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Home My WebLink About2009-10-06 Board of Selectmen PacketoFRgo,� Town of Reading y 16 Lowell Street Reading, MA 01867 -2685 63,9.1?, 0 Q0 4� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 1 I_ 1 ' ) TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: October 2, 2009 RE: Agenda — October 6, 2009 4a) As part of the FY2010 Budget discussion at Town Meeting, Town Meeting restored $19,000 to the budget for the Elder Human Services position of Coordinator of Volunteers. I have not filled this position at this point, because of concerns about ongoing fiscal problems with the State and potential affect on aid. Does the Board of Selectmen want me to move to fill this position at this time? Additionally, as part of the Selectmen's budget deliberation, the decision was made not to plow church parking lots in the future. However, with the transition of DPW Directors, we never communicated that information to the churches. My intent, unless directed otherwise by the Board of Selectmen is to inform all of the churches that beginning with the winter of 2010/2011 the Town will no longer plow their lots. This will give them one year to plan for this change. To implement this change now could present a hardship on the large number of churches in Reading. 4b) The Conservation Commission approved a conservation restriction involving the property at 134 Fairchild Drive. The property was previously part of an application for a 40B (Scarano) and the conservation restriction on this property is an outstanding direction. 4c) The Advisory Committee for Cities for Climate Protection will be in to give the Board an update. In addition, Gerry Carpenter who is the Reading Municipal Light Department's energy conservation employee will also be present. 4d) The continued hearing on Personnel Policies is scheduled for 8:00 p.m. Labor Counsel will be present to discuss the language in Article 2 that provides that the Personnel Policies are "guidelines which the Town may or may not follow as it deems appropriate." The purpose of this language is to reinforce the language in the previous policy that indicates that the policy do not constitute a contract. 3 Additionally, I added language on the third line relative to the Selectmen's Mission Statement, Vision and Values as the Board had discussed. 4e) A resident of the Fox Run Lane area of Reading would like the Town to consider plowing the sidewalks on Fox Run Lane. This is a major drop off point for students for the Wood End School. 4f) DPW Director Jeff. Zager will be present to discuss sidewalk snow plowing. The Board previously had a presentation on recommendations for changes in sidewalk snow plowing. What I would like to suggest is that the Board approve policy (I'll have something drafted for your meeting on Tuesday) that would establish a process for making changes to sidewalk snow plowing and that that process be one of the decisions of the Director of Public Works. 4g) Enclosed in your packet is the current program for road projects during this construction season and next. 4i) The Board had previously had a discussion about the potential for a multi -way stop at the intersection of Bancroft and Hartshorn. Since that time the Town has done a number of improvements in the area including the painting of a crosswalk, moving a stop sign, and improving the visibility at the intersection. I ask the Board to view the intersection as it is now and then determine whether or not it wants to move forward with a multi -way stop. 4j) DPW Director Jeff Zager has put together a memo on the solid waste grant that we received from the state. I would expect under this agenda item to have some discussion about what some of the options are that we will look at for our solid waste and recycling collection for the next contract. 4k) Review of Cedar Glen purchase - We've been notified that there is a purchaser for Cedar Glen. Chairman Ben Tafoya and Selectman Camille Anthony will join a group including representatives of the Housing Authority, Community Services staff and Town Counsel to review the proposed purchase. The Town's main interest is in insuring the affordability of this site. PIH /ps 4 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, September 29, 2009 9:58 AM To: Schena, Paula Subject: FW: Board /Committee /Commission Comments I/c Board of Selectmen From: Jacqueline Stord [mailto:j244storti @comcast.net] Sent: Monday, September 28, 2009 10:46 AM To: Reading - Selectmen Subject: Re: Board /Committee /Commission Comments Page 1 of 3 L-1 G jo,�; L Thanks, Camille, for responding to my e -mail. I understand your policy. I don't think I really wanted to discuss the situation. I was just venting after reading the article in the Advocate. Since I have had a passionate dislike to the bollards since the beginning, I just felt the need to throw in my "2 cents worth ". Jackie Storti - - - -- Original Message - - - -- From: Reading -.Selectmen To: Jackie Storti Cc: Reading -,Selectmen ; Schena. Paula Sent: Monday, September 28, 2009 9:00 AM Subject: RE: Board /Committee / Commissi6n Comments Dear Jackie: Thank you for, sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. The Board of Selectmen meeting