HomeMy WebLinkAbout2005-05-10 Board of Selectmen PacketPROCLAMATION
NATIONAL POLICE MEMORIAL WEEK
WHEREAS: Emergencies can occur at any time that require the police; and
WHEREAS: When an emergency occurs, the prompt response of Police Officers
is critical to the protection of life and preservation of property; and
WHEREAS: The safety of our Police Officers is dependent upon the quality and
accuracy of information obtained from citizens who telephone the
Reading Public Safety Communications Center; and
WHEREAS: Reading Police Officers are a crucial contact point between our
citizens and emergency services; and
WHEREAS: May 15th is National Peace Officers' Memorial Day honoring those
men and women who gave the ultimate sacrifice; and
WHEREAS: Police Officers of the Reading Police Department have contributed
substantially to the prevention of crime and the apprehension of
criminals, and play an essential role in safeguarding the rights and
freedoms of Reading citizens; and
WHEREAS: Members of the Reading Police Department exhibit compassion,
understanding and the highest standards of professionalism in the
performance of their jobs.
NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts
do hereby proclaim the week of May 15-May 21, 2005 as National Police
Memorial Week in honor of the men and women whose dedication and
professionalism keep our Town and citizens safe.
THE BOARD OF SELECTMEN
Richard W. Schubert, Chairman
Camille W. Anthony, Vice Chairman
Joseph G. Duffy, Secretary
James E. Bonazoli
Ben Tafoya
aa 0.
PROCLAMATION
V.F.W. POPPY WEEK
WHEREAS: Our community has a continuing sense of gratitude to those veterans who
did so much to preserve the American way of life; and
WHEREAS: The Veterans of Foreign Wars have worked exclusively for the welfare
of our veterans; and
WHEREAS: The Reading Post 685 of Veterans of Foreign Wars has been established
in Reading to carry on this work in our community; and
WHEREAS: The V.F.W. offers free assistance to our veterans and their families in many
ways and assists in medical, employment and other problems; and
WHEREAS: The V.F.W. meets emergency situations which may arise in the family
of a veteran.
NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do
hereby proclaim the week of May 22-28, 2005 as V.F.W. Poppy Week, and
urge the support of all citizens and organizations for that week.
THE BOARD OF SELECTMEN
Richard W. Schubert, Chairman
Camille W. Anthony, Vice Chairman
Joseph G. Duffy, Secretary
James E. Bonazoli
Ben Tafoya
,;L- W I %
VETERANS F FOREIGN S
READING POST 685
575 MAIN STREET
READING, MASSACHUSETTS 01867
April 8,2005
Town of Reading
Selectman's Office
C/O Town Manager
16 Lowell Street
Reading, MA 01867
Dear Town Manager,
The Veteran's of Foreign Wars, Post 685, Reading, -MA requests permission to hold- our
Annual "Buddy Poppy Drive" on May 22nd through May 28th 2005.
The drive is an annual drive for the Post. All donations on this drive will be used for
Hospital and Welfare work prescribed by the Veteran's of Foreign Wars National, State
and Local Post by-laws.
We would appreciate permission of the town to hold this fundraiser.
Please send, in letterfonn, an Authorization with your approval so we can put in on file.
For any reason you may need any further information in addition to the above please
contact the undersigned.
Sincerely,
Thomas Fennelly
Commander, VFW Post 685
575 Main Street
Reading, MA 01867
(781) 944-9720
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; J-2, 4.
. PROCLAMATION
MAY - NATIONAL PHYSICAL FITNESS MONTH
WHEREAS: Physical inactivity is a major health risk factor in this country today; and
WHEREAS: The percentage of overweight young people has more than tripled since 1980; and
WHEREAS: Nationally, one out of four children does not attend any school physical education
classes and only one of three participates in physical activity every day; and
WHEREAS: The nation's leadership recognizes that physical inactivity is a serious, nationwide
health problem; and
WHEREAS: Physical activity is necessary to support the normal growth in children, and is
essential to the continuing health and well being of youth and adults; and
WHEREAS: Physical activity reduces the risks of heart disease, high blood pressure, diabetes,
. chronic low back pain and certain types of cancers; and
WHEREAS: The 60 million school-aged children and youth across this great country have the
potential to acquire the knowledge, skills and values that can lead to a lifetime of
physical activity and healthy living.
NOW, THEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby
recognize the month of May as National Physical Fitness Month, and urge all
inhabitants to renew their commitment to make regular physical activity a part of
their lives and quality physical education programs a part of this community's schools.
BOARD OF SELECTMEN
Richard W. Schubert, Chairman
Camille W. Anthony, Vice Chairman
Joseph G. Duffy, Secretary
James E. Bonazoli
Ben Tafoya
,C ~ _
0
READING PUBLIC SCHOOLS
WELLNESS PROGRAM
,,Moving Towards ~ Wellness!"
Gary Nihan Wood End School
K-12 Coordinator 781-942-9136
To: Board of Selectman -Peter Heckenbleickner
From: Reading Public Schools - Wellness Education Staff
Re: May - National Physical Fitness Month - Proclamation
Date: April 25, 2005
Cc: Superintendent of Schools and School Committee
Below is a sample proclamation for recognizing the month of May as
National Physical Fitness Month. I will let the proclamation speak for
itself.
Thanks for your consideration
MAY- National Physical Fitness Month
Whereas, physical inactivity is a major health risk factor in this country today;
Whereas, the percentage of overweight young people has more than tripled since 1980;
Whereas, nationally, one out of four children does not attend any school physical
education classes and only one of three participates in physical activity every day;
Whereas, the nation's leadership recognizes that physical inactivity is a serious,
nationwide health problem;
Whereas, physical activity is necessary to support the normal growth in children, and is
essential to the continuing health and well-being of youth and adults;
Whereas, physical activity reduces the risks of heart disease, high blood pressture,
diabetes, chronic low back pain, and certain types of cancers;
Whereas, the 60 million school-aged children and youth across this great country have
the potential to acquire the knowledge, skills, and values that can lead to a lifetime of
physical activity and healthy living;
Therefore, be it resolved this Board - Reading Selectman urges all inhabitants of the
Town of Reading to recognize the month of MAY as National Physical Fitness Month
and to renew their commitment to make regular physical activity a part of their lives and
quality physical education programs a part of this community's schools.
2.3.5 Ad Hoc Master Plan Advisory Committee
There is hereby created an ad hoc Master Plan Advisory Committee which shall exist
until December 31, 2005, or until such earlier date the Master Plan Advisory Committee may
have completed its work.
The Master Plan Advisory Committee shall consist of fifteen (15) members appointed by
the Board of Selectmen for terms expiring April 30, 2004, or such earlier date that may be
determined. The Board of Selectmen may select the Chairman. In selecting the membership,
the Board of Selectmen shall attempt to fill the membership as follows:
1. One member recommended by the Reading Chamber of Commerce who is a resident of
Reading;
2. One member recommended by the Reading Housing Authority who is a resident of
Reading;
3. One member recommended by the Conservation Commission who is a resident of
Reading;
4. One member recommended by the Downtown Steering Committee who is a resident of
Reading;
5. One member recommended by the Eastern Middlesex Board of Realtors who is a resident
of Reading;
6. One member recommended by the Recreation Committee, who is a resident of Reading;
7. One member recommended by the Historical Commission, who is a resident of Reading;
8. Three members who are residents of the Town and who are not otherwise represented
among the previous membership categories listed in items 1, 2, and 3 above. If the Town
does not receive nominees for any of the above 3 "designated" positions (items 1, 2 and 3
above) by the time appointments are made, then the number of residents to be appointed
shall be increased from two to the number which, when combined with the nominations
made in 1, 2, and 3 above, equals a total of five;
9. All members of the Reading Community Development and Planning Commission
(CPDC);
10. One School Committee member or designee;
11. The Board of Selectmen shall designate one of their members to serve as a member of the
ad hoc Master Plan Advisory Committee.
The Master Plan Advisory Committee shall perform the following activities related to the
updating of the 1991 Master Plan for the Town of Reading:
♦ Review and understand the guidelines of the Department of Housing and Community
Development and Inter-Agency Working Group, and relevant State law regarding the
establishment of Master Plan Advisory Committees;
o Establish a program of public information to residents;
® In collaboration with the regional planning organization and consultant, MAPC, conduct
informational meetings, surveys and site walks as appropriate;
♦ Reach out to Town Departments and Boards/Committees/Commissions whose work may be
affected by the Master Plan;
♦ Prepare a Preliminary Report on their findings;
Submit the Preliminary Report to the Board of Selectmen and following review by the Board
of Selectmen, submit a Preliminary Report to MAPC and the Inter-Agency Working Group;
31>1
Conduct a public hearing on the results of the Preliminary Report;
♦ With staff and Town Counsel, develop a final report, maps and Warrant Article;
♦ Report to the Board of Selectmen and get feedback at key milestones in this process,
including prior to the development of the Preliminary Report.
Staff will be assigned to work with the ad hoc Master Plan Advisory Committee through
the Town Manager. The ad hoc Master Plan Advisory Committee will be considered to be part
of the Department of Community Services for administrative purposes.
Adopted 1128103, Revised 8124104, Revised 1111105
3 6z
Hechenbleikner, Peter
From: Schena, Paula
Sent: Friday, April 15, 2005 3:59 PM
To: Hechenbleikner, Peter
Subject: FW: Master Plan Advisory Com.
-----Original Message-----
From: Virginia Adams [mailto:adams59@rcn.com]
Sent: Friday, April 15, 2005 4:11 PM
To: Schena, Paula
Subject: Master Plan Advisory Com.
Paula,
The Historical Commission voted my appointment to the Master Plan
Advisory Committee on April 6th. Do I need an appointment slip from
someone to turn into the Town Clerk? I assume there is no need for an
interview since RHC made the appt. Thanks, Virginia
Moved:
That the Selectmen be hereby authorized on behalf of the Town
to enter into and to execute a Financial Assistance Agreement and a
Loan Agreement with the Massachusetts Water Resources
Authority (the "MWRA") and any other agreements as may be
deemed necessary in connection with the issue and sale of an interest
free loan in the aggregate principal amount of a $ 418,385 Sewer
Bond (the "Bond") to MWRA;
That the Bond is authorized pursuant to Chapter 44, Section 7(1) of
the General Laws, as amended and supplemented, authorized by a
vote duly adopted by the Town under Article 12 at the 2004 Annual
Town Meeting ($209,385), and $ 209,000 being a portion of the
$209,835 authorized by a vote duly adopted by the Town under
Article 10 at the Subsequent Town Meeting held on November 8,
2004; that it shall be an interest free loan in the aggregate principal
amount of $ 418,835, shall be dated as of its date of issue; and shall
be payable in the amount of $ 83,677 on May 15 in each of the years
2006 to 2010 inclusive.
14200
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i
LEGALNOTICE
OF
OF. READING., ~
To t_he'.Inhabitants of the
Town' of;Reading: 1
Please. -,take notice that the
Board of.Selectmen. 0f thA.Town ,
of Reading will hold the !
following public hearings. on-
1
May 10,1605 in the Tuesday, . l
Selectmen's. meeting. Room, 1.6
Lowell' Street, Reading,.
Massachusetts:
C. lass ification and
Compensation Plan - .:FY 2005
and. FY 2006'. i
• Establish a Health
Insurance Task Force
. 9.00 p':rn.
All interested parties may
appear in person, may submit
their comments. in, writing, or
may email townmanagerG
ci.reading.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
5/3
Ll / -
5-6-05
Classification and Compensation Plan - FY 2005 and FY 2006
The Board of Selectmen has the responsibility for adopting the Town's Classification and Compensation
Plans for non-union employees. There are a number of proposed changes that need to be discussed. Currently
there are 111 non-union employees in sixty-six different job titles on the Classification Plan. Attached is a
current FY 05 Classification Plan, DRAFT FY05 Classification Plan, DRAFT FY06 Classification Plan and
DRAFT FY06 Compensation Plan.
On the DRAFT FY05 Classification Plan, we are recommending moving School Crossing Guards from
Grade 1 to Grade 2. In May 2004, the School Crossing Guards formed a union and in September 2004, we
began negotiations. In April 2005, at the request of the Crossing Guards, the Massachusetts Laborers' District
Council withdrew from being their agent. The change in grade represents the financial offer the Town made to
the School Crossing Guards based on a study of the compensation for that position in comparable communities.
Also on the DRAFT for FY05 is the addition of four job titles, Assistant Treasurer, Assistant Collector,
Treasurer/Collector and Assistant Town Manager/Finance Director, which is the result of the reorganization of
the Finance Department due to the retirement of the current Finance Director.
The changes on the DRAFT FY06 Classification Plan are based on a Pay and Classification Study. The
Pay and Classification Study is a process that is completed every two years and involves reviewing each non-
union position internally and externally.
■ Internally: Non-union employees reviewed and recommended changes to the job description for their
position. Any changes were approved by the Department Head and then forwarded to the Human Resources
Division. Each revised job description was rated in accordance with the Municipal Position Rating Manual.
• External: Salary surveys were sent to thirteen comparable communities. Ten communities responded to the
salary survey, supplying the following information for the non-union positions: hours worked per year,
salary range, actual salary, and other compensation.
When implementing the Pay and Class Study we placed the following restrictions on the results:
• When a position is moving up one grade, an employee in that position would move up one grade and back
one step. The result of that is a 5% cap on an increase due to a grade change.
• If the study shows that a position should be changed two or more grades, the position only changes one
grade per fiscal year. In the study, three positions showed a change of two grades. The Recreation Program
Coordinator showed a change from Grade 5 to 7, Veterans' Service Officer from Grade 6 to 8, and Library
Division Head-Circulation from Grade 9 to 11. We are recommending one grade change in FY06 and will
address the other grade change in the FY07 budget process.
• The cost of the implementation of this study is approximately $15,631. Any employee in a position with a
grade change would still be required to have a satisfactory performance evaluation as part of the step
movement program.
Y16 I
Based on the Pay and Classification Study we are recommending the following changes:
Position.
Current
Proposed
Position
Current
Proposed
Grade
Grade
Grade
Grade
FY06
FY06
Cell Monitors
2
3
Office Manager
10
11
Recreation Program
5
6
Human Resources
13
14
Coordinator
Administrator
Veterans Agent (change title
6
7
Assistant Fire Chief
15
16
to Veterans' Service Officer
(vacant)
Animal Control Officer
7
8
Town Engineer
16
17
Library Division Head-
9
10
Circulation
The other recommended changes on the FY06 Classification Plan include eliminating the following job
titles:
Position
Current
Grade
Tobacco Control Coordinator
10
Vacant position
Assistant Treasurer Collector
11
Due to reorganization of Finance Department
Assistant Town Manager
14
Combined with Finance Director
Finance Director
18
Combined with Assistant Town Manager
The attached DRAFT FY06 Compensation Plan represents a 2% cost of living adjustment (COLA) and
was used in creating the budget for FY06.
Y6 Z
TOWN OF READING, MASSACHUSETTS
FY 2005 CLASSIFICATION PLAN - SCHEDULE A-1
Grade 1
Recording Secretary
Grade 2
Library Technician
Grade 3
Senior Library Technician
Grade 4
Clerk
Parking Enforcement Officer
Grade 5
Administrative Secretary
Technical Secretary
Grade 6
Administrative Assistant
Veterans Agent*
Grade 7
Plumbing/Gas Inspector
Animal Control Officer
Grade 8
Social Worker
Grade 9
Sealer Weights/Measures
Grade 10
Assistant Appraiser
Head Public Safety Dispatcher
Health Inspector .
