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HomeMy WebLinkAbout2006-02-07 Board of Selectmen PacketPage I of 2 Hechenbleikner, Peter From: bonazoli@comcast.net Sent: Thursday, February 02, 2006 2:14 PM / To: Anthony, Camille; Hechenbleikner, Peter; Reading - Selectmen Subject: Re: FW: EVERSON PETTION TO READING BOARD OF SELECTMEN Hello all - hope everyone is doing well. Additioanlly, although we are not slated to meet, I will be traveling for work on Tuesday February 28th and will not be able to meet. I have been approached by a couple people thinking the Board has hired Jeff for this issue and as that is not the case we may need to be address this in one of our future meetings. Thanks - take care James Original message From: "Camille Anthony" <canthony@ftmc.net> I am leaving for FL for 10 days tomorrow. Have fun. James and I are not at the meeting next week. Do we have a quorum? Can you bring up Jeff's petition and how you want to go forward and let him know? Camille Anthony -----Original Message----- From: Everson, Jeff [mailto:jeverson@foster-miller.com] Sent: Wednesday, February 01, 2006 5:57 PM To: Camille Anthony Subject: RE: EVER SON PE 7ION TO READING BOARD OF SELECTMEN Camille: Thank you. Your interest in this is appreciated. Jeff -----Original Message----- From: Camille Anthony [mailto:canthony@ftmc.net] Sent: Wednesday, February 01, 2006 4:47 PM To: Everson, Jeff Subject: RE: EVERSON PEfTION TO READING BOARD OF SELECTMEN Jeff: I have the auditors in this week and also did not have a BOS meeting. The Board meets next week and I will ask Peter to have it before the Board. cl% 2/2/2006 Page 2 of 2 Camille Anthony -----Original Message----- From: Everson, Jeff [mailto:jeverson@foster-miller.com] Sent: Wednesday, February 01, 2006 10:29 AM To: canthony@cdmtitle.com Subject: EVERSON PETION TO READING BOARD OF SELECTMEN Camille, I recently sent you an email regarding my petition to the Reading Board of Selectmen (BoS) on obtaining documentation from the Addison Wesley developer, S. R. Weiner. This documentation pertains to the verification of the developer's claim regarding the traffic split of 80-15-5 percent related to motorists heading to the Lifestyle Retail Center (LRC) at Addison Wesley. Will the Reading BoS • Request this documentation from the developer? If not, why? • Make issuance of a permit and rezoning contingent upon receiving and evaluating this documentation? • Consider pursuing this matter as,, a possible case of fraud if the developer fails to comply with your request for documentation? I would appreciate hearing from you on this matter. Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force, Reading First 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com 2/2/2006 - OF V' -14 ti : Town of Reading .16 Lowell Street 9'tNCORpO~P Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&l.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 2, 2006 RE: Mission Statement and Goals TOWN MANAGER (781) 942.6643 Bob LeLacheur has made an attempt to modify the Mission Statement and the Goals to consolidate and focus them, and to make the Mission Statement read better. They are attached. Please let me know what you think. The Value Statements have remained the same as previously drafted. PIH/ps / c3 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. In fulfilling its Mission, the Town needs to constantly strike a balance between near- and long-term objectives, constrained by prudent fiscal discipline. This will ensure that the community remains an attractive place to both live and work. The Board of Selectmen shall 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. Page 1 of 15 updated 01/30/06 VALUES STATEMENT The following values shall guide Reading Town Government and it's employees and officials in conducting their business. These values are adopted as an element of the Town's Mission Statement. COMMUNITY IN'T'ERACTIONS ➢ 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 those 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 to 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. 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 Page 2 of 15 updated 01/30/06 l G~ 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 15 updated 01/30/06 G(2 % 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 constant and reliable framework for decision making. • Continuously evaluate and improve the services the Town provides, and how the services are delivered. GI Page 4 of 15 updated 01/30/06 FY07 General Town Budqet - Significant Additions BOS Goal TOTAL Wages Benefits Expenses Lumuiative In FY07 Budget 1 Snow & Ice $ 25,000 $ 25,000 $ 25,000 Increase budget towards long-term average 4 Health $ 9,235 $ 9,235 $ 34,235 Inspector- incr. from 23 to 30 hrs/wk 4 Health $ 8,053 $ 8,053 $ 42,288 Public Health Nurse - incr. from 26 to 32 hrs/wk 1 Assessment $ 28,400 $ 28,400 70,688 Revaluation 2008 6 Library* $ 17,250 $ 17,250 $ 87,938 Long Range Strategic Plan 1-6 Town Manager $ - $ 871938 . Salary review $ 87,938 ( $ 17,288 $ I $ 70,650 Priorities: 2,4 Police $ 71,500 $ 55,000 16,500 $ 159,438 Police business administrator 2 Parks & Forestry $ 4;000 $ 4,000 $ 163,438 Playground mulch 2,6 Long Range Plan $ 25;923 $ 25,923, ,189,361 DPW - Department review by consultant 2 Technology $ 22,467, $ ,'22,467. $ 211,828 Increase from PT to FT for GIS co-ordinator 3,5 Technology $ 12,528 $ 12,528 $ 224,356 Website improvements 3,5 Human Resources ' $ 12,552 $ 12,552 $ 236,908 Customer Service training/software 1 Assessment $ 28,800 $ 18,000 $ <10,800 $ 265,708 Increase from PT to FT 6 Community Svcs $ $ 45,000 $ 13,500 $ 265,708 Permits Co-ordinator and/or technology - increase revenues 1 $177,770 ( $140,467 $ 40,800 $ 55,003 Defer until FY08: Library* $ 65,437 $ 56,902 $ 8,535 $ 331,145 Restore four hours of operation 3 Library* $ 35,788 $ 15,560 $ 15,560 $ 4,668 $ 366,933 Technology Librarian - incr. from 12hrs to 28hrs Library $ 28,750 $ 28,750 - $ 395,683 , fully fund library materials 1 Assessment $ 400 $ 400 $ ' 396,083; , New digital camera 4 Fire $ 6,300 $ 6,300 $ 402,383= Position promotion - Asst. Fire Chief Community Svcs $ 12,627 $ 12,627 $ 415,010 Increase from PT to FT clerical Community Svcs $ 1,000 $ 1,000 416,010 Prof. Dev. - ICMA conference Elder/Human Svcs 10;304 $ 10,304 $ 426,314 Operator of a 2nd Van Elder/Human Svcs $ 2,100 $ ,2,100 $ 428,414 Operation of the 2nd Van 1,2,5 Technology $ 2,349 $ 2,349 $ 430,763 Prof Dev. -network administration training 2,5 Technology 2,349 $ 2;349: 433,112 Prof Dev. - GIS training $167,404 1 $101,693 $ 15,560 $ 50,151 Storm Water Man agement Enterprise Fund: 2 Highway* $ 17.9 59;369 $ :17,811 Two new laborers \ * = all Library non-materials costs have been increased by a 15% addit ional materials requirement Qlq f r. .DING POLICE DEPARTMENT k~~ ~ mar= OFFICE OF THE CHEF ~`t HCtlR 15 Union Street, Reading, Massachusetts 01867 Tamed T. Cvrnzier Emergency Only: 911 All Other Calls: 781-944-1212 1 ax: 781-944-2893 C/lief of Police E-AUU: JCormier@ei.reading.ma.us TO: Peter I. Hechenbleikner, Town Manager FROM: Chief James W. Cormier DATE: February 1, 2006 RE: Walkers Brook Drive, West St. & Salem St. Developments Regarding the request for information about the impact the new developments are having on services provided by the Reading Police, Department, the chart below shows the calls for service activity as outlined at the meeting on January 28, 2006. As I mentioned at the meeting our annual calls for service are just over 12,000. The numbers shown for the Walkers Brook Dr. area currently account for approximately 5% of our total calls for service. Prior to 2004 the area was largely undeveloped and calls for service were minimal. Calls for Service Walkers Brook Dr. Johnson Woods - West St. Archstone Dev. - West St. Salem St. TOTAL Cal. Yr. 2004 Cal. Yr. 2005 420 640 10 59 0 ( 12 0 ( 3 430 714 We are currently able to handle the increases we've experienced by adjusting our assignment areas, and focusing our attention through analysis. We would expect to see increased demands for service at the three housing developments currently under construction. How much impact is difficult to judge, there are many factors that play into impacts from housing areas. These include crime mitigation techniques built in by contractors, lighting, security systems, seclusion barriers, etc. Location will impact crime, proximity to escape routes, convenient access, etc. I recommend we continue to monitor the calls for service and evaluate periodically. We have taken steps to segregate various areas in our record keeping system so as to be able to easily monitor the service demands. Any other questions or comments please feel free to contact me. ~4 - Hechenbleikner, Peter From: Murphy, Tom Sent: Thursday, January 05, 2006 8:18 AM To: Hechenbleikner, Peter Subject: Sunset Rock and Roma Cul-de-sac Pete, l have,not sent the work order to the DPW yet for the new regulations for these cut-de-sacs because they do not address the weekend issues: I figured it would not make sense to have the DPW install signs and then have to replace them. Do you know if the BOS will address this issue? Tom (2" o. Hechenblefter, Peter From: McClellan, Maryann [Maryann.McClellan @mwra.state. ma. us] Sent: Thursday, February 02, 2006 9:17 AM To: undisclosed-recipients Subject: The Case for Debt Service Assistance TO: All Interested Parties FROM: Joseph Favaloro, Executive Director, MWRA Advisory Board DATE: February 2, 2006 RE: The Case for Debt Service Assistance Page 1 of 1 n 01 c-: X11 p 1~ U A sincere thank you for all of your efforts regarding the Advisory Board's Resolution for increased funding for Debt Service Assistance. Forty-nine communities, representing nearly 98% of the service area, have endorsed the Resolution. Phase II begins tomorrow. Attached is a package of materials that will be sent to every MWRA service area legislator. It is critical to follow up our mailings with your own calls and letters. Together we can make a difference. C 4. 2/2/2006 60 14IWRA a 'ADVISORY BOARD February 1, 2006 Dear MWRA Area Legislator: As you are well aware, water and sewer rates continue to be a major concern for our ratepayers and our communities. In addition, over the next five years, MWRA wholesale rates are expected to grow by over $208 million (44%), primarily due to ever-increasing debt payments on the outstanding MWRA capital bonds. In FY07, increases to our communities are now projected to be nearly 10%. With this backdrop, working closely with Mayors, Selectmen and elected officials, we present to you a Resolution signed by 49 MWRA communities, representing 97.5% of the service area, requesting that the Commonwealth provide additional Debt Service Assistance. Once again the Governor, in H1, provides zero in Debt Service Assistance funding. We need your continued support. The Advisory Board respectfully requests that each of you also sign a Resolution asking for a minimum of $25 million for FY07; we also hope that you include increased Debt Service Assistance on your list of Legislative Budget priorities as you sit with leadership in the coming weeks. The Resolution can be obtained in Caucus Chairman Ron Mariano's office. We are grateful for all of your efforts in the past and look forward to working with you on behalf of our ratepayers. Please call me if you would like a presentation and/or have a question. If you would like to access your local communities' impact or the Advisory Board case for more Debt Service Assistance, they can be found at www.mwraadvisorvboard.com. Sincerely, r Joseph E. Favaloro, Jr. Executive Director C/ Resolution in Support of Increased Funding for the Commonwealth Sewer Rate Relief Fund Whereas, the Commonwealth Sewer Rate Relief Fund is a statewide program, providing over $60 million to 140 communities throughout the Commonwealth at its peals in 2002 and funded at $12.5 million in FY06; and Whereas, the MWRA has spent over $6.4 billion to date on capital projects and intends to spend an additional $1.3 billion over the next ten years; and Whereas, 62% of the MWRA's annual operating budget goes directly to pay outstanding debt; and Whereas, a recent study found that public investment in Boston Harbor has resulted in a radical transformation of. the Boston waterfront that is providing economic benefit throughout the Greater Boston area,. as well as a renewed recreational interest in the harbor islands and the return of marine life; and Whereas, a 2004 affordability analysis found rates in the MW][ZA service area, which includes 60 communities and over 2.5 million Massachusetts residents, are presenting a substantial social and economic burden to homeowners and are threatening the economic viability of the region; and Whereas, water and sewer rate assessments to communities are expected to increase $208 million over the next five years; and Whereas, homeowners in the MWRA system already pay some of the highest rates in the nation; and Whereas, the Commonwealth Sewer Rate Relief Fund is a formula-driven program providing state funding up to 20% of the cost of a wastewater project thereby directly offsetting debt service costs and providing an ininiediate benefit to communities and residents; THEREFORE BE IT RESOLVED, that the <<Town or City>> supports funding the Connnonwealth Sewer Rate Relief Fund based on the established formula, minimally including $25 million in Fiscal Year 2007; RESOLVED, that the <<Town or City>> supports fully funding the Commonwealth Sewer Rate Relief Fund based on the formula by Fiscal Year 2011. ADOPTED this SIGNED 10 Arlington (S Framingham 10 Natick 10 Swampscott I® Ashland (S Hingham 10 Needham 10 Wakefield 10 Bedford 10 Holbrook Is Newton _._._r Walpole 10 Belmont I® Leominster 10 Norwood ~ I® Waltham Boston .10 Lexington 10 Peabody 10 Watertown 10 Braintree Lynn 10 Quincy . f ® Wellesley (Q Brookline Its Malden 1® Randolph 10 Westwood 10 Burlington 10 Marblehead 10 Reading 10 Weymouth 0 Cambridge _ 10 Medford 10 Revere 10 Wilmington 10 Canton Its Melrose €0 Somerville Ind Winchester 10 Chelsea 0 Milton Is Stoneham 0 Winthrop 10 Dedham 10 Nahant 10 Stoughton h Woburn I® Everett I ( 1 Actual Resolutions are on file at the MWRA Advisory Board office. v Resolution in Support of Increased Funding for the Commonwealth Sewer Rate Relief Fund Whereas, the Commonwealth Sewer Rate Relief Fund is a statewide program, providing over $60 million to 140 communities throughout the Commonwealth at its peak in 2002 and funded at $12.5 million in FY06; and Whereas, the MWRA has spent over $6.4 billion to date on capital projects and intends to spend an additional $1.3 billion over the next ten years; and Whereas, 62% of the N VWRA's annual operating budget goes directly to pay outstanding debt; and Whereas, a recent study found that public investment in Boston Harbor has resulted in a radical transformation of the Boston waterfront that is providing economic benefit throughout the Greater Boston area, as well as a renewed recreational interest in the harbor islands and the return of marine life; and Whereas, a 2004 affordability analysis found rates in the MWRA service area, which includes 60 communities and over 2.5 million Massachusetts residents, are presenting a substantial social and economic burden to homeowners and are threatening the economic viability of the region; and Whereas, water and sewer rate assessments to communities are expected to increase $208 million over the next five years; and Whereas, homeowners in the MWRA system already pay some of the highest rates in the nation; and Whereas, the Commonwealth Sewer Rate Relief Fund is a formula-driven program providing state funding up to 20% of the cost of a wastewater project thereby directly offsetting debt service costs and providing an immediate benefit to communities and residents; THEREFORE BE IT RESOLVED, that we the undersigned MWRA area legislators, support funding the Commonwealth Sewer Rate Relief Fund based on the established formula, minimally including $25 million in Fiscal Year 2007. SIGNED v ipat Notes pAuntc VeUVOSement Professional nt Bud at oe file Reimb 2 500 defett elth COMP ins Additional $ , nroll in h Su"eY To: r Contribution Lif v??s= ense"On Oeveio T ot e TA does n Vehicle is p,Ojided it ICoMP to e Manager Salaty ~EmP Y . ins. own D 109, sabili T ed P9 q 165 of it is $7 815, but$ , t dept. hnu e _ 213106 pPrPrr FY0 6 Sala for 0 2 thrua s f costs IRS ra - insurance C MM-0 match, up to and vita ta 501/0 Annual iCMP, Con s Bett s replOnai m l - $650imonth $122,500 up to $2,500 None s to a $1,600 u d a as wel needed p Bedfor None erbufsement $128,004 $5,674.90 As bursement Vehrcte plus reim e expenses onab Belmont $1,236.18 - fl00 $10 0 - for fees imbursement , $132,542 Up to $2000 to $2000 U No e re Mileag $10.725 Ig3,600 annisaliv) F{p7 Salary 1 ° P Danvers $4,750 $300 par month $135,000 No Lexington Atl managers 140 Ica% vatd - dMin Dept Total of fi is $10.440 i - mite for 0 $107,504 left 30 C ants p eetinas f out of town m~ 0 LYnnfieid - p None - 0 er Month ' $107,504 0 p $45 Reading 0 r Nrth 0 $1,000 _ - mileage if submitted, 0 $105,859 - is reimbursed 0 Stoneham $7,500 ai vehicle Municip $120,000 No Tewksbury No and ATM 000 for TM 5 No $102,220 - 0 $ , onth $400 perm Wakefield 0 r _ - - 0 expenses fiat A9Tee to pay ai development $115,368 Yes reoutred PT~fes $250,p00j---" Yes (tat Wilmington - 5°l0 of annual ' $1361000 salary Winchester $119,317 Average s are above what is 000 ntribution $11A, employer co eadtn9 These ll other employees, R offered a I G, S RMLD Presentation to the Reading Board of Selectmen February 7, 2006 • Calpine, one of the RMLD's power suppliers, filed for bankruptcy on December 20, 2005. Calpine represents approximately 50% of the RMLD's power supply. The Calpine power supply 'contract term was from June, 2002 through October, 2007. • According to the power supply contract, when Calpine lost its investment grade credit rating in June, 2003, Calpine was forced to post money into an Escrow Account in the RMLD's name to ensure performance. • After Calpine filed for bankruptcy the RMLD exercised its rights under the Power Supply Agreement with Calpine and terminated the contract on December 28, 2005 and determined the settlement amount owed to the RMLD. • Calpine has disputed the RMLD's settlement amount. As a result of Calpine's disputing the settlement amount, the Escrow Account has been frozen. The RMLD is in the process of taking legal actions against Calpine in order to release the money from the Escrow Account. . • The RMLD has replaced the power supply, which was lost through the termination of the Calpine contract. The replacement power was obtained at a higher price than the Calpine price, which is a result of the current market conditions. The amount of funds in the Escrow Account fully covers the additional cost of the replacement power. • It is the RMLD's intention to obtain the money from the Escrow Account through efficient legal channels. However, during the time it takes to obtain the Escrow Account funds, the RMLD will cover the cost increases through a combination of reserves and increasing the Fuel Charge. • The Fuel Charge may increase $.005/kWh in March, which will result in an increase of $3.50 per month for an average residential customer using 700 kWh per month. • The RMLD hopes that this issue will be settled as expeditiously as possible. L Memo Date: 1/20/06 To: Peter Hechenbleikner, Town Manager From:John Feudo, Recreation Administrator RE: Reading Good Sports Partnership Commission The Good Sports Partnership Commission is a group made up of Reading Youth Sports Administrators along with members of the Reading Police Department and Recreation Division. Our goal is to promote and educate members of our youth sports community in the area of Sportsmanship. We would like to invite you to a youth sports evening with guest speaker Bob Bigelow. Bob Bigelow is very well-known around the country for his presentation on youth sports. He was seen as recently as this past summer on ESPN's acclaimed series "Outside the Lines" to speak about the Little League World Series. Parents and Coaches will be invited for this free educational event. The event is being sponsored by Reading Youth Baseball and Reading Youth Softball and will take place on Thursday, February 16th at 7:00 PM at the RMHS Auditorium. Attached is a handbook the Commission has developed. We are asking that the Board of Selectmen accept and support this handbook as a standard for Reading Youth Sports. The goal of this handbook is to have it distributed to each and every coach and parent in Reading. The cost of the printing this 12- page bi-fold will be supported by local sponsorship. Of course any comments and or suggestions are welcome as this is a working draft. Please contact me if you have any questions at 781-942-6674. ~G 7 DING YOUTH SPORTS VOF1\1 HANDBOOK READING RECREATION DIVISION READING POLICE DEPARTMENT YOUTH LEAGUES OF READING ~ a )41- GOOD SPORTS PAR TERSHIP COMMISSION V9 P'*I\ MISSION STATEMENT To promote good sportsmanship and appropriate behavior in youth sports at all times through the education of parents, coaches and players. ABOUT THE GOOD SPORTS PARTNERSHIP COMMISSION The Good Sports Partnership Commission is a group made up of Reading Youth Sports Administrators along with members of the Reading Police Department and Recreation Division. Our goal is to promote and educate members of our youth sports community in the area of Sportsmanship. A (~3 TOWN OF READING FI MASSACHUSETTS Vgp~ This handbook has been developed as a proactive approach against violence in youth sports. We sincerely hope each of our parents, coaches, players and officials in Reading will take the time to understand their role in this community as a participant with our youth programs. This policy has been developed by leaders of the youth sports organizations and accepted by the Recreation Committee and the Board of Selectmen as a standard policy in Reading. Let us pledge that we, as individuals, will abide by this code to insure that all of our children will benefit from the experience they have participating in Youth Sports. A L., I V9". No THE PLAYERS ARE EXPECTED TO... ♦ Know, understand, and honor the commitments that they and their parents have made to coaches, teams, and leagues. ♦ Always try to do their best. ♦ Be honest with all involved. ♦ Learn all the rules of their particular sport. ♦ Respect and cooperate with their coaches, officials, teammates, administrators, opponents and parents. ♦ Avoid showing off, trash talking, or taunting anyone. ♦ Respect team and league rules concerning tobacco, drugs, alcohol, and behavior beyond the field or court. ♦ Respect equipment and playing sites and do not destroy the site, steal or leave a mess. ♦ Behave properly in transit. e Expect to be treated fairly and with respect from all involved. ♦ Expect to play an appropriate amount of playing time according to team rules and regulations ♦ Expect coaches, parents, fans, game officials and administrators to provide an environment where the players can learn their sport, be safe, and have fun. A C/-5 . PLAYERS SHOULD EXPECT COACHES TO... ♦ Provide a safe environment for participants. ♦ Develop a strategy to implement and monitor the sportsmanship policies of the league. ♦ Communicate messages encouraging good sportsmanship to coaches, players, parents, fans and game officials. ♦ Review and monitor sportsmanship policies. ♦ Be sure that all persons involved are aware of rules and regulations. o Support and reward participants, coaches and fans that display good sportsmanship. ♦ Create a positive atmosphere to allow participants to demonstrate the highest level of sportsmanship. ♦ Insist that the behavior of all involved will be positive and sportsmanlike. ♦ Serve as a positive role model. ♦ Show respect for public and private properties i.e. remove trash after games. ♦ Develop selection procedures for coaches designed to encourage the value of good sportsmanship. ♦ Make sure all players experience appropriate amount of playing time, according to league's policy. ♦ Make an effort to attend annual coach's training/orientation sessions. ♦ Promote the emotional and physical well being of all athletes ahead of any desire the may have for their own child. ♦ Not force their child to participate in sports. ♦ Remember that children participate to have fun and that the game is for youths, not for adults. ♦ Inform the coach of any physical disability or ailment that may affect the safety of their child or the safety of others. ♦ Learn the rules of the game and the policies of the league. ♦ Be a positive role model for their children and encourage sportsmanship by showing respect and courtesy, and by demonstrating positive support for all players. ♦ Not engage in any kind of unsportsmanlike conduct with any official, coach, player or parent such as booing, taunting, refusing to shake hands or using profane language or gestures. ♦ Teach their child to play by the rules and to resolve conflicts without resorting to violence. Demand that their children treat other players, coaches, and spectators with respect, regardless of race, creed, color, sex or ability. ♦ Praise their child for competing fairly and trying hard. ♦ Never ridicule or yell at their child or other