schedule is posted on the web site at www.readingma.gov. Additionally, each of the members of the Board of Selectmen has a listed home phone number: 9/29/2009 12 Page 2 of 3 Ben Tafoya 781- 944 -3178 James Bonazoli 781- 944 -5116 Camille Anthony 781- 944 -3506 Rick Schubert 781- 942 -1617 Steve Goldy 781 -779 -1773 Thank you again for contacting the Board of Selectmen. Camille Anthony Secretary Reading Board of Selectmen 1/c Board of Selectmen From: Jackie Storti [mailto:j244storti @comcast.net] Sent: Friday, September 25, 2009 6:36 PM To: townmanager @ci.reading.ma.us Subject: Board /Committee /Commission Comments Request From: Jackie Storti Email: i244storti@comcast.net Address: 4 Summit Drive, Unit 418 City: Reading State: Zip: Phone: Organization: Assume this is going to be directed to the Board of Selectmen. My question is "where were you all when the bollards were on the drawing board and when they first were going up ?" I assume you have read and heard the comments from the majority of the towns people that they are "ugly ". I can't believe my tax dollar is 9/29/2009 13 / jy-"I Schena, Paula From: Reading - Selectmen Sent: Friday, October 02, 2009 9:00 AM To: MaryEllen O'Neill Cc: Schena, Paula Subject: RE: CVS Parking Dear Mary Ellen: Page 1 of 2 eb lv% Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. The Board of Selectmen meeting schedule is posted on the web site at www.readingma.gov. Additionally, each of the members of the Board of Selectmen has a listed home phone number: Ben Tafoya 781 -944 -3178 James Bonazoli 781 - 944 -5116 Camille Anthony 781- 944 -3506 Rick Schubert 781- 942 -1617 Steve Goldy 781 -779 -1773 Thank you again for contacting the Board of Selectmen. Camille Anthony Secretary Reading Board of Selectmen 1/c Board of Selectmen From: MaryEllen O'Neill [ mailto :maryellenoneill @hotmail.com] Sent: Thursday, October 01, 2009 9:44 PM To: Reading - Selectmen Subject: CVS Parking Hi Ben, Rick, Camille, James, and Steve,. I read the article in today's Reading Advocate and was dismayed at the news re. the parking in front of CVS. Although I do not usually patronize CVS, I do bring my two dogs and three cats at various times throughout the year to the Middlesex Animal Hospital. There are times when I have 10/2/2009 14 ��z Page 2 of 2 had to go late in the afternoon, on aThursday or Friday, and have had trouble finding a spot near the office. One time last winter I had to park along Main near Haven and curry a sick cat in a cat carrier back down to the vet's office across poorly shoveled and. icy sidewalks. I was very very unhappy. I was never in favor of eliminating reduced time parking in front of the Main Street businesses. Another interest ofmine was Pizza World vvhens one of my sons worked through high school and oo||ege. Two hours in front ofa business vvUena most customers need to run in and run out seemed torne very unreasonable. Having rnuh1p|e units of parking time, from 15 minutes to three hours, does appear to be difficult to enforce. But a generic two-hour limit swings the other way and is detrimental for businesses where the customers come more frequently for shorter periods oftime. Thera is no reason why the Venetian Moon business should ba given the full 'go-ahead to flood the parking spots downtown in the late afternoons and for|nto the evenings. I strongly urge you to allow some 30-rn|nuta spots naarCVB, the Wine Shop, and the Middlesex An|nnn| Hospital and perhaps o haw in the block that includes Ouiznos up to the seafood store. Thank you, Mary Ellen Microsoft brings you e new way tosearch the web. Try ingTm now ` 15 ITUT-4•�� To: Board of Selectmen From: Fran Fink, Conservation Administrator Date: September 30, 2009 Re: Conservation Restriction, 134 Fairchild Drive The Conservation Commission is pleased to submit the attached Grant of Conservation Restriction for your consideration. The site to be placed under restriction is the majority of a 12.2-acre residential lot at the western end of Fairchild Drive. The restriction protects 11.8 acres of the lot. A house has recently been constructed on the remaining portion of the lot. The restricted area is a forested wetland including two Certified Venial Pools that provide endangered species habitat, and also the surrounding wetlands and floodplains. The restricted area directly abuts Town Conservation Lands including Kurchian Woods and Sledge Woods, and also land belonging to Reading Open Land Trust. The Conservation Restriction is required by a condition of the Order of Conditions issued for construction of the existing house on the lot. I have attached a map and aerial photo from the GIS system, along with the site plan to be recorded with the Restriction. The owner and the Conservation Commission have accepted the Conservation Restriction and signed the Grant. We hope that the Selectmen will also vote to accept the Restriction, then sip on page 14, have the signatures notarized, and return the Grant to the Commission. If you have any questions, please contact me in the Conservation office. Thank you for your consideration of this matter. 