Grade 11
Assistant Treasurer Collector*
Library Division Head-Information
Services*
Grade 12
Public Health Nurse
Grade 13
Assistant Library Director*
Town Clerk*
Elder/Human Services Administrator*
GIS Technician*
Grade 14
Assistant Town Manager*
Forestry, Parks and Cemetery
Supervisor
Grade 15
Appraiser*
Town Planner*
Grade 16
Library Director*
Grade 17
Town Accountant*
Grade 18
Finance Director*
Grade 19
Fire Chief*
Grade 20
Approved 5-25-04
Revised 10-26-04
School' Crossing Guard
Cell Monitor/Matron
Van Driver
Library Associate Fire Alarm Groundman
Senior Library Associate Recreation Program Coordinator
Nutrition Program Coordinator
Coordinator of Volunteers Fire Alarm Lineman
Wiring Inspector Zoning Enforcement Officer
Librarian Library Division Head-Circulation`
Office Manager Tobacco Control Coordinator
Retirement Board Admin/Assist.
Town Accountant*
Conservation Administrator* Library Division Head-Children's Services*
Library Division Head-Technical Assistant Building Inspector
Services*
Highway/Equipment Supervisor Human Resources Administrator*
Network Support Technician* Water/Sewer Supervisor
Recreation Administrator* DPW Business Administrator*
Building Inspector* Health Services Administrator*
Assistant Fire Chief* Technology Coordinator*
Water Treatment Plant Supervisor
Town Engineer*
Police Chief* Public Works Director*
*Exempt employees who are exempt from pay for overtime.
Note: All positions are exempt from longevity. ljb'~
TOWN OF READING, MASSACHUSETTS
FY 2005 CLASSIFICATION PLAN - SCHEDULE A-1 DRAFT
Grade 1
Recording Secretary
Grade 2
Library Technician
Cell Monitor/Matron
School Crossing Guard
Grade 3
Senior Library Technician
Van Driver
Grade 4
Clerk
Library Associate
Fire Alarm Groundman
Parking Enforcement Officer
Grade 5
Administrative Secretary
Senior Library Associate
Recreation Program Coordinator
Technical Secretary
Nutrition Program Coordinator
Grade 6
Administrative Assistant
Coordinator of Volunteers
Fire Alarm Lineman
Veterans Agent*
Grade 7
Plumbing/Gas Inspector
Wiring Inspector
Zoning Enforcement Officer
Animal Control Officer
Grade 8
Social Worker
Grade 9
Sealer Weights/Measures
Librarian
Library Division Head-Circulation*
Assistant Treasurer
Assistant Collector
Grade 10
Assistant Appraiser
Office Manager
Tobacco Control Coordinator
Head Public Safety Dispatcher
Retirement Board Admin/Assist.
Health Inspector
Town Accountants`
Grade 11
Assistant Treasurer Collector*
Conservation Administrator*
Library Division Head-Children's Services*
Library Division Head-Information
Library Division Head-Technical
Assistant Building Inspector
Services*
Services*
Grade 12
Public Health Nurse
Grade 13
Assistant Library Director*
Highway/Equipment Supervisor
Human Resources Administrator*
Town Clerk*
Network Support Technician*
Water/Sewer Supervisor
Elder/Human Services Administrators`
Recreation Administrator*
DPW Business Administrator*
GIS Technician*
Grade 14
Assistant Town Manager*
Building Inspector*
Health Services Administrator*
Forestry, Parks and Cemetery
Supervisor
Grade 15
Appraiser*
Assistant Fire Chief"
Technology Coordinators`
Town Planner*
Water Treatment Plant Supervisor
Treasurer/Collector*
Grade 16
Library Director"
Town Engineers`
Grade 17
Town Accountant*
Grade 18
Finance Director*
Assistant Town Manager/Finance
Director*
Grade 19
Fire Chief"
Police Chief*
Public Works Director*
Grade 20
Approved 5-25-04
*Exempt employees who are exempt from
pay for overtime.
Revised 10-26-04
Note: All positions are exempt from longevity.
Af b V
FY 2006 CLASSIFICATION PLAN SCHEDULE A-1 DL:11
Grade 1
Recording Secretary
Grade 2
Library Technician
Grade 3
Senior Library Technician
Grade 4
Cleric
Parking Enforcement Officer
Grade 5
Administrative Secretary
Technical Secretary
Grade 6
Administrative Assistant
Grade 7
Plumbing/Gas Inspector
n al GopAfel Office
Grade 8
Social Worker
Grade 9
Sealer Weights/Measures
Assistant Treasurer
Grade 10
Assistant Appraiser
Head Public Safety Dispatcher
Health Inspector
Grade 11
Assistant Treasurer- Gofleraterr-*
Library Division Head-Information
Services*
Office Manager
Grade 12
Public Health Nurse
Grade 13
Assistant Library Director*
Town Clerk*
Elder/Human Services Administrator*
GIS Technician*
Grade 14
Assistant Tom Manager-*
Forestry, Parks and Cemetery
Supervisor
Grade 15
Appraiser"
Town Planner*
Grade 16
Library Director*
Grade 17
Town Accountant*
Grade 18
Fit ~ ee Direc+,.r4~
Grade 19 Fire Chiefs`
Grade 20
Cell MeniteFAilatra
Van Driver
Library Associate
Senior Library Associate
Nutrition Program Coordinator
Coordinator of Volunteers
Wiring Inspector
Veterans' Service Officer*
Animal Control Officer
Librarian
Assistant Collector
Off"Maiiagef
Retirement Board Admin/Assist.
Town Accountant*
Conservation Administrator*
Library Division Head-Technical
Services*
Highway/Equipment Supervisor
Network Support Technicians`
Recreation Administrator*
Building Inspector*
Assistant Fife GhieP
Water Treatment Plant Supervisor
Tevu% Engineer-*
Town Engineer*
Assistant Town Manager/Finance
Director*
Police Chief*
School Crossing Guard
Cell Monitor/Matron
Fire Alarm Groundman
Fire Alarm Lineman
Recreation Program Coordinator
Zoning Enforcement Officer
Library Divisien Head Gir-eulafien*
Tobaeoo Control Goe -dinat^.-
Library Division Head-Circulation*
Library Division Head-Children's Services*
Assistant Building Inspector
Water/Sewer Supervisor
DPW Business Administrator"
Health Services Administrator*
Human Resources Administrator*
Technology Coordinator`
Treasurer/Collector*
Assistant Fire Chief*
Public Works Director*
"Exempt employees who are exempt from pay for overtime.
Note: All positions are exempt from longevity.
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Town of Reading
16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
TOWN MANAGER
(781) 942-9043
MEMORANDUM
DATE: May 2, 2005
TO: Board of Selectmen
FROM: Peter Hechenbleikner
RE: . RCTV Agreement
On April 22, 2005, Marcel Dubois, President of RCTV and I signed the Agreement between the
Town of Reading and RCTV regarding the Community Access Corporation.
As you may recall, this Agreement was previously negotiated last October, but then the Board
of Selectmen and RCTV agreed to operate on the premises of this agreement but not sign it until
they had met certain requirements. I am happy to report that all of those requirements have been
met the most recent one being the establishment of goals. A copy of their goal statement is
attached.
I have consulted with the Chairman of the Technology and Telecommunications Advisory
Committee and he is satisfied that all the requirements have been met.
Based on the above, I will release the remaining amount of the Comcast's annual payment that
we have been paying monthly to RCTV. With regard to the payment from Comcast for capital
improvements, I suggested that we hold that check until RCTV comes up with their Capital
Improvements Program for these expenditures.
Also attached is a copy of the letter dated April 22, 2005 £~om Marcel Dubois outlining the
circumstance in which they may want to amend Paragraph 6.1 of the Agreement. There is
time to address this situation as the end of the lease becomes closer.
L/CI'
2.
Representatives from RCTV will be at the Board of Selectmen's Meeting on May I Oth to
acknowledge this milestone and to discuss the April 22°a letter.
I would like to commend Marcel Dubois, the Chairman of the RCTV Board of Directors as
well as the Board and staff. They have worked very hard to get to this point and they are to be
commended for this.
PIH:lm
Attachments
CZ
q .
To: TTAC
From: RCTV Board of Directors
Date: April 12, 2005
Re: BOD Goals Outline
3 Month Goals
❑ Fill open position on BOD
❑ Review and update RCTV Bylaws
❑ Approve a three-year Capital Plan
❑ Establish fund raising strategies
❑ Revisit RCTV Mission Statement
❑ Establish a Strategic Planning committee
❑ Adopt an RCTV-BOD code-of-ethics policy
❑ Work with Town and TTAC on Verizon contract
6 Month Goals
❑ Conduct a self-performance review of the RCTV BOD
❑ Review E.D. performance
❑ Establish goals for ED
❑ Approve RCTV Policy & Procedures Manual
12 Month Goals
❑ Approve RCTV Employee handbook
❑ Meet fund raising goals
❑ Complete BOD Strategic Plan
❑ Examine options for future home for RCTV
❑ Conduct Community survey to better understand programming expectations
q C,3 V
. w
Board of Selectmen
16 Lowell Street
Town of Reading
Reading, MA 01867
Attention: Rick Schubert, Chairman
RE: RCTV Agreement
Dear Chairman Schubert,
April 22, 2005
At the April 12 meeting of the RCTV Board of Directors, it was voted 7-0 to request language be
added to paragraph 6.1 of the current Agreement that, with permission of the Board of
Selectmen, the assets of RCTV could be pledged for the purpose of securing a loan. The present
Agreement does not provide for this and we would appreciate the Board giving it consideration.
Quoting from the RCTV Board Meeting's minutes, I believe explains our reasons for the request.
"Discussion was held regarding a number of factors that may impact the future operation of
RCTV. At this point there is no assurance of RCTV being able to stay at its present location at
224 Ash Street. When the lease with RMLD expires, it may be necessary for RCTV to find new
space. RMLD may need the 224 Ash Street location for its own operation. Adequate rental
space will in all probability be more costly and necessitate a greater outlay of cash. The town
has need for an art and cultural center and it may be possible for several organizations to work
together in purchasing or renting and sharing the space.
Another concern expressed was the uncertainty of the impact of Verizon's negotiations with the
Town of Reading. There is no assurance at this point that Verizon will assist RCTV with the
space issue. Board members expressed concern about the continued operation and that there may
be need for a loan to carry us over until sources and amount of funding is known. As a
precautionary measure, RCTV Board Members supported seeking a loan only if necessary and
only with the support of the Board of Selectmen."
I hope you and the Board of Selectmen can identify with our concerns and act favorably on our
request.
224 ASH STREET
READING, MA 01867
M el A. ubois
TELEPHONE:
781-944-8888
Ch irman - RCTV Board of Directors
FAX:
781-944-3311
cc:
Peter I. Hechenbleikner
WEB:
WWW.RCTV.ORG
RCTV Board of Directors / ~
Phil Rushworth "7
E-MAIL:
INFO@RCTV.O RG
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV,
DESIGNATING RCTV AS THE
COMMUNITY ACCESS CORPORATION
This agreement dated this 22 day of April 2005, by and between the Town of Reading
with it's offices at Town Hall, 16 Lowell Street, Reading Massachusetts (the "Town"),
and RCTV , through it's Board of Directors, with it's offices at 224 Ash Street, Reading
Massachusetts ("RCTV"), who agree as follows:
In consideration of the mutual promises and covenants set forth herein, the parties agree
as follows:
1 Designation of Community Access Corporation
RCTV is hereby designated by the Town as Reading's Community Access
Corporation.. By virtue of this agreement RCTV is the designated P.E.G.
(Public, Education, and Government) Access Corporation for the Town of
Reading, MA.
2 Agreement Period
2.1. Agreement Period - The initial Agreement period between the Town of
Reading and RCTV shall expire on November 23, . 2008, coterminous with the
expiration of the franchise agreement between the Town of Reading and Comcast
or it's successors and assigns. Following it's expiration, the Agreement may be
extended at the sole option of the Town for a period of up to six months after the
expiration of the franchise agreement with Comcast, under the same terms and
conditions of this initial Agreement or such terms and conditions as mutually
agreed upon.. During the six-month period of extension, the Agreement may be
terminated by the Town at any time with thirty (30) days notice to RCTV. If
funding from Comcast or its successors and assigns is decreased, service may be
diminished.
3 Performance Review
3.1. Performance Review - No earlier than Jan. 15t and no later than March 1 st
of each year, beginning January 1, 2005, an annual review of RCTV's technical
performance will be conducted by the Reading Telecommunications and
Technology Advisory Committee ("TTAC"). The results of this evaluation shall
be presented by TTAC at a joint meeting of the Reading Board of Selectmen and
the RCTV Board of Directors. The performance of RCTV will be measured using
conformance with respect to all aspects of this Agreement, accomplishment of
prior year's goals, and establishment of goals for the next year. A written report
of the review shall be completed within sixty days of the completion of the
review, and will be filed with the Town Clerk's office.
3.2. If the incumbent community Access Corporation (RCTV) is in material
breach of terms of this Agreement and the service level agreement„ the Board of
Selectmen may remove RCTV as the designated local access provider.
C,s.
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS
4/22/05
4 Budget and Audit
4.1. Budget - RCTV's budget shall be made available to the Board of
Selectmen within 15 days of the beginning of RCTV's Fiscal Year (November 1),
and the audited fiscal report of the access corporation will be made available to
the Board of Selectmen when completed but no later than January 31 following
the end of the fiscal year. Reasonable requests by the Town for further financial
information will be complied with on a timely basis.
5 RCTV Board of Directors
5.1. RCTV will, in accordance with its duly adopted bylaws, establish the
membership and a qualification of it's Board of Directors. Said bylaws shall not
permit a Board of Directors in excess of 9 in number. The Bylaws addressing
Board of Director's membership shall include language providing for Town
representation as hereinafter provided.
5.2. Town representation on RCTV Board - The Town shall have fall
membership on the RCTV Board of Directors as provided below:
The Board of Selectmen shall appoint one member, and the School Committee
shall appoint one member. If, within 30 days of the vacancy the School
Committee has not appointed it's member, then the Board of Selectmen shall
appoint that member also.
All members appointed as Town Representatives shall be fully voting members
and shall have all of the rights of all other members of the RCTV Board of
Directors.
5.3. Removal of Town member of RCTV Board - The appointing authority
(Board of Selectmen or School Committee) shall have removal authority over its
appointees. If the RCTV Board of Directors has concerns. about a Town
appointee to the RCTV Board, it will notify'the Appointing Authority of such
concerns. At no time may an election to the RCTV Board of Directors result in a
majority of the RCTV Board of Directors being non-residents of the Town of
Reading, MA.
5.4. Meetinis with the Board of Selectmen When requested to do so by the
Board of Selectmen, and upon reasonable notice, the RCTV Board shall meet
with the Board of Selectmen to discuss any matters of mutual concern regarding
Cable TV issues in the community.
6 Assets
6.1. Assets from Comcast et al. All assets of RCTV are the property of
RCTV. Notwithstanding this statement, assets acquired by RCTV through
funding from the Town's cable television franchisee, including Comcast and its
predecessors, successors , and/or assigns, pursuant to the Town's cable television
franchise agreement(s), shall not be pledged to any creditor as an asset of RCTV
or used as collateral to secure any debt authorization incurred by RCTV or to be
incurred by RCTV. RCTV may trade-in capital equipment in order to upgrade
such equipment in order to fulfill its duties under this Agreement, as well as its
corporate purposes.
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION / ~
4/22/05 L
6.2. Separate accountinE of assets. RCTV shall keep such assets acquired as
described in section 6.1 of this Agreement separate from assets acquired from.
other sources. A listing of the assets segregated as described above shall be
submitted to the Board of Selectmen at the same time as the annual operating
budget is submitted.