participants for making a mistake or losing a competition. ♦ Emphasize skill development and practices and how they benefit their child. ♦ Promote the emotional and physical well being of all athletes ahead of any personal desire that they may have for their child. ♦ Refrain from coaching their child or players during games and practices, unless one of the official coaches of the team asks them to help with Coaching. ♦ Show interest by enthusiastically cheering and applauding the good plays on both teams. s Show proper respect for game officials, participants, coaches and other fans. ♦ Not "boo", stamp feet or make disrespectful remarks towards players or officials. ♦ Learn the rules of the game so that they may understand and appreciate why certain things take place on the field or court. ♦ Obey officials and league administrators who are responsible for keeping order. ♦ Stay off playing fields at all times. ♦ Never use tobacco, alcohol, and or drugs at games and practice sites. ♦ Pay attention to the game and not disturb those around you. ♦ Treat the contest as a game not a war. ♦ Encourage those around them to display good sportsmanship. ♦ Accept and respect all decisions of the game official. ♦ Show good judgement on their choice of words. ♦ Show respect for public and private property to include removing trash and personal items after each practice or game. ql(!I~ PLAYERS SHOULD EXPECT OFFICIALS TO... ♦ Know the rules. Stay current and discuss them with the coaches and other officials. Stay in good standing in your official's association. Attend the official's clinics and rules interpretation meetings. ♦ Be punctual. Follow you associations' and the league guidelines concerning your arrival time prior to game start. It is your responsibilities to know directions to game sites and arrive on time. Know your pre-game responsibilities and perform them properly. ♦ Dress properly. Look sharp. Follow the league and association guidelines to the letter concerning uniform particulars. ♦ Keep your equipment safe and up to date. ♦ Be decisive. Be confident. Be proud. Make your calls clear without hesitation. Carry yourself with integrity, humility and honesty. o Listen to players and coaches. Use your discretion when somebody crosses the line then act accordingly. Do not look for trouble. Do not hold grudges or look to get even but do not appear weak. If a situation seems to be getting out of hand, slow down and calmly decide what should be done and take the appropriate action without hesitation. ♦ Not use of alcohol or drugs prior to games. ♦ Work with your partners. Know your individual and team game responsibilities. ♦ Communicate clearly with coaches when calling a game due to hazardous weather or field conditions. C I/_ C/ " READING YOUTH SPORTS INFO ORGANIZATION CONTACT PERSON PHONE Reading Youth Softball Frank Driscoll 944 - 6237 Pop Warner Football Adam Pollock 942 - 9494 Babe Ruth League Jeff Pierce 944 - 7552 Senior Babe Ruth League Jeff Pierce 944 - 7552 Lou Tompkins League Jeff Pierce 944 - 7552 United Soccer Club Mike Sheedy msheedy@comcast.net Reading Youth Baseball David Gray 942 - 0093 Reading Youth Basketball John Feudo 942 - 9075 Reading Youth Hockey Jay Stratton 942 - 0203 Reading Youth Lacrosse Charles Hardy 942 -1489 READING YOUTH RESOURCE WESSITES Reading Recreation - www.ci.reading.ma.us/recreation Reading Police - http://users.rcn.com/readingl/police United Soccer Club - www.rusc.org Youth Lacrosse - www.readinglacrosse.com Youth Baseball - http://eteamz.active.com/rybaseball Pop Warner Football - www.readingpopwarner.com Youth Hockey - http://eteamz.active.com/readingyouthhockey/standings G~~ GOLDEN RULE OF COACHING If athletes are coached with criticism, they learn low self-esteem. If athletes are coached with hostility, they learn to fight. If athletes are coached with ridicule, they learn to withdraw. If athletes are coached with shame, they learn to feel guilty. If athletes are coached with patience, they learn to improve. If athletes are coached with encouragement, they learn confidence. If athletes are coached with praise, they learn to have faith. If athletes are coached with fairness, they learn justice. If athletes are coached with approval, they learn positive self-esteem. If athletes are coached with honesty, they learn to trust. If athletes are coached with modesty, they learn teamwork. If athletes are coached with acceptance and friendship, they will learn to find love in sport. -From the National Youth Sports Safety Foundation, Inc. V~ C/ ~ \ LEGAL NOTICE TOWN OF READING To. the- Inhabit-ants .of the.. ' Town of Reading: Please take notice that. the Board of Selectmen of the Town of Reading will hold public hear- ings on the following. matters.on Tueed'ay, February7, 2Q06 in the Selectmen's, Meeting Room, 16 Lowell Sfireet, Reading, Massachusetts: • Parks Rules and. Regulations 8:30 p.m. . Amending Drain Layers.: License Fees` 9:00 p.m.. All. interested .parties may appear in. person; mq.y .subrimit ` their: comments -in writing, or may ernall commei nts to town manaaer@ci.readind.ma.Llis. By order of Peter`i. Hechenbieikner Town Manager :1131 L 1 1 Section 4 5.2 - Rules and Regulations Relating to Parks, Plavsrounds and Recreation Areas The Board of Selectmen of the Town of Reading hereby adopts the following Rules and Regulations governing conduct in Public Parks, including the enforcement of the Rules and Regulations and penalties for their violation: This policy shall be known and may be cited as the "Reading Park Rules and Regulations." H 5.2.1 Definitions. For the purposes of this policy, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. "Town" is the Town of Reading. 2. "Park" is a park, reservation, playground, recreation center, field, playing court, pool, or any other area in the Town owned and/or used by the Town and devoted to active or passive recreation. 3. "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. 4. "Vehicle" is any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages, bicycles, wheel chairs, and vehicles in the service of the Town parks. 6 5.2.2 - General Reeulations Deleted: ARTICLE 6-5 - HUMAN SERVICES POLICIES¶ Section 6 5.1 - Hummn Services Revolvine Fondsli 6-5.1.1- Creation ¶ There are hereby created four donatio funds within the Department of Hum n ,ervices in the Town. These shall brl tept separate and distinct. They ar as Ilows:¶ ¶ 1. Shopper Assistance Fu /d - El er Services Division¶ 2. General Assistance $und - Eld r Services Division¶ 3. General Assistan / cgg Fund - Hu n Services Departmenql¶ 4. Prevention Educdtion Fund - 1. Facilities under the jurisdiction of the Reading Recreation Committee are for use by Reading residents only unless specifically authorized, in writing by the Recreation Committee or their designee, to the contrary. 2. Industries and businesses using recreation facilities must be located within the Town of Reading unless specifically authorized, in writing by the Recreation Committee or their designee, to the contrary. 3ti Other than business and industrial groups, all groups using outdoor . - - - facilities must - be made up of Reading residents only, except as specified by the Recreation Committee. 4. No person or business may use any public field, tennis court, basketball court or playing area to derive compensation with out the consent from the Recreation Committee or their designee. 5,_ _I_I__P__arks and Playgrounds_under the jurisdiction of the Recreation Committee shall open at 8:00 a.m. However, no sport or team shall begin any activities before noon on Sundays. An exception may be granted one time per year per organization by the Recreation Committee. 6,, All Parks and Playgrounds under the jurisdiction of the Recreation Committee - - - shall close at sunset except for the lighted facilities which shall close at 10:00 p.m. However, a game in progress on a lighted facility will be allowed to finish, 5-1 F .S. r.21 Parpose ¶ These ads are estnbli hed as follows: ¶ Fund 1, 1 - . To pay the salary and expenses f the shopper a assist the elderly in eetm, their.outine shopping needs.$ Fund No. 2 . To assis: the elderly in times of nee and when no other resources or available. Examples may include helpi g to race transportation expenses or a traordin! y repairs to property. Thi fund is et up so that in many instance loans c in be repaid and the moneys me a availuble again.¶ Fund No. 3 - . imilar to Fund No. 2, this fund is established to Asist any resident of the Town in ti ne of need and when no other resources m - av ilable. Some elements of this fi d may be set up on a loan basis with re y= to go back into the fund.$ Fund No. 4 - . To ay expenses of the Substance Abuse P grams and Health Fair.¶ 6.5.1.3 - Procer ores The following ppioced res are approved for the administration f these funds by the Board of ~electme I.. The funds are hereb established by the Board o Selectmen t tr the purposes stated.¶ 2.. When oneys are rec Dived, they will be deposit d through the 'reasurer. Collector and a notation i iade in the appropri a monthly repot . Gifts will be aecepte for a particular fi d but with no other r tractions unless suc restrictions are ap roved by the Board o Selectmen.$ 3.. T expend moneys, the D partment Will se the normal Town bill- aying FOS. ess widr prior approval required from Director of Elder Services for Fund I and 2,the Director of Human,,, (11 Deleted:.. 3. - - - - Deleted: 4.. .t Deleted: 5. ~ti with no inning, period, or game of tennis starting after 10:00 p.m. No game or match on a lighted facility will be started after 9:00 p.m. A scheduled game in progress will be allowed to be completed past the closing time, and the park must be vacated within ten minutes of the completion of the game. The Board of Selectmen may, from time to time, establish other specific closing hours. 71, Hockey_playing is permitted in a public skating area in that section of the public { Deleted: 6. skating area designated by sign for that purpose only. Sly Reservations for outdoor facilities must be reuested at the Recreation Division - - { Deleted: 7. office. Permits for authorized use will be issued by the Recreation Committee or its designee. 9ti _ User-fees. for outdoor facilities will be charged as listed in current fee schedules,.- Deleted: s. - Fees must generally be paid before permits will be issued. The Recreation Committee will rule on situations not specifically covered in the 1.0, - { Deleted:. A. , policy, and the Recreation Committee may amend the policy at any time. {Deleted: ~ 5.2.3 - Rules RULE 1. No person shall damage or break or cause to be broken any windows, doors or other appurtenances of any buildings or structures on any public park, playground or recreation area, or marls upon deface or disfigure any such buildings appurtenances or structure. RULE 2. No person shall, in any public park, playground or recreation area in the Town of Reading throw any stone or other missile; or have possession of or discharge any destructive weapon, bow and arrow, firearm, firecracker, torpedo or fireworks; or make a fire; or post, paint, affix or display any sign, notice, placard or advertising device; or engage in business, sell or expose for sale, or give away any goods, wares or circulars; or drop or place and leave in place any piece of paper or other refuse, except in the receptacles designated; except with the written authority of the Recreation Committee or their designee and/or other permit granting authority. RULE 3. No person shall, on any public park, playground, recreation or other area under the jurisdiction of the Recreation Committee in the Town of Reading, solicit the acquaintance of or annoy another person or utter any profane, threatening abusive or indecent language or loud outcry; or solicit any subscription or contribution; or have possession of, or drink any alcoholic beverages as defined by Chapter 138, Section 1, of the General Laws; or play any game of chance, or have possession of any instrument of gambling; or make an oration or harangue or any political or other canvass; or preach or pray aloud; or do any obscene or indecent act; or play any musical instrument or use any sound amplifier, except by written authority from the Recreation Committee or their designee. RULE 4. TREES, SHRUBBERY, LAWNS 1. Injury and Removal. No person shall, in any public park, damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 2. Climbing Trees, etc. No person shall, in any public park, climb any tree, or wall; or stand or sit upon monuments, vases, fountains, railings or fences or upon any other property not designated or customarily used for such purposes. 5-2 k3 A 01 3. Hitching of Animals. No person shall, on any public park, tie or hitch a horse or other animal to any tree or plant. RULE 5. No person shall, in any public park, playground or recreation area in the Town of Reading, bathe except in proper costume and at places designated therefor; nor shall any person loiter or run about or lie upon the areas around pools in bathing costume in a manner deemed inappropriate by community standards. RULE 6. No person in any public park, playground or recreation area in the Town of Reading shall refuse or neglect to obey any reasonable direction of a police officer. RULE 7. No person shall, in any public park, playground or recreation area in the Town of Reading promote, or engage in any game of ball or other sport; except within the areas especially provided therefor, or by written authority of the Recreation Committee or their designee.. No person shall use or exhibit golf clubs in any public park, playground, or recreation area. RULE 8. No person shall, in any public park, playground or recreation area in the Town of Reading, undress or dress put on or take off a bathing suit, except in buildings designated for such use for the purpose of undressing or dressing or putting on or taking off a bathing suit. RULE 9. No person shall operate, drive, or ride an animal, vehicle or motor vehicle upon or over any part of a playground recreation area or any public park in the Town of Reading except where specifically allowed. RULE 10. No person shall, in any public park, playground or recreation area in the Town of Reading stop, stand or park. any automobile or other vehicle except in such manner and in such areas as may be designated by signs or by a police officer. 6 5.2.4 - Enforcement These regulations shall be enforced by the Reading Police Department who shall cause the immediate termination of any activity that violates these rules and regulations. Violators may be subject to tine, arrest or summons. Compliance with these rules and regulations as established by the Recreation Committee is a condition for the use of all facilities. 6 5.2.5 - Penalty Any person violating any of the above rules shall for each offense be punished by a fine of not more than twenty dollars, as provided in General Laws, Chapter 45, Section 24. Adopted: 10-8-91, Revised 12-13-94-; revised 1-14-03 5-3 Page 1 of 1 Hechenbleikner, Peter From: Feudo, John Sent: Tuesday, October 25, 2005 4:16 PM To: Hechenbleikner, Peter; Cormier, Jim Subject: RE: Washington Park Peter, All the parks close at the same time. The by Laws state that that time is sunset, however our signs say Dusk and/or 10 PM. I have attached the signs posted at Washington's Entrance and at the Washington Park Tennis Courts. Lt. Robbins and I sent along recommendations for about 3/4 of the Parks - I will attach that as well. Let me know if you need more info. John From: Hechenbleikner, Peter Sent: Tuesday; October 25, 2005 3:52 PM To: Cormier, Jim; Feudo, John Subject: Washington Park Is the park posted for hours it is closed? I assume that the hours are the same for all parks. Pete 5 12/19/2005 I ~19 Park Signage Recommendations Park/ Area Changes/ Amend to Sign Add Sign Other Changes Sturges Park ♦ Closes at Sunset ♦ 1.5 Hour Limit on ♦ Lower Sign on Pole Tennis Courts/ Charging near skating area ♦ Trespassing after hours for Private lessons is may be subject to arrest, prohibited unless summons or fine permission is received by Recreation Division Washington Pk. ♦ Closes at Sunset ♦ 1.5 Hour Limit on ♦ Post sign on Tennis Courts/ Charging Bulletin Board at ♦ Trespassing after hours for Private lessons is Washington St. may be subject to arrest, prohibited unless Entrance summons or fine permission is received ♦ Trim Trees back on ♦ Sweetser Ave Entrance by Recreation Division Signs Sign Changed from Board of Public Works to ♦ No Soft Toss Signs on Recreation Committee Backstop Hunt Park ♦ No Pets allowed in ♦ No Soft Toss Signs on Playground area Backstop ♦ Closes at Sunset ♦ Trespassing after hours may be subject to arrest, summons or fine Memorial Park ♦ Closes at Sunset ♦ 1.5 Hour Limit on Tennis Courts/ Charging ♦ Trespassing after hours for Private lessons is may be subject to arrest, prohibited unless summons or fine permission is received by Recreation Division ♦ Hours Posted on Tennis Court 8 AM -Sunset Symonds Way ♦ Add name "Symonds ♦ No Soft Toss Signs on Way" to the sign. Backstop ♦ Closes at Sunset ♦ Trespassing after hours may be subject to arrest, summons or fine Birch Meadow ♦ Closes at Sunset ♦ No Soft Toss Signs on Backstop on all ♦ Trespassing after hours backstops may be subject to arrest, ♦ 1.5 Hour Limit on summons or fine Tennis Courts/ Charging for Private lessons is prohibited unless permission is received by Recreation Division 01-1 Izaah, CTS BOD Review - Performance to 2095 Goals Reading Techno ogy & Te ecommunications Advisory Committee Feb 2006 - Comp1e« strategies • Establish f und raisin reflecting fund raising reality - Goal revised -St N I _ oovisit RCN M fission Statement ® _ e- inG • "r N work wan Lv vv , . m - - C ublic meeting Attended all p g 1M nu . nf RAN r ap- ■ r~v~d by App ~t s 200E RU IV SOD uucal.s - 3 Month Goals due April 2006 Strategic, Pla niny Community Feedback Re entat~on view'ofpolicy Docum` .s::- ~j LEGAL,'NOTICE TOWN OF READING' To. the, Inbabitanfs.d'f the.. ' Town of Reading: Please take' notice' that. the Board of Selectmen .of the Town of Reading will bold publio hear- ings on- the following. matters. on Tc'eed'ay, Fetiruary7, 2006 'in the Selectmen.'s. Meeting .Room, 16 Lowell Sheet, Reading, Massachusett : • Parks Rules an*d . Regulations 8:30 p.m. . • Ame0.d4frq reCin ayers.: License Fees` 9:00 p.m.. All. interested parties m,y' Cappear. in .person; ~,~y submit ` i iheiir: commdnts -in wilting, `Or may email co'r ments to town rnanaaer@ci.readina:rna.06. • By -order of Peter 1. Hechenbleikner Town .Manager :1/31 Licensed Drain Layers M Sewer Connection Fee Renewal Fee First Time Fee Bond Insurance Residental Commercial Stouqhton $100.00 $100.00 i $5,000 Surety N General Liability ( $50.00 N $75.00 Stoneham $50.00 $50.00 Not Required ( $1,000,000 No Charge No Charge Wakefield $25.00 $50.00 $5,000 Surety Comprehensive General $50.00 $50.00 *shall include bodily injury and property damage Winthrop ***No response from repeated phone calls- ~ $150.00 Lexington $30.00 $30.00 $5,000 General Liability $50.00 $50.00 Worker's Comp XCU Wllminciton $100.00 $100.00 $5,000 Worker's Comp N/A N/A Wellesley No Charge No Charge $1,000 Certified Check Not Required N Woburn No Charge No Charge -No response from repeated phone calls*** Newton No Charge No Charge $20,000 Surety N $100.00 $100.00 Watertown No Charge No Charge $10,000 2 Year Surety $140.00 first 140 sf. of trench Saugus $200.00 $300.00 $10,000 Surety Worker's Comp $100.00 new $500.00 $50.00 repair Reading 0 $25.0 $25.00 $5,000 Surety Comprehensive General $25.00 $75.00 Workers Como Automobile Lynn $25.00 $25.00 $5,000 Surety Worker's Comp $100.00 single *under revision by Lrnn Water Sewer Com. $300,000 General ( $200.00 duplex Salem $100.00 $100.00 $5,000 Surety Not Required 0-10 openings $5,000 Comprehensive General Peabody No Charge No Charge 11-20 openings $10,000 *shall include bodily injury 21-50 " 25,000 and property damage General Liability $1,000,000 $50.00 $50.00 Burlington No Charge No Charge $10,000 Surety Auto $1,000,000 Worker's Comp. $700,000 Bedford No Charge No Charge $5,000 Surety $300,000 Personal Liability $2,500.00 N/A AVERAGE I $72:781 $97.14 < I i $66.43 1 $132.14 RECOMMENDED 1 $75.001 $100:00, N _ I $50.00 I $50100; M 1975 LDL Fee 1 2006 LDL Fee (3% inflation) IReading is 25.00 $60 .68 r Art. # Article Description I Election 2 )Reports 3 I Instructions Board of Selectmen Board of Selectmen 4 Amend Capital Improvement Board of Selectmen Program FY 2006 - FY 2015 5 Approve payment of Prior Year's Board of Selectmen bills Moderator Notes 6 Amend the FY 2006 Budget Board of Selectmen Appropriating proceeds from legal settlement to Water budget 7 Approving FY 2007 - 2016 Capital Board of Selectmen Improvements Program 8 Establish Storm April 24 2006 Annual Town Meeting DRAFT WARRANT OUTLINE 02/03/2006 Mover/ Sponsor Comment fund 9 ►Rescind lleht AL11horizatiolls Water Board of Selectmen B0,11-(l JSelecil»cn 10 Authorizing disposition of surplus Board of Selectmen 11 Health Mutual Aid agreement Board of Health m:~YF..Pl,lli4l_ 12 Authorizing debt and Board of Selectmen Appropriating Chapter 90 funds 99 w 13 Appropriation of contributions Board of Selectmen • Inwood Park from Developers for various 14 Authorizing Revolving funds Board of Selectmen • Conservation • Composting • Tnmentinnc 15 Acceptance of Special Retirement Contributory benefit to Veterans on disability Retirement Board 16 Approving the FY 2007 budget (FINCOM 17 1 Vacate Easement - 98 Hartshorne Board of Selectmen 18 Sewer Betterment - Franklin Board of Selectmen Terrace 19 Authorizing debt for the Board of Selectmen acquisition of land - north Main Street 23 Bylaw amendment - Hours of Board of Selectmen construction 24 Bylaw Amendment - regulating Board of Selectme n door to door solicitors c. 2 25 Amendment to Demolition Delay Historical Commission 26 Zoning Bylaw amendment re CPDC Accessory Apartments 27 Removal of Town Meeting Board of Selectmen members lL Bylaw Amendment - Animal Board of Selectmen Article 22 2006Annual Town Meeting 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: Town of Reading General Bylaw - Section 5.6 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 kemiel, 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. Formatted: Centered Y ~~3 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 1" through December 315`. 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- ( Deleted: section 5.6.5 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 5.6.124), requiring the dog's keeper to restrain a nuisance { Deleted: 5 - rain-------------------- 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 Cleric. Formatted: Centered V P 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 lst 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 April 1 (or the first business day thereafter, if April 1 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 40, Section 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 dogs. 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 3 Formatted: Centered ~s. 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 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. 5.62.2.6. 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 complianee,or otherwise regulate the kennel. Deleted: - (1) Any person maintaining a kennel after the kennel license has been denied,-------- ( Formatted: Bullets and Numbering 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 I" to December 315` 5.6.2.2.8. License due date. Kennel license renewal forms will be sent to each licensed kennel, no later than December 1" each year. Kennel licensees must return forms and fees to the Town Clerk by January 15`x' (or the first business day thereafter, if the 15`x' 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 Formatted: Centered y~ 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 ~F I 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 137B-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 ANIMAL CONTROL OFFICER 5.6.3.1. 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. 5.6.3.2 Duties. The ACO's duties shall include but not be limited to the following: (1) Enforcement of the Town of Reading by-laws and relevant state regulationse---------------- (2) Explanation of By-Law violations. (3) Notification to the owner of Unlicensed dogs. 44) Issuance of Teinpora y 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.k as- to-wh-ether- it- is -v- - icious- 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 aanimal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 5.6.4.2,to_rescind the-order of temorary restraint----------- (a) Nuisance animal. An animal is a nuisance if it repeatedly violates any subsection of Section 5.6.5,, 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 rumiing at large. Deleted:. J Formatted: Indent: Left: 0.06", Hanging: 0.24", Tabs: Not at 5" j Deleted: t Deleted:. Deleted :_5 Deleted: m, emu, Deleted: _ Deleted: _ Deleted: dog Formatted. Centered /11 - (b) Awaiting a decision on a vicious animal hearing. The ACO must order an antimal 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. 5.6.4 ANIMAL CONTROL APPEALS COMMITTEE (ACAC) Deleted: i Deleted• _ 5.6.4.1 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 ACAC will annually select a member to serve as the chair. At least one of the three members must be a dog owner. 