Loading...
HomeMy WebLinkAbout2006-07-31 Board of Selectmen HandoutOF R~9df to ~f = Board of Selectmen Water Supply Update INCO July 31, 2006 The Town of Reading has been working diligently to implement the decision of the Special Town Meeting of June 2006, to transition to full water service from the MWRA and to decommission the existing water treatment plant. To accomplish this change, the Town has asked its legislative delegation to file special legislation to expedite this process. That legislation has been filed, has passed the House, and has been sent to the Senate. Through Representative Brad Jones office, the Town has developed an alternative to the special legislation, consisting of an Administrative Consent Order (ACO) with the DEP, and a side letter of agreement with the MWRA. The result of the agreements in summary is: • The Town will continue to operate its water treatment plant until approximately September 15, 2006, at which time the Town will be fully on MWRA water; • The Town will keep the existing water treatment plant operable until final approval of full MWRA buy-in from the Water Resources Commission, which is expected to be no later than June 2007; • The Town will immediately apply for a Notice of Project Change to MEPA; • The Town will apply for a Phase 1 waiver to MEPA l o~~ R~9df W: a Board of Selectmen 6164 Water Supply Update e39. NcoJuly 31, 2006 ® Reading will retain its water registration of 2.57 mgd, subject to renewal periodically as required by state regulations; ® MWRA will provide the Town with up to 2.1 mgd of water during the period prior to the completion of all approvals by the state, and up to 2.27 mgd following that; ® The MWRA will charge current wholesale rates for the water used in the period of time between now and the final approval of full MWRA buy-in by the state; ® The MWRA will expedite the development of a redundant water source to Reading; The following is a detailed review of the features of the agreements: Status of Legislation House Minority Leader Representative Bradley H. Jones, Jr. filed the legislation requested by the Special Town Meeting to expedite the process of moving to a full MWRA water supply. Prior to this legislation moving on to the Senate, he has developed alternative means to achieve the Town's water supply goals, and this legislation has been suspended. Assuming an adequate resolution of the Town's concerns, there will be no reason to push forward with this legislation. a' F C~'A ~ ~ ~ X1;0= tp lO . n - ~'~O 6`x`9: ltvrnttQO~~ Board of Selectmen Water Supply Update July 31, 2006 Administrative Consent Order (ACO) The Commonwealth of Massachusetts Executive Office of Environmental Affairs (EOEA), Department of Environmental Protection and the Town of Reading have signed an Administrative Consent Order to address the Town's water supply situation. Under this ACO, Reading must meet several obligations, including • filing a Notice of Project Change by August 7, 2006, with MEPA, office of the EOEA; and • on or before December 1, 2006, filing a request for approval from the Water Resources Commission under the Interbasin Transfer Act to join the MWRA as a full-time water member The earliest ruling from the initial MEPA filing is expected to be mid-October, 2006. If this is a favorable ruling, the next request will be considered by the WRC. This process will.require five months to complete. Meanwhile, if Reading complies with all of the conditions of the ACO, it may reduce/cease its withdrawal of water from the Ipswich River basin immediately. 3. OF CT7 Wy o. r, Board of Selectmen Water Supply Update i July 31, 2006 MWRA In a side agreement with the Town of Reading, the MWRA has agreed to the following: • Immediately provide to the Town an annual average of no more than 2.1 million gallons per day, subject to the terms and conditions of the ACO. • Water will be provided to the Town at the prevailing rate for its metropolitan area communities. • MWRA will work with and support the Town in an expedited review to become a fully served MWRA water community. • MWR.A is committed to expedited planning, design, and construction of distribution systems improvements to improve system operability and reliability in the Northern Intermediate High Service Area that serves Reading. Louanis Water Treatment Plant Previously, the Town received permission to join the MWR.A for supplemental summer water supply, for a maximum of 219 millions gallons (mg) per year. The Town's Water Treatment Plant will continue to operate until such time as an initial mid-October favorable ruling from MEPA may allow the Town to exceed this 219 mg figure. Depending on weather and future water usage, this is expected to be sometime in September. Board of Selectmen Water Supply Update July 31, 2006 Reading's Long Term Water Supply The ACO will expire in December of 2007. At this time, the Town of Reading anticipates a final decision on joining the MWRA for full water use to occur before June 30, 2007. Upon a successful completed application to the MWRA, the Town will decommission and demolish the Water Treatment Plant; retain its current Registration rights to the Ipswich River basin; and convert the latter to emergency status only. s July 31, 2006 Town of Reading 16 Lowell Street Reading, MA 01867 Ben Tafoya, Chairman James E. Bonazoli, V. Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert BOARD OF SELECTMEN (781) 942-6643 FAX: (781) 942-9071 Website: www.ci.reading.ma.us At their meeting of July 31, 2006, the Board of Selectmen approved the following motion: The Board of Selectmen pursuant to Section 5-2 (a) and (g) of the Town of Reading Home Rule Charter voted to accept the provisions of the Administrative Consent Order (ACO) NE - 06-F001 and authorize the Town Manager to sign the Administrative Consent Order on behalf of the Town of Reading. BOARD OF SELECTMEN Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert G COMMONWEALTH OF MASSACHUSETTS EXECUTIVE. OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the matter of: ) Town of Reading ) File No.: ACO-NE-06-F001 ADMINISTRATIVE CONSENT ORDER 1. THE PARTIES 1. The Massachusetts Department of Environmental Protection ("MassDEP" or "Department") is a duly constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, § 7. The Department maintains its principal office at One Winter Street, Boston, MA 02108, and its Northeast Regional Office at 205B Lowell Street, Wilmington, MA 01887. 2. The Town of Reading ("Reading") is a Municipality with its Town Hall located at 16 Lowell Street, Reading, MA 01867. Reading's mailing address for purposes of this Consent Order is 16 Lowell Street, Reading, MA 01867 ATTN: Peter Hechenbleikner. Reading is responsible for the operations of the Reading, Water Department and the Louanis Water Treatment Plant ("WTP") located on Strout Avenue in Reading, MA 01867. II. STATEMENT OF FACTS AND LAW 3. The Department is responsible for the implementation and enforcement of M.G.L. c. 21G and the Water Resources Management regulations at 310 CMR 36.00, and M.G.L. c. 111, § 159 et seq., 42 U.S.C. §§300f- 300j (the Federal Safe Drinking Water Act) and the Drinking Water Regulations at 310 CMR 22.00. The Department has authority under M.G.L. c. 21A, § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil administrative penalties. 4. The following facts have led the Department to issue this Consent Order: a. Reading has nine existing water supply sources located in the Ipswich River basin. They are as follows: Revay Well #1 (03G), Well #2 (04G), Well #3 (05G), B Line Well (06G), Town Forest Well (07G), Well #82-20 (08G), Well #66-8 (Well 09G), Well #13 (10G), and Well #15 (11G). 7Y In the Matter of. Town of Reading ACO-NE-06-F001 Page 2 b. Reading is Registered under the Water Management Act ("WMA") to withdraw an annual average of 2.57 million gallons per day ("mgd") of water from the Ipswich River basin pursuant to Registration Statement #3-17-246.01 originally issued on February 15, 1991 and renewed on January 1, 1998. c. The Ipswich River is one of the Commonwealth's most stressed rivers, with streamflow in the upper watershed sometimes depleted to a dry riverbed. d. Reading's streamside wells are located along the most impacted portion of the Ipswich River, and Reading's withdrawals have a greater direct impact on the Ipswich River than withdrawals by any other municipality. e. Using 2005 data as an example, Reading's raw water withdrawals from the .Ipswich River basin would have been reduced by an annual average of 1.98 mgd if Reading had received all of its water from the MWRA System. f. Businesses located within the Zone II of Reading's wells use hazardous materials and generate hazardous waste, or store oil or hazardous material in above ground or underground tanks. In addition, Interstate Route 93 crosses the west side of the protective Zone I area around two of Reading's wells. g. Reading has completed the entire process to purchase up to 219 million gallons of water from the Massachusetts Water Resources Authority ("MWRA") Water, Works System ("MWRA System") from May 1St through October 31St. This required Massachusetts Environmental Policy Act ("MEPA") review, MWRA approval (including approvals from both the MWRA Board of Directors and the MWRA Advisory Board), and approval by the General Court for Reading to become an MWRA member community. In addition, on June 9, 2005, the Water Resources Commission ("WRC") conditionally approved Reading's request, under the Interbasin Transfer Act ("ITA"), to join the MWRA System. The WRC approved Reading's purchase and limited Reading's use of Ipswich River basin. sources to 1 mgd, subject to certain exceptions and conditions. h. Reading's quarterly finished water locational samples have periodically exceeded the Trihalomethane Maximum Contaminant Limit. i. Reading seeks to obtain all of its water from the MWRA System. III. DISPOSITION AND ORDER For the reasons set forth above, the Department hereby issues, and Reading hereby consents to, this Order: 9 ? In the Matter of: Town of Reading ACO-NE-06-FOO I Page 3 5. The parties have agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public interest, to proceed promptly with the actions called for herein. 