6.3 Assets acquired through donation. Any assets acquired by RCTV
through donation or otherwise from sources other than through the cable TV
franchisee as outlined above, are not subject to the prohibitions in paragraph 6.1.
Further, if upon the donation of assets another method of disposition other than
that outlined in paragraph 6.4. is specified, then such method of disposition shall
control.
6.4.. Disposition of assets: RCTV shall include in it's bylaws language that
provides that upon termination (including expiration of this Agreement) of the
agreement between the Town of Reading and RCTV, or upon dissolution of
RCTV for whatever reason, that all assets remaining under the control of the
RCTV Board of Directors shall be assigned to a successor community access
corporation designated by the Board of Selectmen, in accordance with existing
laws of the Commonwealth of Massachusetts. In absence of such a designated
community access corporation, within 1 month of termination and/or dissolution,
the assets will become the property of the Town of Reading.
7 Duty of RCTV to Televise Meetings
7.1. Requirement for coverage. At a minimum, RCTV shall cover all
Reading Board of Selectmen, Reading School Committee, and Reading Town
Meetings live when technically possible. Other requested government meetings
shall be taped with support of sponsors, to cover costs.
72. The Town of Reading shall inform RCTV in advance of all meeting
schedules for the bodies identified in paragraph 7.1 in writing.
7_1 Reservation or checkout of equipment for events covered by volunteers
will be on a first-come, first-served basis.
8 Town's Obligations
81. The Town of Reading shall have the following obligations to RCTV for
the term of this Agreement:
8.1.1. Money designated in the Cable contract for local access will be delivered
to RCTV in the most expeditious manner possible.
8.1.2. The Board of Selectmen will provide feedback from the annual review in
. writing, as provided in section 3.1 of this agreement.
8.1.3. The Board of Selectmen will provide timely notification of issues or
problems as they arise, so that RCTV may address these issues or
problems prior to their annual performance evaluation.
8.1.4. The Board of Selectmen will provide RCTV advocacy with the cable
provider, on issues related to the community access corporation.
8.1.5. The Town of Reading will provide RCTV with necessary information on
government meetings and bulletin board communication in writing in a
timely manner.
AGREEMENT BETWEEN THE
4/22/05
TION
8.1.6. The Town of Reading may require live coverage only where there is I=
loop availability.
8.1.7. The Board of Selectmen will pursue additional funding for RCTV on a
best-effort basis.
9 Training and Instruction
9.1. Studio Training. Each quarter RCTV shall offer and run not less than
one basic PEG Access education course for training members and the public in
basic TV production. Said course is a pre-requisite of all other courses. In
addition, at a minimum RCTV shall offer and run each quarter, in addition to the
Basic PEG course, training courses in the areas of camera operation, lighting,
sound production, editing, directing, on-air talent,, television production, and
others as needed. A minimum of two of these courses shall be offered each
quarter.
If more than three courses as specified herein are requested by the members or the
public, and the classes can be adequately populated (more than two individuals),
RCTV shall make a good faith effort to provide this additional training.
9.2. School System Instruction. Separate from training as required in
paragraph9.1, RCTV will provide an instructor to teach a minimum of one course
per year at Reading Memorial High School, or other Reading school if mutually
agreed upon by RCTV and the School Department. The Reading School
Department shall provide an adequate classroom for providing said instruction.
The time of the class shall be mutually agreed upon by both parties: however said
class shall be conducted during normal class times on a repetitive schedule (same
class time each. day). The object of the course shall range from teaching the
technical aspects of camera operation to production of television grade programs
(at a quality level to air on the local PEG access station). A minimum of two
weeks prior to the start of the course, the instructor shall develop a curriculum
guide and submit it to the principal or appropriate authority for approval.
The curriculum shall be developed and may be revised on an as needed basis for
the School Department and RCTV's needs. Said curriculum may include all
aspects of television production from camera operation, lighting, sound
production, editing, directing, on-air talent, and television production. The
curriculum guide shall be updated annually to keep up with changes in the
industry, technology, and methodologies and also to reflect support for the
mission and expectations of Reading Memorial High School.
If a basic training class is run one semester and the students who took the course
would like a more advanced class, said class shall be provided as mutually agreed
upon by the School Department and RCTV. There shall be agreement on a
minimum and maximum number of students per class. RCTV will make a good
faith effort to provide an instructor for additional classes.
10 Law and Copyright
RCTV shall abide by all applicable laws, rules, and regulations of the United
States of America, the Commonwealth of Massachusetts, and the Town of
Reading, including those related to copyright law. The parties recognize that
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION
4/22/05
RCTV has the obligation to broadcast programming that is not produced by
RCTV. Therefore, RCTV shall not be held responsible for violations of copyright
law for programming that it has not produced.
11 Duty to broadcast
All shows produced at RCTV shall be allowed to be shown on the local cable
stations at least once.
12 Insurance
12.1 Proof of Insurance. Within five days after the award of this contract, and
prior to the commencement of any work activity, RCTV shall submit to the Town
Manager of the Town of Reading certificates of insurance clearly stating that the
insurance policies required in the following paragraphs have been issued to RCTV.
The certificate must be in a standard insurance form by a company licensed to do
business in the Commonwealth of Massachusetts, and shall be in a form satisfactory
to the Town Manager. For the duration of this contract, evidence of such coverage
shall be filed with the Town Manager. Liability policies shall name, in addition to
any other, the Town as an additional insured.
12.2 Workers Compensation. RCTV shall, before commencing the contract,
provide insurance for the payment of compensation, and the furnishing of other
benefits, as required by Massachusetts General Laws chapter 152 to all persons
employed under the contract, and shall continue such insurance in force and effect
during the term thereof. Statutory limits shall apply.
12.3 Comprehensive General Liability Insurance. RCTV shall carry Public
Liability Insurance with an insurance company satisfactory to the Town so as to
save the Town harmless from any and all claims for damages arising out of bodily
injury or destruction of property caused by accident resulting from the use of
implements, equipment or labor used in the performance of this agreement or
from any neglect, default or omission or want of proper care or misconduct on the
part of RCTV, its employees, agents or subcontractors in its employ during the
execution of the work. Minimum coverage shall be as follows:
12.3.1 Liability for bodily i aM including accidental death: The following
minimum limits shall apply:
$500,000 for any one person. Subject to the limit for each person.
$1,000,000 on account of one accident.
12.3.2 Liability for property damage.-The following minimum limits shall
apply:
$1,000,000 on account of any one accident
$1,000,000 on account of all accidents.
12.3.3 Automobile Liability Insurance. In the event that RCTV owns or
leases a vehicle, it shall procure and maintain, during the life of this contract,
Comprehensive Automobile Liability Insurance, including all owned, non-
owned, and hired automobiles, covering bodily injury, including accidental
death, with limits of $1,000,000 per person, $1,000,000 per occurrence and
property damage insurance with limits of $1,000,000 per occurrence.
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION
4/22/05 G
I. Y
12.4 Notice of Cancellation RCTV shall not cancel, change or revise any insurance
relating to this contract without at least 30 days prior written notice to the Town
Manager. Prior to the effective date of such cancellation, RCTV shall take out new
insurance to cover the policies so canceled and shall provide certificates stating that
such insurance is in effect.
12,5 The Town. shall be named as the loss payee for all damaged or lost
equipment that is owned by the Town of Reading.
13 Indemnification
13.1 RCTV agrees to save, defend, indemnify and hold harmless the Town of
Reading against any and all suits, claims, or liabilities of every name, nature or
description arising out of or in consequence of the acts of its agents, servants or
employees, in the performance of the obligations under this Agreement or by reason
of its failure to fully comply with the terms of this Agreement, such indemnity to run
to the Town's officers, agents and employees.
RCTV is at all times an independent contractor and not an agent or employee of the
Town. No act of commission or omission by either party shall make the other a
principal, agent, joint venture, partner or employee of the other.
13.2 Subject to the limitations of Massachusetts General Laws Chapter 258 and
any other legal limitation, the Town will hold RCTV harmless and will indemnify
RCTV against any loss, claim, damage or liability arising out of or resulting from
the acts of the Town's agents, servants, or employees in performance of its
obligations under this agreement.
14 Non-assignment
14.1 Neither this Agreement nor any interest herein shall be assigned,
transferred, or sub-contracted by RCTV, except as expressly authorized in
writing by the Town through its Board of Selectmen, which consent may
be withheld in the sole and absolute discretion of the Town.
Dated this 22 day of April 2005
Vore 7atof Selectmen for
Town Manager 1
AGREEMENT BETWEEN THE TOWN OF READING AND RCTV RE COMMUNITY ACCESS CORPORATION •
4/22/05 qCJ D
6:DTv
Board of Selectmen
16 Lowell Street
Town of Reading
Reading, MA 01867
Attention: Rick Schubert, Chairman
RE: RCTV Agreement
Dear Chairman Schubert,
April 22, 2005
At the April 12 meeting of the RCTV Board of Directors, it was voted 7-0 to request language be
added to paragraph 6.1 of the current Agreement that, with permission of the Board of
Selectmen, the assets of RCTV could be pledged for the purpose of securing a loan. The present
Agreement does not provide for this and we would appreciate the Board giving it consideration.
Quoting from the RCTV Board Meeting's minutes, I believe explains our reasons for the request.
"Discussion was held regarding a number of factors that may impact the future operation of
RCTV. At this point there is no assurance of RCTV being able to stay at its present location at
224 Ash Street. When the lease with R ALD expires, it may be necessary for RCTV to find new
space. RMLD may need the 224 Ash Street location for its own operation. Adequate rental
space will in all probability be more costly and necessitate a greater outlay of cash. The town
has need for an art and cultural center and it may be possible for several organizations to work.
together in purchasing or renting and sharing the space.
Another concern expressed was the uncertainty of the impact of Verizon's negotiations with the
Town of Reading. There is no assurance at this point that Verizon will assist RCTV with the
space issue. Board members expressed concern about the continued operation and that there may
be need for a loan to carry us over until sources and amount of funding is known. As a
precautionary measure, RCTV Board Members supported seeking a loan only if necessary and
only with the support of the Board of Selectmen."
I hope you and the Board of Selectmen can identify with our concerns and act favorably on our
request.
224 ASH STREET
READING, MA 01867
Mal. el A. ubois
TELEPHONE:
Ch irman - RCTV Board of Directors
781-944-8888
FAX:
781-944-3311
cc:
Peter I. Hechenbleikner
WEB:
q
RCTV Board of Directors
1
WWW.RCTV.ORG
C
1
Phil Rushworth
E-MAIL.
~V~r
INFO@RCTV.ORG
ti
I
LEGAL NOTICE
.TOWN Q.F.READ.ING
To the inhabitants of the
Town of.:Reading: i
Please-;take notice. that the
Board of Selectmen. of the..Town
of Reading will hold the
following public hearings. on.
Tuesday, May: 'I.09 20 . in 'the.
Selectmen's. Meeting :Room, 16
Lowell Stre.et,. Reading,.
Massachusetts:
Classification. and
Compensation Plan - ;FY 2005
and: FY 2006.
8:15: p.i;n.
• Establish a Healt
I
Insurance Task Force
9.00 p:m.
All interested parties may,
appear in person, may submit
their comments. in. writing, or
may email townmariager@
ci.reading.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
5/3
Town of Reading
16 Lowell Street
Reading; MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: May 6, 2005
RE: Establish a Health Insurance Task Force
TOWN MANAGER
(781) 942-9043
Information on this agenda item will be supplied to the Board prior to your meeting on Tuesday
night.
q r04 A
Town of Reading
16 Lowell Street
Reading; MA 01867-2685
FAX: (781) 942-9071
Email: townmanager&i.reading.mams
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleilmer
DATE: May 6, 2005
RE: Finalize Town Position - MWRA Purchase
TOWN MANAGER
(781) 942-9043
Information on this agenda item will be supplied to the Board prior to your meeting on Tuesday
night.
V 4F
Town of Reading
16 Lowell Street
Reading; MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
MEMORANDUM
TO: Board of Selectmen
FROM: Peter I. Hechenbleilmer
DATE: May 6, 2005
RE: Establishment of a Veteran's District
TOWN MANAGER
(781) 942-9043
Information on this agenda item will be supplied to the Board prior to your meeting on Tuesday
night.
Board of Selectmen Meeting
April 19, 2005
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 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille
Anthony, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Public Works
Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and the following
list of interested parties: Bill Brown, Mary Ellen O'Neill, Steve Lewis, Adam Berger, Bob
Brown, Peter Tassi, Kerry Mackin.
Reports and Comments
Selectmen's Liaison Reports and Comments - There were no reports.
Public Comment - Bill Brown noted that there are two court documents that state we cannot do
Article 2 of the 2005 Annual Town Meeting Warrant because it is considered a tax and not a fee.
The Town Manager noted that Engineering is spending a lot of time on storm water management
because it is mandated. He will have Town Counsel look at Bill's letter.
Mary Ellen O'Neill presented an Aquatics Advisory Board update. She noted that the Town is
already in its seventh year of the agreement. She also noted that Summer swim is in July and
August. The open swim is a minimum of two lanes with one lane abutting the wall. The
Reading Recreation Summer Camp uses the pool two hours Monday through Friday. The free
eight week Learn to Swim Program for kindergarten students is only utilized by 29% of them.
Vice Chairman Camille Anthony indicated that she would like to know why there isn't more
participation in this program.
Chairman Richard Schubert asked if the Summer open swim is free. Mary Ellen O'Neill noted
that it is $3.00 per child or $7.00 per family.
The Town Manager noted that he has suggested to the YMCA that we need to start thinking
about what to do when the agreement has ended.
Town Manager's Report
The Town Manager gave the following report:
♦ The Boston Globe article of last Sunday indicated that Reading was among 14 communities
that were audited and would not receive full reimbursement for school projects. Please see
the attached memo from the Finance Director and Town Accountant explaining the audit -
which was from April 2004 - and the impact. Unlike some of the other communities sited,
Reading did not/will not receive full reimbursement because of technical issues, not issues of
inappropriate spending.
SA
Board of Selectmen Meeting - April 19, 2005 - Page 2
♦ We have submitted a reimbursement request to FEMA for over $215,000 in Town costs for
snow/ice control for the January, 2005 blizzard. The reimbursement will be for 75% of
eligible costs, so we would estimate that our reimbursement would be slightly over $160,000.
The Election on April 5th at Addison-Wesley went well logistically. The turnout was about
16%.
All proposed Charter amendments on the April 5th Election ballot were approved and are
now in effect.
Town Meeting begins on April 25th, continuing on Mondays and Thursdays until completed
- the additional dates would be April 28th, May 2nd and May 5th, if needed.
♦ Although it appeared that the MBTA was going to agree to take the Mishawum Station
property off the market until the Route 128/I93 process has proceeded to a point where we
would know whether it was needed, the T has reversed that position and is continuing with
the proposed sale - see attached April 7, 2005 letter from John Cagliano.
Chairman Richard Schubert noted that the Interchange Task Force decided to let that proceed
because it will take time to sell the property. Selectman Ben Tafoya asked if there were any
plans to have a public meeting to bring updates to the community, and Chairman Schubert
noted that the Board did that last Summer and there has not been much activity since then.
The Board will hold a public meeting as it moves forward, probably in the Fall. Selectman
Tafoya noted that we need to let the residents know this is still an ongoing issue. The Town
Manager suggested putting something on the front page of the next issue of YCC.