5.6.4.2 Right to appeal. When the Animal Control Officer has investigated a complaint regarding an anima's behavior and has issued a fording or an order of temporary {Deleted: a 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 16 business days after issuance of the ACO's decision. Following the Cleric's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within X14 days, at which the dog owner, the complainant, and the ACO must { Deleted: 2! - - appear. 5.6.4.3. 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. 5.6.4.4 Hearings vicious dogs. The ACAC shall hold public hearings and make decisions on any vicious dog declaration under Section 5.6.6 ~ Deleted: _ { Formatted: Centered 5.5.4.5 Further Appeals. An appeal from a decision of the ACAC may be made by either thee------- Formatted: Indent: Left: -0.26", Owner or,Complainant pursuant to the provisions of M.G.L. Chapter 30A_ Hanging: 0.56", Space After: 2 pt, Tabs: 0.44", Left + Not at 0.56" { Deleted: Complainent 5.6.5 CONDUCT OF ANIMALS 5.6.5.1 Endangering safety. No animal keeper shall allow it's 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. 5.6.5.2. 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. 5.6.5.3. Damaging property. No animal keeper shall allow the animal to damage public or private property or realty. 5.6.5.4, 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. 5.6.5.5 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. 5.6.5.6 Dog litter. Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keep'er'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. { Formatted: Centered 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, gtacks or bites- an- unaccompanied-- - - Deleted: 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. j Deleted: - - (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 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 Cleric of a liability insurance policy of at least one hundred thousand dollars ($100,000) for the benefit of the public safety. (2) Banislunent 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 banislunent.) I Formatted: centered (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 kernel 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 OFANIMALS 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 -nnust 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 211), 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, sen- tences, 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. Formatted: centered 5.6 DoLy Control Laws 5.6.1 Every dog owned or kept in this Town shall, at all times while within the Town, be effectively restrained by some person by means of a leash,. except when such dog is on the premises of the owner or keeper or another person, with the consent of such person, or is within the Town Forest and conservation land and accompanied by and under the effective control of some person. The owner or keeper of any such dog that is not so restrained shall be punishable by a warning or fine as follows: In the event the Animal Control Officer is able to ascertain the owner or keeper of such unrestrained dog, the Officer shall issue a written warning to such owner or keeper for the first offense within a calendar year. The Officer shall levy a fine of Twenty Dollars ($20.00) for the second offense within a calendar year, Thirty Dollars ($30.00) for the third offense within a calendar year, and Fifty Dollars ($50.00) for each subsequent offense within a calendar year. 5.6.2 In the event the Officer is unable to ascertain the owner or keeper of any such unrestrained dog, or upon one complaint from each of five (5) households of the Town, delivered to either the Officer or the Board of Selectmen, alleging that the provisions of this section are being violated, the Board of Selectmen shall, after issuing notice to all interested parties, hold a public hearing to determine if this section is being violated and by whom. If the Board determines that such violation exists and it determines the identity or keeper of such dog, the Board may issue to the owner or keeper a written warning or may levy a fine of not more than Fifty Dollars ($50.00) for the first or any subsequent violation of this section. 5.6.3 Records of all warnings issued shall be maintained by the Officer, who shall enforce this Bylaw by the issuance of a written warning or by written notice to the person complained against, setting forth the offense, the amount of any fine and indication that said fine be paid to the Officer within ten (10) days from the issuance date of said notice. In the event a fine is not paid within ten (10) days, then the Officer shall bring a complaint in the District Court pursuant to Sections 173A and 174 of Chapter 140 of the General Laws or any act in replacement thereof or amendment thereto and, notwithstanding the provisions of said Section 173A, the schedule of fines shall be that set forth in this Bylaw. 5.6.4 It shall be the duty of the Officer to apprehend any dog not restrained as required by Section 5.6.1 of this Bylaw, and to confine or cause to be confined said dog as provided herein. Any unlicensed dog so apprehended shall be confined and otherwise dealt with by the Officer as required by law. Any dog so apprehended, which is licensed and owned or kept in this Town, shall be confined until the earlier of its being reclaimed by said owner or keeper as provided herein or until the tenth day following the day on which such dog is apprehended. If such a. licensed dog is not reclaimed as provided herein within said ten (10) day period, the Officer shall take one of the alternative courses of action which Section 151A of Chapter 140 of the General Laws or any act in replacement thereof or amendment thereto, requires to be taken with respect to dogs not licensed, collared or harnessed and tagged within the ten (10) day period provided therein. 5.6.5 Promptly following the apprehension and confinement by the Officer of any such licensed dog, said Officer shall mail to the licensed owner thereof a notice of such apprehension and confinement, which notice shall include a statement of the last date on which said dog may be reclaimed as provided herein. The Officer shall also promptly v inform the Reading Police Department of such apprehension and confinement and of the description of such dog. Licensed dogs confined by the Officer pursuant to this Bylaw, shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition or they may be placed in the care of the holder of a kennel license or of a charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. 5.6.6 The owner or keeper of any licensed or unlicensed dog confined as provided for in this Bylaw may reclaim such dog upon payment of the costs and charges incurred by the Town for such apprehension and confinement and care of such dog, said charges to be Twenty Dollars ($20.00) for the apprehension of such dog, plus care charges of Ten Dollars ($10.00) for each full or partial day of confinement in a pound owned or leased by or under the control of the Town or the Officer. If the dog is confined in a place other than a pound owned or leased by or under the control of the Town or the Officer, the care charges to be paid hereunder shall be the actual charges incurred by the Town or the Officer for such confinement. No licensed. dog confined as provided in this Bylaw may be reclaimed until the owner or keeper thereof shall have paid all such costs to the Officer. The Officer shall pay over to the Town Treasurer-Collector all sums so paid to him, said sums to be applied to the cost of enforcing this Bylaw. 5.6.7 The fee for licensing dogs under M.G.L. Chapter 140, Section 139, shall be the amount set forth in Section 2 of Chapter 57 of the Acts of 1985, or such other annual fees as may be established from time to time by the Board of Selectmen. Licensing eligibility, dogs not required to be licensed, or refunding license fees shall be determined as provided in M.G.L. Chapter 140, Section 139. 5.6.8 The owner or keeper of any dog shall be responsible for the prompt removal of any feces deposited by the dog on public or private property, except on the property of the owner or keeper or otherwise with the permission of the owner or occupant of the property. The owner or keeper of a dog who does not comply with this Section 5.6.8 shall be punishable by warning or fine as follows: The Animal Control Officer shall issue a written warning to such owner or keeper for the first offense within a calendar year. The Animal Control Officer shall levy a fine of Twenty Dollars ($20.00) for the second offense within a calendar year, Thirty Dollars ($30.00) for the third offense within a calendar year, and Fifty Dollars ($50.00) for each subsequent offense within a calendar year. The provisions of this Section 5.6.8 shall not apply to a handicapped person who has the charge or control of a guide dog or helper dog. ~3' Article 2-3 2006 Annual Town Meeting 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 ` 1 10 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. 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 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 G.L. c. 40, § 21D., S L" 2 WAKEFIELD 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 businesses. 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. 3. Hours. No person shall perform any construction within the Town except between the hours of 7 a.m. and 7 p.m., Monday through Saturday, nor at any time on Sunday. 4. Exemptions. The restrictions set forth in this bylaw shall not apply to any work performed. a. by the Wakefield Department of Public Works and/or the Wakefield Municipal Gas & Light Department; b. on or in connection with a detached single family home or any structure accessory thereto (other than in the context of the construction of a new subdivision); and c. 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. 5. Permits. The Director of the Wakefield Department of Public Works or his designee (the Director"), may in his reasonable discretion issue permits in response to written applications authorizing applicants to perform construction during hours and/or on days forbidden by this bylaw. Such permits may be issued upon a determination by the Director 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 Director to mitigate the effect thereof on the community. The Director shall promulgate a form of application and shall charge a fee of $25 for each permit. No permit may cover a period of more than thirty days. Any person aggrieved by the decision of the Director to issue or to refuse to issue a permit, or by any conditions imposed by the Director upon a permit, may appeal to the Board of Selectmen, who shall hold a reasonably prompt hearing thereon, provided that any permit issued by the Director shall remain in full force and effect unless and until revoked or altered by the Selectmen. 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 X, activities of residents and businesses in the affected area and could be reduced or eliminated through reasonable mitigative measures. 7. Copy of Bylaw. The Building Department 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, and shall obtain from such person and maintain in the said Department's files a signed receipt acknowledging such delivery. 8. Enforcement. The Police Department shall enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of $50 for a first violation, $100 for a second violation and $300 for a third or any subsequent 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 G.L. c. 40, § 21D., 4 BEDFORD A. No excavation, demolition or construction work is permitted within the Town of Bedford except between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday (excluding holidays as specified in Massachusetts General Laws), or between the hours of 8:00 a.m. and 6:00 p.m. on Saturday (excluding holidays as specified in Massachusetts General Laws), or except 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 and except in the case of public work performed by Town of Bedford departments when the public interest, as determined by the department head, is served. C. Any violation of this bylaw shall be punishable by a fine of up to Four Hundred Dollars. Alternatively, the provisions of thus bylaw may be enforced by any Bedford police officer or by the Bedford Health Director by means of a non-criminal citation pursuant to M.G.L. C. 40 521D, pursuant to the following penalty schedule: First offense: Warning Second offense: $100. penalty Third offense: $300. penalty Fourth or subsequent offenses: $400. penalty For purposes of both judicial and of non-criminal enforcement, any day or portion thereof when a violation is suffered to exist shall constitute a separate offense. 1~' BURLINGTON 4.5 Construction Hours No commercial construction, demolition, repair, paving or alteration of buildings or streets or excavation shall be conducted between the hours of 7:00 PM and 7:00 AM, except with the approval of the Board of Selectmen. Anyone who violates this bylaw shall be subject to a fine of $300, each day to constitute a separate occurrence. This bylaw may be enforced through non- criminal disposition by the Building Inspector or any Police Officer of the Town of Burlington. This bylaw shall not apply to emergency activities of Town, County, State or Federal agencies or to emergency activities conducted by public utilities. . ~a Article 24 2006 Annual Town Meeting 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 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: V~ ~ 4 (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 revolted 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. 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 1 r~ J v\ 2 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 8:00 P.M. 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 §1-6 of Chapter 1, or, in certain cases, by arrest as provided in M.G.L. c. 101. a~ Town of Reading 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-6612 Fax: 781-942-9071 Email: creilly@dreading.ma.us Community Planning and Development Commission LEGAL NOTICE Notice is hereby given, under the provisions of Massachusetts General Laws Chapter 40A, Section 5, to consider Zoning By-Laws amendments for inclusion in the Annual Town Meeting for Spring 2006: the Community Planning and Development Commission (CPDC) shall hold a public hearing on Monday, February 13, 2006, at 7:40 PM, in the Police Station Community Room, 15 Union Street, for consideration of the following amendments to the Zoning By-Laws text: Section 4.3.2.8 Accessory Apartments: 1. The language of Section 4.3.2.8.2a is deleted and replaced with the word "Reserved" 2. The phrase", as it existed on August 1,1982" is deleted from Section 4.3.2.8e These language amendments are available for public inspection at the Community Services Department in the Reading Town Hall, Monday through Friday, 8:30 AM to 5:00 PM, and on the internet at www.ci.reading.ma.us/planning. This notice shall be posted conspicuously for at least 14 days prior to the hearing date at the Town Clerk's office. by CPDC Chairman - John Sasso Secretary - Dick Howard Please publish this notice for two consecutive weeks, on or before fanuary 30, 2006 and February 6, 2006. Please send bill to: Maureen Knight Town of Reading-Community Services Dept. 16 Lowell St. Reading, MA 01867 AP C:\Documents and Settings\phechenbleikner.TOWN\Local Settings\Temporary Internet Files\0LKIAB\spring061ega1.doc TOWN OF READING, MASSACHUSETTS Health Insurance Agreement March 1, 2006 through May 31, 2006 The following is the understanding of the teens of agreement on the issue of health insurance for the employees and retirees of the Town of Reading. Effective March 1, 2006, the Town of Reading will provide through MIIA to its active and retired employees, the Blue Cross/Blue Shield "Blue Care Elect Preferred" PPO product, the "HMO Blue" HMO product, and Medex III Medicare supplement for a period of three months, subject to renewal. The Town will elect the chiropractic rider to the HMO Blue program for the insurance year beginning March 1, 2006. The cost of the rider will be shared the same as the general cost sharing of the insurance program. There is no guarantee as to future continuation of the rider. 2. Effective March 1, 2006, the Town will from that time forward pay 70% of the cost of the insurance plan, subject to negotiations as may be requested in writing prior to March 1, 2006. If neither the Town nor the coalition bargaining committee submits a timely written request for negotiations, the 70/30 split will remain in force. If either party submits a timely written request, negotiations on cost sharing after May 31, 2006 will begin no later than March 7, 2006. If negotiations are not successful by May 1, 2006, then both parties would agree to mediation. During the mediation the current negotiated 70/30 split will remain in effect. This time table may be modified by mutual agreement of the Town and the coalition bargaining committee. The Health Insurance Advisory Committee, made up of representatives of each of the Town's Bargaining Units (including RMLD Units), plus a non-union employee appointed by the Town Manager and a retiree also appointed by the Town Manager, will continue to meet during the term of this agreement. The committee will monitor health insurance claims and other data provided by MIIA, with a focus on current trends and all other items that may affect premiums. The Committee may recommend periodic rebidding, or changes or modifications in the health insurance program for employees and retirees of the Town to be effective at the Town's open enrollment. No later than September of each year the Committee will make recommendations regarding the issue of renewal of the MIIA Blue Cross Blue Shield program, and no later than September of each year the Committee. will report to the Town Manager regarding their recommendations on health insurance. 4 The Town will allow retirees to re-enter the insurance program on an open enrollment basis every 24 months, starting with even years, thereafter at the open enrollment period, and provided that the retirement date is within 10 years of the open enrollment effective date. A retiree and/or his/her family may exercise this right only once. If a retiree opts to take Town coverage under this paragraph and then drops the coverage he or she will not be permitted to re-enroll. L 5 The Town Manager and the Board of Selectmen agree to request a health insurance budget for each year in an amount not less than the rate required to cover currently insured employees and retirees, at the rate specified in this agreement. If additional State Aid becomes available to the Town over and above the prior years levels of State Aid, and such funds are available on a non restricted basis, at the request of the coalition bargaining unit the Town agrees to reopen negotiations on the percentage of Town contribution to the health insurance program. The Town will consider as part of that negotiating process, the use of a portion of the increased Aid for health insurance purposes not to exceed the percentage of that increase that the current health insurance expense item represents of the total budget. In the event that this paragraph applies, it is subject to Town Meeting approval. 6 This agreement shall become effective upon ratification by all represented bargaining units (excluding the RMLD), and by the Board of Selectmen. This settlement shall be effective March 1, 2006 and shall remain in fiill force until May 31, 2006 unless the provisions of Paragraph 2 are instituted as to renegotiation and/or mediation. Board of Selectmen: ar ai n Unit: ~IMC I~Lti~G`~ sl h rl~c4i6l J J Camille Anthony Chainnan j ~ d ' 4 3's 4Z& f In Board of Selectmen Meeting January 9, 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 Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Attorney Bill Solomon, Verizon Representatives Peter Bowman, Paul Trane and Tom Antonucci. Discussion/Action Items Continued Verizon Hearing - Attorney Bill Solomon and Verizon representatives Peter Bowman, Paul Trane and Tom Antonucci were present. The Town Manager noted that the draft Minutes from the December 19, 2005 Meeting were in the packet. The purpose of the meeting is to follow up with Verizon on three items the definition of a cable system, an accelerated schedule for installations, and how businesses will be . addressed. He is not anticipating any decision tonight, and he recommends to continue the hearing to January 25, 2006 as a final continuation. Attorney Bill Solomon noted that the Town has negotiated and made compromises. If an agreement cannot be reached, then the Selectmen need to decide what to do. Chairman Camille Anthony asked how many times they have met since the last hearing. Attorney Solomon noted that there have not been any in person meetings but teleconference calls. There is no agreement on the three above mentioned issues. If these issues are addressed, then the rest falls into place. Chairman Anthony noted that the deadline is February 3, 2006. Verizon Representative Paul Trane noted that Verizon would jointly seek a waiver of the 12 month rifle if the Town was amenable to it. He also noted that they are continuing discussing the definition, and that the issue of getting cable to businesses is more a definition of build out. Verizon Representative Peter Bowman noted that this is a multi-million dollar investment for Verizon. They built the fiber and brought it to the Town. He feels that this is an economic development engine for the Town. It is a reliable network with 100 megabits. The overlay is existing in the aerial network with fiber in 98% of the Town. The other 4% of the Town is buried so they are going past those. They are negotiating the property owners of Summit Towers, Peter Sanborn and Frank Tanner. Board of Selectmen Meeting - Januarv 9. 2006 - Page 2 Mr. Bowman noted that in the Downtown area, the lateral connections will need to be done when the Downtown project is done so the street won't need to be dug up afterwards. He also noted that he will look at all of the buried developments, and work with the Town Manager to set up a schedule. Selectman Ben Tafoya asked if any resident, except for Downtown and Sanborn Village, can call tomorrow and set up a time for installation. Mr. Bowman noted that multi-dwellings and buried developments will take longer. Attorney Solomon noted that it is important that if they don't do something, then the license tell them they have to do something. For instance regarding businesses, the proposal is "may" provide services to businesses and that is not enforceable. He also noted that there are some locations that don't have a certain density that Verizon won't provide to if they are not required. Mr. Trane noted that there has to be a level playing field. There is nothing in the incumbent agreement to provide to all businesses. Chairman Camille Anthony noted that it is a good idea to set a schedule by type of installation; i.e., air, buried and multiple dwellings. Mr. Trane noted that there is a caveat in the license for certain areas. Attoorney Solomon indicated that clause gets them out of providing service when the development or buildings have no access within their reasonable determination, or for technical reasons or non-standard conditions or due to excessive costs, then they don't have to provide service. Mr. Trane asked if there are properties not receiving service now, and the Town Manager indicated that the parsonage at the Old South Church and the house next to the Fire Station because it exceeds the 100 foot limit. Comcast can provide the service but the property owner will have to pay extra for installation. Mr. Trane noted that they have negotiated three years to provide service to the whole Town. If they can do it quicker than that, they will. They are willing to develop a schedule with the Town. Chairman Camille Anthony asked about customer service. Mr. Trane noted that there are certain customer service items in the contract. They are committed to providing the best service, and they feel that they will win in the market place. Attorney Solomon, suggested that Paul Trane prepare a one page summary on how Verizon will serve the subscribers versus the federal regulations. Vice Chairman Richard Schubert asked about the definition of a cable system. The Town Manager noted that the ball is in Verizon's corporate court. The Town wants to reference the federal law, and Verizon wants to make changes to it. The Town Manager noted that the gross revenue is based on the cable system and it is referenced in other places in the contract. ,.av ` Board of Selectmen Meeting - January 9. 2006 - Page 3 Mr. Trane noted that there is also the issue of Title 2. Attorney Solomon noted that we are not trying to regulate the infrastructure - Verizon is seeking -a definition to shape the future. Verizon feels that if they provide service through the internet, then they don't have to follow the cable regulations. Mr. Trane noted that Verizon was given permission as a non-cable provider in New York. The Town Manager asked if Verizon will have a firm position on January 25, 2006. Mr. Trane. indicated that what is in the contract is their firm position. He also noted that they are here to negotiate and, hopefully, can reach an agreement. He also submitted a transcript of the last hearing. On motion by Schubert seconded by Tafova. the Board of Selectmen voted to continue the, hearing on the Verizon application to Januarv 25. 