16 y.6-� Conservation Restriction 134 Fairchild Drive Legend Wetlands (transparent) weuanas Map by: Town of Reading 19- -�" Open Water Open Water Parcels Parcels valid 1/1105. Deep Marsh Deep Marsh Wetlands from MA DEP Buildings Shallow Marsh 1�6 Shallow Marsh Meadow interpreted from aerial Sidewalks Shrub Swamp Shrub Swamp photos taken 5/1/01. Driveway Wooded swamp 2 Wooded Swamp Coniferous ;,! , Buildings, roads, streams, Path 03 Wooded Swamp Deciduous Roads Trail Roads walls etc. from aerial photos taken 4/98. Data are for rTrm Retaining Wall C�3 Wooded Swamp Mixed Trees Bridge planning purposes only. 00000 Wall Bog P Paved 0 360 * x Fence Streams (planimetric) o a 0 Hedge open Water (planimetric) Unpaved 11 M y,�z. GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING We, Kevin J. and Linda S. Simard of 134 Fairchild Drive, Reading Massachusetts, being the sole owners of the land. at 134 Fairchild Drive, Reading, and our successors and assigns (hereinafter referred to as the "Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws of Massachusetts, grant, with Quitclaim Covenants, to the Town of Reading, a duly constituted municipal corporation having its usual place of business at 16 Lowell Street, Reading, Massachusetts 01867, acting through its Conservation Commission, and its successors and permitted assigns (hereinafter referred to as the "Grantee"), by authority of M.G.L.c. 40 §8C, in perpetuity and exclusively for conservation purposes, the following Conservation Restriction on the 11.8 acre portion of a 12.2 acre parcel of land located in the Town of Reading, Massachusetts, said parcel being described as The areas shown as "Conservation Restriction Area" (hereinafter referred to as the "Premises") on portions of the parcel shown as Parcel 1 of Reading Assessors Map 180 (hereinafter referred to as the "Property"), located on Fairchild Drive, and shown on a plan of land entitled Existing Conditions Plan Single Family Residence, Fairchild Drive, Reading, Massachusetts" prepared by Troy, Mede & Associates, signed and stamped by Richard J.Mede, Jr., Registered Professional Land Surveyor, dated September 28, 2008 (hereinafter the "Plan"), said Plan recorded in Middlesex South Registry of Deeds in . Said Premises contain 513,492 +/- square feet according to said plan and are more particularly described as set forth in Exhibit "A" attached hereto and incorporated herein by reference. The boundaries of the Conservation Restriction Area have been staked with stone or concrete bounds as delineated in the above-referenced Plan. For Grantor's Title, see Middlesex South Registry of Deeds Book 51487, Page 4.98 and Book 51487 Page 500. This Grant of Conservation Restriction is required by an Order of Conditions issued by the Town of Reading Conservation Commission on April 13, 200 and recorded at the Middlesex South District Registry of Deeds at Book 51483, Page 37. I. PURPOSES This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherwise by law. The purpose of this Conservation Restriction is: to assure that the Premises will be maintained in its current condition in perpetuity and for conservation purposes, predominantly in a natural, scenic and undeveloped condition; and to prevent any use or change of the Premises that would materially impair or interfere with its conservation and preservation values. These values include the following: W-1 an- Open Space Preservation. The protection of the Premises contributes to the protection of the scenic and natural character of Town of Reading and the protection of the Premises will enhance the open-space value of these lands. Wetlands and Floodplain Protection. The Town of Reading has identified the significance of the Premises for unique wetlands and floodplain resources through an Order of Conditions issued on April 13, 2007, a certified copy of which is recorded at the Middlesex South District Registry of Deeds at Book 51483, Page 37. The open, scenic, and natural condition of the Premises contributes to the preservation of the Town of Reading's unique wetland resources. Protection of Wildlife Habitat and Plant Communities. The Premises contain a wide variety of plant and animal species threatened by development in the Town of Reading. The Conservation Restriction Area serves as a vernal pool habitat and habitat for a multitude of animals and birds and contains several different species of plant and flowers. A purpose of this Conservation Restriction is also to protect the habitat of a Massachusetts Natural Heritage and Endangered Species Program species of special concern. Furtherance of Government Policy. Protection of the Premises furthers the Town of Reading's 2001 Open Space and Recreation Plan, and the 2007 Draft Open Space and Recreation Plan. H. BINDING EFFECT, PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Binding Effect The Grantor covenants that the Premises will at all times be held, used, and conveyed subject to and not used in violation of the following restrictions that shall run with the Property in perpetuity. B. . Prohibited Acts and Uses Subject to the exceptions set forth in subparagraph C below, the Grantor will not perform or knowingly permit the following acts and uses that are prohibited on, above and below the Premises: (1) Constructing, placing, or allowing to remain any temporary or permanent structures, including but not