® The next planned Board of Selectmen Meeting is on May 9th at the Police Station
Community Room as a zoning workshop with CPDC related to Downtown zoning
(residential uses) and Addison-Wesley zoning. Selectman Tafoya asked if we would be
notifying the Addison-Wesley people, and Chairman Schubert indicated that he would
contact CPDC and see what they want to do.
♦ On May 10th, the Board of Selectmen will have their next regular meeting.
This Thursday at 1:00 p.m., Reading will receive its 20th annual recognition as a "Tree City,
USA."
Due to the retirement of Tom Younger as Town Administrator in North Reading, I have been
asked by the town to assist in the screening process for a new Town Administrator. I have
agreed and this work will not interfere with my duties in Reading. It is part of my obligation
and responsibility as a professional manager to assist in this process when possible.
♦ We are in the process of repaving Woburn Street. I have received a number of calls and
letters complaining about vehicles being ticketed and/or towed. I am looking into this matter
and will respond to all this week.
o Our Recreation Administrator has been able to obtain three sponsors for "dog mitt
dispensers" program (including custom signage and bags). The three sponsors are:
VCA Wakefield Animal Hospital
Middlesex Animal Hospital
Reading Animal Clinic
We already have received the dispensers and bags. The signs will be done shortly and they
will go up in the parks. The three locations will be Sturges, Memorial and Birch Meadow
near Morton/Lighted Field.
Board of Selectmen Meeting - April 19, 2005 - Page 3
♦ Chief Robert Silva is retiring Friday after over 30 years of service to the community. If
you'd like to stop by the Police Station on Friday between 12:30 and 3:30 and wish Chief
Silva a happy retirement, that would be most welcome.
Discussion/Action Items
Hearing- Regulations on Infiltration Systems in the Aquifer Protection District - The Secretary
read the hearing notice.
The Town Manager noted that the Zoning By-Laws establishes an Aquifer Protection District in
the area west of Main Street and north of Franklin Street. The bylaw is silent on the design
guidelines for infiltration systems and these are being recommended for approval. The current
bylaw indicates that no more than 15% of the property can be impervious cover. An additional
5% is allowed if the property owner gets the water back into the system. These regulations are
an attempt for staff to address issues. These rules and regulations will address new construction,
pre-existing non-conforming with 15%-20% impervious cover, pre-existing non-conforming
with more than 20% impervious cover, and the infiltration design.
Chairman Richard Schubert asked if pre-existing properties would be grandfathered until they
want to do something, and the Town Manager indicated that was right. The Building Inspector
gives the permit application to the Conservation Administrator for review.
Chairman Richard Schubert asked if detention basins would qualify, and the Town Manager
indicated that they would. The basins would hold the water onsite until it can percolate.
Vice Chairman Camille Anthony requested information on what the Town is doing to get
underground oil tanks removed from the Aquifer Protection District.
A motion by Anthony seconded by Tafoya to close the hearing on the regulations on
infiltration systems in the Aquifer Protection District was approved by a vote of 5-0-0.
A motion by Duffy seconded by Bonazoli to approve the policy establishing the Aquifer
Protection District infiltration system design guidelines was approved by a vote of 5-0-0.
Hearing - Change of Manager/Transfer of Stock - Reading Liquors - The Secretary read the
hearing notice. Adam Berger was present.
The Town Manager noted that Bruce Berger, owner of Reading Liquors, has passed away. The
family intends to sell the business but needs transfer of stock.
Chairman Richard Schubert noted that #13 on the application was not answered, and he asked
Adam Berger if he had a criminal record. Mr. Berger indicated that he did not.
Chairman Richard Schubert noted that in Section 08, question 9c, it asks if the majority of the
Directors are residents of Massachusetts and two of them live out of state. He indicated that the
answer needed to be changed to "no." Chairman Schubert asked Adam Berger if he will be the
onsite manager, and Mr. Berger indicated that he will. He noted that he has worked there several
r&3
,_2
Board of Selectmen Meeting - April 19, 2005 - Page 4
Summers and is familiar with the process of checking identification, etc. Chairman Schubert
asked if there would be any changes in staff, and Mr. Berger indicated that there would not.
The Town Manager asked Adam Berger when he was intending to sell the business. Mr. Berger
indicated that he hoped to sell the business by the end of the year.
Substance Abuse Prevention Advisory Committee Member Bob Brown asked how this hearing
was announced to the Town because the SAPAC was not notified. The Town Manager noted
that the Agenda's are e-mailed to departments, it was advertised in the newspaper, and it is on
the website and the RCTV Bulletin Board.
Chairman Richard Schubert noted that the SAPAC should be included in the process. He also
noted that the Police Department is not opposed to the change of manager.
A motion by Duffy seconded by Bonazoli to close the hearing on the Change of
Manager/'.Transfer of Stock for Reading Liquors, Inc was approved by a vote of 5-0-0.
A motion by Duffy seconded by Anthony to approve the Change of Manager/Transfer of
Stock for Reading Liquors, Inc was approved by a vote of 5-0-0.
Update on Water Issues - Public Works Director Ted McIntire and Water Treatment Plant
Supervisor Peter Tassi were present.
The Town Manager noted that the Water and Sewer Advisory Committee was established seven
years ago. They did a master plan for the water distribution system. His plan for tonight is to
cover the conservation program, water main projects, and water reading programs. He plans on
discussing the Water Treatment Plant project and the MRWA buy-in on May 10th.
Vice Chairman Camille Anthony noted that Gail Wood came in last week and indicated that we
should stop the application process. Vice Chairman Anthony indicated that she did not want to
wait until May 10th to discuss this, and asked the Town Manager where we are to date with the
MWRA.
The Town Manager noted that the application is not before the MWRA yet. The application is
before the Water Resource Commission who has to approve the interbasin transfer. If they grant
approval, then we need to get legislative approval, MWRA approval, and then MWRA Advisory
Board approval. This process was started five years ago. A study was conducted. The Town
went to MEPA because they are required to give a certificate of approval. As part of that
process, the original proposal of 219 million gallons per year was to the end of September. The
process changed that to the end of October. We requested a September date and the Water
Resource Commission issued approval on the September date, so the MEPA and WRC dates are
different.
The WRC has drafted a decision with conditions, listened to our concerns, and continued this to
May 12th. The major issues are that the Town wants as much local control; i.e., Water
Conservation Program. The WRC staff wants triggers so that if we use more than 'Y' number of
-1
5,
Board of Selectmen Meeting - April 19, 2005 - Page 5
gallons of MWRA water, we are using too much water and need to restrict. We told them the
Board of Selectmen would be willing to work on this. We originally requested 219 million
gallons and every time we bend, they ask for more. Other communities have permits that they
are appealing.
Vice Chairman Camille Anthony asked what the issues are that the Town has a problem with.
The Town Manager noted that if we get to a certain amount by such a date, then we will cut two
hours a day. They want us to cut four hours per day. We also want to put in the agreement that
this is voluntary - we are not being forced to do this.
Kerry Mackin from the Ipswich River Watershed Association noted that she sent a packet to the
Board of Selectmen with draft conditions. She noted that they are not asking Reading to use
water restrictions that are stricter than other communities. She also noted that the outdoor water
restrictions condition #2 provides an exemption from the restriction, and that is too broad of an
exemption.
The Town Manager noted that the Town has compromised a lot. No other community is cutting
their withdrawal from the Ipswich River in half. The Town does an annual leak detection, has
standing restrictions in place that includes off/even in early morning and afternoon, the new
Water Treatment Plant will make water conservation more flexible, and we are now converting
to artificial turf.
Selectman Ben Tafoya asked if an agreement with the Ipswich River Watershed Association
would help to get approval. The Town Manager indicated that he thought so but it is unlikely.
The consensus of the Board was to meet in a working session on April 26th at 7:30 p.m.
Water Conservation Program - Ted McIntire reviewed the Water Conservation Program. He
noted that the Town gives out rebates for certain washing machines, low flow toilets and rain
sensors. Public Works checks all locations before issuing a rebate check. To date, $73,800 has
been returned to residents. The Town has conducted 102 water audits, and 527 water saving
devices have been installed to date. He also noted that when a water audit is done, the customer
is given a chart indicating their indoor water use, outdoor water use, and gives recommendations
on how to conserve on water. The Town also installs the low flow devices to make sure they are
installed properly. All municipal buildings and schools have been retrofitted. The system wide
leak detection program saved the Town $305,000 over the past five years, and the cost to do the
program is under $10,000 every year.
Ted McIntire noted that the Town saved 3,510,000 gallons per year with the rebate items, the
leak detection program saved 138,000,000 gallons per year, and the municipal building retrofits
saved 5,000,000 gallons per year.
Ted McIntire noted that the planned activities for the future include coordinating teacher
workshops, develop a new brochure, identify largest multifamily users, and identify largest
commercial water users.
a~
S
Board of Selectmen Meeting=April 19, 2005 -Page 6
Water Main Projects - Ted McIntire reviewed the list of water main projects that have been
conducted.
Water Radio Read - Ted McIntire noted that it now takes 1 %a days to read all of the water meters
in Town. There was a problem with some of the transponders, and the vendor is replacing all of
the transponders in Town. Monthly billing is an option with this program. The Town Manager
noted that customers often request more frequent billing but there is more cost to postage,
billing, etc.
Chairman Richard Schubert asked about the status of the Water Treatment Plant. Ted McIntire
noted that he is meeting with Natural Heritage because we have blue spotted salamanders and
that may need mitigation. He should know by next week. The Town Manager noted that the
Town will have to go out to bid soon and do a Special Town Meeting in June.
Town Meeting Preview - The Town Manager reviewed the Town Meeting Warrant.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 4 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Tafoya to support the subject matter of Article 6 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 7 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Tafoya seconded by Duffy to support the subject matter of Article S of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Duff to o support the subject matter of Article 9 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Bonazoli seconded by Duffy to support the subject matter of Article 10 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to support the subject matter of Article 12 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to support the subject matter of Article 13 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 14 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Duff to support the subject matter of Article 15 of the
ADHI 25, 2005 Annual Town MeetinLy was approved by a vote of 5-0-0.
576-
Board of Selectmen Meeting April 19, 2005 - Page 7
Article 17 - Vice Chairman Camille Anthony recused herself because her husband is the
President of the Community Parish Nursing Board of Directors. The Town Manager noted that
the Finance Committee voted not to recommend this Article. The Finance Committee suggests
reviewing at a later date because the Town just hired a new Elder/Human Services
Administrator, and the Hospital Development Committee is doing a study.
Selectman Ben Tafoya indicated that it would be nice to hear from the Council on Aging, and he
suggested that the Board of Selectmen not take a position on this Article.
The Town Manager noted that the debate on this Article will happen under the budget.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 23 of
the April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Duffy seconded by Anthony to support the subject matter of Article 24 of the
April 25, 2005 Annual Town Meeting was approved by a vote of 5-0-0.
A motion by Anthony seconded by Bonazoli to support the subject matter of Article 25 of
the April 25, 2005 Annual Town Meeting failed by a vote of 0-5-0. Vice Chairman Camille
Anthony noted that she is opposed to this Article.
Chairman Richard Schubert noted that the Board has received a lot of feedback since the
issuance of a package store license to Atlantic Market. He feels that there is no urgency for this
Article and he will not support it.
A motion by Anthony seconded by Tafoya to indefinitely postpone Article 25 failed by a
vote of 1-4-0, with Tafoya, Bonazoli, Duffy and Anthony opposed.
Chairman Richard Schubert noted that if there is a demand for it, the Selectmen will hear about it
and put it back on the Warrant in the Fall.
District Land Court to Vacate Decree - 74 Mt. Vernon Street - The Town Manager noted that
there is a memo from Beth Klepeis in the packet. The Town foreclosed on the property. They
are willing to pay back the taxes if the Board of Selectmen vacate the decree.
y_seconded by Bonazoli to agree to file a petition in Land Court to vacate
A motion by Duff
the foreclosure decree for the property at 74 Mt Vernon Street upon the payment of all
taxes, interest, charges and legal fees was approved by a vote of 5-0-0.
Authorize Chairman to sign Regulatory Agreement - Maplewood Village - The Town Manager
noted that Chairman Richard Schubert signed this agreement on March 16, 2005 but Land Court
needs this authorization because it is a LIP and the Town is the partner.
56'e
Board of Selectmen Meeting - April 19, 2005 - Page 8
A motion by Anthony seconded by Bonazoli to hereby ertify that Richard W. Schubert is
the duly appointed Chairman of the Board of Selectmen and on March 16, 2005, was vested
by the Board of Selectmen with authority to execute and deliver to Maplewood Village
Development, LLC as owner of the real property known and numbered as 201-275 Salem
Street, Reading, Massachusetts, a document entitled "Regulatory Agreement and
Declaration of Restrictive Covenants for Ownership Project" was approved by a vote of
5-0-0.
Liaison Assignments - Richard Schubert made the following liaison assignments effective April
19, 2005 through June 30, 2006: Accounting Department - Richard Schubert; Community
Services including ZBA, CPDC, Conservation Commission, Historical Commission - Ben
Tafoya; Community Services including Land Bank, Board of Health, Constable, Board of
Registrars, Council on Aging/Mystic Valley Elder Services - Camille Anthony; Finance
Department - Camille Anthony; Housing Authority - Richard Schubert; Library - Ben Tafoya;
Public Safety - Joseph Duffy; Department of Public Works - James Bonazoli; RMLD - Joseph
Duffy; School Department - Richard Schubert; Downtown Steering Committee - Camille
Anthony.
Approval of Minutes
A motion by Anthony seconded by Tafoya to approve the Minutes of April 12, 2005, as
amended, was approved by a vote of 5-0-0.
A motion by Anthony seconded by Tafoya to adjourn the meeting of April 19, 2005 at 11:15
p.m. was approved by a vote of 5-0-0.
Respectfully submitted,
Secretary
SaB
Board of Selectmen Meeting
April 26, 2005
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 7:30 p.m. in the Town Hall Conference Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Richard Schubert, Secretary Joseph
Duffy, Selectmen James Bonazoli and Ben Tafoya, Public Works Director Ted McIntire,
Water Treatment Plant Supervisor Peter Tassi, John Gall from CDM (Consultant to Town of
Reading), Town Manager Peter Hechenbleikner and the following list of interested parties:
Kerry Mackin, Will Finch, Gina Snyder, Gail and John Wood, Richard More, Steve Levin,
Stephen Crook.
Discussion/Action Items
MWRA Water Buy-In -The Town Manager reviewed the status of the Water Resource
Commission Review/Approval of Reading's application to join the MWRA. He handed out a
copy of the draft conditions, with notes made as to where there may be disagreement between the
Town and the Water Resources Commission. He also passed out an e-mail dated Friday, April
22nd from Kerry Mackin from the Ipswich River Watershed Association.
John Gall from CDM had some additional information summarizing Summer and Winter
water use for the communities in the Ipswich River Basin, as well as the review of restrictions
for Danvers, Lynn, North Reading and Reading. It was noted that our registration for water
withdrawal use approved in 1992 was up for renewal for January 1, 2008.
Chairman Richard Schubert asked about the status of our pre-imposed 1992 lowest water use.
He also asked for clarification on our MEPA Certificate.
Selectman Ben Tafoya noted that based on the purchase of 219 million gallons, in 1999 the
Town would have used 212 million gallons. The community is growing. The development of
the landfill, Addison-Wesley, Archstone and Johnson Farms includes major new growth. He
asked if we took the number of gallons we had purchased based on the growth. The staff
indicated that these developments were included in our anticipated purchase of 219 million
gallons which was intended to last through September not October as the MEPA Certificate has
provided. He noted that if 219 million gallons per day were to last through September, it would
have been 1.44 million gallons per day used for May to the end of September. Stretching it to
October would permit us to use 1.22 million gallons per day from the MWRA.
