconded by Tafova to annrove the Minutes of Januarv 3. 2006 was annroved by a vote of 5-0-0. s~' Board of Selectmen Meeting - Januarv 24. 2006 - Paae 8 A motion by Tafova seconded by Bonazoli to adjourn the meeting of Januarv 24, 2006 at 11:02 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 5 G8 Board of Selectmen Meeting January 28, 2006 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 9:00 a.m. in the Town Hall Conference Room, 16 Lowell Street, Reading Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya as well as Library Board of Trustees Members Victoria Yablonsky, David Hutchinson, Susan Hopkins Axelson and Karen Brown. Also present were Assistant Town Manager/Finance Director Bob LeLacheur, Town Manager Peter Hechenbleikner, Town Accountant Gail LaPointe, Library Director Ruth Urell, Fire Chief Greg Bums, Police Chief James Cormier and DPW Director Ted McIntire. Discussion/Action Items Review FY 2007 Budgets - Town Accountant Gail LaPointe presented another update on the FY07 revenue forecast. The Governor released his budget for the Commonwealth for FY07, and it included some increases for the Town of Reading. On the expense side, the Assistant Town Manager presented an overview of the debt structure of the Town. This analysis depicts the debt from several angles including how much net of MSBA the various fiscal years' budgets will need to fund through the year 2027. . The Library budget was presented with discussion from the Library Board of Trustees about their priority additions to the FY07 budget including a long-term study (agreed as the highest priority), more materials funding, additional hours for the Technology Librarian, and four more open hours for the public. Department Heads then responded to previous questions presented by the Board of Selectmen last week. The Town Manager discussed the capital plan; DPW Director Ted McIntire reviewed the pavement management plan and snow and ice history; and Police Chief Cormier and Fire Chief Burns described the impact on their departments by recent commercial development. The Board of Selectmen requested that the addition of a Permits Coordinator and/or software be studied. These expenses would be fully funded by an increase in permit fees. After reviewing their goals, the Board of Selectmen instructed the Town staff to add the following items to the FY07 budget:. ♦ Snow and Ice ($25,000) ♦ Increase Health Inspector hours ($9,235 wages) ♦ Increase Public Health Nurse hours ($8,053 wages) e Revaluation for Assessors ($28,400 expense) s Library long-range plan ($17,250 expense including 15% bump in materials) ♦ TBA Town Manager's salary review 5~"1 Board of Selectmen Meeting - Januarv 28. 2006 - Pate 2 The Board of Selectmen listed these items as their next priorities if more FY07 funds became available: ♦ Police Business Administrator ($71,500, $55,000 wages and $16,500 benefits) e Playground mulch ($4,000 expenses) ♦ DPW long-range plan ($25,923 in expenses plus other funding from the enterprise funds) ♦ Increase hours for GIS Coordinator to full time ($22,457 wages) ♦ Web site improvements ($12,528 expenses) ♦ Customer service training/software ($12,552) ♦ Assessors' position to full time ($28,800, $18,000 wages and $10,800 benefits) On motion by Bonazoli seconded by Tafova. the Board of Selectmen voted to adiourn the meetint, of Januarv 28. 2006 at 12:00 noon by a vote of 5-0-0. Respectfully submitted, Secretary ~~z Board of Selectmen Meeting February 7, 2006 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 Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectman Ben Tafoya, Police Chief Jim Cormier, Library Director Ruth Urell, RMLD General Manager Vinnie Cameron, RCTV Executive Director Phil Rushworth, Recreation Administrator John Feudo, Town Engineer Joe Delaney, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Mary Ellen O'Neill, George Hines, Bill Carrick, Police Officers Sean Wilson, Ian Nelson and Richard Abate, Andrea Mercado, Andrew Herlihy, Jane Parenteau, Paula O'Leary, Jack Kyle, John Greichen, Marcel Dubois, John Carpenter, Gail Wood, Ryan Percival. Reports and Comments Selectmen's Liaison Reports and Comments - Vice Chainman Richard Schubert noted that he hosted the Board of Selectmen Office Hours this evening, and one citizen was present inquiring about the decision on the water supply. He also noted that people have asked about the role of Jeff Everson in the Addison-Wesley process, and he noted that Mr. Everson is a resident who belongs to "Reading First" and the Interchange Task Force. Selectman Ben Tafoya noted that he asked Jeff to take a look at the study to help clarify. Vice Chairman Schubert noted that this is an emotional issue, that there