limited to buildings, tennis courts, landing strips, mobile homes, swimming pools, asphalt, concrete or other forms of impervious, pavement, greenhouses, skating rinks, signs, fences, billboards or other advertising displays, antennae and dishes, utility poles, towers, conduits, lines, 2 19 ei C. storage tanks, or other temporary or permanent structure or facilities on, below, through, or above the Premises; (2) Mining, excavating, dredging, cutting, destroying, or removing from the Premises soil, loam, peat, gravel, sand, rock, or other mineral resource or natural deposit, or otherwise make topographical changes in the area; (3) Placing, filling, storing, or dumping on the Premises soil, refuse, trash, yard waste such as lawn clippings, leaves, branches, etc. (other than those naturally deposited in the area), vehicle bodies or parts, rubbish, debris, junk, waste, or any other substance or material whatsoever, whether or not generated on the Property; (4) Cutting, removing, or otherwise destroying trees, grasses, shrubs, brash, or other . vegetation; (5) Conducting activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, plants, wildlife habitat, or archaeological conservation; (6) Using, parking, or storing vehicles including motorcycles, mopeds, all- terrain vehicles, skimobiles, or any other motorized vehicles on the Premises except for vehicles authorized for permitted uses and,vehicles necessary for public safety (i.e., fire, police, ambulance, or other government officials) in carrying out their lawful duties; (7) Disrupting, removing, or destroying stone walls or granite fence posts on the Premises; (8) Using the Premises for residential, commercial, business, or industrial purposes; (9) Using herbicides and pesticides, or using other chemicals or mechanical means which may have an adverse impact upon the plant life or wildlife within the restricted area, except as may be permitted, in writing, by the Grantee for the control of noxious or invasive species, including mosquitoes; (10) Conducting any other use of the Premises or activity, which, in the reasonable opinion of the Grantee, or in consultation with Massachusetts Natural Heritage and Endangered Species Program, would materially impair the conservation or recreation interest or purposes that are the subject of this Conservation Restriction or which are otherwise inconsistent with the express purpose of this Conservation Restriction. Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses 3 20 The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such activities and uses do not materially impair the conservation values or purposes of this Conservation Restriction: (1) Walking, strolling, hiking, skiing, horseback riding, fishing, boating, cross- country skiing, ice skating, or other similarly passive, non - motorized, and non- mechanized recreational activities in the Premises that do not materially alter the landscape, or do not degrade environmental quality; (2) Selective de minimus pruning and cutting of trees and shrubs in accordance with generally accepted forest management practices for fire prevention or to remove hazards, to control disease and insect damage, to remove fire damage or to preserve the present condition of the Premises, including vistas, woods roads, fence lines, trails, and meadows, provided, however, that said activities* shall be undertaken only with the reasonable consent of the Grantee; (3) Creating and maintaining additional narrow unpaved walkways, paths and trails in the Premises, provided, however, that said activities shall be undertaken only with the reasonable consent of the Grantee; (4) Installation.of Water Wells, provided, however, that said activities shall be undertaken only with the reasonable consent of the Grantee; (5) Maintaining of existing stone walls in the Premises; (6 1 The erection, maintenance and replacement of signs identifying the Grantee as holder of the restriction and to educate the public about the conservation values protected and any limitations relating to public access (the location of such signage to be subject to the reasonable approval of the Grantor); (7) The erection, maintenance and replacement of fences, gates and signs to protect the Premises from unauthorized use, provided that the design and location thereof is approved by the Grantee and such use does not interfere with allowed uses of the Premises; (8) The erection, maintenance and replacement of a small structure ( not to exceed 12 feet by 12 feet in size and subject to all applicable state and local permits) and benches to facilitate the use of the Premises for passive recreation, provided, however, that said activities shall be undertaken only with the reasonable consent of the Grantee; (9) The planting of indigenous plant species, provided, however, that said activities shall be undertaken only with the reasonable consent of the Grantee; �r� 4 21 (10) The subdivision of the Premises into more than one parcel after the effective date of this Conservation Restriction may be permitted with the approval of the Grantee, such approval not unreasonably withheld or delayed. Any such subdivision shall be configured so as not to materially impair the conservation values and purposes of this