6. The Department's authority to issue this Consent Order is conferred by the Statutes and Regulations cited in Part Il of this Consent Order. Reading shall perform the following actions: a. Provided that Reading has in place an agreement and commitment to receive its water from the MWRA System, Reading shall reduce its withdrawal of water from the Ipswich River basin to the extent feasible in order to effect the purposes of the WMA and to ensure the delivery of a fit and pure water supply. Beginning August 1, 2006, Reading may receive all of its water from the MWRA System pursuant to an agreement and commitment with the MWRA, provided Reading complies with the requirements and conditions set forth below. b. On or before August 7, 2006, Reading shall file a Notice of Project Change and, subsequently if required, an Environmental Impact Report to the MEPA office of the Executive Office of Environmental Affairs ("EOEA") regarding Reading's request to receive an annual average of up to 2.27 mgd of water from the MWRA System. Such submission shall meet the requirements of M.G.L. c. 30, 61- 62H and 301 CMR 11.00. c. On or before December 1, 2006, Reading shall submit a request for approval to the WRC under the ITA to receive an annual average of up to 2.27 mgd of water from the MWRA System. Such submission shall meet the requirements of M.G.L. c: 21, 8B-8D and 313 CMR 4.00. d. Reading shall exercise best efforts to obtain, within one year of the effective date of this Consent Order, all certificates, permits and approvals related to the submissions .required by Paragraphs b and c above. Without limitation, best efforts means that: (i) Reading's submissions shall be complete and include all the information and documentation required by the statutes and regulations identified in Paragraphs b and c above; and (ii) Reading shall expeditiously respond to a request(s) for additional information or documentation including, without limitation, responding to any such request(s) within the timeline(s) established by EOEA or the WRC. e. Effective immediately and during the review/approval processes under MEPA and the ITA, Reading shall not exceed an annual average of 65 residential gallons per capita day. Should Reading exceed an annual average of 65 residential gallons per capita day, Reading shall the following calendar year impose the restrictions on nonessential outdoor water use (Option 1: Calendar Trigger or Option 2: Stream Flow Trigger using USGS South Middleton Gauge Station 01101500) as set forth in IT I In the Matter of. Town of Reading ACO-NE-06-F001 Page 4 MassDEP's Guidance Document for Water Management Act Permitting Policy effective date January 17, 2006, Section W. Summer Limits on Withdrawals. f. Except as otherwise provided in Paragraph e above, effective immediately and during the review/approval processes under MEPA and the ITA, Reading shall comply with: (i) Conditions 3, 6, 8, 9, 10, 11 and 12 of the June. 9, 2005 WRC Decision; (ii) Note #2 on page 29 of the June 9, 2005 WRC Decision; and (iii) Attachment 1, Criterion #3 of the June 9, 2005 WRC Decision. Nothing in this paragraph shall be construed as obviating the need for Reading to comply with all of the requirements of the June 9, 2005 WRC Decision. g. Effective immediately and during the review/approval processes under MEPA and the ITA, Reading shall: (i) receive an annual average of no more than 2.1 mgd from the MVVRA System; and (ii) withdraw from its registered water supply sources only to the extent provided in this Consent Order or pursuant to an emergency declaration or other MassDEP approval under M.G.L. c. 21G or as allowed under other applicable law. This requirement shall not apply following Reading's receipt of final certificates, permits or approvals under MEPA and the ITA to purchase its water from the MWRA System. Nothing herein shall be construed to allow or approve Reading's purchase of more than 219 million gallons of water from the MWRA System from May 1St through October 31st unless in compliance with MEPA. h. In the event the volume of water that Reading is approved to receive from the MWRA System in response to the submissions. required by Paragraphs b and c above is less than 2.27 mgd, the maximum volume Reading may withdraw from its registered water supply sources shall be the difference between 2.57 mgd and the volume of water that Reading is approved to receive from the MWRA System such that Reading's overall finished water use shall not exceed an annual average of 2.27 mgd. Such withdrawals shall be in accordance with applicable law including, without