2006 at 7:00 u.m. in the Police Station Communitv Room. 15 Union Street was auuroved by a vote of 5-0-0. Review the Ston and Shon Plans - The Town Manager reviewed the Stop and Shop plans with the Board. The Board had concerns that the location of the building behind a sea of parking may not be the best layout for the site. They suggested moving the building closer to Walkers Brook Drive with the parking located to the east and to the south. The Board concurs with the Development Review Team's comments that the access drive on Walkers Brook Drive needs to be moved to a location more equidistant between General Way and New Crossing Road. The Board indicated that they feel very strongly that access from the Danis property to the New Crossing Road property must be achieved as part of this site development. The Board noted that an equitable arrangement would need to be made between the property owners. Review Action Status Report - The Town Manager reviewed the Action Status Report. Policv of Detours - The Town Manager noted that the Police Chief, the new Safety Officer and DPW will work together on this. Ash Street Crossing,- The Town Manager noted that Jiffy Lube is not interested in giving up any property. The Board may have to take a sliver of property, and then it would have to go to Town Meeting. The Town Manager noted that the MBTA will help out with funding to eliminate the grade crossing. An appraisal needs to be done. Gazebo Circle - The Town Manager noted that CPDC held back $30,000 to address drainage issues. The Town Engineer noted that there is a solution, and he will meet with the consultant engineer. Pitman Bike Path - The Town Manager noted that this is still in the concept stage. He will find out if funding is still available. 3 W Board of Selectmen Meeting - Januarv 9. 2006 - Page 4 Downtown Improvements - The Town Manager noted that borings are being done for the mast arms. Money is available. Mass Highway is reviewing the final plans. When it is approved, they will go out to bid, and then the Town will meet with the contractor to work out a schedule. Vice Chairman Schubert asked if this will be done in one construction season, and the Town Manager indicated that it will not. Downtown Parking - The Town Manager noted that there have been a number of changes requested. There will be a workshop meeting on February 21, 2006 to deal with this issue. He will get an update from the Police Chief on the number of reserved parking spaces that have been sold. Imagination Station - Selectman James Bonazoli noted that sample materials are being tested. Chairman Anthony noted that we need a plan. Selectman Bonazoli noted that the Recreation Department funds are self supporting. The Town Manager noted that we need to get a group to do fundraising for Imagination Station. Lost Dogs - Chairman Camille Anthony asked what other communities do, and the Town Manager noted that he thinks most use private kennels. Chairman Camille Anthony reviewed the procedure for the January 17, 2006 Addison-Wesley meeting. A motion by Tafova seconded by Bonazoli to adiourn the meeting of Januarv 9. 2006 at 9:50 mm. was auproved by a vote of 5-0-0. Respectfully submitted, Secretary 57el-I Board of Selectmen Meeting January 25, 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 Police Station Community Room, 15 Union Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Special Counsel Bill Solomon, Verizon Representative Paul Trane, Town Manager Peter Hechenbleikner and the following list of interested parties: James Ruszkowski, Cheryl and Michele Eason, Susan Nicolosi, Theresa Boucher, Ed Parish, Sheila Poschman, Patricia Harty, Keith Berker, Dom LaCava, Theophslos Kuliopoulos, Philip Morris Jr., Paul Boudette, Bill Toomey, Paul Powell, Dick Curtis, Harry Wheeler, Paul Cain, Marie Lasota, Eric Edgington, Mike DiNatale, Ruth Kennedy, G. Augustine. Discussion/Action Items Continued Verizon Hearing - The purpose of this meeting is to review and potentially approve a Cable TV franchise with Verizon New England. The Town Manager reviewed the proposed final agreement that was distributed to the Board of Selectmen this evening. Verizon has committed to snaking contact with all multiple dwelling units by the end of this year for installation. They have committed to providing a schedule to the Town Manager for installation of all underground service. They have committed to connecting the underground service in Reading Square to the laterals into the buildings as part of the Town's construction season. Special Counsel Bill Solomon asked Verizon whether their intent was to abide by this license fully, and Verizon Representative Paul Trane indicated that they did. Vice Chairman Richard Schubert noted that the number of e-mails they received stated that there was interest in having Verizon as a competitive cable service in Reading. These were helpful. On motion by Tafova seconded by Bonazoli, the Board of Selectmen approved the following Resolution drafted by Bill Solomon: WHEREAS, the Board of Selectmen of the Town of Reading, as Issuing Authoritv. pursuant to Chauter 166A of the Massachusetts General Laws and the anDlicable r_gulations promulgated Dursuant thereto (207 CMR 3.00 - Licensing'), has determined that the grant of a non-exclusive Cable Television Provisional and Final License to Verizon, New England, Inc. is consistent with the public interest: and WHEREAS. based upon all relevant materials submitted by Verizon New England. Inc. in accordance with 207 CMR 3.00. the Board of Selectmen deems both Verizon and the, application of Verizon New England. Inc. as amended, to be qualified with respect to the grant of a Cable Television License in the Town of Reading s,~ Board of Selectmen Meetinp, - Januarv 25. 2006 - Paae 2 NOW. THEREFORE. the Board of Selectmen grants a Provisional/Final Cable Television Final License to Verizon New England., Inc. (said License shall be entitled "Cable Television Final License"). by a vote of 5-0-0. Five copies of the license were signed by the Board of Selectmen and given to Verizon for their signature. On motion by Bonazoli seconded by Tafova. the Board of Selectmen voted to adiourn the meeting of Januarv 25. 2006 at 7:30 u.m. by a vote of 5-0-0. Respectfully submitted, Secretary 47, THE LICENSING BOARD OF THE TOWN OF READING HEREBY GRANTS A RESTAURANT LICENSE to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages To be Drunk on the Premises License No. 101600025 TO: THE BOLAND GROUP, III, L.L.C. d/b/a FUDDRUCKERS, 50 WALKERS BROOK DRIVE, READING, MASS. on the following described premises: The premises contains approximately 6,500 sq. ft. and is situated at ground level. There is an exterior door directly to the outside and an interior door to the remainder of the floor of the building into common area. This license is granted and accepted upon the express condition that the licensee shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made thereunder by the licensing authorities. This license expires December 31, 2006, unless earlier suspended, cancelled or revoked and is subject to the following conditions: ♦ All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed; ♦ All alcohol is delivered to the customer by an employee; o No televisions or similar devices; No carafes, pitchers - single serving only; ♦ Patron must be seated to be served; ♦ There will be no bar; o There will be a barrier not less than 3' in width between the seating area and the outer lobby or the tables next to the lobby area will be moved; ♦ There will be no alcohol placed on the service counter top. In Testimony Whereof, the undersigned have hereunto affixed their official si natures this 23rd day of January, 2006. The hours during which Alcoholic Beverages may be w f 7/1 sold are: _ From 11:00 a.m. to 12:00 W W" midnight on weekdays, and 12 noon to 12:00 midnight on Sundays.,, ri LICEN AR THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IWA CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ. v v v v v®~ . tee, ~ • v , ~ ~ . ~ , ~ , v , ~ ~ . ~ ~ . . ~ , ~ ~z is It:' i 1 cce Maio 6~ f1f1 9B/LLCL~G(/E9 J °rv. r a c ~ Zmb JAN 27 AN 10, 47' !QI P SJS 201^ MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON ROOM 124 MINORITY LEADER TEL. (617) 722-2100 January 26, 2006 Rep.BradleyJones@hou.state.ma.us Mr. Peter Hechenbleikner 16 Lowell Street Reading MA 01867 Dear Mr. Hechenbleikner: Yesterday, Governor Romney released his budget recommendations for Fiscal Year 2007. Due to increasing tax revenue growth the Governor's total budget increased about 5.3% from FY'06 to $25.2B. We are pleased to report that the Governor's budget increases local aid to cities and towns by about $197.9 million or 17% over last year's spending plan and increases education aid by 7%. The budget proposes to increase local aid distribution by the immediate 100% uncapping of the lottery giving cities and towns an additional $158.7 million. There is no increase in additional assistance, however, the overall appropriation for PILOT accounts increased by 57% from $16.1 million to $25.3 million. Chapter 70 funding increased this year to $3.45 billion, an increase of $163.7 million for local cities and towns with a large amount dedicated to increases in inflation and enrollment. The budget dedicates about $95M:to the Governor's, education reform initiative, including:. Targeted . Intervention in turnaround schools ($25M), Teacher Pe>formaiice Pay ($25M), Laptop Computers for every student in grades six and seven ($18M), Differential Pay for AP math & science and those in the Commonwealth Teaching Corps. In addition, $15 "million will go to fund pilot programs for extended learning time. It is important to note that these education reform initiatives that the Governor has' proposed would only be distributed locally if the Legislature decides to implement these reforms in the final budget. Locally, the Town of Reading would see an increase in these accounts alone of 10.95% in local aid from last year if approved. Even though they are only preliminary . and are subject to legislative revision, the Governor's local aid figures for the town are as follows: Governor's Local Aid Proposal - Town of Reading 1 FY'06 { Chapter 70 Aid 1 $6,290,157 { Lottery Distribution ti $2,083,179 Additional Assistance ( $1,534,901 { State Owned Land (PILOT) 4 $53,780 { FY107 $ 'Chanae ( % Change $6,939,462 { $649,305 10.32% $2,461,971 5 $378,792 18.18% { $1,534,901 1 { $44,914 1 ($8,866) { -16.49% The next few months will involve much analysis of the Governor's Budget proposals as the Legislature prepares and then debates its own version of the budget. •Though nothing is: guaranteed, it is our hope the Legislature will'adopt final local` aid~riit.bbers at or above the. Governor's proposals. -.We trustthese proposals come as welcome news to the'town-as you prepare.your municipal budgetTor next year: As always,. we will strive to keep you updated of_any.budget developments here on Beagon Hill Should you have any`questions,please do not hesitafe to contact us at your convenience. Richard R. Tisei Senate Assistant Minority Leader t( Ccomcast Comcast Cable 676 Island Pond Road Manchester, NH 03109 603.695.1400 Tel 603.628.3303 Fax www.comcast.com c. e..- January 18, 2006 Board of Selectmen c Town of Reading 16 Lowell St. Reading, MA 01867 Re: Annual License Fee for 2005 Dear Chairman & Members of the Board: In accordance M.G.L.c.166A §9, enclosed please find the Town of Reading 2005 license fee payment equal to $0.50 per subscriber as of December 31, 2005. The payment is being submitted in the amount of $3,793.50, therefore reflecting 7,587 subscribers as of such date. Please do not hesitate to contact me at 978-207-2264 should you have any questions in regards to this or any other cable related matter. Sincerely, 1: ?~el2a Jane Lyman Manager of Government & Community Relations /dmm Enclosure 8l % COMCAST FINANCIAL @10mcast AGENCY CORPORATION A Comcast Cable Communications Group Company Eastern Division 200 Cresson Blvd. Oaks, PA 19456 Date : 11-JAN-06 Vendor Name : READING TOWN OF MA INVOICE NO. INVOICE DATE DESCRIPTION 010466FF 04-JAN-06 2 MARC LOCKARD/304/2005/.50 ANN TOTAL 0239540?8311' 1:044 L i5443i: 6?5 5 28 3 4 311' REMITTANCE ADVICE No. 239540783 Vendor•No.: 154878 DISCOUNT AMOUNT NET AMOUNT 0.00 3,793.50 0.00 3,793.50 bj(~~ 2W JAN 26 AM 11: LJO Robert J. Levy Jr. 5 Washington Street Reading, MA 01867 January 24, 2006 Selectpersons: I am writing to you, because I am concerned about the project that was proposed at the Addison Wesley site. I was watching the rebroadcast of the meeting that the citizens of Reading were voicing their concerns for their neighborhood. I live on Washington Street and I would like to express a few points against the project. 1.) I can tell you that the traffic that will spill onto Woburn Street from that proposed Mall will cause more accidents and will make it harder to exit my street than it is now. 2.) It will take revenue away from the businesses in the center and the surrounding areas of the town and cause them to close. 3.) It inhibits the police and fire departments from getting to emergencies in those neighborhoods around the proposed project site. Just look at the traffic jam that occurred during the elections that were held at Addison Wesley that should give you some indication of what it would be like. 4.) There are five malls within a two mile radius right now, ( Walkers Brook, Woburn Mall, Kohl's Mall, Redstone and the Lowe's Mall) another mall is not needed. An office park would be more practical. 5.) Reading would not be the respected town it is now. I grew up in Chelsea in a time where we used to walls down the square said hi to our neighbors. We had a very friendly and prosperous city until they put in the malls. The malls put several or more fine establishments out of business. The owners knew people by their first names, gave donations to the local schools, and held different contest for the local youths to help their talents to be enhanced. That all was gone when the malls were built and Chelsea was soon changed and not for the better. Please do not let this project become a reality, be patient for something a little more worthy of the people of Reading. Thank you for taking the time to read my letter and I hope as a community we can all make Reading a better place to live. Aob y - / 11 fcI The Commonwealth of Massachusetts Executive Office of Public Safety One Ashburton Place Boston, Massachusetts 02108 Tel: (617)7 27-7775 TTY Tel: (617) 727-6618 Mitt Romney Fax: (617) 727-4764 Edward A. Flynn Governor www.mass.gov/eops Secretary 'ED Kerry Healey Lieutenant Governor January 20, 2006 x,. Chief James Cormier Reading Police Department - 0 15 Union Street Reading, MA 01867 Dear Chief James Cormier, Thank you for your dedication and hard work in performing address audits on registered sex offenders in your jurisdiction. Your department's commitment to public safety and sex offender management, and its cooperation with the Sex Offender Registry Board, has yielded phenomenal results for the sex offender registry address verification program. In calendar year 2005: 97% of the police departments with jurisdiction over Level 3 offenders conducted address audits, and 85% of the departments also conducted address audits on Level 2 offenders; 3,492 address verifications were conducted; and 108 registered sex offenders were identified through the audit as in violation. Sex offenders are the most difficult population to manage in the community. Public safety is best served by our combined efforts to track these individuals, and to ensure that sex offender registry data is accurate and up-to-date. I am pleased that you have made sex offender address verification a priority for your department, and I am proud to work with you on this program. I look forward to future collaborations on sex offender management initiatives, and to the continued implementation of the address audit program. Sincerely, Edward A. Flynn Secretary of Public Safety cc: ' Mayor/Board of Selectmen C~- 0 PRINTED oN RECYCLE) P"m 1100 Vermont Avenue, NW Washington, DC 20530 Chief James Cormier Reading, Town of 15 Union Street Reading, MA 01867 Dear Chief Cormier: b t c 3~, s sd~C U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division January 23, 2006 I would like to thank you for your grant application under the COPS in Schools program (CIS). The COPS Office received an overwhelming response to the open solicitations for CIS applications during 2003' and 2004. During those solicitations, the COPS Office received nearly 1,800 individual CIS applications requesting over $400 million in federal funds. Due to the high demand, unfunded applications were carried forward.through subsequent fiscal years in anticipation of funding as many as possible. Unfortunately, as of this date, COPS has only been able to fund 185 CIS 2003 and 2004 applications for $69.6 million. In other words, only 10% of the total number of applications received were actually funded. For FY 2006, no additional funds were appropriated. to the COPS Office for CIS. With no CIS funding available, we regret to inform you that we will be unable to fulfill your request for additional officer positions. Please note that the overwhelming demand and limited funding meant that the COPS Office was forced to make many difficult funding decisions. Funding selections were ultimately based on a number of factors, including the number of previous COPS hiring awards applicant agencies received, application completeness and accuracy, and statutory mandates which govern how CIS and other COPS hiring funds are to-be allocated. Ultimately, however, there simply was not enough CIS funding available'to fund all legitimate, quality requests such as yours. . While we do not know.what lever of funding will be appropriated for CIS in future years, we encourage your agency to re-apply for the program should CIS funding become available. Again, thank you for your interest in COPS in Schools funding. We sincerely regret that we were unable to fund your application. If you have any questions about this letter or future COPS funding opportunities, please feel free to contact your Grant Program Specialist at 1.800.421.6770. Sincerely, . Robert A. Phillips Deputy.Director for Operations January 27, 2006 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Members of the Board: y jfU ?,o l}ii 11: 42, ~omcast Attached please find a copy of the 2005 Annual Consumer Complaint Form "Form 500" as required by Chapter 166A of the General Laws of Massachusetts. As you will see from the overall summary, customer complaints continue to decline which is an indicator that consumers are relatively if not highly satisfied with Comcast's products and services. We believe this to be primarily attributable to the many improvements Comcast initiated throughout 2004 and 2005. Notwithstanding the demands and complexities we consistently face including handling - more than 3 million interactions with our Massachusetts customers monthly - overall customer complaints continue to trend downward as captured by the Form 500. Customer complaints alone were down by 11% compared to 2004 - and complaints about customer service have decreased by almost 31 Please be assured the company will continue to focus on its "Think Customer First" initiative in hopes of further reducing customer complaints while increasing consumer satisfaction. Every employee in New England has been charged with thinking about the customer first and foremost while fording new and innovative ways to make the customer experience with Comcast the best it can possibly be. Throughout 2006 we will continue to reach out to our customers for their feedback as to our performance. The Form 500 requires operators to report how they respond to customer's concerns about the operation of their cable system, including the time it takes to resolve a complaint. As you may be aware the Division defines "complaint" for Form 500 purposes as: Any written or verbal contact with a cable operator in connection with subscription in which a person expresses dissatisfaction with an act, omission, product or service that is (1) within the operator's control, and (2) requires a corrective measure on the part of the operator. Comcast is proud of the commitment it has made in customer service, which continued to improve despite a year of constant change. We are proud to offer such important products such as: Video on Demand, High Definition, Digital Video Recorders, and new services such as: Comcast Digital Voice. We will continue to work on "Best Practices " to farther enhance the customer experience with Comcast. A copy of this Form 500 has been forwarded to the Massachusetts Department of Telecommunication and Energy, Massachusetts Cable Division. If I can be of further assistance to you on any matters related to this report, please feel free to contact me at 978-207-2264. Very truly yours, C~~~-M . Ar", 41ane M. Lyman Manager of Government & Community Relations Enclosure Form 500 Complaint Data Comcast Cable Communications 676 Island Pond Road, Manchester, NH 03109- 26z/an-06 (978) 848-5476 Code Key: Avg. Resolution Time Code Key: Manner of Resolution <1> Less than 1 Day <2> 1-3 Days <3> 4-7 Days <4> 8-14 A. Resolved to the satisfaction of both parties. Days <5> 15-30 Days <6> >30 Days B. Resolved, customer dissatisfied. C. Not Resolved. Town READING Av Manner of Resolution (see code key above for the manner represented Avg by the letters below) The number below each letter indicates the number of complaints Year 2005 I Total Resolution resolved in that manner. Complaints Time (see Subscribers 7587 code above) A. B. C. Advertising/Marketing 1 <3> 1 0 0 Appointment Service Call 40 <2> 38 2 0 Billing 27 <2> 24 3 0 Customer Service 1 <2> 1 0 0 Equipment 55 <2> 53 2 0 Installation 163 <2> 160 3 0 Service Interruption 124 <2> 117 7 0 N 9 Form 500 Service ComcaS$ Cable Communications 676 Island Pond Road, Interruption Data Manchester, NH 03109- 26-Jan-06 (978) 848-5476 Code Key: Duration of Service Interruption I <1> Less than 1 Day <2> 1-3 Days <3> 4-7 Days <4> 8-14 Days <5> 15-30 Days <6> >30 Days Town ( READING Year 2005 ( Subscribers 7587 Date of Service Interruption I I Duration of Service Interruption (see Code Key above) READING 12/04/2005 ( <1> READING 11/25/2005 ~I <1> READING 11/12/2005 <1> READING 09/04/2005 ( <1> READING 08/2012005 ( <1> READING 08111/2005 I <1> READING 07/08/2005 II <1> READING 06/16/2005 <1> READING 05/12/2005 ~I <1> READING 0 4/1 812 0 0 5 <1> READING 03/21/2005 <1> READING 03/1512005 <1> READING 02/14/2005 <1> READING 12/2612004 ~I <1> .a V V 1 Massachusetts M11A Interlocal Insurance Association January 28, 2006 Mr. Peter Hechenbleikner Town Manager Town of Reading 16 Lowell St. Reading, MA 01867 Dear Peter, a -z, r V1 1 vti We are pleased to inform you that your application for a MIIA Loss Control Grant has been approved for the following items and amounts. Safety Equipment- gas detector unit $1600 You may choose to have the vendor/supplier invoice MIIA directly or MIIA will reimburse you upon receipt of a copy of a paid invoice. All grant monies must be invoiced by June 15, 2006 or award may be forfeited. Please contact myself or Mary Ann Marino if you have any questions. Very truly yours, effrey J. Siena Loss Control Manager t ~ c Qc~ One Winthrop Square, Boston, MA 02110 C. C- (617) 426-7272 or (800) 374-4405 Facsimile (617) 426-9546 3 1 An Interlocal Service of the Massachusetts Municipal Association Ll C QD_S From: Gary Phillips [gdphillips@comcast.net] Sent: Tuesday, January 31, 2006 2:28 PM To: Pat Schettini (PSchettini@Reading.k12.ma.us) Cc: Rob Spadafora (rspadafora@comcast.net); Elaine Webb (elwsail@yahoo.com); Carl McFadden (cmcfadden@ftmc.net); John Carpenter (carpenter114@yahoo.com); Lisa Gibbs (lisa@samanthasharvest.org) Subject: Request for Public Information of January 13, 2006 On January 13th I requested a copy of the Barrows @ Wood End daily Nursing Incident Logs showing the number of incidents and treatment received by students or staff for the last week of May 2005 until the end of the school year, June 2005. 