is a process that the cormmunity needs to go through, and people need to respect each other and agree to disagree. Vice Chairman Richard Schubert noted that the Initiative Against Substance Abuse is ongoing, and the goal is to come up with the framework on how to move forward with a program, hopefully, by March. He will be attending the meeting on Thursday in Chainman Camille Anthony's absence. Selectman Ben Tafoya asked for a full update at the next fall Board meeting. Public Comment - George Hines noted that there have been two meetings. He feels that the direction isn't set, and he advocates that the Board of Selectmen have ownership and give direction. He also noted that the Selectmen need to appoint a Chairman and take ownership, and that a single staff liaison person is needed. Bill Carrick noted that organized leadership is needed and someone to take Minutes. George Hines noted that it would also be helpful to have pharmacists or doctors on the committee. S~~ Board of Selectmen Meetina - Februarv 7. 2006 - Pate 2 Town ManaLyer's Report The Town Manager gave the following report: • RCTV has been getting complaints that they are "running advertisements" for the Lifestyle Center project on the Addison-Wesley project. The nature of Community Access for Cable TV is such that any member may produce at his/her expense any program. The recent programs are not produced by RCTV but by members. If any RCTV member in an opposing point of view wants to do a program, they are welcome to do so. In addition, RCTV has received what they perceive to be threats to RCTV and staff about this matter. If this is true, this is certainly not appropriate behavior towards RCTV and its staff who do a great job in getting a broad range of community programming on the air for the community to use to be informed. • In your packet this evening is a draft revised Mission Statement and Goals Statements that Bob LeLacheur has put together for your consideration. Bob LeLacheur noted that he reorganized the Goals Statement, and noted that departments do use these goals in their planning. Vice Chairman Richard Schubert noted that this issue deserves full Board participation. • In your packet this evening is a revised listing of "FY07 - General Town Budget - Significant Additions" put in draft priority order based on the Board of Selectmen's review of the priorities and goals. • Police Chief Jim Cormier has put together the written analysis of the Walkers Brook Crossing impact on Police services as presented to the Board of Selectmen at their last budget session. Chief Burns has put together similar information which is in your material this evening. • I attended a meeting last Friday that Lt. Governor Kerry Healy held in North Reading. Much of it was a re-cap and additional information about the Governor's proposed budget. I asked specifically about Sewer Debt Relief, and was told by Representative Jones that he would not anticipate any less than the $12.5 million that was included in last years budget, and that it could be as much as the $25 million requested by the MWRA Advisory Board. • We had a meeting with DEP last week to review the issues related to the potential purchase of MWRA water as our exclusive source. We will report to the Board of Selectmen in a future meeting on the results of that meeting. Chairman Camille Anthony and Selectman James Bonazoli attended representing the Board. • The six-month legal services financial status report is attached. This does not include the services of Special Counsel for Cable TV - I do not have his bill yet. • In your packet this evening is a chart comparing salaries of Town Managers from comparable communities. While we need the Board of Selectmen to establish the salary as soon as possible so that we can finalize the FY 2007 proposed budget, the Board may want to wait until you have a full Board present. Vice Chairman Richard Schubert noted that setting the Town Manager's salary will be done at the next meeting with a full Board. ~,I/ . Board of Selectmen Meeting - Februarv 7. 