limitation, Reading's WMA Registration and any revisions thereto. This Consent Order shall not be construed or operate as limiting or affecting MassDEP's authority to revise the terms and conditions of Reading's WMA Registration in accordance with applicable law, nor shall this Consent Order be construed or operate as limiting or affecting Reading's ability to challenge any such revision in accordance with applicable law. i. In the event Reading receives all of its water from the MWRA System while the review/approval processes under MEPA and the ITA are ongoing, Reading shall, at a minimum, continue to: Maintain its existing water supply sources as an inactive water supply, in accordance with the Drinking Water Regulations at 310 CMR 22.00 and the Department's 2001 Guidelines and Policies for Public Water Supplies; 1d In the Matter of: Town of Reading ACO-NE-06-F001 Page 5 2. Maintain the capacity to provide water from its existing water supply sources in the event of an emergency, including, in accordance with M.G.L. c. 21G and the Drinking Water Regulations at 310 CMR 22.00, the ability to provide disinfection; 3. Maintain its distribution system in operable condition and retain the necessary staff to do so, in accordance with the Drinking Water Regulations at 310 CMR 22.00; 4. Maintain or improve its ownership or control of the Zone I for its wells in accordance with the Drinking Water Regulations at 310 CMR 22.00; 5. Maintain or improve its Zone II wellhead protection in accordance with the Drinking Water Regulations at 310 CMR 22.00; and 6. Maintain its WTP in operable condition. j. Within forty-five (45) days of the effective date of this Consent Order, Reading shall submit to MassDEP for review and approval a detailed plan and implementation schedule to ensure compliance with the requirements set forth in Paragraph i.1-6 above. Reading shall implement the plan and schedule as approved by MassDEP. k. Within thirty (30) days following receipt of final certificates, permits or approvals under MEPA and the ITA to purchase all of its water from the MWRA System, Reading shall submit to MassDEP for its review and approval a detailed plan and implementation schedule to address, at a minimum, the following: l : The decommissioning and demolition of Reading's WTP in accordance with applicable law; 2. Conversion of Reading's existing water supply sources from inactive status to emergency status in accordance with the Drinking Water Regulations at 310. CMR 22.00. Said plan shall include the actions necessary for Reading to maintain the capacity to provide water from its existing water supply sources in the event of an emergency, including the ability to provide disinfection; 3. Maintaining or improving its ownership or control of the Zone I for its wells in accordance with the Drinking Water Regulations at 310 CMR 22.00; and 4. Maintaining or improving its Zone II wellhead protection in accordance with the Drinking Water Regulations at 310 CMR 22.00. Reading shall implement the plan and schedule as approved by MassDEP. 1. In the event Reading has not received final certificates, permits and approvals with respect to the-submissions required by Paragraphs b and c above by December 31, 2007, or by a later date agreed to by the parties, Reading shall immediately cease its receipt of water from the MWRA System under this Consent Order. In such event, Reading shall obtain its water In the Matter of Town of Reading ACO-NE-66-F001 Page 6 from the MWRA System pursuant to the WRC's June 9, 2005 Decision and from its own water supply sources pursuant to its WMA Registration and any revisions thereto. 8. Except as otherwise provided, all notices, submittals and other communications required by this Consent Order shall be directed to: Eric Worrall MassDEP-NERO 205B Lowell Street, Wilmington, MA 01887 Such notices, submittals and other communications shall be considered delivered by Reading upon receipt by the Department. 9. Except as otherwise provided herein, actions required by this Consent Order shall be taken in accordance with all applicable federal, state, and local laws, regulations and approvals. This Consent. Order shall not be construed as, nor operate as, relieving Reading or any other person of the necessity of complying with all applicable federal, state, and local laws, regulations and approvals. 10. The Department hereby determines, and Reading hereby agrees, that the deadlines set forth above constitute reasonable periods of time for Reading to take the actions described. 11. Reading understands, and hereby waives, its right to an adjudicatory hearing before the Department on, and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of review. This waiver does not extend to any other order issued by the Department. 12. This Consent Order may be modified only by written agreement of the parties hereto. 