1 also requested the names treated be redacted so not to impede my request within the 10 day legal limit. On January 25, 1 received your response by mail. All significant log information was blotted out except for the nurse's signature and time of each incident. Of course this eliminated the most important element of my request. You stated, "certain information has been redacted on the advice of counsel". I am requesting you please provide me with a written copy of the unnamed counsel you referenced in your January 23 letter supporting your action to delete and withhold that public information from me. I am aware, from first hand accounts and 2 letters received by the Town's Health Department, that several students and some staff were treated for heat related illnesses, despite denials from school and town officials. The public information on the school health logs will reveal which findings are of fact. As I stated previously, data from school health records or logs are used to show evidence of student health problems - like the heat related illnesses that occurred last spring at Wood End that should be addressed, and are regarded as public information. An example of the use of that kind of general non-personal public information can be found in the RMHS High Flyer Newsletter, in the "Focus on Health" column which makes note of "585 students visited the health office, 190 more than last September. There were 142 more absences this September as compared to September `04". This information should be used to frequently monitor air quality in the high school during construction and is considered public information or it would not have made public by the nurse at that school facility. I find it peculiar and frustrating that a public official is willing to seek interference from counsel to deny parents and taxpayers what is in their interest and right to know. I am amazed at the! length to which some of our public officials will go to conceal construction deficiencies and unhealthy conditions at the brand new Wood End Elementary School. According to the information you provided me when I requested a copy of the most recent nurses' contract, the nurses are currently working without a contract because it expired June 30, 2005? Gary Phillips l I - Lr- - D r 1~e Afl ac k 1/31/2006 5 S 1-T IC-n b 1 D V 8l Patrick A. Schettini, Jr. Superintendent January 23, 2006 Mr. Gary Phillips 42 Willow Street Reading, MA 01867 Dear Mr. Phillips, RMAIDING PUBLIC SCHOOLS ADMINISTRATION OFFICES 82 Oakland Road, Post Office Box 180 Reading, Massachusetts 01867-0280 Telephone 781-944-5800 Fax 781-942-9149 John E Doherty Assistant Superintendent Mary C. DeLai Director of Human .Resources and Finance In response to your request for information dated January 13, 2006, please find attached, copies of the daily nursing logs for the period of May 2005 to June 2005 for Barrows @ Wood End as well as a copy of the current nurses' contract and school nurse and Director of Nurses job descriptions. Certain information has been redacted on the advice of counsel. If you have any questions, please feel free to contact me. Patrick A./Schettini, Jr. Superintendent of Schools c: Reading School Committee The Reading Public Schools does not discriminate on the basis of race, color, sex, religion, national origin, sexual orientation, age or disability. From: Gary Phillips [gdphillips@comcast.net] Sent: Friday, January 13, 2006 12:07 PM To: Pat Schettini (PSchettini@Reading.k12.ma.us) Subject: Request for Information Please provide me with a copy of the Barrows @ Wood End'daily nursing incident logs that are kept at each school that shows the treatment received or incident requiring the students, and/or staff to receive attention from ariy and all school nursing staff who were on duty during the last week of *May 2005 until the end of the school year, June 2005. Please redact the names of the students and/or staff treated so not to impede my request within the 10 day legal' limit. I understand through first hand accounts from students and some staff that they were treated for heat related issues over that time period, contradicting previous statements made by school personnel I understand through the National Health, Mental Health and Safety Guidelines for schools that the Federal law know as Health Insurance Portability and Accountability Act (HIPPA) only applies to personal student health records such as immunization records and student medical conditions information that is transferred from the student's health care providers and the school nursing staff, and does not apply to daily school nursing incident logs. Please provide me with a copy of nursing guidelines that delineates the handling of personal' student information as required by HIPPA, and the date that the School Committee approved that policy. Also provide me with a copy of the latest nurses' contract in effect, and a copy of the nurses'; job description, including the head nurse/health coordinator for the district. Data from school health records are used to show evidence of student health problems like the heat related illnesses that occurred last spring at Wood End that should be addressed, and are regarded as public records information. An example of use of that kind of information can be found in the RMHS High Flyer in the "Focus on Health" column which makes note that "585 students visited the health office, 190 more than last September". "There were 142 more absences this September as compared to September'04". This information should be used to frequently monitor air quality in the high school during the construction. Thank you for your help in accessing this public information. Gary Phillips r vv -r a Into pounG 0 i 1 a ' i 'rM W. .:r i(( i 1 ~ i~ ry fi T y e". - - - DATE. N--aA4-- 3 TIME DISPOSITION OUT 4 MEMO i PAP:ENTS )TALS= VISITS:_ VISITS: DIS. llS: 1 CONECORES MEDS: ' ,cam 1 DIS. SCHOOL IMALTH LOG BARROWS ELEMMTARY GR REASbN TIME NAME IN Ct 2 3 4 5 b - 7 8 14 l 11 l2 t3 7 4 5 f ~ Q U ❑ i )TALS: VISITS; 'AFF;-- VISITS; DATE: g- i-`', Tlww DIS. DISPOSITION OUT 1 - MEDS: l pOf PORES PARENTS xr 1. WDS *RSE 1 i _00L HEALTH LOG BARROWS ELEMENTARY SCHOOL TIME NAME GR REASbN &cv~ cl-~ DATE: w.S ✓ DISPOSITION 2 3 V 4 L ~Y 5-k3 6 cl` ,t 7 8 9 ~o 10 ~Wa 11 - f 2 13 o 10 ig P- 14 ` i G _ I5 16 . ►TALS: VISITS: MEDS: - -s DIS AFF: VISITS: MEDS: CONF: i NURSE CORES PARENTS 9 ) ~ ev-c~~ i ,fna Dille 6JT 1 ~ 31 i r iTALS: DIS_ VISITS ~~~gSE 1~ U r5 jo~' DATE: 61cilocs- / ) DISPOSITION TIME DIS. OUT - MEDS: - - DIS: OTALS: VISITS; PARENTS I'AFF: VISITS: MEDS: i CONF: CORES E 'RCIi--OL HEALTH LOG BARROWS ELEMENTARY SCHOOL TIME NAME GR REASON IN ' 1 2 3 4 5 6 17 8 9 10 11 12 13 14 15- [6-' ? 8 9 0 1 i :)T .LS: CAFE: - - DATE: 4 r~ l 0,. A G Z~ i DISPOSITION f TIME DIS. I 6~F-~ n .A PARENTS VISITS: MEDS: ! CONF: CORES i 1 URSE [VAIA -40 ,Nc;H.-~OL HEALTH LOG BARROWS ELEMENTARY !CHOOL TIME NAME GR REASON IN , 1 ~t 2 ^ 3 4 f 5 ' 6 . - i y 7 1 18 9 10 I1 , 12 L 13 j 14 15 L6 77 8 r Q~ \ 1 . 4 :)TALS: VISITS: MEDS: - i DIS: GAFF: - - VISITS: MEDS: i CONF: 4 < t `~`~4 NURSE CORES PARENTS SUHO3 NOIUSOdSIQ, fi 3S~ I ;SIQ - I- - :SQHl+1t :SGaK :SJUSIA :SLISIA c~ ZOOHO~XWVJ S M SMOWW9 I gwvK - -:33d3 : S'Id1.0 z o~ 6 L1 3AT 91 SI ti~~~1 trt ch1~ ZI Oi ` 6 QD r 8 lldl(A? L Z III ~II.L JO'I H.Lly H 110OHaS -!~Yjl-61 - -~DISPOS'Tlo"' } _VISITS~- ct~TALS~ VISiTS~-- iDIS:_ 'Coo "S: CC4*- ~'(3RSE PA~~~'TS L / C~cs Unitarian Universalist Church of Reading Save The Date The congregation of the Unitarian Universalist Church of Reading Invites you to attend . The installation of Rev. Timothy A. Kutzmark as minister Sunday, March 19, 2006 at 3:00 PM In the church sanctuary 239 Woburn Street Reading, MA 01867 Further details to follow. 239 Woburn Street, Reading, Massachusetts 01867 tel: 781-944-0494 fax: 781-944-1777 email: uucr@uureading.org web: http://www.uureading.org U/ lC ~4vyr. 60 ct r~F s 4 hrWRA ce a VOL S ADVISORY o \v BOARD r, ..\-ews t The Case for Debt Service Assistance Forty-seven MWRA communities, representing 97.5% of the service area have endorsed a Resolution requesting that the Commonwealth provide a minimum of $25 million in Debt Service Assistance (DSA) for FY07. A complete list of the communities supporting the Resolution, as well as a presentation on the need for Debt Service Assistance, can be viewed on the Advisory Board's website at www.mwraadvisolvboard.com. MWRA Advisory Board 2005 Legislator of the Year Award. Speaker of the House Salvatore F. DiMasi and Senator Robert A. Havern were presented with the MWRA Advisory Board 2005 Legislator of the Year Award on Januaiy 19, 2006 at the State House. MWRA Chair Katherine Haynes Dunphy noted the efforts made by both on behalf of ratepayers. DEP Issues Revised Water Management Act Permitting Policy (One Size Fits All) The MWRA Legislative Caucus led a successful The Department of Environmental Protection's revised Water effort in FY06 to restore DSA, securing $12.5 million Management Act Permitting Policy ignored the concerns raised by for the Program. water supply communities, the MWRA and the Advisory Board at the Advisory Board's October 2005 meeting. In addition to the community Resolutions, Advisory Board staff will be circulating a Legislators' The Advisory Board will continue to work closely with the Resolution requesting that DSA be doubled to at least Massachusetts Water Works Association to change the policy. $25 million for FY07. Water System Expansion Appropriation Discontinued Governor Mitt Romney's recently filed fourth State Budget has the same amount allocated for Debt Service Assistance Funding as his last three budgets: zero. Budget Review Underway Advisory Board staff have begun to review the FY06 Current Expense Budget Amendment proposed by the MWRA. The budget amendment primarily addresses increases in energy costs. Comments and Recommendations will be discussed at the February 23'd meeting of the Advisory Board. The MWRA Enabling Act empowers the Advisory Board to review and comment on the Authority's Proposed FY07 Capital Improvement Program. Staff will provide draft Comments and Recommendations at the Advisory Board's March 16`h meeting in Canton. In a presentation to the MWRA Board of Directors, MWRA staff identified a minimum of 36 million gallons per day available for sale. Staff identified 25 communities who may require MWRA water in the future. The MWRA Board of Directors intends to provide staff with parameters for water system expansion at its March 2006 meeting. EPA Chief Sees $500 Billion Water and Wastewater Infrastructure as Top Priority Environmental Protection Agency Administrator Stephen Johnson, at a panel discussion marking the agency's 35`h Anniversary, stated the agency's top priority is fnid ng innovative ways to pay for costly upgrades to the nation's aging wastewater and drinking water infrastructure. Mr. Jolmnson estimated the cost of these upgrades to be $500 billion. However, federal fimding for the Clean Water State Revolving Loan Fund has been declining; funding in FY06 fell below the $1 billion mark to $900 million. Further reductions are under .onsideration for the next budget. Upcoming Meetings/Events February 2 - System Expansion Committee - 10 am - Adv Brd office Advisory Board staff will outline its February8 - MWRA Board of Directors Meeting - 10 am -Charlestown recommendations for the Authority's Proposed FY07 February 17 - Advisory Board Executive Committee Meeting Current Expense Budget at the May 18`h Advisory 8:30 am at Advisory Board office Board meeting in Boston. February 23 - MWRA Advisory Board Meeting 11:30 am at the Wellesley Free Library If you have any questions regarding topics raised in this newsletter or any other MWRA issue, please contact: Mary Ann McClellan, Executive Assistant • Phone: 617-742-7561 • Fax: 617-742-4614 ■ Email: marvann.mcclellan ra.st. te.ma.us Web Site: www.inwraadvisoryboard.com News. Release For Immediate Release BOSTON, MA 02I08-5170 617-720--I000 FAX 61~-720-0799 November 22, 2005 MTF Calls on State to Dedicate 40 Percent of Tax Revenues to Local Aid, Benchmark Municipal Costs In order to help address the relentless squeeze on municipal finances, the state should dedicate 40 percent of annual revenues from income, corporate, and sales taxes to local aid, according to the Massachusetts Taxpayers Foundation's 35th annual analysis of local revenues and spending. The Foundation also recommends that the Commonwealth develop a new system for benchmarking municipal costs in order to ensure that the state's 351 cities and towns a e using taxpayers' dollars effectively. Total Reduction in Local Aid Below Fiscal 2002 $250 - $0 -$250 C ;n?r -$500 -$750 _ _ -$1,000 2003 2004 2005 2006 The MTF study, Municipal Financial Cl Nominal ® 2004 $ Data, paints a picture of continuing stress on local finances in fiscal 2005 even with modest increases in state aid: Municipal stabilization reserves declined for the first time in a decade; excess taxing capacity under Proposition 2'/2 fell for the fourth year in a row; and local operating surpluses decreased as well, contributing to an almost $150 million, or 25 percent, drop since 2002. While the recent sharp rise in health care costs has added to the pressure on municipal budgets, state aid policy has been the primary contributor to local fiscal stress, according to the N4TF study. Despite additional aid dollars in 2005, assistance to cities and towns remained $750 million, or 14 percent, below 2002 after adjusting for inflation, with aid levels well below 2002 in almost every community in the Commonwealth. Even with increases in aid in 2006 as well, most of that progress will be wiped out by inflation. "Although municipal leaders have raised property taxes, hiked fees, tapped reserves, and cut services in order to maintain fiscal balance over the last four years, local finances are still deteriorating in many, if not most, communities," said MTF President Michael J. Widmer. To address the chronic squeeze on local finances - and to bring constancy to the state's efforts to support municipal budgets - the Foundation recommends that the Commonwealth dedicate an amount equal to 4 percent of annual revenues from the state's three major tax sources to formula aid for cities and towns. E/ L C l ( 333 WASHINGTON STREET The 40 percent commitment would restore overall funding for the three major local aid accounts - Chapter 70, additional assistance, and Lottery - to its 2002 level (after adjusting for inflation) and provide a modest increase of about five percent. Had this policy been in place in 2005, it would have resulted in additional aid to cities and towns of over $1 billion. This proposal builds on a key recommendation of the Municipal Finance Task Force, a statewide group of elected officials, business leaders, and local fiscal experts led by John Hamill, chairman of Sovereign Bank New. England. • Given the magnitude of the dollars involved, the new revenue-sharing policy would need to be phased in over several years; the policy would also need to be coupled with a serious re-examination of the formulas used to distribute state aid, in order to avoid perpetuating the existing inequities in the distribution of dollars among communities. • As with the recent financial reforms of the MBTA and the School Building Authority, the Foundation recommends that the 40 percent commitment be implemented by dedicating portions of specific axes, an approach that would establish for cities and towns a reliable stream of revenues that would be determined outside the state budget process. • The new funding approach would also need to include additional provisions to buffer annual aid levels from future declines in the state economy. In light of this major investment of tax resources, the Foundation also recommends that the state develop a comprehensive new system for benchmarking municipal costs. Although the recent thoughtful study by the Municipal Finance Task Force found no evidence of a municipal spending spree, it was unable to conduct any detailed analysis of how effectively localities are using taxpayers' dollars due to a lack of the basic data needed to make apples-to-apples comparisons of spending among communities. Such a system would make it possible to compare local costs across the Commonwealth and could also prove invaluable in realizing another of the Task Force's recommendations: to distribute non-school aid to municipalities using a formula that takes into account both local fiscal capacity and local service needs, an approach that was at one time used to allocate so-called additional assistance. The 35th edition of Municipal Financial Data was supported by a grant from First Southwest Company. In addition to the analysis of overall trends in local finances, the report provides a series of statistical tables that detail basic financial information-expenditures, revenues, tax rates and debt characteristics- for each of the state's 351 cities and towns. For the first time, the report includes town-by-town comparisons of per capita income, equalized values and expenditures, as well as comparisons of average residential tax bills and the percent 416w income students. The Massachusetts Taxpayers Foundation is an independent, nonprofit organization that conducts research on state and local taxes, government spending, and the economy. Founded in 1932, MTF ranks among the largest and most effective organizations of its kind in the country. The quality and impact of the Foundation's work is reflected in a series of prestigious national awards earned for research on business costs, capital spending, state finances, governmental reform, and health care. The full version of the report, including community-by-community statistical tables, is available online at www. inassta.xpayel s. org. MMA Action Alert 111: January 25, 2006 L, ` C ~ r 2001 JAH f Governor's Budget Would End Lottery Diversion In Fiscal 2007 Proposes Ch. 70 Increase and Formula Changes; PILOT Increase; New Rousing Incentive Please Call on Your Legislators to Pledge Support for Returning 100% of Lottery to Cities and Towns ENDING THE LOTTERY DIVERSION: Gov. Mitt Romney today filed his $25.2 billion fiscal 2007 budget plan (House One), honoring his promise to the MMA to submit a budget proposal that would fully end the diversion of Lottery funds away from cities and towns. Based on the Governor's projection of Lottery revenues, this would provide an increase of $157.8 million in Lottery distributions to municipalities in fiscal 2007, if the Legislature agrees with the proposal. Under current law the Lottery diversion would not be phased out until fiscal 2009, and, using the same revenue projection as in Housc One, the fiscal 2007 Lottery increase would be only $68 million. (Please so to the MMA's website at www.mma.ora to see the Governor's oronosed local aid numbers). It will take hard work, a huge effort, and an aggressive campaign to win the fight to immediately uncap the Lottery. PLEASE CALL YOUR LEGISLATORS TODAY AND ASK FOR THEIR IMMEDIATE PLEDGE TO SUPPORT THE END OF THE LOTTERY DIVERSION IN THE FISCAL 2007 BUDGET: • Local Lottery revenues should not be used by the state to balance the state budget; • State revenues are coming in at record levels, and there is no justification for continuing the diversion; • Local property taxes have exploded, and continuing the diversion will make them skyrocket even higher; • Cities and towns in Massachusetts have cut services more deeply than in any other state; • Under House One, inflation-adjusted local aid would still be $400 million below fiscal 2002 levels. GOVERNOR PROPOSES CHAPTER 70 FORMULA CHANGES & $163.7M INCREASE: House One would revamp the Chapter 70 distribution formula and provide an overall $163.7 million increase, bringing Chapter 70 aid to $2.452 billion in fiscal 2007. The MMA is working to analyze the impact of the Governor's proposal, which was unveiled in his budget. The Administration's plan would add residential income in the community to the "ability to pay" determination, and would provide more money for enrollment growth and inflation. 305 districts would see at least some increase in aid, while 23 districts would be cut. The Governor's plan does not include minimum aid or hold- harmless provisions, two items that the MMA supports. Even under this plan, scores of school districts throughout the state would still receive less Chapter 70 aid than they did in fiscal 2002. NEW $30M HOUSING INCENTIVE: The Governor's budget also proposes a one-time additional $30 million distribution to certain cities and towns through a new housing incentive program, which is listed in Section 3 of the budget and allocated via the Lottery formula. The funds would only be accessible to those communities which increase the number of dwelling units by 1% above January 1, 2006 levels, as certified by the state Office of Commonwealth Development. Initial estimates are that 100-200 communities may be able to qualify. Of course, the program needs to be understood and adopted by the Legislature before communities can count on it. $21M COMMUNITY POLICE FUNDS REDIRECTED: House One proposes to end current Community Policing Grants and redistribute the funds to all communities through the Lottery formula. The MMA will oppose cutting the existing program, as this would seriously undermine public safety for current grantees, and will call for any expansion or redistribution to be funded with new dollars. $9.2M PILOT INCREASE: The Governor's budget includes a $9.2 million increase in the Payment-in- lieu-of-taxes (PILOT) program, raising it to $25.3 million, a very important account for those communities with state-owned land. OTHER KEY ACCOUNTS: House One adds $5 million more for Regional School Transportation Accounts, but underfunds the Charter School Reimbursement line item by $10 million. PLEASE GO TO MMA WEBSITE FOR MORE MMA BUDGET UPDATES AND INFORMATION 49 ♦ PLEASE ASK YOUR LEGISLATORS TO COMMIT TO UNCAPPING THE LOTTERY NOW 45 PLEASE REVIEW CH. 70 CHANGES TO SEE IF THEY BENEFIT YOUR COMMUNITY 4s THANK YOU! Massachusetts Municipal Association, Sixty Temple Place, Boston, Massachusetts 02111; (617) 426-7272 J (Please note that as of January 23, 2006 the MMA's offices have relocated to One Winthrop Square, Boston, MA 02110- all telephone and e-mail address remain the same.) .X U1/4U/4UUU lIlU 1001) PdA JU0 400 UJOJ rAV U.Ul/UUl 1r ' C 60S \iw January 24, 2006 On February 12, at 11:00 a.m. the Massachusetts National Guard will be holding a welcome home ceremony for approximately 400 members of the 42Md Division Artillery. Units represented are Headquarters and Headquarters Battery, 42"d DIVARTY from Rehoboth, MA; Battery E, 101St Field Artillery (TA) also'from Rehoboth, MA; 272 Chemical Company from Reading, MA; and the 42nd Military Police Company from Chicopee, MA The members of these units received mobilization orders and were deployed overseas in support of Operation Iraqi Freedom. Their duties included performing. force protection missions and providing nuclear, biological and chemical reconnaissance and decontamination in support of Central Command. A formal homecoming ceremony is scheduled at 11:00 am. at Taunton Aigh School, 50 Williams Street, Taunton, MA 02780. You are cordially invited to attend this event. Please R.S.V.P. by calling the State Public Affairs Office at (508) 233-7260 or (508) 958-5651.. In your response, please notify us if, you plan on addressing the soldiers and their .families. 