2006 - Page 3 Personnel and Appointments Badge Pinning Police Officers - Chief Jim Cormier introduced the three new Police Officers who graduated from the Academy on January 13, 2006. Police Officers Sean Wilson, Ian Nelson and Richard Abate's badges were pinned on by the designated family members. Discussion/Action Items Highlights - Library - Library Director Ruth Urell and Reference Librarian Andrea Mercado were present. Ruth Urell noted that the mission is to be the best Library we can. She noted that they keep track of trends. They share approximately $60,000 books per year, and they collaborate and coordinate with the schools. They serve the needs of non-traditional students, and they have volunteers who bring books to the homebound. They add 40 books per week to the collection and they offer cultural programs. Andrea Mercado noted that the computers used to be old and slow and lacked consistency. There were also constraints on security levels, and they received numerous patron complaints. They now have 14 new terminals for a total of 24 with 22 being hooked up to the internet. Remit by CAB Representative Marv Ellen O'Neill re: Cal-Dine - CAB Representative Mary Ellen O'Neill, RMLD General Manager Vinnie Cameron, RMLB Member Andrew Herlihy and Light Department employees Jane Parenteau and Paula O'Leary were present. Mary Ellen O'Neill noted that Calpine was a supplier who went into bankruptcy. There is money in escrow to ensure perfonnance of the contract. The contract was terminated at the end of December, and power is being purchased through another company at a higher cost. The RMLD is using reserves and increasing rates to cover the increase in cost. 'The average increase will be $3.50 per month. Vice Chainnan Richard Schubert noted that the customer's rate increase will be refiinded when the case is settled. The Town Manager noted that the Town of Reading is also a customer. Vinnie Cameron distributed a handout showing an analysis based on 2005 numbers that indicates that there could be an increase of $226,000 for the Town buildings. Mr. Cameron noted that they are looking at legal strategies to get the money released. Selectman Ben Tafoya asked when this will go into effect. Mr. Cameron noted that it will start in March and continue to the end of August. He also noted that the escrow money is outside of the bankruptcy state, and the RMLD is not a party to the bankruptcy court. The contract was supposed to expire October 2007 and the rates would have increased then. Vice Chainnan Richard Schubert asked how this will be communicated to the public, and Mr. Cameron indicated that they will be doing a press release and they can do a mailer with the bills. Mr. Cameron noted that in 2000, they made the decision to go with Calpine because all the others went bankrupt. He also noted that deregulation has not been successful, and that three major bankruptcies have occurred since deregulation. The RMLD customers have enjoyed stable and low rates but that will change. 5~3 Board of Selectmen Meetiniz - Februarv 7. 2006 - Page 4 Adobtins "Reading Youth Snorts Sportsmanship Partnership Handbook" - Recreation Administrator John Feudo was present. He noted that he met with the Police Department and youth organizations for input on the handbook. He is asking for the Board of Selectmen's stamp of approval of the handbook. The handbook promotes good sportsmanship with coaches and parents. There will be training for staff to teach parents. Vice Chairman Richard Schubert commended John Feudo and his group for putting this together. He asked if there was a plan to monitor or enforce. John Feudo noted that there are no consequences for not following the policy, but organizations have their own way of dealing with situations. He also noted that he is hoping to get signs posted at each park with expectations. Vice Chairman Richard Schubert asked who was involved in the process. John Feudo noted Jack Kyle (who was present), Mike Sheedy, David Gray and Frank Driscoll. Jack Kyle noted that this is an opportunity to be proactive and is a great idea for the Town. This is community policing. He also noted that children should be having fun. A motion by Duffv seconded by Tafova to accept the "ReadinLy Youth Sports Sportsmanship Partnership Handbook" as a positive statement of the expectation by the communitv of the expectation of Wavers, coaches, parents, fans and officials in their behavior in participatinup, in sports activities in the Town of Readine was approved by a vote of 3-0-0. Hearinv - Parks Rules and Regulations - The Secretary read the hearing notice. The Town Manager noted that the Recreation Division reviewed the Rules and Regulations Relating to Parks, Playgrounds and Recreation Areas. They recommend adding that no person or business can use the tennis courts, fields, etc. to derive a profit. They also recommend adding under enforcement that violation will be subject to a fine or arrest. Another recommendation was to indicate that the parks close at sundown. Selectman Ben Tafoya asked if the Recreation Committee approves of these changes, and John Feudo noted that they do. Community Policing Officer Jack Kyle noted that Lt. Robbins asked him to speak on his behalf, and indicated that this will help the Police to do their job better. A motion by Duffv seconded by Tafova to close the hearinLy on the Parks Rules and Regulations was approved by a vote of 3-0-0. A motion by Duffv seconded by Tafova to approve the amendments to Section 4.2 of the Board of Selectmen Policies was approved by a vote of 3-0-0. Report T-TAC and RCTV - T-TAC Chairman John Greichen, RCTV Executive Director Phil Rushworth, RCTV Board Members Marcel Dubois, John Carpenter and Gail Wood were present. Board of Selectmen Meeting - Februarv 7. 