Kerry Mackin presented material including a handout. She noted that the previous permit is now
void. She also noted that the Town's water withdrawal, in her opinion, is for raw water and that
the Town has problems in terms of measuring the amount of raw water used. She noted that
using the stream flow triggers would have saved the Ipswich River Basin 50 million gallons of
water during dry months. The Town staff noted that the Town's proposal could save the Ipswich
River Basin 219 million gallons during those dry months.
e
Board of Selectmen Meeting - April 26, 2005 - Page 2
Ms. Mackin noted that when other communities were reduced to having hand held water only,
under their proposed WRC conditions, Reading would have been exempt 100% of the time.
Since the stream flow triggers had been in place since 1998, additional restrictions beyond
Reading's current restrictions would have been in place 85% of the time. She also noted that the
proposed triggers in mid-July, mid-August and mid-September are not acceptable to the Ipswich
River Watershed Association. She feels that Reading's rates must include a block rate, and she
is negotiable on that. She is concerned that if Reading's application is approved, it would
establish a new category of "do good" interbasin transfers. She noted that other towns do not
have problems with the water restrictions. (It was noted that most of the other communities have
the proposed permits under appeal.)
Ms. Mackin noted that Reading is not the only community that is doing good things. North
Reading has been purchasing water for 15 years, and they will be reducing their Summer water
usage to .52 million gallons per day. (The staff noted that North Reading tools this measure
because of contaminated wells.) She also noted that if other communities through the appeals
process get their permits modified, then Reading can come back and request modifications to
their WRC permit.
Ms. Mackin noted that other communities have as low as 5% unaccounted for water. (The staff
noted that 10% is "acceptable" in accordance with State regulations. Reading does annual leak
detection.) The Ipswich River Watershed Association wants the leak detection mandated every
other year.
Chairman Richard Schubert noted that the draft MWRA statement was done in 2001/2002.
There were opportunities for comment. The Ipswich River Watershed Association previously
noted that they supported Reading's application to buy MWRA water.
Ms. Mackin noted that they had supported it and thought that the Town ought to be buying more
water not less. She also noted that we have more data now and that for the restrictions beyond
the discussion, the DEIR are required. She noted that the DEP included flow trigger mechanisms
in their water policy document last April. The Ipswich River Watershed Association spent
$125,000 on legal fees defending this practice.
Chairman Richard Schubert asked if Reading reduces their withdrawal by 60% from current
levels, isn't that an improvement? Ms. Mackin responded that she would be happy if Reading
and Wilmington reduced all water withdrawal from the Ipswich River Basin during low flow
times. She would like to push for that.
There was discussion about the raw water metering versus finished water metering. Water Plant
Supervisor Peter Tassi explained that we are modifying the meters to provide for better metering
of raw water.
Public Works Director Ted McIntire noted that the level of bills is very high and that provides
for conservation. The Water & Sewer Advisory Committee has not recommended block rate. At
such time as the Town may go to monthly billing, then block rates might be appropriate. Our
water bill and water usage also drives the sewer bill and that is different than North Reading.
Board of Selectmen Meeting - April 26, 2005 - Page 3
Ms. Mackin reviewed the Town of Ipswich's seasonal rates.
In response to a question by Selectman James Bonazoli, Ms. Mackin noted that although they do
not agree with all of the MEPA Certificate, the Ipswich River Watershed Association
understands that this is the binding document. They don't agree that the MEPA Certificate
covers all environmental concerns.
Selectman Ben Tafoya asked looking at the April 25th draft, what things the Ipswich River
Watershed Association does not like. Ms. Mackin noted that they disagree with Item (1)
regarding the definition, and Item (2) they would cross the whole thing out and modify the April
8th document.
In response to previous statements, Ted McIntire noted that the Town of Reading cannot be
expected to solve the entire flow problems in the Ipswich River. He also noted that
Wilmington's restrictions are in place because Wilmington has declared an emergency because
of the contamination of wells - they had no choice. He noted that whatever is agreed to through
the WRC approval would get incorporated into the Town of Reading's water registration.
John Gall also commented that with regard to outside water restrictions, the intent is that they be
used as a tool to extend the 219 million gallons so that it will last all year. This has no effect on
the withdrawal from the Ipswich River Basin. Reading has low per capita per day usage, and the
Town should receive some consideration for that - Reading is able to deliver the results of the
Water Conservation Program. If the Town of Reading crafts different solutions to what the
Ipswich River Watershed Association has suggested, why does the Ipswich River Watershed
Association care as long as the results are to the benefit of the river.
Ms. Mackin noted that they might be willing to use a five year rolling average for water use. She
would also like to see a DEP emergency declaration required in order to take more water out of
the Ipswich River Basin. This will be based on "a failure of MWRA connection or source."
Drought is not an unforeseen condition.
Chairman Richard Schubert asked if the 1 million gallons per day use of the Ipswich River was
an average - from the final EIR, it sounds like it is.
Selectman Ben Tafoya noted that the MWRA is a secondary source of water. It sounds like the
Ipswich River Water Basin wants to make the MWRA the primary source and the Ipswich River
the secondary source. Ms. Mackin felt that the efforts of the Town in this regard are voluntary
to a degree. She feels that the Ipswich River Watershed Association will challenge the
registration when it is up for renewal, and demand similar conditions as are placed on the permits
under appeal.
There was significant discussion on modifying our withdrawal below 1 million gallons per day
during the Summer use. It was indicated that we don't have that flexibility with the existing
Water Treatment Plant. The suggestion was that we should draft this approval based on the
assumption of a new plant, and have a transition in when a new plant is online. With a new
5 t3
Board of Selectmen Meetinjq - April 26, 2005 - Page 4
plant, the Town could conceivably draw more than 1 million gallons per day when there is not a
low flow situation with the river, and reduce below 1 million gallons per day when the river was
in a low flow situation. The idea would be that over a year, it would average out to 1 million
gallons per day.
Chairman Richard Schubert noted that Kerry Mackin has talked about "I" and "we" and wants to
know who "I" and "we" are. Ms. Mackin noted that "I" is Kerry Mackin, a representative of the
Ipswich River Watershed Association which has a Board. She noted that "we" is a group of
citizens.
Ms. Mackin noted that in Item 2, the Ipswich River Watershed Association would not budge
from its position. She also noted that using a trigger by July 15th means more than 50% of the
water season is gone by that time. She is willing to look into a five year rolling average for draw
out of the Ipswich River.
John Wood asked wiry we can't use best management practices instead of all the details. That
would give flexibility to the Town to be creative. The Town Manager noted that any restrictions
should be performance based. If the Town of Reading is using only 55 gallons per person per
day compared to other basin or State averages, then why should the Town be fiirther penalized.
Selectman Ben Tafoya noted that he feels the Board of Selectmen must move ahead. We want to
be able to resolve this issue so that we can move ahead with the WRC meeting on May 12t". We
need to agree on the broad strokes of how we want to move ahead. We want to be able to do this
on a mutually agreeable basis.
Ms. Mackin asked us to tell her what we don't like about her ideas.
Selectman James Bonazoli noted that the Water Resources Commission has the option not to
take the Ipswich River Watershed Association's recommendations. Ms. Mackin indicated that
they will not accept the exemptions as written into the WRC document.
The Board of Selectmen agreed to meet on May 3rd to try to iron out these issues. Ms. Mackin is
going to try to draft revised conditions:
1. ' To provide for a 1 million gallon per day average to Item (b) and Item (c) to tweak the
wording to determine what an emergency means. This would include the provision that
when we actually begin the operation of the new plant, we would revisit the issue of
being able to modify the amount of water taken out of the river as long as the average
was 1 million gallons per day.
2. Terry Mackin indicated that she would put in language for low flow related conservation
measures. The Town indicated that they would want some kind of performance measures
tied to gallons per capita per day and would like flexibility. Selectman Ben Tafoya
thought a combination of usage and flow might be a reasonable resolution.
5 AN
Board of Selectmen Meeting - April 26, 2005 - Page 5
On motion by Bonazoli seconded by Tafoya, the Board of Selectmen voted to adiourn their
meeting of April 26, 2005 at 12:10 a.m. by a vote of 4-0-0.
Respectfully submitted,
Secretary
s ~'s
OF RF9
O'M
V.
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4
G .
ts3s'INCORQO¢P~
License No. 101600017
THE LICENSING BOARD OF THE TOWN OF READING
HEREBY GRANTS A RETAIL PACKAGE GOODS
STORE LICENSE
to Expose, Keep for Sale, and to Sell
,All Kinds of Alcoholic Beverages
Not to be Drunk on the Premises
TO: JAI VAISHNODEVI & CHIRAL, INC. d/b/a NORTH SIDE LIQUORS, 1349
MAIN STREET, READING, MASS.
on the following described premises: Retail sales space, two storage spaces, office
and walk-in cooler on the first floor with rest room in back. One entrance/exit in front and
another entrance/exit in back. Additional storage space in basement.
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, 2005,
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.
In Testimony Whereof, the undersigned have hereunto affixed their official signatures
this 4th day of May, 2005.
The hours during which
Alcoholic Beverages may be
sold are: a
dech 1
4
.
.
Monday-Saturday
From 8:00 a.m. to 11:00 p.m.
except 8:00 a.m. to 11:30 p.m. f ,
the day before a holiday.
Sunday
From 12:00 noon to 11:00 p.m.
LICENSCN
RD
THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A
CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ. s
t~/
MOM
THE , MMONWEALTH OF MASSACHL.ETTS
ALCOHOLIC BEVERAGES CONTROL COMMISSION
FORM 43
z/06 ' Beading, Massachusetts
License Number City/Town
Type of Transaction (Please check all relevant transactions
( ) New License O New Officer/Director
(g) Transfer of License Change of Location
Change of Manager ( ) Alter Premises
O Transfer of Stock
0_AI VATSHNODEVI & CHIRAL, INC.
Name of licensee
NnRTH SIDE LIQUORS
D/B/A
IWO/
14-1918751
FID of Licensee
ARVIND B. PATEL -mac
Manager
_1349 MAIN STREET 01867
Address: Number Street Zip Code?
wANNUAL ALL ALCOHOL PACKAGE STftE
Annual or Seasonal Category: All Alcohol, Wine & Malt Type: Restaurant, Club, Package Store,
Inn, General on Premise, Etc.
Description of Licensed Premises:
-Retail sales space, 2 storage spaces, office,.and, walk-in cotbler o
the first flnnr, with rest room in back One entrance/ exit in fro
. _and another entrance /exit-in back.OAdditional storage.space in
asement.
.t
Application was filed: January 18; 2005. 1. 20 .Advertised: January 21., 2005. - .Qhroni,cl.e;
Date & time Do t,-& Publication
F E B 2 2 2005. Abutters Notified Yes No
Person to contact regarding* this transaction:
Name:
,T, 4PI)
Address: 231 Ash Street Reading, MA 01867 9
Phone #:781-944-3149
Remarks:
AlcohoA,ges
1
e
Remarks: i
Date
( ) Pledge of License
( ) Pledge of Stock
Other
41
a,">
OF
A
X639 INCORVia
THE COMMONWEALTH OF MASSACHUSETTS
Number: 2005-13. Fee: $50.00
TOWN OF READING
This is to certify that SAVORY TASTES, INC. d/b/a SAVORY TASTES CAFE,
601 MAIN STREET, READING, MASS.
IS HEREBY GRANTED AN
ENTERTAINMENT LICENSE
for the following: Live Entertainment two evenings per week (see attached)
WHICH IS/ARE KEPT ON THE FOLLOWING DESCRIBED PREMISES:
601 Main Street
This license is granted in conformity with the provisions of Chapter 140 of the
General Laws as amended by Section 183A of the Acts of 1949 and expires
December 31, 2005, unless sooner suspended or revoked.
In Testimony Whereof, the undersigned have hereunto affixed their official
signatures.
4
Date Issued: May 2, 2005 o
TOWN OF READING
COMMONWEALTH OF MASSACHUSETTS
APPLICATION FOR LICENSE
ENTERTAINMENT
To the Board of Selectmen:
20C~~''
The undersigned hereby applies. for a 'License in accordance with the provisions of the Statues relating
thereto
g
(Full name of person, firm or corporation making aPPlicati n)
DOING BUSINESS AS
S-~7'/~ r
STATE CLEARLY To PURPOSE FOR f~ ✓ °?t' ~~v~r ~y~, Z '~'c'/~/
IS REQUESTED LICENSE
IS REQUESTED dS C/
V ,C.
• /~?'tl `7`~c.7~a ~z,~ %N~rvj.~_~.✓'v„~.f~p~,,~y~,;r.~~7 ~9Y'~s~.¢/,y Ga~/E' '7~i~~
GIVE LOCATION. At
BY STREET AND
NUMBER/
In said Town of Reading, in accordance with the Rules and Regulations made under
authority of said Statutes.
I certify under the penalties of perjury that I, to my best knowledge and*belief, have filed all state tax
returns and paid all state taxes required under law. / _
Signature of In ividual or Corporate Name (Mandatory) o ate Officer ,
(Maud;
4:5. 0
Social Security # (Voluntary)
or Federal Identification Number
This license will not be issued unless this certification clause is signed by the applicant.
Your social security number will be furnished to the Massachusetts Department of Revenue to determine
whether you have met tax filing or tax payment obligations. Licensees who fail to correct their non-filiri
or delinquency will be subject to license suspension or re ocatio'. This quest is made under the g
authority of Mass. G.L. c. 62C, s. 49A..r / -
Fee Received: S-0, 00
Signature of ~Vj
Current Mailing Address
Telephone No.
Mr. Peter Hechenbleikner
Reading Town Manager
16 Lowell Street
Reading, Ma. 01867
Mr. Hechenbleikner,
As requested I am including a proposal of what Savory Tastes
Cafe intends to do if granted a license to have live entertainment at
its locale at 601 Main Street in Reading Center.
First the music itself would be predominately acoustical with
minimal amplification at times. The performances would consist
of Classical or Jazz pieces with the occasional soft pop tune.
There would never be more than two (2) musicians at one time
performing in the restaurant.
The time frame for these performances would be as follows;
Tuesdays and Wednesdays each week twice a month to start
expanding to every week as the idea catches on, for approximately
three(3) hours per evening.
There would not be any cover charges for admittance to the
restaurant to hear these performances and there would be any
minimum purchases required.
If you need any further information please contact me at Savory
Tastes Cafe at 781-942-8287.
S inc rel
r-
'1 D -
tep en O. Bell
ot3 -
oFRg9O
w
rs~9'rNCOae°¢~~
THE COMMONWEALTH OF MASSACHUSETTS
Number: 2005-14 Fee: $50.00
TOWN OF READING
This is to certify that SCHOOL OF MUSICAL ARTS, INC. d/b/a MUSIC ROOM .
COFFEE HOUSE, KNIGHTS OF COLUMBUS HALL, 11 SANBORN STREET
IS HEREBY GRANTED AN
ENTERTAINMENT LICENSE
for the following: Live, acoustic based music listening room
WHICH IS/ARE KEPT ON THE FOLLOWING DESCRIBED PREMISES:
11 Sanborn Street
This license is granted in conformity with the provisions of Chapter 140 of the
General Laws as amended by Section 183A of the Acts of 1949 and expires
December 31, 2005, unless sooner suspended or revoked.
In Testimony Whereof, the undersigned have hereunto affixed their official
signatures.