'We are trying to keep this event focused on soldiers and family and would appreciate short speeches of around 3-5 minutes or less. Sincerely, Oliver J. Mason, if: Brigadier General; MA.NG The Adjutant General St -1 ~ Page 1 of 1 ~ f ( ~d Hechenbleikner, Peter From: Camille Anthony [canthony@ftmc.net] Sent: Friday, January 20, 2006 1:58 PM To: Bjcro10086@aol.com; Reading - Selectmen Subject: RE: Suggestion for the Addison Wesley property Barbara: Thanks for your comments. The idea of residential is being talked about. However, Addison Wesley is negotiations with the Lifestyle developer. The current negotiations will need to be terminated before the town can approach Addison Wesley about looking at alternative uses. Stay involved! Camille Anthony -----Original Message----- From: Bjcrol0086@aol.com [mailto:Bjcrol0086@aol.com] Sent: Thursday, January 19, 2006 12:01 PM To: selectmen@ci.reading. ma. us Subject: Suggestion for the Addison Wesley property As I listened to the meeting on Addison Wesley, it came to me that perhaps the town could perhaps look into developing the site for the future needs of Reading's growing senior population (not over 55 housing). Maybe a small grocery store/pharmacy to meet the residents daily needs could be included as well as other space to address any other needs. We strive for award winning schools..how about an award winning senior center? Thank you. Barbara Crosby, 16 Dustin Road. 1/20/2006 L (c~,~r Hechenblelkner, Peter From: Frey, Bob (MHD) [Bob.Frey@state.ma.us] Sent: Friday, January 20, 2006 3:11 PM To: Corey, John; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike; Gallagher, Jim; Grover, Robert; Grzegorzewski, Josh; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig; McLaughlin, Tom; Meaney, Paul; Medeiros, Paul; Molter, Andrew; Natale, Patrick; Rogers, Maureen A.; Smith, Suzanne; Sodano, Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill; Woelfel, Steve Cc: Blaustein, Joan; Callan, Melissa; Christello, Tricia; Cooke, Don; DiZoglio, Dennis; Draisen, Mark; Edwards, Adriel; Florino, Ron; Frey, Bob; Town Manager; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; McLaughlin, Thomas; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Pap, Mary; Purdy, Jim; Pyke, Keri; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van Magness, Frederick; Wood, Gail Subject: Upcoming Activities for 1-93/1-95 Interchange Study Greetings Task Force Members, A few brief words about upcoming study activities: As we discussed at the last ITF meeting (1/11), the Congestion Subcommittee will indeed be meeting next Wednesday, 1/25 11AM - 1:30PM at Woburn City Hall (a notice has been sent to subcommittee members). The subcommittee will review the detailed traffic simulations related to most of the geometric options presented at the ITF meeting, as well as begin a traffic review of the future year (2025) "no-build" conditions. The subcommittee will report its findings at the next full task force meeting. In terms of other activities, we are still doing further research into accident data and rates, as well as working on the details of a TDM-related plan for Anderson RTC. These efforts are not quite ready yet for presentation and further consideration. Accordingly, we have NOT planned discussions of accident data/rates/research or of TDM strategies/data at next week's subcommittee meeting - it will focus primarily on traffic operations/congestion. Further data and TDM issues will be taken up again at future task force and subcommittee meetings. The next full task force meeting will be held on February 15th in Stoneham Town Hall. Let me know if you have any questions. Thanks, - Bob Bob Frey Manager of Statewide Planning Office of Transportation Planning Massachusetts Executive Office of Transportation (617) 973-7449 bob.frey@state.ma.us D . L~C Hechenblelkner, Peter From: Michelle Hopkinson [michelle.hopkinson@comcast.net] Sent: Sunday, January 22, 2006 9:02 AM To: Reading - Selectmen Cc: Town Manager Subject: What else- Addison Wesley development Dear Selectmen & CPDC: I am a Reading resident and parent of three children, who lived on South St for 7 years before moving to my current address on Sherwood Rd. Since moving to Reading, I have had the opportunity to serve on a variety of Reading organizations, including the Young Women's League of Reading, PRESERVE, and the Recreation Dept. Presently I am the President of the Joshua Eaton PTO. Through this participation, I have gained an enormous appreciation for the time, energy, and generosity many of our residents, including all of you, devote to the Town. The decisions we make must be in the best interest of our community. And they are not always easy ones. I have thought long and hard about the present issue at the former Addison-Wesley site. I can clearly state that I do NOT want this "mall" development to go through. My concern goes beyond the issues of traffic, safety, and crime. It has concerned me that the town is quickly developing beyond its means. Back in 2002 during the town's exhausting battle with Mass Highways over the Route 93/95 Interchange, Archstone developers were applying for a permit for the rezoning of Spence Farm. The developers were using the 40B (law?) to get special permitting to build housing that would include "affordable housing". Yes, this would be good for Reading since it had not met the state standards. The abutting neighbors to Spence farm and town residents did attend the CPDC planning meetings at Town Hall. There just was not enough opposition or concern and I'm sure it seemed to be a good decision at the time. I think few realized that this development would ultimately be the monstrosity that exists now. We now have a sense for what a developer can do once it gets approvals. Can we take from this the need to review zoning laws to protect abutting neighbors through buffers or height restrictions? I will leave that one to the experts! I also realize that the recent retail development on Walkers Brook Drive has been very beneficial to the town. Still, I understand the concerns of those abutting residents. They have to deal with the traffic and light issues, not to mention the Reading police needing to be at Home Depot almost every day. There will be 4x as many stores in this potential development bringing in 4x the amount of problems but potentially not 4x the tax revenue. I think it is a fair assumption that the negative impacts will be felt most by the residents who live closest to the site while many of those more removed may tend to focus more on the potential tax revenue. It is worth noting the proximity of this proposed development to the Archstone complex. The combination of these two developments . would certainly change dramatically the character of the Southwestern portion of our Town and this change is not a positive one. This mall has the potential of dividing this town in two. It seems to me that there is an opportunity here to make great changes for Reading. If only Reading could purchase this property we could take control of over what goes in there. I personally envision desperately needed playing fields, a sports complex, walking paths, trees! Many people I know share.this vision. I realize it is an enormous amount of money but this is also a huge opportunity. l ask you all, is this feasible? Can we bring this question to the town during elections? If not, do we have.the right to go out and seek Corporations that we see as a 'Good Fit' for Reading? I would be more than willing to work with a committee and investigate any possibilities. I think it is worth it. This development will have a tremendous impact on this town. Many people feel that they are not being heard and are concerned with the direction the Town is heading. This challenge could really bring-our community together to work for something positive-Our "Lifestyle Center"! Thank you for giving the citizens of this town the opportunity to speak on Tuesday night. They needed to be heard. I was also pleased to hear that you share our concerns. I realize that you cannot stop the rezoning. process. Please, please hold another open forum for Town Meeting members. I don't want all their information coming from the newspapers'., I want them to make educated decisions in the best interest of our town. Thank you for all your time and all you do for the town! Michelle Hopkinson 21 Sherwood Rd 8f Page 1 of 2 G / C ~I Hechenbleikner, Peter From: Everson, Jeff Deverson@foster-miller.com] Sent: Friday, January 20, 2006 10:52 AM To: Bob.Frazier@srweiner.com; Reading - Selectmen Cc: blatham@latham-lamond.com; Everson, Jeff Subject: MEETING AT ADDISON WESLEY 1-19-06 Mr. Frazier: The purpose of this email is to make four requests regarding technical information concerning the Lifestyle Retail Center (LRC) at the Addison Wesley site. I have one demand regarding an apology. My demand stems from the public meeting last night at the Addison Wesley site. You employed the services of a woman, who acted as a meeting co-moderator. I don't recall her name. During the meeting, when I was discussing a technical issue, she publicly claimed that I am not a "real" traffic engineer. By what means did she make this decision? Was this a Weiner, group-inspired tactic or hers alone? Such a sleazy maneuver will not help your case in the Reading community. My transportation engineering resume is attached. I demand both'a written and public apology from this woman. Per the request of Ben Tafoya, Reading Selectman, I reviewed the Edwards & Kelcey (EK) traffic study (August 2005) regarding the development of a LRC at the Addison Wesley site. My review is attached. My findings, that I presented during the meeting at the Parker Middle School on Tuesday, January 17, 2006, state that EK trip generation results are unfounded, the oriain of vehicles is unfounded, and, further, the distribution of vehicles on Readina roadwavs is unfounded. Therefore, the entire EK traffic study is flawed. My requests are as follows: Request #1: written response from EK regarding Trip Generation (item A, my review) Request #2: written response from EK regarding Origin of Vehicles (item B, my review) This item pertains to the EK claim that 80 percent of the vehicles entering the LRC originate from Route 128 and the south (e.g., Stoneham), another 15 percent from the north of the Addison Wesley property and the remainder from the east. Request #3: written response from EK regarding Distribution of Vehicles on Reading Roadways (item C, my review). This response may entail rerunning the traffic flow computer program. A response to Request #2 will entail a marketing analysis that you folks should have done to determine the residual unmet retail consumer demand regarding LRC products/services originating from within Reading and the adjacent communities of North Reading, Lynnfield, Wilmington, and Wakefield. I am aware of such studies and have copies in my files. If you didn't undertake such a retail study, then one can infer that you are "winging it," and will accept whatever LRC tenant can pay the rent at the LRC. . Request #4: a copy of your marketing analysis/retail study related to the LRC at the Addison Wesley site. r i You might expect a request from the Reading Board of Selectmen (BoS) and the Community 1/20/2006 Page 2 of 2 Planning Development Commission (CPDC) for items 1-4 to properly evaluate your request for a' permit and zoning change. Please email me your responses to these requests and also send them to the BoS and the CPDC. You timely response to this matter is appreciated. Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force, Reading First 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com 1/20/2006 G CC Hechenbiefter, Peter From: Linda LaFranca [linda.m.lafranca@verizon.com] Sent: Thursday, January 26, 2006 1:02 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. I commend you for your leadership and willingness to bring more technology choices to our community. I am proud to live in this town and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! Sincerely, Linda LaFranca 4 Carnation Cir # C Reading , MA 01867 A % 1 ale Hechenbleikner, Peter From: Catherine Houston [cathy.houston@verizon.com] Sent: Thursday, January 26, 2006 12:43 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: We wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. We know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. We commend you for your leadership and willingness to bring more technology choices to our community. We are proud to live in this town and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! Sincerely, Timothy and Catherine Houston 4 Orchard Park Dr Reading, MA 01867 QS' 1 L k - Hechenbleikner, Peter From: John Devaney Dohn.e.devaney@verizon.com] Sent: Thursday, January 26, 2006 2:05 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. As a Reading resident, I commend you for your leadership and willingness to bring more technology choices to our community. Also as a VERIZON employee, I am proud and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for listening and giving us a choice! Sincerely, John Devaney 603 Main St Apt 4 Reading , MA 01867 1 I,C Hechenbleikner, Peter From: Susan Nicolosi [susan.p.nicolosi@verizon.com] Sent: Friday, January 27, 2006 8:23 AM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I had the opportunity to attend the Town meeting that voted in favor for Verizon to provide cable services and I wanted to take a moment to thank you for the approval. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. I am truly pleased that the citizens-of Reading have a choice of cable provider. As you are aware, competition is beneficial to all. I commend you for your leadership and willingness to bring more technology choices to our community. I am proud to live in this town and pleased that Reading is the first town in Massachusetts to provide FiOS TV. Thank you for giving us a choice! Sincerely, Susan Nicolosi 6 Clover Cir Reading , MA 01867 A . 1 Hechenbleikner, Peter From: Beth Boucher [boucher7@comcast.net] Sent: Thursday, January 26, 2006 10:27 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. I am an employee of Verizon and actually work on the Video product offering. I assure you Verizon (and I) are working to provide a quality, competitive product. I commend you for your leadership and willingness to bring more technology choices to our community. I am proud to live in this town and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! (Sidenote - My husband and I are strongly in favor of the new shopping area at Addison Wellesley.... we believe it will mean very positive things for Reading) Sincerely, Beth Boucher 23 Lynn Village Way Reading, MA 01867 I \ % 1 L/C Hechenbleikner, Peter From: Nancy Leary [nancy.w.leary@verizon.com] Sent: Thursday, January 26, 2006 5:14 PM To: Town Manager Subject: Thank you for approving Verizon's application for a video franchise! Dear Town Manager Hechenbleikner: I wanted to thank you for approving Verizon's application for a video license in Reading. Having followed the case closely, I know that our town officials spent a lot of energy to ensure that the agreement reached would benefit our town as well as Verizon, and most importantly, local consumers. I thank you for your leadership on this issue and willingness to bring more technology choices to Reading. I am pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! Sincerely, Nancy Leary 23 Jessica Cir Reading , MA 01867 g~. 1 WC Hechenbleikner, Peter From: Robert Hunt [robert.v.hunt@verizon.com] Sent: Thursday, January 26, 2006 3:37 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. I commend you for your leadership and willingness to bring more technology choices to our community. I am proud to live in this town and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! Sincerely, Robert Hunt 24 winter st reading, MA 01867 g - % 1 /C Hechenbleikner, Peter From: Jeanne Hartnett [jean ne.hartnett@verizon.net] Sent: Monday, January 30, 2006 4:54 PM To: Town Manager Subject: Thank you for bringing cable choice to Reading! Dear Town Manager Hechenbleikner: I wanted to take a moment to thank you for approving Verizon's application for a video license in Reading. I know that town officials put a lot of time and effort into creating an agreement that benefits the community, Verizon, and most importantly, local consumers. I commend you for your leadership and willingness to bring more technology choices to our community. I am proud to live in this town and pleased that Reading is one of the first communities in the nation to have FiOS TV. Thank you for giving us a choice! Sincerely, Jeanne Hartnett 21 Timberneck Dr Reading , MA 01867 1 Page 1 of 1 Hechenbleikner, Peter From: LeLacheur, Bob Sent: Thursday, January 26, 2006 3:30 PM To: Hechenbleikner, Peter; Anthony, Camille Subject: RE: MWRA debt relief - correction! Language correction - that last part should read 'at least at the same level as FY06'. My apologies for leaving out the 'at least' portion! Bob From: LeLacheur, Bob Sent: Thursday, January 26, 2006 2:58 PM To: Hechenbleikner, Peter; Anthony, Camille Subject: MWRA debt relief The Governor's budget contains no debt relief for the MWRA for FY07. L/c Rep. Jones thinks it is likely that MWRA debt relief will eventually be in the final FY07 budget, at the same level as FY06. Bob ~ Z. 1/26/2006 Page 1 of 1 l~ Hechenbleikner, Peter From: Spadafora [fspada50@comcast.net] Sent: Friday, January 27, 2006 8:04 AM To: Hechenbleikner, Peter Subject: RE: Sofia Brina Thanks but I think I am ok for right now. I am waiting for the insurance company to take all the clothes and I get all new inventory in. What happened was the smoke odor got into the clothes so the insurance company does cover that -thank goodness. It is just unfortunate that I will be closed until that happens and they have service master come in and clean to get all traces of the odor. It really wasn't that bad but.... I can't sell the clothes like that. I can't complain- at least I still have the store- it is just more a nuisance. I hope they are all doing better and have found new offices. Fran Spadafora -----Original Message----- From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading. ma.us] Sent: Thursday, January 26, 2006 2:00 PM To: Spadafora Subject: RE: Sofia Brina Fran Is there anything we can do to assist? We have been meeting with the fire victims, but it had looked to me like you escaped unscathed - sorry that is not the case. Pete Hechenbleikner From: Spadafora [mailto:fspada50@comcast.net] Sent: Thursday, January 26, 2006 5:45 AM To: rnrchambercom@aol.com Subject: RE: Sofia Brina Hi Carol- I just want you to get the word out to everyone that Sofia Brina is temporarily closed due to smoke damage. I hope to be open anywhere from 2 -4 weeks according to the insurance people. I am hoping it will be more the 2 weeks than the 4 weeks. I will have any announcements posted on my web site Sofiabrina.com., and will be running ads on my Grand Reopening. Thanks - Fran Spadafora 6LOL 1/27/2006 LIC, Hechenblefter, Peter From: Fred Alexander (Hotmail) [fjalexander@hotmaii.com] Sent: Tuesday, January 24, 2006 4:24 PM To: Town Manager Subject: message from Fred Alexander Dear Peter, A few months ago you were kind enough to spend a few minutes talking with me about the issue of speeding in Reading. Specifically, I was asking about the process for changing the speed limit on Wakefield St. You had mentioned that the town had looked at a mobile unit that would server as a photo enforcement camera. I think we both agreed this type of action might be viewed too much like "Big Brother." While the list of challenges for Reading is now formidable, i.e., Park Square at Reading, waters sources, and Verizon's contract, I think traffic enforcement is a long term item that must be addressed at some point. There is much talk now of Reading's character in the context of new commercial development. I think one of the key components of that character is a family-friendly town; one that will not allow vehicles to endanger pedestrians, bicyclists, and other drivers. The purpose of my e-mail is to forward the news article below from the Arizona Republic. While I agree that camera enforcement will be viewed initially as "Big Brother", maybe it's an idea whose time is coming. Best regards, Fred Alexander 172 Wakefield St. Cameras flashed hundreds of Loop 101 speeders in hours Carol Sowers The Arizona Republic Jan. 23, 2006 01:30 PM Photo enforcement cameras along a stretch of Scottsdale's Loop 101 flashed thousands of drivers Sunday in a trial run of the nation's only digitally patrolled state freeway. Officials couldn't say immediately how many of the 1,000 to 2,000 flashes caught actual speeders on Sunday, the first day of a month-long test which will result in only warning letters to lead-footed motorists. But beginning Feb. 22, drivers exceeding the 65 mph speed limit by 11 miles or more will be issued citations averaging $157. Mary O'Connor, Scottsdale's transportation boss, said the cameras on six locations between Scottsdale Road and 90th Street, may have malfunctioned. She said it is more likely that they also caught emergency vehicles legally allowed to exceed the speed limit. She said Redflex Traffic Systems, which also operates other enforcement cameras on Scottsdale streets, will "weed through the Loop 101 data this week to get a picture of how many people were speeding." Warning letters will be issued sometime,after that. Arizona Department of Public Safety officers will continue their patrols of the Scottsdale stretch of Loop 101. Concerned about high speeds and rising number of from the Arizona Department of Transportation to whether the cameras reduce speed and collisions. 1 accidents, Scottsdale received permission operate a nine-month program to determine Page 1 of 2 Hechenblelkner, Peter IC From: Tina Brzezenski [tina@statefn.com] Sent: Tuesday, January 24, 2006 9:42 PM To: Reading - Selectmen Subject: FW: Redevelopment of Addison Wesley property This e-mail was bounced back to me. I apologize if you are receiving it twice. From: Tina Brzezenski [mailto:tina@statefn.com] Sent: Tuesday, January 24, 2006 8:33 PM To: 'canthony@ci.read ing.ma.us'; Jbonazoli@ci.reading.ma.us'; 'jduffy@ci. reading. ma. us'; 'btafoya@ci.reading. ma.us'; Tschu bert@ci. reading. ma. us' Subject: Redevelopment of Addison Wesley property Dear Board of Selectmen: I am writing in reference to the proposed development at the Addison Wesley site. I live in Precinct 8 and have been a town meeting member for 4 years. I attended the hearing that you held last week. This is the first meeting that I have attended on this issue. I went into the meeting without a set opinion on the matter, hoping to learn more so that I could make an educated decision. First, let me commend Selectwoman Anthony, she did an excellent job of both trying to keep people on point and running the meeting. Obviously the meeting was stacked with people against the project. I believe that many people do support the project but they don't feel the need to attend these meetings nor do they understand the importance of providing their opinion. Second, I would like to give my opinion on the matter. I uneauivocallv support a retail development for this location. Based upon the success of the retail development at the former landfill, I am confident that Reading and nearby communities could support a retail development. A commercial or retail use helps keep Reading's tax base from being entirely dependent on residential taxes. As we have learned over the past few years, the commercial tax base requires less support from town services than residential. Accordingly it benefits the town to maintain a commercial tax base. As Reading's commercial tax base is already small, I think it would be detrimental to the town to allow a non-residential parcel to become residential. I also like the developer's proposal for addressing the traffic concerns. The reality is that the existing buildings, when fully occupied, had their own traffic problems. Of course a vacant parcel has less traffic than an occupied one - it doesn't matter what is put there, there will be additional traffic. There were legitimate concerns that were brought up at the meeting that need to be addressed (such as the question of the rte 128 overpass on Main. St.) and the traffic engineer should do so. However. I do feel that the oroiect. as proposed. is too larae. I believe that the Board of Selectmen should propose to the developer that he reduce the size of the project by at least 25%. 315,000 square feet of retail is plenty for that location. 420,000 would be excessive. By proposing a compromise article, it would show that the Town of Reading is friendly to controlled development and the understanding that the parcel will be developed in a way that works for the town. At the public hearing a town meeting member suggested that the Board of Selectmen allow this development to go through the process and present an article at town meeting this spring. I agree with that suggestion. Perhaps two articles should be presented, one as proposed and a second one, supported by the Board of Selectmen, that reduces the size and scope to 315,000 square feet. Town meeting members represent every portion of the town, not just the abutters. I understand why the neighbors are concerned and the concerns should be addressed as best possible by the developers. Change is difficult and it will be a big adjustment for neighbors when the property is redeveloped after 1/25/2006 qcc,l Page 2 of 2 being vacant for approximately 6 years. However, the Addison Wesley buildings have been there for many years, long before the majority of the neighbors lived in their homes. Something will happen with the property as it should. I believe that Town Meeting will provide a better representation of how Reading residents feel on the matter and it will allow due process to work as our Town Charter intended it to be. Thank you for all of your hard work. Sincerely, Tina Brzezenski 60 Terrace Park Reading G~ 1/25/2006 t/c 6&S Hechenbleikner, Peter From: peter.t.bowman@verizon.com Sent: Friday, January 27, 2006 2:55 PM To: Rick Schubert Multiple Addresses; Anthony, Camille; James Bonazoli forwarding account; jduffy@ci.reading.ma.us; Ben Tofoya; Town Manager Subject: Thank You Dear Board of Selectmen and Peter Hechenbleikner Thank you for your leadership in working with Verizon to bring Reading consumers another choice for cable TV. We appreciate your diligence and persistence in working with us to develop a strong, fair agreement that works for all parties, and most importantly, benefits consumers. Because of your commitment to bringing Reading residents and businesses another choice for video services, they will soon have access to the full benefits of our FiOS network including FiOS TV. Verizon's state-of-the-art network puts Reading at the forefront of the country in terms of this fiber infrastructure which is a great place to be in today's technology-driven world. Again, thanks for issuing Verizon a video license. We are eager to start offering FiOS TV in Reading, and are committed to working with you to bring FiOS TV to the entire community. It's been a pleasure working with you. We truly appreciate your leadership and commitment to this effort. If you have any questions or need anything else as we move forward, please let me know. I can be reached at 617-743-8874. Regards, Peter Bowman Verizon Vice President External Affairs - MA/RI S A d- % 1 Page 1 of 1 Hechenblefter, Peter From: cnj4@aol.com Sent: Monday, January 30, 2006 9:49 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; jgallagher@mapc.org; rgrover@ci.stoneham.ma.us; Josh u a. G rzegorzewski@fhwa.dot.gov; ehamblin@aol.com; rhavern@senate.state.ma.us; rep.bradleyjones@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.motter@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: jbiaustein@mapc.org; melissa.callan@hou.state.ma.us; tricia@lynchassociates.net; dcooke@VHB.com; ddizoglio@mbta.com; mdraisen@mapc.org; Adriel.Edwards@state.ma.us; rflorino@ci.stoneham.ma.us; Town Manager; Michael. Lindstrom@state.ma.us; blucas@mapc.org; elutz@hshassoc.com; amckinnon@hshassoc.com; thomaslmclaughiin@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: BOSTON GLOBE ARTICLE: REDUCED FEDERAL FUNDING, STATE PROJECTS Bob, A few days ago, the Boston Globe printed an article indicating that Federal funding for state transportaton projects would be significantly reduced. To what extent, if any, is the I93/95 interchange feasibility study impacted, along with subsequent environmental and engineering studies related to that interchange? Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, I93/95 Task Force, Reading First 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); enj'4@aol.com Ef-11 I 1/30/2006 Page 1 of 1 I _ r 6GS Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, January 27, 2006 3:36 PM To: 'JSeagrams@aol.com' Cc: 'TMLatTLA@aol.com'; 'Ed Shaw'; Reilly, Chris Subject: RE: Jordan's Dick Sorry for the delay - I've also gotten a couple of emails from Scott, so I assume you are in touch with him also. Ed Shaw and Tom Lemons have met on site twice since the 2 of they and Camille and James and I met with them on site. Tom and Ed have agreement on a plan of action that Tom agrees will eliminate most of the problem - a combination of re-aiming lights so they meet the manufacturers standard, plus replacement of some fixtures with shoe-box type fixtures, and shielding others. I would anticipate that this work will be done, in large part, over the next couple of weeks. I'd appreciate it if you could let the others know of this strategy. Pete From: JSeagrams@aol.com [mailto:JSeagrams@aol.com] Sent: Wednesday, January 25, 2006 4:40 PM To: Town Manager Cc: Reading - Selectmen Subject: Jordans Hi Peter, I have not heard anything about the discussions that the selectmen have been having with Jordans and Dickinson concerning the lighting problem. I have been recieving inquires. Can you update me on the status of the discussions ? Thanks Dick Nazzaro Greenhouse Acres 4 . 1/27/2006 Page 1 of 3 Hechenbleikner, Peter From: Askin, Richard [Richard.Askin@srweiner.com] Sent: Monday, January 30, 2006 9:52 PM To: Hechenbleikner, Peter Subject: RE: DEVELOPMENT AT ADDISON WESLEY: INCREDIBLE TRAFFIC CLAIMS AND POTENTIAL FRAUD Hi Pete: Thank you for sending this correspondence. We approeciate all inquiries and will continue to respond appropriately to all questions posed by Mr Everson and others. Best Regards, Richard From: Hechenbleikner, Peter [mailto: phechenbleikner@ci.reading. ma.us] Sent: Mon 1/30/2006 1:25 PM To: Askin, Richard Subject: FW: DEVELOPMENT AT ADDISON WESLEY: INCREDIBLE TRAFFIC CLAIMS AND POTENTIAL FRAUD From: Everson, Jeff [mailto:jeverson@foster-miller.com] Sent: Monday, January 30, 2006 12:37 PM To: Reading - Selectmen; Jonathan Barnes Cc: canthony@cdmtitle.com; Ben; tunacat@comcast.net; Jay Lenox; Michelle Hopkinson; theresapetrillo@aol.com; Christine Brungardt; heidijerry@verizon.net; mwilson@grassrootscampaigns.com; Lori Presho Subject: DEVELOPMENT AT ADDISON WESLEY: INCREDIBLE TRAFFIC CLAIMS AND POTENTIAL FRAUD Members, Reading Board of Selectmen and the Community Planning Development Commission: This email is a formal petition to the Reading Board of Selectmen (BoS) and the Community Planning Development Commission (CPDC) to request documentation from the Addison Wesley property developer, W/S Development Associates LLC (affiliated with S. R. Weiner and Associates, Inc.), to substantiate certain claims made in their traffic study, dated August 2005. Based on this traffic study, W/S Development Associates would have us believe that only 15 percent of the Lifestyle Retail Center (LRC) traffic heading to the Addison Wesley site stems from north of this site, 80 percent from the south (i.e., Route 128, Stoneham, and Woburn) and 5 percent from the east. These numbers will be referred to as the 80-15-5 traffic split. The developer's assertion is massively contradicted by the demooraohic data I presented in January 17, 2006. Those slides are attached for your review. The developer's claim is also contradicted by the S. R. Weiner website that lists mall properties under their control in New Enaland. In 10 cases, properties with available leases are touted to be within and/or adjacent to local communities with significant populations and high incomes. A listing of these developer properties is attached. The affluence and population count (~100,000) for Reading and towns adjacent to Reading and north of Route 128 are totally ignored in the developer's traffic study. A C ~ 1/31/2006 Page 2 of 3 copy of my review of that studv is attached. Furthermore, a LRC at the Addison Wesley site would be in competition with other malls offering upscale stores, including Burlington Mall, North Shore Mall and a new LRC under construction immediately adjacent to Route 128 near the Winn Street exit. This competition suggests that 80 percent of the traffic originating from Route 128 to the LRC at Addison Wesley is not necessarily correct. Reading officials need to know whether the developer is giving them one story line while providing would-be LRC tenants something entirely different. It's quite likely that the developer commissioned a Trade Area Study (TAS) that ought to have information about that 80-15-5 traffic split. As an example, a website for such a TAS is http://www.uwex.edu/CES/CCED/dma/odf/ladvsmith report.pdf This website shows how it is possible to estimate the local area retail demand in terms of store square footage versus supply, again, in terms of store square footage. Further, one can estimate the source of potential customers radially outward from a perspective mall location (see pages 3-11 and 3-12). A check of the TAS would have the following outcomes: 1. There never was a TAS (i.e., no proof of the 80-15-5 traffic split assertion) 2. The TAS claims 80-15-5 and is consistent with the developer's assertions. 3. The 80-15-5 split, claimed in the TAS, may be incorrect. I may be able to determine the source of that error, assuming that there is one. 4. The TAS cites an entirely different traffic split, totally at odds with the developer's publicly proclaimed 80-15-5 traffic split. This would mean the developer lied to us and could care less about congestion and public safety in Reading. This revelation would mean that the developer may have committed fraud. Given the pivotal nature of the alleged 80-15-5 traffic split, it is imperative that we/I obtain a copy of the TAS and other related documentation, assuming that there is such documentation. Since sending my letter to the developer on Friday, January 20, 2006, 1 have received no reply for a requested copy of that TAS. Here is what I propose: The Reading BoS and the CPDC request a copy of that Trade Area study or other documentation that could support the developer's claim that the alleged 80-15-5 traffic slit is, in fact, legitimate. This information could be obtained under protection afforded by a mutually acceptable non disclosure agreement (NDA). Such NDA's are routinely used in industry. Another means of protecting the developer's alleged proprietary information would be to sanitize certain sections of a Trade Area study, while providing mutually acceptable information that could be used to verify the 80-15-5 traffic split. This request could be strengthened under the provision that the Reading BoS, acting as road commissioners, could not possibly sanction a development based on incredible, unsubstantiated traffic claims that may be fraudulent and detrimental to traffic flow and safety.within Reading. The CPDC could make similar assertions within their domain of authority. Please keep me informed about your interaction with the developer regarding this request for information. If you are not successful, appropriate'legal means will be considered in order to investigate whether or not fraud may have been committed by the developer. 1/31/2006 B9`- Page 3 of 3 Regards, Jeff Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193195 Task Force, Reading First 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cni4e-aol.com January 30, 2006 This message (and any associated files) is the property of S. R. Weiner and Associates Inc. and W/S Development Associates LLC and is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by calling our corporate office at 617-232-8900 and deleting this message from'your computer. 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Any views or opinions presented in this message are solely those of the author and do not necessarily represent those of the company. g 993 1/31/2006 December 17, 2005 Ben Tafoya, Member, Reading Board of Selectmen 40 Oak Street Reading, MA 01867 Subiect: Preliminary Review of "Park Square at Reading, a Traffic Study," August 2005, Redevelopment of The Addison-Wesley Office Park, One Jacob Way, Reading, MA; Prepared by Edwards & Kelcey (EK), Boston, MA Dear Mr. Tafoya: Per your request, I reviewed the report referenced above. This review treats the following subjects: (A) trip generation of vehicles attracted by a facility proposed in the above report, (B) origin of these vehicles, (C) distribution of the vehicles along roadways to the proposed-facility (D) vehicle parking at this facility, and (E) accidents. Other topics treated in the EK report were not reviewed nor was the Supplemental Traffic Study considered in detail. The reason for focusing on items A-E is that these items are seriously flawed, and, thus, there was no reason to spend time on other issues. The basis for this statement is given below. A. Trip Generation 1. The number of vehicles that the proposed facility (i.e., Lifestyle Retail Center) might attract (i.e., trip generation) depends primarily on the nature of the facility and its area in square feet.' In many cases, trip generation values can be found in the Trip Generation Manual compiled by the Institute of Traffic Engineers (ITE) based on so-called Land Use Codes (LUC). There are dozens of LUCs for facilities such as hotels, hospitals, churches, movie theaters, shopping centers, warehouses, condos, etc. 2. When using this Trip Generation Manual, it is critically important to determine which of three ITE methods should be used to calculate the trip generation rate for a given facility type.2 These methods involve the use of either a (1) regression equation, (2) ITE weighted average, or (3) local trip generation data collected by the developer when proposed land use is not compatible with ITE land use codes. 3. The report by EK referenced above employed the LUC 820, which pertains to general commercial (i.e., shopping mall) usage according to the 7th edition of the ITE Trip Generation Manual. There was no justification given by EK that the unique Lifestyle Retail Center has the same trip generating characteristics as a shopping mall. It appears that EK used LUC 820 merely for convenience: "...Land Use Code 820 has been utilized for computational analysis because the volumes of data from the industry are more readily available." (2°a paragraph, page 9). The burden of proof is upon EK to either clearly demonstrate that LUC 820 is appropriate for this application, or that EK should collect sufficient trip generation data for Lifestyle Retail Centers, and analyze this data based on statistical significance tests. K , 9 Since 2002, 101 Lifestyle Centers have been built in the US. 'It is quite likely that trip generation traffic counts.were acquired as part of the planning process for these centers and could be obtained by contacting the developers. This is the data that should be used by Edwards & Kelcey, not trip generation data for traditional shopping malls (i. e., land use code 820). The Reading Board of Selectmen cannot draw valid conclusions about traffic impacts based on this report due to unfounded trip generation assumptions by EX B. Origin of Vehicles 1. The EK report (page 14) assumes that 80 percent of vehicles heading to the Park Square Lifestyle Retail Center originate from either the south or from Route 128. Another 15 percent are derived from the north, while the remaining 5 percent come from the east. Due to a proposed EK redesigned roadway geometry in the vicinity of the Addison-Wesley complex, there is no vehicular traffic stemming from the west along South Street. These numbers (i.e., 80, 15 and 5 percent) are given without justification or references. 2. In reality, the number of vehicles originating from easterly, northern and northwest directions with respect to the Lifestyle Retail Center at the Addison- Wesley complex could be considerably greater than 5 and 15 percent cited in item #1 above. Conversely, the 80 percent figure could be less. Reasons for this observation are based on average household incomes. "The averace household income of a lifestvle center shopper, for instance, is $75,000." 3 According to the Boston Globe, Community Profiles,4 the average household income in Reading is $95,019. for North Reading, $94,962; for Wakefield, $80,732, for Lynnfield, $116,914 and for Wilmington, $82,650. Clearly, these communities are not south of the Addison-Wesley complex and have average incomes above the average income of those shoppers drawn to Lifestyle Retail Centers. As a point of comparison, shopping traffic from Stoneham and Woburn may be less than shopping traffic from the towns cited above because the average household incomes from this town and city are $71,260 and $67,878, respectively. 3. The distribution of traffic assumed by EK heading toward the proposed center is totally without foundation. Further, motorists traveling along Route 128 have two other significant shopping choices, namely Burlington Mall and the North Shore Mall that offer upscale shopping opportunities similar to those found in a Lifestyle Retail Center and could otherwise detract from the traffic flow to the proposed Lifestyle Center in Reading. The Reading Board of Selectmen has no basis to assess the impact of traffic related to the proposed Lifestyle Retail Center due to the unfounded traffic distribution assumed by EK. 2 g9`s C. Distribution of Vehicles on Reading Roadways The distribution of vehicles addressed by the EK report on pages 13-15 is incorrect due to the unsubstantiated assumptions regarding the origin of vehicles discussed in Section B. EK should re-exam the vehicle distribution based on a well grounded market survey related to the likely origin of shoppers heading toward the Lifestyle Retail Center at the Addison-Wesley site. The market survey should be used as input to the computer simulation "SYNCHRO" and new results (e.g., Level of Service) generated for review by the Reading Board of Selectmen. D. Vehicle Parlung at the Lifestyle Center Lifestyle Retail Centers feature an architecture where shoppers can park conveniently near stores of interest. This approach features a direct line of sight to a desired store without walking through a large parking lot that may be unsafe at night. The EK report does not address parking availability in general, the architectural difference in parking between Lifestyle Retail Centers and traditional malls and does not account for an adequate level of parking space that may or may not be available at the Addison-Wesley site given the proposed Lifestyle Retail Center is expected to occupy 400,000 square feet. The traffic study by Edwards & Kelcey did not consider parking accommodations needed for delivery trucks. Further, parking needed for employees of upscale stores was neglected. Lifestyle retail centers have 60-80 stores and each store may have 2-4 employees, for example. Thus, employee parking may require 210 (i.e., 70 x 3) additional spaces. Specific calculations should be provided by EK to convince the Reading Board of Selectmen that adequate parking would be available at the Addison-Wesley site. E. Accidents The EK report discusses accidents on pages 31 and 32 with an accident data table on page 32. The Mass Highway accident data from 1995-1997 is the subject of a legal inquiry by the Office of Inspector General (OIG) in Washington, DC. The basis for the legal inquiry is alleged fraud that Mass Highway may have committed in the use of accident data known by them to be seriously flawed (i.e., accidents with no known locations). A decision from the OIG may be announced in January 2006. Thus, accident data from Mass Highway should not be used until allegation of fraud is ascertained. The Reading Board of Selectmen is cautioned against assuming validity of any accident data used in the EK report until the matter is resolved by the OIG. 3 g~5 F. Editing Comments on the EK Report The reader of this assessment regarding the EK report is invited to examine Section 4, Traffic Volumes from pages 9-13, for example. This section features many numerical quantities without references. Thus, it is difficult, if not impossible, to verify these numbers. These mistakes represent poor technical writing. EK is urged to correct these writing errors so that the Reading board of Selectmen can verify statements made in the report. G. Action Items for EK Write a completely new report and address items A-F. It may not be possible to treat item E because the OIG accident fraud case is still pending as of this writing. Even when this case is settled it is not clear that the Mass Highway would have adequate accident data available for EK to use. EK should write a new report from scratch and submit it to the Reading Board of Selectmen for their review. H. About the Author of this Letter The author of this review is a program manager in the field on Intelligent Transportation Systems (ITS) and has directed several programs funded by the US Department of Transportation (DOT). He is an author of a dozen technical papers and reports. His resume is available upon request. Very truly yours, Jeffrey H. Everson, Ph.D., ITS Program Manager 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); 339-227-0585 (cell) ` Jha, M. and Lovell, D., "Trip Generation characteristics of Free Standing Discount Stores: A Case Study, ITE Journal on the Web, May 1999 htto://www.ite.ore/membersonlv/iteioumal/ndf/JEA99A85.1)df 2 Development Assistance Brochure, Trip Generation Guidelines, Public Works, Kent, Washington. htio://www. ei.kent.wa. us/nermitcenter/oubl icworks/trineenerationeuidelines.odf 3 The new face of retail, Mimicked Main Streets, mall makeovers seek to lure shoppers, San Francisco Chronicle, May 3, 2005. httn://sfaate.com/cLi-bin/article.cai?f--/c/a/2005/05/03/BUGN9CIU491.DTL, 4 httn://re.boston.com/Community/rank detail.aso?RankField=INCCYMEDD 4 S. R. WEINER PROPERTIES THAT TOUT AFFLUENT TRADE AREAS SURROUNDING THEIR PROPERTIES Information acquired from httr)://wWw.srweiner.com/ January 27, 2006 Compiled by Jeffrey Everson, Ph.D. 1. CANTON, CT: "Largest retail center in affluent trade area of Canton, Avon, Simsbury, Farmington; Tremendous discretionary income." 2. DARMARISCOTTA,ME: "Affluent coastal Maine community." 3. BELLINGHAM, MA: "Fast growing, affluent population base." 4. CHESTNUT HILL, MA: "Tremendous demographic strength: density and high discretionary income." 5. HINGHAM, MA: "High income and population density." 6. MANSFIELD,MA: "Fast growing, affluent community." 7. MARLBOROUGH, MA: "Serves rapidly growing and affluent Metro-west trade area." 8. NATICK, MA: "Extremely high population and incomes." 9. NEWTON, MA: "Primary trade area encompasses high population/high income communities of Newton, Needham, Wellesley, Weston and Brookline." 10. STONEHAM, MA: "Serving dense customer base of Stoneham, Wakefield and Reading; Tremendous population density: 153,000 within 5 miles; Very high sales performance." Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force, Reading First 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com ~g~ Park Square at Reading, a Traffic Study, Redevelopment of The Addison-Wesley Office Park, Reading, MA, August 2005 Prepared by Edwards & Kelcey (EK), Boston, MA Reviewed by Jeffrey Everson, Ph.D. Reading, MA, December 2005 Issues Reviewed to Show EK Traffic Study Flaws • Origin of motorists traveling to a Lifestyle Retail Center (LRC) • Number of motorists attracted by LRC (i.e., trip generation) • Distribution of motorists on Reading roadways • Accident data Origin of Motorists Traveling to LRC: The Facts • Average household income of LRC shoppers is $75,000 • Average household incomes for - Reading: $95,019 - North Reading: $94,962 - Lynnfieid:$116,914 - Wilmington: $82,650 - Wakefield: $80,732 • Total population ofabove towns: 95,988 Oueslion: This aMuent population contributes only 15%oflhe traffic to the LRC at Addison Wesley? Conclusion: Expect considerable traffic now through Reading! About the Reviewer • Reading resident since 1978, 21 Pine Ridge Circle, married, raised two sons here Principal Investigator, transportation engineering, US DOT programs • Reviewed Edwards & Kelcey traffic study at the request of Selectman, Ben Tafoya Origin of Motorists Traveling to LRC EK claimed: • 80 percent from Route.128 • 15 percent from the north through Reading • 5 percent from the east No references cited by EK for these numbers. Number of Motorists Attracted by LRC (i.e., Trip Generation) EK claimed: LRC significantly different from. traditional retail mall ...but: • Used same trip generating formula for traditional mall from engineering handbook Correct nrocedure: Collect traffic data from other LRCs (101 LRCs have been built since 2002) Conclusion: EK calculation was inconsistent it~~ Distribution of Motorists on Reading Roadways EK used computer simulation to determine traffic flow in Reading Inputs to simulation: - Trip generation: invalid input - Origin of LRC shoppers: invalid input Conclusion: computer simulation results are invalid Conclusions • Results of EK traffic study are totally invalid • A Lifestyle Retail Center at the Addison Wesley site will cause significant traffic congestion throughout Reading Question: how could anyone vote for this development based on a flawed traffic study? EK Study Cites Flawed Accident Data • Accident data used by Mass Highway is under legal inquiry by Office of Inspector General in Washington, DC by reason of Fraud • A primary problem with accident data: accident location frequently unknown • This problem may affect intersection of Main and South Streets Conclusion: do not use Mass HighNiay accident data Everson Contact Information cnj4@aol.com Sg 5 ~0 Page 1 of 1 Hechenbleikner, Peter From: TMLatTLA@aol.com Sent: Thursday, January 26, 2006 10:52 AM To: edshaw@dickidsondev.com; Hechenbleikner, Peter Subject: Re: Jordan's Lighting Missing from your report of our meeting last night is the downward aiming of the left fixture on the left pole at the Rt. 128 end of the parking lot which is aimed towards the Carnation Circle complex. You had indicated that the snow bank had kept you from previously lowering the aiming of that unit. With this correction your summary of our meeting is correct and with these changes the direct glare and beams of light towards the Carnation Circle and Lakeview/Eaton homes will be corrected. Upon your completion of this work, I will document the results by making light measurements at (or near) the property line to answer any further questions by the neighbors. Torn Lemons ti 1/26/2006 Page 1 of 2 Hechenbleikner, Peter From: Ed Shaw [edshaw@dickinsondev.com] Sent: Thursday, January 26, 2006 10:11 AM To: tmlattla@aol.com; Hechenbleikner, Peter Cc: Mark Dickinson Subject: Re: Jordan's Lighting Peter, Tom and I met in Jordans parking lot last night and I will attempt to document the resolution of various items. 1. the one light on the 5th pole at the top of the driveway will be reaimed down 13 degrees to meet the IES cutoff criteria. 2. Tom's explaination of the proposed side shieds was very helpful. He is recommending a tapered side shield which still will allow light to be distributed to the side but will reduce the visibility of the light source from the GA neighborhood. I will have these shields made and installed on the fixtures along the rear property line. 3. the parking lot lights along the front of the building exceed the 13 degree minimum tilt required to meet IES cutoff criteria and are acceptable. 4. the (6) 400 watt lights at the top of the Jordans driveway will be changed to a forward throw shoebox fixture. These fixtures will have side shields as needed. 5. 