2006 - Pate 5 John Greichen noted that T-TAC and RCTV had three meetings. They set goals to fill the open Board position, review and update the RCTV Bylaws, approve a three year capital plan, establish fund raising strategies, revisit the RCTV Mission Statement, establish a strategic planning committee, adopt a RCTV Board of Directors code of ethics policy, work with the Town and T- TAC on the Verizon contact, review the Executive Director's performance, establish goals for the Executive Director, approve a policy and procedures manual, establish fundraising goals for 2006, and examine options for future home for RCTV. Marcel Dubois noted that the evaluation of the Executive Director and setting goals could not be rushed and need to be done correctly. They established a fundraising goal of $6000 which is more realistic. They are exploring options for a future home for RCTV, they approved a RCTV employee handbook, they have established Board workshops including programming philosophy, strategic planning, community feedback and review of policy documentation. John Greichen noted that community feedback is important and should be done ASAP. The Town Manager noted that RCTV and T-TAC were involved in the working group for Verizon. There will. be involvement from both groups in the Comcast renewal - that comes under strategic planning. Selectman Ben Tafoya asked if there is a guidebook or classes to learn how to produce? Phil Rushworth responded that they have classes and they give out rules. They do special classes for people in need; i.e., churches. Mr. Rushworth noted that they do produce some programs such as the Selectmen's Forum, Ask the Town Manager, etc. They do election coverage and debates. He also noted that they are not allowed to endorse. Selectman Ben Tafoya noted that RCTV is being used to promote a for profit operation and he feels uncomfortable with that. There were also public meetings held on the same subject and weren't given the same amount of air time. Mr. Rushworth noted that the Selectmen's hearing was aired the same amount of time but didn't seem like it because the Selectmen's hearing was four hours long. He also noted that the program carmot be a commercial or have a call to action. The program was not asking for money or asking the viewer to do something. He cannot pull the program - only a Judge can order that. Gail Wood noted that this is public access television and democracy is being shown. They are entitled to their opinion. Marcel Dubois noted that running the program doesn't guarantee that it will work in their favor. He also indicated that Phil Rushworth knows the rules, and the Board of Directors rely on him for direction. ~~5 Board of Selectmen Meeting - Februarv 7. 2006 - Paize 6 Mr. Rushworth noted that RCTV did not receive any money or produce the program. He also noted that if anyone wanted to do a program against it, there are crews willing to produce anything. Vice Chairman Richard Schubert asked what RCTV's space needs are. Mr. Rushworth noted that they are looking for approximately 3500 square feet of space in a couple of years. Hearing - Amending Drain Lavers License Fees - The Secretary read the hearing notice. The Town Manager noted that Town Engineer Joe Delaney is going to work for the State. Civil Engineer Ryan Percival is present tonight with him. The Town Manager noted that the current license drain layers fee is $25.00, and he recommends updating the fees. Joe Delaney noted that he proposes a two tier fee. A. higher fee of $100.00 for the first time and $75.00 for renewal. He also noted that the first time involves a lot of work such as checking references, etc. The Town Manager noted that the sewer connection fee is currently $25.00 for residential and con,irnercial, and he recommends $75.00 for both. Selectman Ben Tafoya asked what the insurance requirements are, and Ryan Percival noted that $2500 is pretty standard. A motion by Tafova seconded by Duffv to close the hearine on amending the drain lavers license fees was approved by a vote of 3-0-0. A motion by Duffy seconded by Tafova to approve the amendments to the drain lavers license fees and sewer connection fees as follows: Drain Lavers: First time Drain Lavers license fee - $100 Annual Renewal of Drain Lavers license - $ 75 Sewer Connection Inspection Fee Residential and Commercial $ 75 was approved by a vote of 3-0-0. Follow Up - I/93 Containment - Joe Delaney noted that Ryan Pefcival will be the lead man in water issues when he leaves. He also noted that a draft report regarding I/93 containment was presented in October 2005. They have met with Mass Highway who was in favor of the toe slope. The key issue is the MWRA. If the Town abandons its well fields, then we don't need to protect them. He suggests waiting until a decision is made before going any further. 