Date Issued: May 4, 2005 ~rr
To the Board of Selectmen:
n
20 06'_
The undersigned hereby applies for a 'License in accordance with the provisions of the Statues relating
thereto
(Full came of person, firm or corporation making application)
DOING BUSINESS AS 7 z • :
STATE CLEARLY TO-21f
PURPOSE FOR
WHICH LICENSE Gr>¢ e
IS REQUESTED
TOWN OF READING
COMMONWEALTH OF MASSACHUSETTS
APPLICATION FOR LICENSE
ENTERTAINMENT
u 5d C: IC pDN1 ~'t t
0 Ge~CeSfi~e hEt~~
GIVE LOCATION At 7 c !1 rrt,` p
BY STREET AND
NUMBER
/t s 4-all r ADO
f Sa P) Le) -5~
In said Town of Reading, in accordance with the Rules and Regulations made under
authority of said Statutes.
I certify under the penalties of perjury that I, to my best knowledge and-belief, have filed all state tax
returns and paid allrstate taxes required ` y~under law.
Tft( SC_ L> k Signature of Individual or Corporate Name (Mandatory) By Corporate Officer
(Mandatory, if applicable)
Social security # (Voluntary)
or Federal Identification Number
This license will not be issued unless this certification clause is signed by the applicant.
Your social security number will be furnished to the Massachusetts Department of Revenue to determine
whether. you have met tax filing or tax payment obligations. Licensees who fail to correct their non-.filing
or delinquency will be subject to license suspension or revocation. This request is made under the
authority ofMass. G.L. c. 62C, s. 49A. ' . - _ _
Fee Received: •Q~
Signature of Applicant
~y 41, 4e'~L 44,
Current Mailing Address
x(07 .
-78/ -9Ya =
Telephone No.
The School of Musical Arts, Inc. N%) J
24 Linnea Lane 20 FEB 28 M 10: 39
Reading, MA 01867-1347
Mr. Peter Hechenbleikner
Town Manager
Reading Town Hall
16 Lowell St.
Reading, MA 01867
Dear Mr. Hechenbleikner:
The hall rental manager at the Knights of Columbus Hall has informed me that I
need to apply to the town for an entertainment license for the musical
"coffeehouse" that I am running in the hall. When I picked up the application, I
found out that I also need a victualler license to sell brownies, cookies and
drinks. I already have a permit from the health department.
The School of Musical Arts, Inc. is a newly established not-for-profit organization
to promote music education and live music performance. As part of the goal, we
are planning to run approximately six "coffeehouses" a year in the K of C hall.
We rent out the hall and run the coffeehouses under the name, "The Music Room
in Reading."
Our shows are designed to be affordable, family appropriate entertainment, with
no smoking or alcohol allowed in the room. We will typically feature live, acoustic
folk music, but we will also feature an occasional jazz band or a seasonal
classical music program. We aim to be a positive contributor to the quality of life
for the community in which my family has lived since 1918. Our volunteers are
supporters from the town, who share the desire to promote live musical
performances here in Reading. We are trying to comply with all of the town
regulations and are actively taking steps to be safety conscious, particularly with
regard to fire prevention.
I assume that the town is familiar with the layout of the hall., as the Knights have
their own set of licenses. It has three exits: one leading to a rear fire escape
stairway, the other two leading to a hallway where there is a front door. We
expect to attract an audience of about 20 to 60 people per show, including
volunteers. We can control the number of people who access the hall by keeping
a tally count at the ticket table. There is an adjacent parking lot on the property
for off-street parking, plus there is additional parking space available on the
street.
~ C 3
Unlike most "musical listening rooms" or "coffeehouses," we are neither church
sponsored nor affiliated. We pay rent for the use of the hall. We paid a fee for a
lawyer to help us register our papers with the state. We paid the, incorporation
fee to the state so that we can legally operate. We have taken an anti-choke
safety class, to insure that someone is qualified to respond if a choking problem
arises. We own safe, professional quality sound and lighting systems.
As a not-for-profit organization, with initial funding provided by me, our financial
resources are limited and are mostly designated to paying the high quality
performers who come in to play at our site. We are not allowed by the Board of
Health to have "home baked goods" brought to the show in return for admission,
and then sold to the audience for refreshments in a "bake sale" manner. So, we
have made an arrangement with Ace Foulds of the "The Hot Spot" to provide us
with pre-wrapped snacks from her Health Department inspected and approved
facility.
These permit requests are being submitted, along with a check to cover the fees,
to comply with town requirements. If the town can see that this endeavor adds to
the quality of life in Reading and that it is not a drain on town resources, then I
would request that we be given a waiver regarding the fees required for these
permits.
Sincerely,
Edward G. Dee
President of The School of Musical Arts, Inc
Sponsor of The Music Room Coffeehouse in Reading
781-942-1956
OF R~9O
r~
!6 fig, iN !011 Q0
4P
THE COMMONWEALTH OF MASSACHUSETTS
Number: 2005-44 Fee: $50.00
TOWN OF READING
--This is to ce i that SCHOOL OF MUSICAL ARTS, a SIC ROOM
COFFEE HOUSE, KNIGHTS OF COLUMBUS HALL, 11 SANBORN STREET
seating 75 customers
IS HEREBY GRANTED A
COMMON VICTUALLER'S LICENSE
in said Reading, Massachusetts and at that place only and expires December 31,
2005, unless sooner suspended or revoked for violation of the laws of the
Commonwealth respecting the licensing of common victuallers. This license is
issued in conformity with the authority granted to the licensing authorities by
General Laws, Chapter 140, and amendments thereto.
Pursuant to Section 3.7 of the Board of Selectmen's Policies, patrons are
not permitted to bring alcoholic beverages on the premises for their own
consumption and licensees are not permitted to keep alcoholic beverages
on the premises except for a small quantity that is used in the preparation
of certain specialty cooked foods.
All signs shall conform with the sign regulations of the Town of Reading.
In Testimony Whereof, the undersigned have hereunto affixed their official
signatures.
L7
Date Issued: May 4, 2005 f
j
TOWN OF READING
COMMONWEALTH OF MASSACHUSETTS
APPLICATION FOR LICENSE
COMMON VICTUALLER
To the Board of Selectmen: 200S-
The-undersigned hereby applies for a License in accordance with the provisions of the Statues relating
thereto
A;4s may, ,
(Full name of person, firm or corporation making application)
DOINGBUSINESS AS Gc 5 _cz e
STATE CLEARLY To S _ c o m me r --;',a
PURPOSE FOR c^/
WinCH LICENSE E',~5 T S S a S SG ~n 2 S, y'v ~rn .1° ct~, aQ c azs jC~
IS REQUESTED P(,~S S
GIVE LOCATION At T~k T~ n , lM S cyY C-vJ tA-" L L aS m Q~ I ci yt 6 o r' Y1 Y
•BY STREET AND
NUMBER
NUMBER OF SEATS
In said Town of Reading, in accordance with the Rules and Regulations made under
authority of said Statutes.
I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax
returns and paid all state taxes required under law.
1 ►'~2 JG~ I ~ t.ct 5c Ge~~Q.
Signature of Individual or Corporate Name (Mandatory)
Social Security # (voluntary)
or Federal Identification Number
By Corporate Officer (Mandatory, if applicable)
This license will not be issued unless this certification clause is signed by the applicant.
Your social security number will be furnished to the Massachusetts Department of Revenue to determine
whether you have met tax filing or tax payment obligations. Licensees who fail to correct their non-filing
or delinquency will be subject to license suspension or revocation. This request is made under the
authority of Mass. G.L. c. 62C, s. 49A. ~
Fee Received: S 'O
Signature of Applicant
7 / 1"la
Current Malling Address Telephone No.
EAST SIDE NEIGHBORS
17 Elliot Street
Reading, MA 01867
April 20', 2005
IES, Inc.
Mr. Daniel G. Jaffee, President
265 Medford Street
Somerville, Massachusetts 02143
RE. IES Project No. 704-491
1 General Way
Reading, MA
RTN 3-24370
Dear Mr. Jaffe:
/(gu)
` r
2M5 APR 26 AN 9: U
r
We request a detailed schedule of upcoming response actions at the above referenced
site and to ensure no fugitive dust issues, we would request that a perimeter dust
monitoring program be instituted during all excavation and mixing activities. Dust
monitors.should be placed in both up gradient and down gradient positions. Other
meteorological parameters such as wind direction and velocity should also be recorded.
A threshold level should be implemented for purposes of determining whether control
measures are needed to bring ambient air conditions back to safe levels.
Based on your response of February 22nd 2005 with respect to item #9 regarding the
implementation of an AUL, sufficient information is not available to make a
determination of whether an AUL will be required or not. It is the opinion of East Side
Neighbors that additional subsurface analysis and sampling both beneath the slab of
the existing structure and additional perimeter samples will be needed to more
accurately define both the vertical and horizontal extent of contamination for the
compounds of concern. (COC).
og /
Please send all correspondence to:
EAST SIDE NEIGHBORS
17 Elliott Street
Reading, MA 01867
Sincerely,
EAST SIDE NEIGHBORS
Cc: K. Stromberg, BWSC, One Winter Street, 9"' Fl, DEP-NERD, Boston, MA 02108
Town of Reading Board of Health
Town of Reading Board of Selectman
Town of Reading Building Department
Town of Reading Planning Board
Town of Reading Zoning Board of Appeals
Danis Realty Trust, One General Way, Reading, MA 01867
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BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
201n MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELD • MIDDLETON
ROOM 124
TEL. (617) 722-2100
Rep. BradleyJones@hou.state.ma:us
April 20, 2005
Peter Hechenbleilcner, Town Manager
Town Hall, 16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleikner:
I thought you might be interested in receiving a copy of the
attached letter I distributed to my colleagues earlier today. It addresses
three amendments to the budget which I filed in an attempt to augment
local aid payments.
I will keep you updated on the progress we make during the budget
process. As always, please feel free to contact me with any questions.
Sincerely
i2rn rl Ibc►' 1-I
Jones, Jr.
ader r
enc. ;
gk I
0
The Commonwealth of Massachusetts
House of Representatives
State House, Boston, MA 02133-1054
BRADLEY H. JONES, JR. 20TH MIDDLESEX DISTRICT
READING • NORTH READING
STATE REPRESENTATIVE LYNNFIELD • MIDDLETON
MINORITY LEADER ROOM 124
TEL, (617) 722-2100
Rep.BradleyJonesol7ou.state.ma.us
April 20, 2005
Dear Colleague:
As you proceed through your analysis of the House FY'06 Budget and the various amendments which
have been filed, I am hoping you will have time to review and react favorably to three proposals I have
submitted regarding local aid.
• AMENDMENT 2 would accelerate current plans to uncap lottery proceeds. This amendment
would send 45% of the cap back to cities and towns in FY'06, followed by 75% in FY'07 and
100% in FY'08. Every percentage point of the cap we distribute in the form of local aid means
another approximately $2.35 million available for our communities to use for local expenses.
• AMENDMENT 133 would direct the Treasurer to distribute 50% of any amounts in excess of
the $17.1 billion consensus revenue estimate back to cities and towns according to the lottery
formula, up to a limit of $200 million. This is a straight-forward way to supplement local aid
should our estimate be less than what the final numbers prove to be.
• AMENDMENT 818 would add $78 million to the Chapter 70 distribution set forth in the
Budget, restoring a portion of distributions cut in FY'04 and ensuring that each municipal and
regional school district receives an increase of not less than $50 per student, apportioned
according to the amendment. This amendment has the specific support of the MMA.
As a former municipal official I know the importance of local aid to our cities, towns and regional
school districts. Our local leaders depend on our support to fund many of their community services and
programs. For this reason, I am hopeful you will join with me in investing in our communities by
supporting these amendments. There are many competing demands on our revenues but there are few
wiser investments we could make.
Please contact my office should you wish to co-sponsor either of these proposals, or should you have
any questions about them. Thank you.
Sincerely,
/r/
Bradley H. Jones, Jr. /
Minority Leader
L" 1, (1.(4
The Commonwealth of. Massachusetts
House of Representatives
State House, Boston, MA 02133-1054
BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
20TH MIDDLESEX DISTRICT
READING - NORTH READING
LYNNFIELD - MIDDLETON
ROOM 124
TEL. (617) 722-2100
Rep. Bradl eyJones@hou. state. ma. us
April 27, 2005
Mr. Peter Hechenbleikner, Town Manager
Town of Reading
Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleikner:
Thank you for your recent e-mail regarding House Bill 2121, An Act To Establish A Safe
Routes to School Program.
You asked if there is any potential for this bill to fund part of the cost of constructing
sidewalks on Franklin Street and abutting streets, relative to improving pedestrian access to the
Wood End School. I believe the answer to your question is "yes". The bill appears to specifically
allow the commonwealth to distribute federal grant money to political subdivisions for a variety
of purposes, including the construction and replacement of sidewalks. To access money for the
Franklin Street project the town would have to file an application for grant funds, according to
regulations to be established by the state, and would have to demonstrate the need for and the
merits of the work. I am attaching a copy of the bill for your reference.
I will continue to monitor the progress of H. 2121 and inform you if there are any changes in
its status. For now, you should be aware there is a Transportation Committee public hearing on
the bill scheduled for May 3, 2005 at 10:00 a.m. in Room A-2 of the State House. Should the bill
be enacted I also would be happy to work with the appropriate agencies to encourage the
distribution of grant money for the town, if you so desire. I hope this information is helpful.
Please feel free to contact me with any questions.
Sincerely,
xc/
Bradley H. Jones, Jr.
Minority Leader
r-A
yc/l' .
REFILE OF PREVIOUS MATTER: BILL #:1610 OF YEAR: 03
The Commonwealth of Massachusetts
IN THE YEAR TWO THOUSAND FIVE
Al ACTTO ESTABLISH A SAFE ROUTES TO SCHOOL PROGRAM.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
Safe Routes to School Program.
Notwithstanding any general or special law to the contrary:
(a) The Executive Office of Transportation and Construction shall establish and administer a Safe Routes to School
Program to distribute federal grants under the Safety Set Aside Program (23 U.S.C. Section 133), as amended, to
political subdivisions for projects to improve safety in and around school areas. Projects eligible to receive grants under
this program may include (among others):
(1) education programs;
(2) construction of wide outside lanes to be used as bike routes;
(3) construction of multi-use trails;
(4) construction and replacement of sidewalks;
(5) implementation of traffic-calming programs in neighborhoods around schools; and
(6) installation of new crosswalks, bike lanes, and signage where appropriate.
(b) The department, in considering grant proposals under this section, shall consider:
(1) the demonstrated need of the applicant;
(2) the potential of the proposal to reduce child injuries and fatalities;
(3) the potential of the proposal to encourage walking and bicycling among students;
(4) identification of safety hazards;
(5) identification of current and potential walking and bicycling routes to school; and
(6) support for the projects proposed by local school-based associations, traffic engineers, elected officials, law
enforcement agencies, and school officials.
(c) The department shall give priority in allocating money received by the department from the federal government
under the Hazard Elimination Program (23 U.S.C. Section 152), as amended, to grants under this section.
(d) The department shall adopt rules to implement this section.
MCP
Massachusetts Bay Transportation Authority
Mitt Romney Kerry Healey Daniel A. Grabauskas Michael H. Mulhern
Governor Lt. Governor . Secretary and MBTA Chairman General Manager
April 26, 2005
Kevin Lydon
General Manager
Massachusetts Bay Commuter Railroad Company, LLC
89 South Street
Boston, MA, 02110
Dear Mr. Lydon,
MBTA hereby directs MBCR to order all trains operating over the crossings at grade
specified below to sound the engine whistles in accordance with NORAC operating rule 19(b).