13. The provisions of this Consent Order are severable, and if any provision of this Consent Order or the application thereof is held invalid, such invalidity shall not affect the validity of other provisions of this Consent Order, or the application of such other provisions, which can be given effect without the invalid provision or application, provided however, that the Department shall have the discretion to void this Consent Order in the event of any such invalidity. 14. Nothing in this Consent Order shall be construed or operate as barring, diminishing, adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue any additional order or to seek any other relief with respect to the subject matter covered by this Consent Order, or (ii) any legal or equitable right of the Department to pursue any other claim, action, suit, cause of action, or demand which the Department may have with respect.to the subject matter covered by this Consent Order, including, without limitation, any action to enforce this Consent Order in an administrative or judicial proceeding. Reading reserves any rights it may have to appeal or defend any such order, claim, action, suit, cause of action, or demand, /J' . In the Matter of, Town of Reading ACO-NE-06-F001 Page 7 except that Reading shall not challenge the validity, terms and binding nature of this Consent Order. 15. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating, or in any way affecting, any legal or equitable right of the Department or Reading with respect to any subject matter not covered by this Consent Order. 16. Reading shall not violate this Consent Order and shall not allow or suffer Reading's departments, boards, committees, commissions, officers, employees, agents, contractors or consultants to violate this Consent Order. 17. Reading shall pay stipulated civil administrative penalties to the Commonwealth, as demanded by MassDEP, in accordance with the following schedule if Reading violates any provision of this Consent Order: For each day, or portion thereof, of each violation, Reading shall pay stipulated civil administrative penalties in the following amounts: Period of Violation Penaltv ner day 1St through 21St days $100 per day 22"a through 30th days $250 per day 31St day and thereafter $500 per day Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall continue to accrue until the day Reading corrects the violation or completes performance, whichever is applicable. Stipulated civil administrative penalties shall accrue regardless of whether the Department has notified Reading of a violation or act of noncompliance. All stipulated civil administrative penalties accruing under this Consent Order shall be paid within thirty (30) days of the date the Department issues Reading a written demand for payment. If simultaneous violations occur, separate penalties shall accrue for separate violations of this Consent Order. The payment of stipulated civil administrative penalties shall not alter in any way Read'ing's obligation to complete performance as required by this Consent Order. The Department reserves its right to elect to pursue alternative remedies and alternative civil and criminal penalties which may be available by reason of Reading's failure to comply with the requirements of this Consent Order. In the event the Department collects alternative civil administrative penalties, Reading shall not be required to pay stipulated civil administrative penalties pursuant to this Consent Order for the same violations. Notwithstanding the foregoing, the Department agrees not to assess stipulated civil administrative penalties under this Consent Order for a violation(s) of Paragraph 716, that occurs following final decisions by MEPA and the WRC denying Reading's request to receive all of its water from the MWRA System. /13 In the Matter of. Town of Reading ACO-NE-06-F001 Page 8 Reading reserves whatever rights it may have to contest the Department's determination that Reading failed to comply with the Consent Order and/or to contest the accuracy of the Department's calculation of the amount of the'stipulated civil administrative penalty. 18. Reading shall pay all stipulated civil administrative penalties due under this Consent Order by certified check, cashier's check, or money order made payable to the Commonwealth of Massachusetts. Reading shall clearly print on the face of its payment Reading's full name, the file number appearing on the first page of this Consent Order, and the Reading's Federal Employer Identification Number, and shall mail it to: Commonwealth of Massachusetts MassDEP Commonwealth Master Lockbox P.O. Box 3982 Boston, MA 02241-3982 Reading shall simultaneously mail a copy of the payment to: Eric Worrall MassDEP-NERD 205B Lowell Street Wilmington, MA 01887 In the event Reading fails to pay in full any civil administrative penalty as required by this Consent Order, then pursuant to M.G.L. c. 21A, § 16, Reading shall be liable to the Commonwealth for up to three (3) times the amount of the civil administrative penalty, together with costs, plus interest on the balance due from the time such penalty became due and attorneys' fees, including all costs and attorneys' fees incurred in the collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, § 6C. 19. Failure on the part of the Department to complain of any action or inaction on the part of Reading shall not constitute a waiver by the Department of any of its rights under this Consent Order. Further, no waiver by the Department of any provision of this Consent Order shall be construed as a waiver of any other provision of this Consent Order. 