1 will need to get Jordans to agree to the modifications. Please feel free to comment on anything I may have missed. I will check on the availability of the shoebox fixtures and side shields and get back to you. Thanks for your assistance Original Message From: Hechenbleikner. Peter To: tmlattla(d)aol.com ; edshawO.dickinsondev.com Sent: Wednesday, January 25, 2006 11:49 AM Subject: RE: Jordan's Lighting I am not available but would like the 2 of you to meet if possible, and iron out this issue. Pete From: tmlattla(cbaol.com [mailto:tmlattla@aol.com] Sent: Wednesday, January 25, 2006 6:12 AM To: edshaw@dickinsondev.com; Hechenbleikner, Peter Subject: Re: Jordan's Lighting Are you available tonight to meet at the site at 5:30. I would suggest meeting at the location where we parked at our last meeting which was just inside the first entrance from the road into the parking area. My next available date would be next Monday or Tuesday since tomorrow afternoon I fly off to Atalanta for a Friday meeting with a client. Tom Lemons ---Original Message----- From: Ed Shaw <edshaw@dickinsondev.com> To: TMLatTLA@aol.com; phechenbleikner@ci. reading. ma. us Sent: Mon, 23 Jan 2006 13:42:43 -0500 Subject: Re: Jordan's Lighting Tom, Thank you for taking the time to review the recently enacted lighting revisions for Jordans parking lot. My only comment relates to the adding of side shields. I attempted to install side shields on the lights along the 1/26/2006 Page 2 of 2 rear of the property. This produced unacceptable light levels along the rear parking and drive aisle and I removed the following day. I'm not sure you noticed, but, I did leave one shield in place to show the effects on the lighting levels. Tom, Let me know if it makes sense to meet at the site one more time to review...... thanks Original Message From: TMLatTLA(a)aol.com To: phechenbleiknerCo)ci.read ino.ma.us Cc: edshawOdickinsondev.com Sent: Saturday, January 21, 2006 10:57 AM Subject: Re: Jordan's Lighting On Friday I had a phone conversation with Ed Shaw about the changes he made in the parking lot fixtures and his proposal to replace 6 roadway units with shoe box units. At his suggestion I visited the parking lot to observe the changes and viewed the results from the neighborhood locations. At the time of our January 3rd visit, there were 10 units not working. During last night's visit only 2 units were not working which included one of the 3 lights at the north west corner of the building (it is aimed almost straight down towards the ground which would not be a concern if it was on) and one of the units at the north side of the parking lot aimed towards the building which is also not a concern. When I viewed the lighting from the neighborhood location at the junction of Lakeview and Eaton, I saw that one light on the 5th pole up t he driveway is aimed towards these houses and has not been aimed down the 13, degrees which should be done. When I viewed the lights from the Smith Street location the correction that. has been made eliminates most of the concern and the replacement of the 6 roadway units with shoe box units should further improve the results. When I viewed the lights from the location on Carnation Circle where we viewed them on January 3rd, the downward aiming has improved the results except for the roadway units. With the replacement of the roadway units with shoe box units I believe that the results will be further improved but the last 2 units aimed north, may require a side shield since this location is so close and so far below them. When I viewed the lighting from 2 driveways further down Carnation Circle I saw light directed to the side of one unit on the last pole on the north side and from one unit on the two poles at the Rt. 128 end of the parking lot. I believe that these could be corrected by side shields that should not remove light from the parking lot. If I walked the back yards of the residences along Carnation Circle, I would probably find at least 1 or 2 more of the parking lot units that could be corrected with side shields. Definitely the aiming down of some of the parking lot fixtures and a plan to replace the 6 roadway units with shoe box units has and would help the spill light results. Aiming the one unit directed towards the corner of Lakeview and Eaton, adding a few side shields to other parking lot units, replacing 6 roadway units with shoe box units and adding side shields to about 2 of the shoe box units; should reduce the spill light to an acceptable value. Please let me know if you have any questions. Tom Lemons I /v3 1/26/2006 L (C Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, February 02, 2006 9:25 AM. To: 'Conroy, Mark' Cc: Reilly, Chris Subject: RE: LRC Mark The "formal" process, once the. applicant files for a zoning amendment, is a hearing by the Community Planning and Development Commission (CPDC). They publish the legal notice in the paper, .and by law notify everyone within 300 feet. There will be articles in the local newspapers, and the announcements will be on the town web site - www.ci.reading.ma.us - go to the Planning Department web page. Unfortunately we cannot set up any other notification process with a certainty that it will work. I will pass your comments along to our Town Planner for the CPDC, and to the Board of Selectmen. Thanks for taking an interest and being informed. Pete -----Original Message----- From: Conroy, Mark [mailto:Mark.Conroy@pioneerinvest.com] Sent: Thursday, February 02, 2006 9:04 AM To:. Town Manager Subject: LRC Pete, can we have an invite sent to us for the next meeting on the LRC? I think most people were thinking it was about 8-10 stores coming in, but am I right that's it's more like 50? This will affect many more people than the 50 houses they invited to the meeting (houses within 200 feet), it will affect the entire town. In the history of earth, there has never been an addition of a strip mall that has helped a town in the long run (see Peabody, Woburn, Burlington, Route 1, etc.) Every town where one of these exists has created a disastrous load of traffic, local businesses out of business., more trash, and an overwhelming characteristic of just another trashy town on the North Shore. Not to mention how absolutely absurd the traffic will be getting on/off route 128 (just 100 yards from the busiest interchange in the state). I was appalled by the weak efforts of the developers and zero back-up to any of their research and plans. They clearly figure that simply 'money talks' and they came off as not caring about anyone in Reading let alone the people on South street, but also the character of the town. It is a bad direction to head into with strip malls. It amazes me that after the past 50 years of malls in the towns mentioned above that we are considering this yes they look nice for a year, but eventually businesses leave and the owners need to have someone fill the space (aka taco bell, wendy's, KFC), it's inevitable (double the amount of people shop online this past holiday compared to last year,, these boutiques will go out of business). It 'also amazes me.that they can compare Hingham, Burlington and any other Mall with this one when it comes to traffic. Even with online shopping, driving up 128 past the north shore mall is always a disaster. A strip Mall - what an awful entranceway into the town of Reading, there's no other word to describe it than 'embarrassing' to any resident of the town, regardless if you live south or north of'town. At least people won't have to drive too far to see what the 'new Reading is all about' we'll sell our souls for some extra dough...money talks. Mark Conroy 8 Bolton Street Reading, MA "The information in this e-mail and in any attachments is confidential and intended solely for. the attention and use of the named addressee(s). This information may be subject to legal, professional or other privilege and further distribution of it is strictly prohibited without our authority. If you are not the intended recipient, you are not authorised to and,must not disclose, copy, distribute, or retain this message or any part of it, and should notify us immediately. 11 This footnote also confirms that this email has been automatically scanned for the presence of commuter viruses, profanities and certain file types." Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Wednesday, February 01, 2006 3:55 PM To: 'Janet Ehl' Cc: McIntire; Ted; Delaney, Joe; Fink, Fran; Schettini, Pat Subject: RE: Franklin Street Sidewalks and Speed limit sign Hi Janet, Congratulations on your "promotion". Here is an update for the Wood End Community • We have taken delivery on the flashing school zone signs with the speed-boards. We will install them as soon as weather permits. We were going to get solar powered ones but the order time was too long, so we need to wire them up. The locations and connections to poles are all set. • There is an additional $325,000 in the State proposed supplemental budget, for sidewalks on Franklin Street. That along with the $100,000 that I have in the current year budget should be adequate to do the job. We were waiting for the supplemental budget to pass before we bid the sidewalk construction, but since that hasn't happened yet, we are going ahead with plans to build the Fox Run Lane to William Street section with Town funds, as soon as we can this spring - probably April or May.. Then, if the state funds come through, we'll bid another contract to do the remainder, again depending on timing of state approval, hopefully starting in the spring or summer. • We will be doing stone dust this spring on the pathway from Dividence Road into the school site this spring to make it passable for the spring. In the summer the DPW will be doing this as a hot- top project - we are applying to the Conservation Commission this winter for approval. • Sometime during the spring I hope to be doing design work on the Fox Run Lane connector to the school, again we hope with construction this summer. Let me know if you have any questions. Pete Hechenbleikner From: Janet Ehl [mailto:janehl@comcast.net] Sent: Wednesday, February 01, 2006 3:27 PM To: Town Manager Subject: Franklin'Street Sidewalks and Speed limit sign Hi My name is Janet Ehl and I was a member of the Wood End Working Group that Peter Heckenblecker ran last spring. I have now joined Richard Davidson's safety committee at Wood End. I have been asked to bring updated information on the status of Franklin Street sidewalks and the flashing speed zone sides (solar powered?) I would be happy to phone in if that is easier for you - just please send me a number and time I should call. Our next scheduled meeting is Monday, February 6, 2006. The information we are seeking is 1.) When will sidewalk construction start? 2.) Is it going to be built in segments as prioritzed in the working group or have funds been designated to do all at once? 3.) When will the new speed limit signs be put into place. Thank you for your assistance. I can be reached via e-mail or home phone 781-942-7924 or cell phone 781-439- 904b. Janet Ehl Page 1 of 1 L Hechenbleikner, Peter /C From: Brad Latham [blatham@ltham-lamond.com] Sent: Friday, February 03, 2006 7:42 AM To: Reading - Selectmen; jebarnes@MIT.EDU Subject: W/S Development; Traffic I have just received a copy of the 1/30/06 e-mail from Jeff Everson to members of the CPDC and Board of Selectmen. I am troubled by the rhetoric used in that e-mail. In our Town, we may strenuously disagree on an issue, but have always dealt respectfully with each other. Accusing someone of "fraud" because of disagreement over data is not only unproductive but is also slanderous. Contrary to the allegations in that e-mail, our client's traffic engineer has shared information, including data regarding trip distribution, with the Town's traffic consultant. We also need to be mindful that both the traffic engineer engaged by the Town and the traffic engineer engaged by W/S Development are professional engineers (PE) licensed by the Commonwealth of Massachusetts and are certified as a Professional Traffic Operations Engineers (PTOE). As previously stated, W/S Development looks forward to making a complete presentation regarding traffic and other important issues to the CPDC as part of the rezoning process. W/S is confident of its position and data and does not intend to engage in personal attacks. 0. Bradley Latham Latham, Latham & Lamond, P.C. 643 Main Street Reading, MA 01867 1-781-944-0505 FAX 1-781-944-7079 This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. g 2/3/2006 MWRA Preliminary FY07 Assessments Page 1 of 2 Hechenbleikner, Peter From: Norton, Leo [Leo. Norton @mwra.state. ma. us] Sent: Friday, February 03, 2006 9:19 AM To: maguire113@aol.com; mamurphy@town.dedham.ma.us; manneringvg@bwsc.org; mbertino@town.winthrop.ma.us; mbishop@town.belmont.ma.us; mcullinan@nahant.org; mdriscoll@ci.watertown.ma.us; mikem@wakefield.ma.us; mkleckner@ci.winchester.ma.us; mpakstis@ci.wellesley.ma.us; mpillsbury@mapc.org; mryan@ci.norwood.ma.us; mtrotta@town.canton.ma.us; mtwogood@ci.winchester.ma.us; mwoods@townofwilmingtonma.com; ngalkowski@town.arlington.ma.us; obrienwj@bwsc.org; ooriordan@ci.cambridge.ma.us; pcamilli @town.winthrop.ma.us; pcastanino@town.belmont.ma.us; peter.sellers@framinghamma.gov; peterc@town.bedford.ma.us; phurley@townofmilton.org; piacenzanw@bwsc.org; Plemnios@natickma.org; pmarshall@ci.watertown.ma.us; Tassi, Peter; pwd@holbrookmassachusetts.us; rangelo@townhall.westwood.ma.us; rantico@town.wilmington.ma.us; rdawe@lynnwatersewer.org; rflorino@ci.stoneham.ma.us; rgrover@ci.stoneham.ma.us; richardw@town.bedford.ma.us; riewis@town. need ham. ma. us; rmattson@th.walpole.ma.us; rna@framinghamma.org; rredquest@town.canton.ma.us; rstinson@wakefield.ma.us; Ryan Ferrara; schaudhuri@burlmass.org; schofieldam@bwsc.org; sewercommission@hingham-ma.com; skoty@ci.somerville.ma.us; snowd@marblehead.org; sodonnell@ci.quincy.ma.us; spittorino@city.waltham.ma.us; sswymer@ci.winchester.ma.us; stamber@ci.watertown.ma.us; stevef@wakefield.ma.us; sullivanjp@bwsc.org; tambrosino@revere.org; tmacdonald@cambridgema.gov; tmagno@city.waltham.ma.us; McIntire, Ted; tmh@framinghamma.org; tom_demaio@town.brookline.ma.us; toni.pollak@ci.boston.ma.us; Town Manager; twhalen@townofbraintreegov.org; vitalehf@bwsc.org; waterdeptl@comcast.net; whadley@ci.lexington.ma.us; wkeegan@town.dedham.ma.us; wputnam@city.waltham.ma.us; wscac@javanet.com Subject: MWRA Preliminary FY07 Assessments Attachments: MWRA Preliminary FY07 Assessments xIs Massachusetts Water Resources Authority Charlestown Navy Yard 100 First Avenue Boston, Massachusetts 02129 February 3, 2006 Dear Local Official: Attached are MWRA's preliminary FY07 water and sewer assessments that will be presented to the Board of Directors on February 8, 2006. The preliminary assessments reflect a combined water and sewer rate revenue increase of 9.8% over FY05 assessments. This includes a 7.4% increase for water assessments and an 11.0% increase for sewer assessments, and reflects MWRA's continued investment and upgrades to the region's water and wastewater infrastructure. The increase is primarily driven by the debt service on the bonds issued to build the Deer Island Wastewater Treatment Plant and other large 4 capital projects, as well as rising interest rates, and extraordinary increases in energy costs. i 2/3/2006 MWRA Preliminary FY07 Assessments Page 2 of 2 Attachment 1 details the preliminary FY07 water and/or sewer charge for each MWRA community. As always, assessments for individual communities may be higher or lower than the average water and sewer assessments, depending primarily on each community's share of CY05 water usage, changes in share of averaged CY03, CY04 and CY05 wastewater flow, changes in total and sewered population, and changes in high strength and septage contributions. Please note that Attachment 1 can also be found on the MWRA website at www.mwra.com. Final assessments for FY07 will be determined with the approval of MWRA's FY07 CEB by. its Board of Directors in June. MWRA's final budget will incorporate changes resulting from the MWRA Advisory Board's recommendations, the Board of Directors' budget deliberations and decisions on the use of rate stabilization funds in FY07 and beyond. If you have any questions regarding MWRA assessments please feel free to contact me at (617) 788- 2256, or Patricia Filippone at (617) 788-2206. Sincerely, Leo Norton Assistant Manager, Rates, Revenue and Finance Finance Division MW RA (617)788-2256 1norton@rnwra.state.rna.us <<MWRA Preliminary FY07 Assessments .xls>> ~v ~r 2/3/2006 Massachusetts Water Resources Authority Attachment 1 - Preliminary FY07 Water and Sewer Assessments 1-Feb-06 Final FY06 ' 'Preliminary FY07 Percent Final FY06, Preliminary FY07' Percent Final FY06 Preliminary FY07 Percent - 'MWRA Combined Water and.SewerCustoniers iWater _ Water Assessment Change from Sewer Sewer Change from Combined Combined Change from Assessment FY06 Assessment Assessment FYOS Assessment - Assessment FY06 ARLINGTON $3,389,266 $3,633,782 7.2% $5,663,185 $6,496,799 10.8% $9,252,451 $10,130,581 9.5% BELMONT 1,697,163 1,876,847 10.6% 3,502,437 3,909,193 11.6% 5,199,599 5,786,040 11.3% BOSTON 60,867,841 64,595,853 6.1% 90,597,554 98,990,648 9.3% 151,465,394 163,586,501 8.0% BROOKLINE 4,557,527 4,834,029 6.1% 9,083,147 10,085,237 11.0% 13,640,674 14,919,266 9.4% CHELSEA 2,713,184 2,737,607 0.9% 4,364,162 4,695,099 7.6% 7,077,346 7,432,706 5.0% EVERETT 3,698,994 3,779,002 2.2% 5,616,895 6,124,099 9.0% 9,315,889 9,903,101 6.3% FRAMINGHAM 5,988,784 6,292,387 5.1% 7,969,891 8,800,218 10.4% 13,958,675 15,092,605 8.1% LEXINGTON 3,775,505 4,154,148 10.0% 5,257,126 5,910,874 12.4% 9,032,631 10,065,022 11.4% MALDEN 4,894,929 5,081,802 3.8% 8,407,046 9,178,547 9.2% 13,301,975 14,260,349 7.2% MEDFORD 4,267,816 4,514,710 5.8% 8,394,421 9,108,784 8.5% 12,662,237 13,623,494 7.6% MELROSE 1,750,441 2,077,908 18.7% 4,244,637 4,781,952 12.7% 5,995,078 6,859,860 14.4% MILTON 2,010,574 2,331,388 16.0% 3,912,142 4,368,602 11.7% 5,922,716 6,699,890 13.1% NEWTON 7,383,431 7,850,390 6.3% 13,884,034 16,208,121 16.7% 21,267,465 24,058,511 13.1% NORWOOD 2,493,692 2,658,835 6.6% 5,011,913 5,558,512 10.9% 7,505,605 8,217,348 9.5% QUINCY 7,599,337 8,417,117 10.8% 13,214,808 15,166,915 14.8% 20,814,145 23,584,032 13.3% REVERE 3,471,732 3,602,763 3.8% 6,801,118 7,302,452 7.4% 10,272,850 10,905,216 6.2% SOMERVILLE 4,961,259 5,335,699 7.5% 10,325,026 11,450,879 10.9% 15,286,285 16,786,578 9.8% STONEHAM 2,397,052 2,593,482 8.2% 3,206,627 3,568,020 11.3% 5,603,678 6,161,502 10.0% WALTHAM 5,826,373 6,477,418 11.2% 9,260,965 10,376,003 12.0% 15,087,338 16,853,421 11.7% WATERTOWN 2,565,976 2,522,208 -1.7% 4,185,181 4,682,339 11.9% 6,751,157 7,204,547 6.7% WINTHROP 1,182,037 1,286,965 8.9% 2,231,158 2,401,375 7.6% 3,413,195 3,688,340 8.1% TOTAL $137,492,914 $146,654,340 6.7% $225,333,471 $249,164,570 10.6% $362,826,386 $395,818,910 9.1% Final FY06 Preliminary FY07 Percent Final FY06 PrellminaryFY07 Percent : 'Final FY06 Preliminary FV07 Percent MWRASewer and Partial Water Customers Water Water Assessment Change from Sewer. Sewer Change,from Combined Combined., Change from. Assessment, FYOS Assessment Assessment FYOG Assessment Assessment : . FY06 CANTON $1,667,312 $1,671,864 0.3% $2,881,231 $3,209,248 11.4% $4,548,542 $4,881,112 7.3% NEEDHAM 351,877 830,009 135.9% 4,640,239 5,125,624 10.5% 4,992,116 5,955,633 19.3% READING' 0 0 0.0% 2,980,493 3,364,700 12.9% 2,980,493 3,364,700 12.9% STOUGHTON 312,178 412,219 32.0% 3,311,405 3,709,167 12.0% 3,623,583 4,121,386 13.7% WAKEFIELD 1,438,399 1,581,111 9.9% 4,095,541 4,577,578 1118% 5,533,940 6,158,689 11.3% WELLESLEY 382,538 698,830 82.7% 4,006,430" 4,572,655 14.1% 4,388,968 5,271,485 20.1% WINCHESTER 827,854 917,132 10.8% 2,973,549 3,253,305 9.4% 3,801,403 4,170,437 9.7% WOBURN 1,767,015 2,156,603 22.0% 7,814,649 8,901,380 13.9% 9,581,664 11,057,983 15.4% TOTAL $6,747,174 $8,267,768 22.5% $32,703,536 $36,713,658 12.3% $39,450,710 $44,981,426 14.0% Final FYOG Percent FinalFY06 Preliminary FY07 Percent Final FY06 Preliminary FY07 Percent MWRA Sewer-only Customers Water Preliminary FY07 Change from Sewer Sewer Change from Combined- Combined Change from "Assessment Water Assessment FY06 Assessment Assessment FY06' Assessment. Assessment- FY06 ASHLAND $1,505,621 $1,728,664 14.8% $1,505,621 $1,728,664 14.8% BEDFORD 2,379.363 2,678,662 12.6% 2,379,363 2,678,662 12.6% BRAINTREE 5,890,315 6,533,085 10.9% 5,890,315 6,533,085 10.9% BURLINGTON 3,440,952 3,849,037 11.9% 3,440,952 3,849,037 11.9% CAMBRIDGE 15,774,594 17,678,616 12.1% 15,774,594 17,678,616 12.1% DEDHAM 4,348,563 4,891,238 12.5% 4,348,563 4,891,238 12.5% HINGHAM SEWER DISTRICT 1,155,018 1,326,803 14.9% 1,155,018 1,326,803 14.9% HOLBROOK 1,119,106 1,241,326 10.9% 1,119,106 1,241,326 10.9% NATICK 3,895,604 4,270,656 9.6% 3,895,604 4,270,656 9.6% RANDOLPH 3,976,809 4,525,746 13.8% 3,976,809 4,525,746 13.8% WALPOLE 2,396,186 2,742,556 14.5% 2,396,186 2,742,556 14.5% WESTWOOD 1,872,424 2,088,009 11.5% 1,872,424 2,088,009 11.5% WEYMOUTH 8,063,924 9,011,651 11.8% 8,063,924 9,011,651 11.8% WILMINGTON 1,828,634 1,870,931 2.3% 1,828,634 1,870,931 2.3% TOTAL $57,647,112 $64,436,982 11.8% $57,647,112 $64,436,982 11.8% Final FYOG Preliminary FY07 Percent Final FYOG Preliminary FY07 Percent - Final FYOG Preliminary PY07 Percent MWRA Water-only Customers Water Water Assessment Change from Sewer Sewer Change from Combined Combined Change from Assessment FY06 Assessment Assessment FY06 Assessment Assessment FY06 LYNNFIELD WATER DISTRICT $357,721 $375,522 5.0% $357,721 $375,522 5.0% MARBLEHEAD 1,525,030 1,680,694 10.2% 1,525,030 1,680,694 10.2% NAHANT 295,158 323,014 9.4% 295,158 323,014 9.4% SAUGUS 2,606,493 2,668,344 2.4% 2,606,493 2,668,344 2.4% SOUTHBOROUGH 562,422 710,486 26.3% 562,422 710,486 26.3% SWAMPSCOTT 1,501,614 1,682,392 12.0% 1,501,614 1,682,392 12.0% WESTON 1,246,761 1,419,145 13.8% 1,246,761 1,419,145 13.8% TOTAL $8,095,198 $8,859,597 9.4% $8,095,198 $8,859,597 9.4% Final FY06 Percent Final FY06 Preliminary -FY07 Percent Final FY06 Preliminary FY07 Percent MWRA Partial Water-only Customers Water Preliminary FY07 - Change from Sewer Sewer Change from Combined Combined' Change from Assessment Water Assessment FY06 Assessment Assessment FY06 Assessment Assessment FY06 DEDHAM-WESTWOOD WATER DISTRICT $0 $0 0.0% $0 $0 0.0% LYNN 173,718 200,452 15.4% 173,718 200,452 15.4% MARLBOROUGH 2,832,771' 2,458,651 -13.2% 2,832,771 2,458,651 -13.2% NORTHBOROUGH 691,108 785,160 13.6% 691,108 785,160 13.6% PEABODY 502,797 956,060 90.1% 502,797 956,060 90.1% TOTAL $4,200,395 $4,400,324 4.8% $4,200,395 $4,400,324 4.8% SYSTEMS TOTAL $156,535,681 $168,182,028 7.4% $315,684,120 $350,315,210 11.0% $472,219,801 $518,497,238 9.8% ' The Dedham-Westwood Water District and the Town of Rcading will be MWRA water communities as orFY07. Ok 3 Hechenbleikner, Peter From: Vasily-Cioffi, Jodie pod ie.VasilyCioffi@genzyme.com] Sent: Thursday, February 02, 2006 11:12 AM To: Reading - Selectmen Subject: Addison Wesley site Dear Board of Selectmen: I am writing in reference to the proposed development at the Addison Wesley site. I live in Precinct 8 and would like to give my opinion on the matter. uneauivocally suooort a retail develooment for this location. Based upon the success of the retail development at the former landfill, I am confident that Reading and nearby communities could support a retail development. A commercial or retail use helps keep Reading's tax base from being entirely dependent on residential taxes. As we have learned over the past few years, the commercial tax base requires less support from town services than residential. Accordingly it benefits the town to maintain a commercial tax base. As Reading's commercial tax base is already small, I think it would be detrimental to the town to allow a non-residential parcel to become residential. I also like the developer's proposal for addressing the traffic concerns. The reality is that the existing buildings, when fully occupied, had their own traffic problems. Of course a vacant parcel has less traffic than an occupied one - it doesn't matter what is put there, there will be additional traffic. There were legitimate concerns that were brought up at the meeting that need to be addressed (such as the question of the rte 128 overpass on Main St.) and the traffic engineer should do so. However. I do feel that the oroiect. as proposed. is too larae. I believe that the Board of Selectmen should propose to the developer that he reduce the size of the project by at least 25%. 315,000 square feet of retail is plenty for that location. 420,000 would be excessive. By proposing a compromise article, it would show that the Town of Reading is friendly to controlled development and the understanding that the parcel will be developed in a way that works for the town. I understand why the neighbors are concerned and those concerns should be addressed as best as possible by the developers. Change is difficult and it will be a big adjustment for neighbors when the property is redeveloped after being vacant for approximately 6 years. However, the Addison Wesley buildings have been there for many years, long before the majority of the neighbors lived in their homes. Something should and will happen with the property - it should not remain vacant. In closing, I wanted to offer you the opinion of a Reading resident that is not a neighbor to the site and therefore has a different view than those whose voices you are hearing most loudly. Thank you for all of your hard work. Sincerely, Jodie Vasily-Cioffi 16 Kurchian Lane Reading Jodie Vasily-Cioffi, Esq. Senior Counsel, Securities and Corporate Operations Genzyme Corporation 500 Kendall Street Cambridge, MA 02142 Phone: 617.768-6847 Fax: 617.252.7553 E-mail: iodie.vasilvcioffna zerazvnre.com This e-mail message may contain confidential and privileged information. If you have received this message in error, please contact the sender by reply e-mail message and destroy all copies of the original message. ,X~r_ ff