The whistle bans at the following crossings at grade have been rescinded.
Town Crossing(s),
Reading Ash Street
Lincoln South Great Road
Lincoln Road
Tower Road
Wakefield Chestnut Street
Prospect Street
Ipswich Topsfield Road
Washington Street
This order is to be conveyed with the issuance of the next Bulletin Order effective 12:01
AM on Monday May 2, 2005.
This directive is required by Massachusetts Department of Telecommunications and
Energy (DTE) Order No. D.T.E. 04-72, dated April 22, 2005.
For your convenience, the extract of the applicable paragraph, found on pages 7 and 8 of
the Order, is as follows:
Massachusetts Bay Transportation Authority, 45 High Street, Boston, MA 02110
Ed, I -
Page 2
April 26, 2005
Kevin Lydon
"In the interim and while under Department jurisdiction, whistle
bans at: Ash Street in Reading; South Great Road, Lincoln Road
and Tower Road in Lincoln; Chestnut Street and Prospect Street in
Wakefield; and Topsfield Road and Washington Street in Ipswich
are rescinded."
A copy of the full Order, No. D.T.E. 04-72 is also attached.
Thank you for your cooperation.
Sincerely,
.,ooo~ 0,,Oeo,~
Anna M. Barry
Director - MBTA Railroad
AMB/JDR:jc
Enclosure
cc: B. F. Christy - DTE
LL Ferguson - Guilford Rail System
Chief Richard E. Smith - Wakefield
Chief Kevin Mooney Lincoln
Chief Robert J. Silva - Reading
Chief Charles D.. Surpitski -.Ipswich
~ ~z
a
y i
M
N Y
DEPART UNT OF
°+t ~ e
D.T.E. 04-72 April 22, 2005
Petition by the Massachusetts Municipal Association Requesting, gin Investigation by the
Department of Telecommunications and Energy of Whistle Bans at Highway/Railroad Grade
Crossings in Effect within the Massachusetts Bay Transportation Authority Commuter Rail
District.
APPEARANCES: Neil Chayet; Esq.
9 Boardman Avenue .
Manchester, Massachusetts 01944
-and-
Jay E. Bothwick, Esq.
7 Boardman Avenue
Manchester, Massachusetts 01944
FOR: MASSACHUSETTS MUNICIPAL ASSOCIATION
Petitioner
_r'
D.T.E. 04-72
1. INTRODUCTION
Page 1
On July 22, 2004, the Massachusetts Municipal-Association ("MMA") filed a petition
("Petition") with the Department of Telecommunications and Energy ("Department") asking
the Department to maintain train whistle bans in specific communities within the Massachusetts
Bay Transportation Authority ("MBTA") commuter rail district.' The Department docketed.
the matter as D.T.E. 04-72. Pursuant to notice duly issued, the Department sought comment
on MMA's Petition. In response, the Department received a letter from the City of Revere in
support of MMA's Petition. The evidentiary record consists of two exhibits.'
H. DEPARTMENT JURISDICTION OVER THE ESTABLISHMENT OF
WHISTLE BANS
Pursuant to G.L. c. 160, § 139, the Department may forbid or regulate the sounding of
whistles at any specified crossing. Absent such an Order by the Department, or legislation
providing for town-wide whistle bans, G.L. c. 160, § 138 requires that a locomotive
approaching a crossing sound three separate and distinct whistle blasts starting at a distance
marked by a whistle post, or at least eighty rods (approximately one-quarter mile) from the
crossing and continuing until the locomotive has traveled over the crossing.
Ayer, Belmont, Beverly, Chelsea, Everett, Gloucester, Hamilton, Ipswich, Lincoln,
Manchester-by-the Sea, Medford, Melrose, Newburyport, Norfolk, Reading, Revere,
Somerville, Wakefield, Waltham, Wenham, and Weston.
On our own motion, the Department moves into evidence the following documents:
Exhibit A (Railroad/Highway Diagnostic Team Checklist); and Exhibit B (Quiet Zone
Calculator Data).
9 ~,u
D.T.E. 04-72
Page 2
In accordance with provisions of the Swift Rail Development Act of 1994, the Federal
Railroad Administration ("FRA") has established a uniform standard of review for
communities seeking relief from train horns. On December 18, 2003, the FRA promulgated
its Interim Final Rule ("Rule"). 49 C.F.R. Parts 222 and 229. On June 26, 2005, the FRA is
expected to publish its Final Rule.3 After publication of the Final Rule, states will be
preempted from either recognizing or creating new Quiet Zones ("QZ") i.e., crossings where
whistle bans are or will be established). Rule at § 222.7. As of that date, a city/town must
apply directly to the FRA to establish a new QZ or gain approval of a Pre-Rule QZ. Until
then, the sounding of locomotive horns remains subject to applicable state and local laws.
Given the imminent transition from state to federal regulatory authority over train whistles, the
Department evaluated the MMA's petition using the federal standard of review.
III. DESCRIPTION OF INVESTIGATION
In its investigation, the Department reviewed 68 public highway/railroad grade
crossings in 17 cities and towns within Massachusetts.' In investigating whether to reaffirm
U.S. Department of Transportation Report on DOT Significant Rulemakings
(March 2, 2005), Whistle Bans at Highway-Rail Grade Crossings, available at
http://regs.dot.gov/rulemakings/200503/fra.htm.
Initially, the MMA requested that the Department investigate 80 highway/railroad
grade crossings in 21 cities/towns (Petition at App. A). However, pursuant to
G.L. c. 160, § 139, only 68 such crossings were public and, therefore, under the
Department's jurisdiction. Also, although the Petition included the Town of Norfolk,
the Norfolk whistle ban was determined to be granted pursuant to home rule legislation
and thus it was not part of our review. Prior to the conclusion of the investigation, the
City of Everett elected to restore the sounding of the train horn at its one public
railroad/highway grade crossing. Moreover, the City of Revere's railroad/highway
(continued...)
g~s~
Page 3
whistle bans at the 68 highway/railroad grade crossings, the Department applied the FRA's
Rule. For the purposes of the investigation, and per the Rule, each of these existing
community whistle bans was treated as a Pre-Rule QZ. The FRA defines a Pre-Rule QZ as a
segment of rail line within which is situated one or a number of consecutive public or private
highway/rail grade crossings at which state statutes or local ordinances restricted the routine
sounding of locomotive horns, or which locomotive horns did not sound due to formal or
informal agreements' between the community and the railroad, and such statutes, ordinances or
agreements were in place and enforced or observed as of October 9, 1996 and' on
December 18, 2003. Rule at § 222.9; 68 Fed. Reg. 70,593.
Pursuant to the Rule, the Department evaluated a number of factors to determine
whether the community QZ qualified as a Pre-Rule QZ. Such factors included: the number of
trains passing:. over the. crossing per day, the allowed train speed (according to the, railroad
operating rules book); the type of warning devices installed at each crossing i.e., gates,
flashing lights, bells., etc.); and the information provided by the cities/towns regarding the
number of accidents that occurred at each crossing. See Rule at § 222.41; see also
Railroad/Highway Diagnostic Team Checklist (Exh. A). The data collected by the Department
a (...continued)
grade crossing is listed in the FRA National Railroad Crossing data base as a private
crossing. Last, it was determined during this investigation that the Town of
Newburyport does not have a railroad/highway grade crossing. Thus a total of 17
communities were evaluated by the Department.
g ~c~
D.T.E. 04-72
Page 4
for each crossing in a QZ was then entered in the FRA Train Horn Calculators to determine if
the community QZ would qualify as a Pre-Rule QZ according to the Rule (Exh. B).
IV. ANALYSIS AND FINDINGS
Based on the Department's application of the Rule and using the data provided by each
community, we find that the 17 communities noted above qualify' as Pre-Rule QZs. As such,
the Department will permit those communities to maintain train whistle bans at their public
highway/railroad crossings with certain exceptions discussed below.'
While the towns of Reading,' Lincoln, Wakefield, and Ipswich qualify as Pre-Rule
QZs, these towns will need to take remedial measures to retain whistle bans for their QZs
when the Rule goes into effect. Rule at § 222.41(b).' According to the Rule, a Pre-Rule QZ
s The FRA created a"Quiet Zone Calculator" that allows the public authority/local
community to input data pertaining to each crossing in a proposed new QZ or Pre-Rule
QZ and to determine the level of risk present at the crossing absent the sounding of the
train horn.
' These communities include: Ayer, Belmont, Beverly, Chelsea, Gloucester, Hamilton,
Ipswich, Lincoln, Manchester-by-the-Sea, Medford, Melrose, Reading, Somerville,
Wake€ie1d-,VAa1tham-,-Wenhar-and-We ston. -
' Pursuant to the Rule at Section 222.41(a)(3), the Department's Order considers relevant
collisions over the five-year period ending December 18, 2003. The Department is
aware, however, of several accidents that occurred in the City of Beverly since that
date. Those accidents are being investigated independently of this docket.
$ The data for the Town of Reading was incomplete because one of its crossings, New
Crossing Road, was not listed in the FRA calculator. This crossing was missing from
the FRA national database of highway/railroad grade crossings.
9 Reading, Lincoln, Wakefield, and Ipswich are considered Pre-Rule QZs under the Rule
because (1) whistles bans were in place in these communities between October 9, 1996
(continued...)
I X,
D.T.E. 04-72
Page 5
will be considered approved and may remain in effect if -the Quiet Zone Risk Index. ("QZRI")
is less than two times the Nationwide Significant Risk Threshold10 ("NSRT") without any
"relevant collision"" at the crossing in the QZ during the previous five years. Rule
at § 222.41. Specific highway/railroad grade crossings in these four towns had QZRI values
greater, than twice the NSRT see Exh. B). These crossings are: (1) Reading: Ash Street;
(2): Lincoln: South Great Road, Lincoln Road, and Tower Road; (3) Wakefield: Chesnut
Street and Prospect Street; and (4) Ipswich: Topsfield Road and Washington Street id.. In
addition, each. of these towns had at least one relevant collision at each of these
highway/railroad grade crossings i( d.). Because each of these crossings have scores greater
than the NSRT and have experienced at least one relevant collision per crossing, the
Department finds that whistle bans at these specific crossings should be rescinded.
Accordingly, train horn whistles shall be restored at these crossings.
9 (...continued)
and December 18, 2003, and (2) these communities were listed in the Massachusetts
Bay Commuter Railroad's operating rule book. Rule at § 222.9; 68 Fed. Reg. 70,593.
10 The NSRT is a "number reflecting a measure of risk, calculated on a nationwide basis,
which reflects the average level of risk to the motoring public at public highway-rail
grade crossings equipped with flashing lights and gates and at which locomotive horns
are sounded. [A] risk level above the NSRT represents a significant risk with respect
to loss of life or serious personal injury." Rule at § 222.9.
" "Relevant collision" is defined as a collision at a highway/railroad grade crossing
between a train and a motor vehicle, excluding the following: a collision resulting from
an activation failure of an active grade crossing warning system; a collision in which
there is no driver in the motor vehicle; or a collision where the motor vehicle struck the
side of the train beyond the fourth locomotive unit or rail car. Rule at § 222.9. The
term "relevant collision" was included in the rule "to provide a basis for reviewing the
safety history at a crossing while ensuring that collision not relevant to the direct issue
of motorist decision-making are omitted from the analysis." Id.
X~ I
D.T.E. 04-72
Page 6
When the Rule takes effect, Reading, Lincoln, Wakefield, and Ipswich will need to
implement Supplementary Safety Measures ("SSMs") and/or Alternative Safety Measures
("ASMs") at the above-noted highway/railroad grade crossings in order to retain Pre-Rule QZ
status. Rule at § 222.41(b) SSMs are safety systems or'procedures that are implemented by a
city or town responsible for safety at the highway/railroad grade crossing.. Rule at. § 222.9.12
ASMs are modified SSMs or non-engineering ASMs such as: planned enforcement, public
eduaatiou and awareness programs Ag.the u`se of photo enforcement technology. See Rule
at § 222, App. B; Rule at § 222.53. The Rule stipulates a number of factors that determine the
actual amount of time a community has to reduce the risk level within a QZ.13 See e.g_, Rule
at § 222.41(2)-(4). Therefore, Reading, Lincoln, Wakefield, and Ipswich will need to review
SSMs and ASMs provided for in the Rule to determine what measures are best suited to reduce
their risk levels in the QZs. These towns will have to apply directly to the FRA for an
exemption from the timing regairemer is of the Ri,A64hile they work to 'imploment'SSMs and
ASMs. See Rule at § 222.39. In the meantime, the Department will not permit these
communities to maintain whistle bans at the crossings discussed above.
In conclusion, after due notice, opportunity for comment, and consideration, the
following towns meet the definition of Pre-Rule QZs: Town of Ayer; Town of Belmont; City
12 Examples of SSMs include: four-quadrant gates; median dividers, which prevent
drivers from crossing lanes to go around a lowered gate; the temporary closure of a
crossing; and the conversion of two-way traffic into a one-way street.with gates and
lights. See Rule at § 222, App. A.
13 These include, but are not limited to, funding sources, planning, budgetary cycles, state
assistance and the type of actions taken by the community. Rule at § 222.41.
4&4I
D.T.E. 04-72
Page 7
of Beverly; City of Chelsea; City of Gloucester; Town of Hamilton; Town of Ipswich; Town
of Lincoln; Town of Manchester-by-the-Sea; City of Medford; City of Melrose; Town of
Reading; City of Somerville; Town of Wakefield; City of Waltham; Town of Wenham• and
Town of Weston. However, each community must review the Final Rule and submit an
application, to the FRA after publication of the Final Rule in order to retain FRA approval as a
Pre-Rule QZ. Further, the Towns of Reading, Lincoln, Wakefield, and Ipswich will have to
implement the appropriate SSMs and ASMs consistent with the Final Rule to retain QZ status.
In. the interim and while under Department jurisdiction, whistle bans at: Ash Street in
V x 6*
D.T.E. 04-72
Page 8
Reading; South Great Road, Lincoln Road, and Tower Road in Lincoln; Chesnut Street and
Prospect Street in Wakefield; and Topsfield Road and Washington Street in Ipswich are
rescinded.
By Order of the Department,
\s\
Paul G. Afonso, Chairman
\s\
James Connelly, Commissioner
\s\
W. Robert Keating, Commissioner
\s\
Judith F. Judson, Commissioner
\s\
Brian Paul Golden, Commissioner
D.T.E. 04-72
Page 9
An appeal as to matters of law from any final decision, order or ruling of the Commission may
be taken to the Supreme Judicial Court by an aggrieved party in interest by the filing of a
written petition praying that the Order of the Commission be modified or set aside in whole or
in part. Such petition for appeal shall be filed with the Secretary of the Commission within
twenty days after the date of service of the decision, order or ruling of the Commission, or
within such. further time, as..the Commission may allow upon request. filed. prior, to the
expiration of the twenty days after the date of service of said decision, order or ruling. Within
ten days after such petition has been filed, the appealing party shall enter the appeal in the
Supreme Judicial Court sitting in Suffolk County by filing a copy thereof with the Clerk of said
Court. G.L. c. 25, § 5.
~~v
b1c 16(
Massachusetts Bay. Transportation Authority
Mitt Romney Kerry Healey Daniel A. Grabauskas Michael H. Mulhern
Governor Lt. Governor Secretary and MBTA Chairman General Manager
April 28, 2005
Dear Advisory Board Member or Designee:
I am pleased to announce that the MBTA is beginning the public process for service
change suggestions to be included in the 2006 Service Plan. To that end community workshops
will be held on May 4, 11, 12, 17, and 19th as detailed below. These workshops will consist of a
brief presentation by MBTA staff followed by an informal discussion between MBTA staff and
the public soliciting ideas for route modifications.