20. Reading agrees to provide the Department, and the Department's employees, representatives and contractors, access at all reasonable times to its water supply wells, water treatment plant and other related facilities and systems for purposes of conducting any activity related to its oversight of this Consent Order. Notwithstanding any provision of this Consent Order, the Department retains all of its access authorities and rights under applicable state and federal law. Al. In the Matter of: Town of Reading ACO-NE-06-F00I Page 9 21. The undersigned certify that they are fully authorized to enter into the terms and conditions of this Consent Order and to legally bind the party on whose behalf they are signing this Consent Order. 22. This Consent Order shall become, effective on the date that it is executed by the Department. Consented To: TOWN OF READING By: Peter. Hechenbleikner Town,Manager Town of Reading 16 Lowell Street Reading, MA 01867 Federal Employer Identification No.: 04-600-1277 Date: Issued By: MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Richard J. Chalpin Regional Director MassDEP-NERO 205B Lowell Street Wilmington, MA 01887 Date: f S", OF~$ Town of Reading ~o 0 16 Lowell' Street j639'►xcol- 0 Reading, MA 01867-2685 FAX: (78,1) 942-9071 Email: townmanager@ci.reading.ma.us July 31, 2006 Deerin Babb-Brott, Director MEPA-EOEA 100 Cambridge St., Suite 900 Boston, MA 02114 Re: MEPA Filing Dear Mr. Babb-Brott; TOWN MANAGER (781) 942-9043 , The Town of Reading and MADEP have signed an Administrative Consent Order ACO-NE-06- F001 related to the buy-in by Reading to the MWRA water system for full use of MWRA water by the Town. It is our understanding from the meeting held on July 25, 2006 with MEPA and Town representatives that the Town may file a Phase 1 Waiver request relative to this matter, and the Town intends to do so. We also understand that, subsequent to Reading's August 7, 2006 filing of a Notice of Project Change, the Town will submit a Supplemental Final Environmental Impact Report, if required, to the Massachusetts Environmental Policy Act (MEPA) unit of the Environmental Executive Office of Environmental Affairs (EOEA) regarding Reading's request to receive up to 831 million gallons of water (366 days x 2.27 mgd) annually from the MWRA system. Such submittal shall meet the requirements of MGL c. 30, s 61-62H and 301 CMR 11.00. Please let me know immediately if this is not your understanding of these discussions. in ere.A, P ter I. Hec ikner Town Manager CC: Secretary EOEA David Luke 16. July 31, 2006 Mr. Peter Hecbefibleikner Reading Town Manager 16 Lowell Street Reading; MA 01867-2685. Subject: Agreement mid Comi-nitment of MW.RA Water Supply to the Town Of Reading ,Dear. Mr. H.echenbleileraer: This letter is intended to complement the Administrative Consent Order -N.B.- 06-FOOl (ACO) between the Town of Reading and the Department of Environmental Protection. The ACO requires Reading, provided it has in place an ag eemmt and commitment to Cccc ive its water from M-W.t7A, to reduce .its withdtawal fi-om the Ipswich :R.i.ve'r basin to the' extant feasible in order to effect the purposes of the VI MA and to ensure the delivery of, a tit and pure water supply. It states that beginning July 31, 2006, k.eading'may'receive all of its water from the MW-RA system provided it complies with certain requirements and conditi.on.s, as sot fortli in tlic ACO. 'Me A.CO also commits Readitig to a series of actions anal rni.lcstones for submission of doctunents related to IYMPA, and I.TA regulatgry reviews. . ,The current Water Supply Agreement between. Reading and MW12A..cornmits MWRA to provide Reading with 219 million gallons of water on an ar_mtua.l volume basis. This letter hereby amends that Agreement to reflect the disposition and order of the ACCT: 1vSorc specifically, 1. MWRA agwees.to immediately provide the Town of Reading an aririual average of no more than 2.1 m.gd, subject to E oth the term. duration and conditions of the ACC) between DEP and Reading. 2. Water will be provided to Rca&g at the prevailing rate for its rrietropolitan area communities. 