6~ 6 Board of Selectmen Meeting - Februarv 7, 2006 - Pate 7 Presentation on Sewer I/I - Joe Delaney noted that the purposed the Sewer I/I Program is to correct incorrect connections to the sewer system. There are 140 known residents with sump pumps in the sewer system. The Town will be sending them a letter asking them to remove. He suggests that the Town look into building additional drainage systems. Joe Delaney noted that the sewer lines are inspected with television. Joint tests and sealing is done, root treatment is done, and manholes are sealed and lined. The Town Manager noted that lowering the inflow and infiltration will lower our rates. Review Town Meeting Draft Warrant - The Town Manager reviewed the draft Warrant consisting of 27 Articles. He noted that the Selectmen need to acknowledge receipt of the proposed amendment to Section 4.3.2.8 of the Zoning By-Laws. A motion by Tafova seconded by Duffv to acknowledge the receipt of the proposed amendment to Section 4.3.2.8 of the ZoninLy By-Laws and return it to the Communitv Planning and Development Commission for a hearing was approved by a vote of 3-0-0. Selectman Ben Tafoya requested that the Town Manager put discussion regarding the purchase of land on North Main Street on the next Agenda so the Selectmen can decide if they want to move forward with this. Abt)roval of Aareement - Health Insurance Extension - The Town Manager noted that the Selectmen need to approve the proposed agreement to extend the health insurance agreement until May 31, 2006. There will be a 4.9% increase for three months. A motion by Tafova seconded by Duffv to approve the health insurance agreement effective March 1, 2006 through Mav 31, 2006 was approved by a vote of 3-0-0. Approval of Minutes A motion by Tafova seconded by Duffv to approve the Minutes of Januarv 9, 2006 was approved by a vote of 3-0-0. A motion by Tafova seconded by Duffv to approve the Minutes of Januarv 25, 2006 was approved by a vote of 3-0-0. A motion by Tafova seconded by Duffv to adjourn the meeting of Februarv 7, 2006 at 10:45 p.m. was approved by a vote of 3-0-0. Respectfully submitted, Secretary s~~ r L c,GS COMMONWEALTH OF MASSACHUSETTS C~ EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY STEPHEN R. PRITCHARD Governor "Secretary KERRY HEALEY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor Commissioner February 16, 2006 Mr. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: Congratulations! On behalf of Governor Romney and Secretary Pritchard, it is my pleasure to inform you that your municipality has been awarded a Municipal Waste Reduction Grant. Reading will be receiving 9,454 consumer education mailers. Your grant is valued at $2,553. Since 1990, MassDEP has granted over $42 million in recycling equipment, household hazardous waste equipment, educational materials and technical assistance to municipalities throughout the Commonwealth. The expansion of grant offerings targeted at improving water conservation and air quality reflect MassDEP's ongoing commitment to working in partnership with municipalities to protect the enviromnent and improve the quality of life for Massachusetts residents. You will receive, under separate cover, grant paperwork outlining the terms and conditions of your grant. In the meantime, should you have any questions please call Amy Roth at (617) 292-5634. Thank you for your continued commitment to recycling and environmental protection. Sincerely, Jam ;s C. Colman. r-3 Assistant Commissioner 8 cc: Mr. Edward D. McIntire, Jr., Director of Public Works 00 Senator Tisei, Representative Jones and Representative Natale th.1 W k his information is available in alternate format. Call Donald M. Games, ADA Coordinator, at 1-617-556-1057. TDD Service - 1-800-298-2207. 