May 4, 2005 - May 11, 2005 May 12, 2005
State Transportation Building Honan -Allston Branch Library Dudley Branch Library
10 Park Plaza, Conference Room 4 300 North Harvard Street, Allston 65 Warren St, Roxbury
Boston 6:00-7:30 pm Noon-2pm & 6:00-7:30pm
Noon-2:00 and 4:30- 6:00pm
May 17, 2005 May 19, 2005
North Shore Community College Malden City Hall
MBTA Conference Rm. T102 200 Pleasant Street, Room 421
Market & Broad Streets, Lynn Malden
6:00-7:30pm 6:00-7:30 pm
The service plan is the result of a biennial process of collecting information and
performing an analysis of the MBTA services. The analysis is a review the performance of
META services against the performance standards found in the MBTA Service Delivery Policy.
Through this process new bus routes and route restructuring are also considered as we attempt to
provide better service for the riding public. It is a cost neutral process; however,
recommendations that have increased costs can be indicated as promising for funding when new
resources are available.
Written comments also can be submitted to the MBTA Service Planning Unit, at 45 High
Street, Boston, MA 02110, or by e-mail to service@mbta.com. Written comments will be
accepted through June 30, 2005. Comments from the public will be considered equally whether
they are received in writing or at community workshops.3
Please feel free to provide any suggestions that you think should be considered.
Thank you for your past and continued support of public transportation.
Sincerely,
Michael H. Mulhe _
General Manager
Massachusetts Bay Transportation Authority, 45 High Street, 5t1i Floor, Boston, MA 02110
RZ
0
•j
K-L
05/03/05 TUE 11:32 FAX 617 722 2390 HOUSE GOP LEADER'S OFF.
x
a
t`
BRADLEY H,. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
~,ar~de a~~rr~~eizda,~`rrr~s
[7] 002
L~ C
20'^ MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELO • MIDDLETON
ROOM 124
TEL. (617) 722-2100
Rep.Brad{eyJone,s@hou.state.ma. us
May 3, 2005
The-Honorable Joseph F. Wagner, House Chairman
The Honorable Steven A. Baddour, Senate Chairman
Joint Committee on Trinsportation
State House, Room 44:3
Boston, MA 02133
Dear Chairmen:
I write to testif! i on House 2121, An Act To Establish A Safe Routes to School Program. I
strongly urge you to re )ort this bill out favorably.
The legislation. allows the executive office of transportation to distribute federal grants for
projects designed to.irr prove safety in and around school areas. Not only do our students deserve
the best and safest educ:ation we can offer, but our communities should do their utmost to pursue
sustainable developme. 2t principles. Sustainable development integrates a number of wide-
ranging philosophies,,: nd among them is a consideration for the physical well-being of our
population. The prove: is supported by the Safe Routes to School Program will include sidewalk
replacement, bike rout) :s, multi-use trails, and other endeavors which will not only encourage safe
travel, but also promote; physical activity. I know some of my communities are determined to
apply to.the program a; soon as the legislation is passed. The Safe Routes to School Progxam,
supported by federal fi: nds, will be an integral piece of the sustainable fabric of our communities
as we move deeper into the twenty-first century.
I thank you for your consideration of House 2121 and again express my support for a
favorable report. -4
BHJIZEC
OFR6?gO
Town of Reading
16 Lowell Street
Reading, MA 01867-2684
IN'CORR~4
FAX: (781) 942-9071
HEALTH
(781) 942-9061
Memorandum
To: Board of Selectmen
CC: Peter Hechenbleikner
Town Manager
From: Jane Fiore 0
Health Administrator
Date: 4/27/2005
Re: Revised BOH Fee Schedule
The Reading Board of Health has completed a review study and public hearing regarding the Health
Division permit fees. On April 14, 2005 the Board voted 3:0:0 to adopt the attached revised fee
schedule.
Reading Board of Health
Section 22: Fee Schedule
Effective July 7, 2004
Effective July 1, 2005
1. Keeping of Animals
Birds/Fowl
Cattle, cows, horses, sheep, goats
Pig
Pigeons
Rabbits
Kennel
2. Disposal works construction
Disposal Works installer
3. Dumpster permit (annual /temporary)
4. Food Service 0-50 seats
Food Service 0-100 seats
Food Service + 100 seats
Retail Food 3000sq. ft.or more
Retail Food <3000sq. ft.
Bakery
Milk
Frozen Dessert /ice cream
Catering
Temporary Food
Mobile
Tobacco
Residential
5. Funeral Directors
6. Massage Therapy - therapist plus cost of estab. License
Therapist
Student/intern
Estab. Operated by one practitioner
Estab. Plus 2-5 prof or student practioners
Estab. Plus 6-10 Prof. or students
Est. plus 11 or more pract.
Temporary licenser per practitioner 1-7 days
8-28 days
7. Recreational Camps
8. Removal of garbage/ofrage
9. Swimming Pools (outdoor)
Swimming pools (indoor)
$20.00/24
20.00 each
20.00 each
20.00/ 7pairs
20.00/3
100.00
100.00
100.00
50.00
75.00
125.00
200.00
200.00
75.00
50.00
15.00
25.00
75.00
25.00
75.00
75.00
50.00
50.00
150.00
50.00
00
50.00
65.00
80.00
100.00
25.00
50.00
100.00
50.00/truck
125.00/each
200.00/each
11.
Tanning Establishments
100.00
12.
Well installation
50.00
13.
Burial permit
15.00
14.
Ice Rink certification
50.00
15
Body Art
Establishment initial
1500.00
Piercer/tattoo artist
150.00
Annual estab. Permit
500.00
16.
Clinic
Influenza immunization >65yrs
0
<65yrs
10.00/each
Pneumonia<65
10.00
Tetanus <65
5.00
Mantoux test
5.00
Meningitis prev. imm.
50.00
Note: License fees are not pro-rated.
Voted: 1197
Revised: 6100
Revised: 2101
Vote&3: 0: 0 2108101
Effective date : 7/01/01
voted 8114103 3: 0: 0
Effective 711104
#14 effective 1011103
Revised 4114105 3: 0: 0
Effective 711105
L ~c 6-J
Hechenbleikner, Peter
From: Fred Van Magness [vanmagness@comcast.net]
Sent: Tuesday, April 26, 2005 9:38 PM
To: Hechenbleikner, Peter, Schubert, Rick; Camille Anthony forwading account; Andrew Herlihy;
Ellen Kearns; Phillip B. Pacino; Robert Soli
Cc: Paula O'Leary; Roger Lessard; Vin Cameron; Schena, Paula; Johnson, Cheryl
Subject: READING CAB APPOINTMENT
FYI, at tonight's (4/26/05) CAB meeting, I verbally advised the CAB and
members of RMLD in attendance that my term of appointment as Reading's
CAB
Representative expires on June 30, 2005, and that I have notified the
Reading Town Clerk that I will not seek reappointment.
Paula O'Leary, please forward a copy of this note to Mr. Norton who was
not
in attendance as well as Mr. Hahn. Paula Schena, please forward a copy
of
this note to Mr. Duffy and the two new BOS elected members. Thanks.
Fred
Fred Van Magness
1
Page 1 of 1
L I ( 3(5~
Hechenblelkner, Peter
From: Kerry Mackin [kerrymackin@verizon.net]
Sent: Thursday, April 28, 2005 12:00 AM
To: IRWA
Subject: Ipswich River Restoration Conference
The Ipswich River Watershed Association and Ipswich River Restoration Partnership invite
you to the 2005 Ipswich River Restoration Conference on Saturday, May 14th from 8:30 a.m. -
3:30 p.m. at North Shore Community College in Danvers. The conference includes workshops
on river restoration, improving fish passage, low impact development, water supply
alternatives, advanced. wastewater technology, water conservation, environmentally-friendly
landscaping, as well as a "state of the science" panel. There will also be a program focusing
on the EPA-funded Targeted Watershed Grant, including series of innovative demonstration.
projects in the watershed. Opportunities for volunteers to work with the United States
Geological Survey to monitor the effects of these projects will be presented.
The conference is open to the public, and pre-registration is required by May 11th. There is
a cost of $10 ($8 for IRWA members), including lunch and all conference materials. The
registration form is available on-line at www.ipswichriver.org/2005Restconf.pdf.
The conference is funded through a grant from Massachusetts Environmental Trust, with
additional support from Analog Devices and EBSCO Publishing.
For more information, contact IRWA at 978-887-2313 or irwainfo a ipswichriver.org.
Please forward to those who may be interested in this conference.
Apologies for duplicate postings.
It,
q
4/28/2005
fIt,1)C4
Hechenbleikner, Peter
From: Conroy, Mark [Mark.Conroy@pioneerinvest.com]
Sent: Monday, May 02, 200511:58 AM
To: Hechenbleikner, Peter
Subject: RE: goodmorning
Pete, thank you for the quick response, it's refreshing to get a
response back at all these days, nevermind the same day, it speaks
volumes. Sounds good, we'll keep the earplugs in and the TV volume up
for a couple months. Have a good one,
-Mark
-----Original Message-----
From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us]
Sent: Monday, May 02, 2005 11:21 AM
To: Conroy, Mark
Subject: RE: goodmorning
Hi Mark
The resumption of horns is a "glitch" in the jurisdiction between the
state and the feds, but by the time we were able to address it - the
quiet zone would be restored anyway.. The horns will sound for the next
2 months until the Federal Railroad Administration (FRA) takes over
jurisdiction. Following that date, we meet their requirements for a
temporary (renewable for 8 years) quiet zone for Ash Street while we
address safety issues. We are actually trying to eliminate the grade
crossing by relocating Ash Street to Main.
So - bear with the horn for a couple of months and then we should get
our total quiet zone back.
Pete
-----Original Message-----
From: Conroy, Mark [mailto:Mark.Conroy@pioneerinvest.com]
Sent: Monday, May 02, 2005 10:09 AM
To: Town Manager
Subject: goodmorning
Goodmorning Peter, I know you must be busy this morning, so I apologize
for piggy-backing on top of your work. I am emailing about the train
horn situation only with the hope that if more people speak up the
quicker the issue is resolved. Here's a couple quick obvious points
which I'm sure you have aleady heard:
1. Sounds like the Fed Govt is trying to lean on the states and towns to
do something soon so they institute a law that is sure to get the
townspeople to harass their local town managers. Weak solution, but will
get people going.
2. Noise more noise is not the solution. Blowing the horn 50 times a
day will only negates the reason the horn is used. The train and bells
make enough noise that I can hear them while taking a shower. People can
hear the noise, they're just not paying any attention to it - which will
be the same with the horn. I believe there is too much noise to begin
with, it causes more confusion than alarm.
3. Your front yard. Please approach this issue as if it were your family
hearing the horns through dinner, all night up to midnight, and then
bright and early at 6am they start up again. The horns sound like
they're are in my living room.
Can someone shoot me an email with any ideas as to what the town is
planning to do, and any time frames?
Thank you,
Mark Conroy
781-779-2011
Page 1 of 2
L ~ Cep
Hechenbleikner, Peter
From: Terri Benado [tbenado@verizon.net]
Sent: Friday, April 29, 2005 8:11 PM
To: Reading - Selectmen
Subject: Whistle Blowing at Railroad Crossings
Hello,
As a resident of Vine Street, which boarders the railroad tracks near the train station, I read the article below with
serious concern.
Whistle soundings 46 times a day - some very late at night and very early in the morning - is simply
unacceptable. The article mentions numerous alternatives to whistle sounding, including the installation of safety
equipment and additional safety reviews which can reverse the order to sound the whistle.
It is disappointing that Reading was one of only 4 towns required to reinstate the whistle blowing.
Please explain the town's plans to address this issue so that the whistle sounds are not permanent and can be
discontinued as soon as possible.
Thank you,
Terri Benado
tbenado@verizon.net
4 towns brace for chorus of train whistles
State rescinds bans in an effort to improve safety at rail crossings
By Mac Daniel, Globe Staff I April 29, 2005
Four area towns will be forced to have trains blow their whistles at rail crossings starting Monday, a change
intended to improve safety.
The four towns Ipswich, Lincoln, Reading, and Wakefield could silence the META commuter rail whistles by
installing safety equipment such as cameras or gates that would prevent drivers from crossing. But until June 24,
when new federal rules take over, the whistles will sound, starting at least a quarter-mile before each crossing.
At the Ash Street crossing on Route 28 in Reading, train whistles will sound 46 times a day. In the dental offices
of Dr. Richard Yost, located about 25 feet away, the windows are closed tight to muffle the rumble of passing
commuter trains.
"I guess we'll just have to get used to it," said Judy Carberry, the office administrator.
In Lincoln, where train whistles will sound at least 34 times a day at three crossings spanning half the town, the
town administrator plans to discuss the issue with selectmen, who could appeal the change to the state Supreme
Judicial Court.
The changes are part of a state review of train whistle bans, which found there were 68 crossings in 17
communities that had no paper trail proving the bans were legally established.
The safety review of those 68 crossings looked at local traffic counts, the number of trains using them, and the
number of crashes. The numbers were crunched in a new federal "train horn calculator" to see if quiet crossin
met new federal safety guidelines.
5/2/2005
Page 2 of 2
In Lincoln, Reading, Wakefield, and Ipswich, eight crossings did not.
The issue of train whistle bans emerged last October after a 14-year-old boy was killed at a Beverly railroad
crossing where one was in place.
Officials said the boy rode his bike around a set of closed gates and ignored ringing bells and flashing lights.
Some residents and rail officials said a train horn may have made him stop.
State officials immediately required that the whistles be blown at that crossing.
The state Department of Telecommunications and Energy, which oversees safety at the Massachusetts Bay
Transportation Authority, rescinded the whistle bans in Lincoln, Ipswich, Reading, and Wakefield to make the
crossings safer before the federal rules go into effect.
When that happens June 24, towns can get the bans reinstated if they promise the Federal Railroad
Administration to increase safety at the crossings. The federal law then gives communities eight years to put
those measures in place.
Also, as of June 24, every whistle ban in Massachusetts will be reviewed for safety annually. If the number of
accidents or vehicles at a crossing jumps, a whistle ban could be rescinded unless safety measures are added.
"Communities should never again view a quiet zone as a given," said Brian Cristy, director of the department's
transportation division.
Town officials, some of whom said they were given only five days' notice of the whistles starting Monday, rushed
yesterday to get the word out.
In Wakefield, where horns will sound at Chestnut and Prospect streets near downtown, Town Administrator
Thomas Butler planned to meet with the police chief. He also had to get someone to take down the "No Horns"
signs. The cost of installing more crossing gates "would be prohibitive," he said.
At Brownson Insurance on Albion Street next to the Wakefield commuter rail station platform, Stephen Brownson,
48, said he does not much notice the trains passing 8 feet from his window.
With the whistles starting Monday, he said: "It will be something we'll have to get used to all over again, I'm
afraid."
Terri Benado
tbenado@verizon.net
5/2/2005
VRIS TOWN OF READING 04/29/2005
PPS070-3 Count of Residents By Ward and Precinct
Page 1 of 1
Ward No
Prnct No
Active
Inactive
Non-Voter
Grand Total
0
01
1763
354
947
3064
02
1541
445
820
2806
03
1544
456
704
2704
04
1743
388
984
3115
05
1514
431
709.
2654
06
1686
335
877
2898
07
1638
364
962
2964
08
1637
403
1002
3042
0 Total
13066
3176
7005
23247
Grand Total
13066
3176
7005
23247
-2
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