3. MWRA agrees to work witli. and, support the Town of Reading in an expedited review to become a ful.l.y served MWRA, water comnzLu,ity. MWRA will provide technk,al assistance during this review. /7 4. MWR,A, is committed to expedited planning, design, and construction of distribution system irnprovoinents to improve system operability and reliability in the Northern Intermediate X3igh Service, Area that serves Reading, Kindly date and execute this amendment on the below signature line and retwu a fully executed copy to my attention. Sincerely, Fzoderick A. l;a.skcy, Executive Director Agreed to and accepted this ` day of 2006 Town of Read' g By: Peter. Hechenbleikner, Town Manager Duly Authorized / 'T I Page 1 of 1 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Monday, July 31, 2006 2:54 PM To: Reading - Selectmen Cc: Schena, Paula Subject: ACAC With the new bylaw we need to appoint an ACAC (Animal Control Appeals Committee). We have a. case that just happened so we need to get the ACAC appointed now. I am suggesting that the 3 member committee on an interim basis consist of: • A member of the Board of Health - David Singer has agreed to serve - he is an animal owner • A member of the Board of Selectmen • One other resident - it cannot be an employee We will then go through the proper posting of the posting by charter -15 day wait etc. We need a resident who is not an employee - any suggestions? Pete 7/31/2006 Page 1 of 1 Hechenbleikner, Peter From: Fiore, Jane Sent: Monday, July 31, 2006 11:37 AM To: Hechenbleikner, Peter Subject: ACAC 7/31 BOS mtg Peter, David Singer, DDM BON member is willing to sit on this committee Was on the BOH for the appeal last fall of the DiBiasi vs. Clay case 66 Prospect St 781-942-2746 ( C ) 781-771-4768 endoman47e-comcast. net Jane Jane M. Fiore, RN,CHO Health Services Administrator Town of Reading 16 Lowell Street Reading, MA 01867 781-942-9061 f781-942-9071 C)b 7/31/2006 Page 1 of 2 Hechenbleikner, Peter From: cleadyhse@comcast.net Sent: Monday, July 31, 2006 4:11 PM To: Reading - Selectmen Subject: Copy of a letter faxed to Town Manager today July 31 2006 31 Curtis St Reading, MA 01867 Peter Hechenbleikner, Town Manager Town Hall, Reading, MA 01867 July 31, 2006 RE: A matter of public safety Dear Sir: VIA CERTIFIED MAIL It was a pleasure to meet you on Friday at Town Hall. Your service to our town is appreciated. I come from a family with a tradition of public service and public safety: one of my brothers a Vietnam era Air Force veteran; four brothers are police officers; my, sister works with a US defense contractor and her two sons serve with the US Marines. I write to you today on a matter of public safety. My two year old son Colin was mauled by a vicious dog that attacked him in a town park behind the Joshua Eaton School on Monday July 24th. Colin suffered a serious injury. Bleeding and with extensive bruising, he was rushed to Winchester Hospital where he was treated in the emergency room for a deep wound. At 1:30 am on July 25th, I had to get back in touch with the ER when Colin showed signs. of infection: redness and severe swelling of his right hand and a temperature of 102 degrees. He remains under the care of doctors at Wilmington Pediatrics while undergoing treatment for his injury. Colin, along with his brother Christian (4) and Nicole (1) have been very traumatized by the attack. We expect Colin will have permanent scarring on his right hand as a result of this attack. Since several animals in Reading, according to the Town records, tested positive for Rabies in the past year, it has been an extremely stressful and difficult time for my family. The dog is registered to one Deborah DiBiase, 24 Cherry Lane Drive, Reading. It has now come to my attention that last year this dog was ordered to be put down by Town Health Administrator Jane Fiore, Animal Control officer Ron Burns and/or a member of the Town Board of Health. It appears from records obtained that the dog owner then hired an attorney, and appealed this decision. Thereafter, the Board of Health members overruled the prior decision of three Town employees ignoring the fact that the dog had a violent history. They allowed the dog to return to its owner's residence in close proximity to the Joshua Eaton School and adjacent park. They were apparently influenced by, among other things, the testimony of a dog psychologist hired by and paid a fee by the family to give a favorable statement on their dog at the appeal hearing. I am struck by the professional manner Jane Fiori and Ron Burns have dealt with me in the past week. However, I feel the Board that set this dog free made a grave and serious error. It don't want this 7/31/2006 1 Page 2 of 2 vicious animal released on Thursday August 3rd into a neighborhood populated by young children. I don't anticipate that Chief Cormier has the resources to have an officer patrol the area around the owner's home on an hourly basis, nor do I expect Ron Burns who works on a part time basis to have the time to deal with the oversight in this case clearly required because of past violations. Sir, I grew up on a farm surrounded by animals and dogs. My brothers, in the