61V T DEP on the World Wide Web: http:/Iwww.state.ma.us/dep Q* Printed on Recycled Paper Page 1 of 1 C Hechenblefter, Peter From: safinanj@att.net Sent: Wednesday, February 22, 2006 2:56 PM To: Reading - Selectmen; townmanager@cl.reading.ma.us Subject: Addison Wesley Development Dear Selectmen, Selectwoman, and Town Manager The recent Water Treatment Plant project was derailed (amongst other reasons) due to the prescence of SALAMANDERS on site. Shouldn't we extend the salve protection to the PEOPLE that must live adjacent to the proposed mall monstrosity? Sincerely, Nick Safina 221 South Street 2/22/2006 Page 1 of 1 Hechenbleikner, Peter From: Cormier, Jim Sent: Wednesday, February 22, 2006 3:02 PM To: Hechenbleikner, Peter Cc: Cormier, Jim; Halloran, Michelle Subject: FW: West St. Attachments: WEST St. businesses.doc Peter, This is the initial response to Mr. Sevigny re: West St.. I did cc you on this one. Michelle will follow up with him and let him what we're going to do w/ the signs. She has already begun speaking w/ M. Debrigard about it. Jimmy From: Cormier, Jim Sent: Wednesday, February 08, 2006 1:21 PM To: 'GerardSevigny@comcast.net Cc: Halloran, Michelle; Hechenbleikner, Peter Subject: West St. Good Day Gerard, I received your letter today re: the trucks on West St.. As you an I spoke at the bank the other day, the Safety Officer is looking into the signs. We will bring the issue up at the next Parking Traffic Transportation Task Force meeting for discussion. One of the issues we run into is their are a number of businesses that have exemptions (i'm attaching the list), and any truck delivering to that business. Also, the construction vehicles have to have access to the sites. We are aggresively stopping vehicles and finding 95% have legitimate use of the road. Some of the trucks are working for the Post Office and federal vehicles are exempt, although they do not display signs, they are sub contractors for the government. We will review your suggestion regrding the signs at the next PTTTF meeting, and i'll have the Safety Officer update you with the results. Thank you for your input and suggestions, we are trying to alleviate the issue but there are many factors impacting the enforcement. Chief James W. Cormier Reading Police Department 15 Union St. Reading, MA 01867 781-944-1212 2/22/2006 Hechenbleikner, Peter Page 1 of 2 C From: cnj4@aol.com Sent: Wednesday, February 22, 2006 10:01 AM To: Bob.Frey@state.ma.us; jcorey@cityofwoburn.com; Schubert, Rick; canthony@cdmtitle.com; jebarnes@mit.edu; bruen-n-bruen@comcast.net; rep. paulcasey@hou.state.ma.us; dac@cummings.com; rnrchambercom@aol.com; Ian.Durrant@state.ma.us; rep. mikefesta@hou.state. ma.us; jallagher@mapc.org; rgrover@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov; ehamblin@aol.com; rhavern@senate.state.ma.us; rep. brad leyjones@hou.state. ma.us; g-r@comcast.net; anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com; tmclaughlin@cityofwoburn.com; woburnbusiness@earthlink.net; paulderman@prodigy.net; andy.mofter@fta.dot.gov; rep.patricknatale@hou.state.ma.us; maureen@northsuburbanchamber.com; sueandmikes@comcast.net; psodano@stonesav.com; rstinson@wakefield.ma.us; dansullivan@assetleasing.com; etarallo@cityofwoburn.com; rtisei@senate.state. ma.us; billwhome@juno.com; swoelfel@mbta.com Cc: jblaustein @mapc.org; melissa.caIlan @hou.state.ma.us; tricia@lynchassociates.net; dcooke@vhb.com; ddizoglio@mbta.com; mdraisen@mapc.org; Adriel.Edward s@state.ma.us; rflorino@ci.stoneham.ma.us; Town Manager; Michael. Lindstrom @state.ma.us; blucas@mapc.org; elutz@hshassoc.com; amckinnon@hshassoc.com; thomaslmclaughlin@comcast.net; John. Mcvann@fhwa.dot.gov; Kenneth.Miller@state.ma.us; carmen.o'rourke@hou.state.ma.us; mary.pap@hou.state. ma.us; jpurdy@louisberger.com; kpyke@louisberger.com; Reilly, Chris; wschwartz@neighborhoodamerica.com; kstein@hshassoc.com; Tafoya, Ben; frederick.vanmagness@hou.state.ma.us; mossywood@juno.com Subject: "BENEFITS OF REDUCING TRAFFIC CONGESTION" Bob, You recently added discussion on "Benefits of Reducing Traffic Congestion" to the 193/95 website. Although everyone would agree that reducing traffic congestion is desirable, as usual, you provided no explicit means (or references) to estimate the extent that congestion would be reduced in terms of impacting home-to-office travel time for an average commuter. Thus, you have no means to determine whether any given redesigned interchange would actually help reduce commuter travel time on the average. Your myopic focus on merely a so-called local "solution" may serve to make matters worse. For example, during the summer of 2002, the primary emphasis was on weaving accidents. No discussion was ever given to show that weaving accidents were necessarily over represented. To eliminate those weaving accidents, you folks (ok, those people in engineering) proposed fully directional flyovers. Not mentioned was the fact that this approach would have allowed vehicles to traverse the interchange more efficiently and would flow at rate greater than the capacity of that section of Route 128 from Reading to Waltham, for