line of duty, have received commendations from animal welfare societies for their work on animal welfare matters. I am not an animal hater. However, a dog with a well documented vicious temper such as in this case should have been put down. The Town allowed him to be released, allowing him to cause serious and possible permanent injury to my child. I am herein documenting the fact that I object strenuously to the release of this dog to the owner once again. I do this on the basis that it is vicious, it is a danger to the public, and that the owner completely ignored the prior orders of the town as set forth in the agreement letter of October 31, 2005. I urge you to order it kept in its present holding facility until such time as your committee has rendered a decision on its faith. Failure to do so, and a subsequent attack by this dog may not only result in another serious injury or death to a child, but also potentially expose the town to a liability matter. Parents and young children will be put at risk.&nbs p; If the dog owner had the resources to hire an attorney and dog psychologist last year, she can surely then as a matter of public safety afford the additional kennel fees until the newly formed Committee renders a decision in this case. Because, I don't want to see another innocentchild or baby mauled, I am prepared to testify before a committee on the full details of the attack on my child by this vicious dog. Sincerely yours, Mr. Kieran C. O'Sullivan CC: Town of Reading Police Chief James Cormier Jane Fiori, Health, Administrator. Ron Burns, Animal Control Officer Via Email to selectmena.ci.readina.ma.us Members of the Board of Selectmen ^a . 7/31/2006 O(~, Page 1 of 1 Hechenbleikner, Peter From: Johnson, Cheryl Sent: Monday, July 31, 2006 4:24 PM To: Hechenbleikner, Peter Cc: LeLacheur, Bob Subject: RE: Oakland Road There was an instructional motion on May 4, 2006 that read: ARTICLE 3 - On instructional motion by Mark Dockser, precinct 1, it was moved to instruct the Board of Selectmen to report back to Town Meeting in regards to Article 13 of the November 14, 2005 Warrant of Subsequent Town Meeting regarding potential open space around Reading Memorial High School. Is this the Oakland Road motion? From: Hechenbleikner, Peter Sent: Monday, July 31, 2006 2:44 PM To: Johnson, Cheryl Subject: FW: Oakland Road Can you get me the instructional motion? Pete From: Camille Anthony [mailto:canthony@ftmc.net] Sent: Monday, July 31, 2006 2:00 PM To: Hechenbleikner, Peter Subject: Oakland Road Pete: Bill said I got a call from Russ Graham (on the message machine which he erased by mistake) who was very upset that we spoke about the Oakland Rd land last meeting. He said there was an instructional motion from Town Meeting and we weren't following its wishes. I have not spoken to Russ yet, but will call him. Could you let us know tonight what the instructional motion was? Thanks, Camille .Anthony 7/31/2006 023 OF R Town of Reading 16 Lowell Street r w Reading, MA 01867-2685 moo.. , j639' INCO&Y0 FAX: (781) 942-9070 Website: www.ci.reading.ma.us TOWN CLERK (781) 942-9050 ANNUAL TOWN MEETING' May 4, 2006 ARTICLE 3 - On instructional motion by Mark Dockser, Precinct 1, it was moved to instruct the Board of Selectmen to report back to Town Meeting in-regards to Article 13 of the November 141 2005 Warrant of Subsequent Town Meeting regarding potential open space around Reading Memorial High School. Motion carried. A true copy. Attest: Cheryl A. Johnson Town Clerk a~ FAX: (781) 942-9070 Website: www.ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867-2685 TOWN CLERK (781) 942-9050 SPECIAL TOWN MEETING March 3, 2003 ARTICLE 2 - On motion by William C. Brown, Precinct 8, it was moved to instruct the School Committee to, transfer care and custody and control of Lots 22, 23, 24, 34, 139 and that portion of Lot 35 which abuts Lot 34 on the southerly side of Oakland Road as shown on the Board of Assessors plate 123 to the Board of Selectmen for other municipal use and/or sale. Motion did not carry A true copy. Attest: Cheryl A. Johnson Town Clerk as 1 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9070 Website: wwwxi.reading.ma.us TOWN CLERK (781) 942-9050 ANNUAL TOWN MEETING April 28, 2003 ARTICLE 3 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was moved to instruct the Board of Selectmen to request the Governor to file Home Rule legislation authorizing the Town of Reading to incur debt for the renovation and construction of the Reading Memorial High School project for up to 30 years. Said debt was approved by the Reading Town Meeting under Chapter 44, Section 7(3) and 7 3(A) and Chapter 70 B of the General Laws on January 13, 2003, and excluded from the property tax levy limits of Chapter 59, Section 21 C in a Town wide election on February 25, 2003. Counted Vote Requested 157 voted in the affirmative 1 voted in the negative A true copy. Attest: ~'~Cheryl~ . Johnson Town 6 erk a6.