example. This segment (i.e., my daily commute to Waltham) is frequently at LOS F (i.e., stop and go driving). That "solution" to eliminate weaving accidents would have lead to more rear end accidents and thus more incidents, congestion and longer commute times. It turns out that 70 percent of all rear-end accidents occur when the lead vehicle is stationary (i.e., during stop and go driving). See reference below. Of course, these are details likely to be overlooked by the Task Force where most members have no technical background or experience in accident reduction and congestion mitigation. In effect, you are using these members as civil highway engineers. Now, except for my distinguished colleagues, Jay Cory and Jim Gallagher, would you ever hire any of these folks as civil highway engineers at Mass Highway? In essence, you are utilizing Task Force members beyond their "pay grade" with a myopic focus on only 2/22/2006 8~ Page 2 of 2 a relatively small part of the problem and with no means to estimate the effectiveness of your "solutions."And... You want us to sell this to the community?? Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force, Citizen Advocates for Responsible Expansion (CARE) 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com REFERENCE Hendricks, D., Allen, J., Tijerina, L., Everson, J., Knipling, R., Wilson, C., "VNTSC IVHS Program Topical Report No. 1: Rear-End Crashes," Final Report, Omni Task RA1039-Intelligent Vehicle/Highway Systems (IVHS) Program (Contract No. DTRS-57-89-D-00086) Final Report, July 1992. ~a 2/22/2006 C C gc',S Hechenblelkner, Peter From: Linda Simard [Isimard@suffolk.edu] Sent: Thursday, February 23, 2006 2:01 PM To: Reading - Selectmen Subject: Addison Wesley Proposal Dear Selectmen, Along with many residents of Reading, I have read the articles and letters concerning the proposed retail development at the former Addison Wesley site. I have hesitated to become involved in the public discussion, in part because I am not an abutting neighbor. Recently, a letter to the editor resonated with me and prompted me to offer a few additional thoughts on this subject. The letter I am referring to wrote about the "Woburnization"of Reading (the Jordan's complex, the Spence Farm development and the new Walgreens in the center of town). The author of the article commented about the loss of beautiful, large trees at the site of the Spence Farm development and commented negatively about Reading for allowing the developers to "ride roughshod over us." The letter concluded by saying that we should reject the proposed life style center at the Addison Wesley site because it is further evidence of our "Woburnization." I comment about the letter because I agree with many of the sentiments expressed in that letter but these thoughts lead me to a different conclusion with regard to the Addison Wesley project. Whether we like or dislike the recent developments that have already occurred in town, the proposed project for the Addison Wesley site is not further evidence of "Woburnization". The life style center that is being proposed is emulated after one that exists and is very popular in Hingham. The stores that are suggested as tenants are not low end, large box stores but rather appealing small to medium size stores. How ironic it would be if we reject this project with stores like Whole Foods, while we wrestle with the consequences of the Spence Farms development. I agree wholeheartedly with the premise that the town of Reading should not let this developer, or any other, come into town and take control. Rather, we need to think creatively about how we can work with the developer of the project to respond to the concerns raised by residents and accomplish the collective desires of the town. I am writing this letter to. offer some ideas that I have not seen raised in the debate. Reading has many attractive features that make it a wonderful place to live. While we all are adjusting to the recent developments in town, we must recognize that this is evidence of the desirability of our location. At the moment, the Addison Wesley site is vacant and there is little or no traffic coming into or out of the property. Unfortunately, this state of affairs is not going to continue. The property is for sale and the current owner is not the Town of Reading (thus the town will not be choosing the next purchaser). If Reading chooses to reject the proposal to zone the parcel for retail use, we must ask ourselves, who is going to purchase this land and what use will they want to put it to? If we send the message that we do not want any retail uses at this location, it is possible (indeed some speculate likely) that a developer will purchase the land to build another high density, residential complex under Mass. General Laws Chapter 40B. This would occur at a time when the town is already faced with absorbing the impact of over 200 units at the Spence Farm development and over 150 town houses at the Johnson Farms development. If a developer sought to purchase the Addison Wesley site for a 40B project, the developer would be able to override the town's zoning requirements (including density requirements) and the town would have much less negotiation power to accomplish our desires. Overall, the town would have less say in the use of the property than it has regarding the current proposal. While it is uncertain if the next developer will seek to develop the land pursuant to Chapter 40B, it would be unreasonable for us to ignore this possibility and the position that it.would place us in (including traffic concerns, impact on our schools, etc.) While some have suggested alternative uses such as a hotel or office park, few developers are interested in such projects in the current economic market (in fact, we have a beautiful new office building across from the depot which is virtually empty). Since the property is for sale in the current market, we must consider what the current market is likely to bring if we reject the proposal on the table. To avoid the threat of the unknown, I believe the town should use the leverage that it possesses to gain concessions from the developers of the life style center in exchange for the zoning change they request. These concessions should be tailored to respond to the valid concerns that have been raised about the project. One of the primary objections to the current proposal is that it may have a negative impact on the revitalization of the downtown area. As a previous member of the Downtown Steering Committee, I strongly share this concern. I must wonder, however, if there are ways that we might use this retail development to spur the downtown shopping district. As a concession for the zoning change, for example, the town could require the developer to fund the purchase of a bus or trolley that would deliver people from the lifestyle center to the downtown (and contribute to the annual expenses of running such a shuttle). Similar to the bus service that is offered in Lexington, such a trolley could loop through the town, stopping at the senior center, the assisted living homes, the'depot, the high school, downtown, the life style center, etc. This would potentially increase the interest in shopping in both areas and simultaneously provide a service for residents that will allow the elderly and young to get around town and create more accessibility with the town center. Such a trolley could be used for holiday activities around town (a Christmas Stroll, a Spring Fling, etc.) that would advance on the "Shop the Block" idea that has successfully brought people into the downtown area. Additionally, we could negotiate with the developer for "tie-ins" that would require the retail locations at the life style center to advertise the downtown retail shopping area, thus spreading the word to out of town shoppers that we have some wonderful shops in the center. These are just two ideas that attempt to respond to concerns regarding the effect of the project on the downtown while also helping to create a more vibrant and livable town for the residents. The second major concern with the life style center is traffic. The traffic issues are significant,and will effect us all, particularly those residents who live close to the site. Given that the Addison Wesley building is currently vacant, it is difficult to compare the traffic flow of this proposal to another viable alternative. For example, should we be comparing the traffic from the proposed life style center to the traffic that would be generated by a high density residential complex similar to the Spence Farm development? While I don't know what proposal the next developer will bring, I am concerned that we make appropriate comparisons with realistic alternative projects. We should try to come up with ideas that will ameliorate the traffic concerns (more direct access to route 128, at least in the southbound direction for example), rather than roll the dice on what the next proposal will be. This is a known project with a known developer. Let's use this to our advantage, rather than facing the threat of the unknown, including the loss by the town of all negotiating power if a purchaser were to employ Mass. General Laws Chapter 40B. Thank you for your consideration. Please feel free to contact me with any thoughts or comments. (781 944-1728 home; 617 573 8087 work; lsimard@suffolk.edu) Linda Sandstrom Simard g¢v