restriction. Any successor in title to the subdivided parcel created and subsequently conveyed under the terms of this paragraph shall be subject to the Conservation Restriction to the same extent as if no subdivision has been made. (11) With the prior written permission of Grantee, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species; The exercise of any right reserved by Grantor under this Paragraph C shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. Whenever notice to or approval or consent by the Grantee is required under the provisions of paragraphs A, B, or C, the Grantor shall notify the Grantee in writing not less than sixty (60) days before the date the Grantor intends to undertake the activity in question, with the exception of those described in paragraph K C. (1) and (5) above. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to the activity's consistency with the purposes of this Conservation Restriction. The Grantee, upon 48 -hour notice and between 9:00 a.m. and 8:00 p.m. Monday through Saturday, may perform an inspection before granting or withholding approval or consent. Where the Grantee's approval or consent is required, the Grantee shall grant or withhold the Grantee's approval or consent in writing within sixty (60) days of receipt of the Grantor's written request therefore. The Grantee's approval or consent shall not be unreasonably withheld, delayed or conditioned but shall be granted upon a showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction. Failure of the Grantee to respond in writing within sixty (60) days shall be deemed to constitute approval and consent by the Grantee of the request submitted. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall include the right in the Grantee to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to its condition before the occurrence of the violation (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to 5 22 1 and not a limitation of any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. The Grantee agrees to cooperate with the Grantor for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided the Grantor ceases objectionable actions and the Grantee determines that there is no ongoing diminution of the conservation values of the Conservation Restriction. B. Cost of Enforcement . The Grantor and thereafter the successors and assigns of the Grantor agree to reimburse the Grantee or otherwise bear the costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate, or correct any violation, provided that the Grantor has been found to be in violation by a court of competent jurisdiction or agrees to the violation. C. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the manner and timing of the Grantee's right to enforce this Conservation Restriction or otherwise exercise the Grantee's rights hereunder shall not be deemed or construed to be a waiver of any such rights. D. Grantee Disclaimer of Liability By the Grantee's acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or the Grantee's agents. E. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's reasonable control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises or Property resulting from such causes. IV. ACCESS: The Conservation Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Property, except as follows: The Grantor hereby grants to the Grantee, or the Grantee's duly authorized agents or representatives, an easement of access to enter the Property upon reasonable notice and at reasonable times and in a reasonable manner for the purposes of inspecting the Premises to 6 23 determine compliance herewith, enforcing the restrictions herein, remedying any violation thereof, and inspecting the Property before granting or withholding approval of the acts and uses as more fully described in Section II.C. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be reasonably necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. Reasonable time shall be Monday through Saturday between the hours of 9:00 a.m. and 8:00 p.m. V. COSTS, LIABILITIES, TAXES The Grantor shall pay, before delinquent, all taxes, assessments, fees, and charges levied on or assessed against the Property by a competent authority, and, except for such charges as may be imposed by the Town of Reading, shall furnish the Grantee . with satisfactory evidence of payment upon request. VI. ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Property in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor while holding any interest in the Property. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor on behalf of the Grantor and the Grantor's successors and assigns appoints the Grantee as the Grantor's attorney-in-fact to execute, acknowledge, and deliver any such instruments on the Grantor's behalf. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns agree to execute any such instruments upon request. C. Running of the Benefit The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances: (1) As a condition of any assignment, the Grantee shall require that the purpose and terms of this Conservation Restriction continue to be carried out; (2) The person or entity to whom the Grantee intends to assign the Conservation Restriction, at the time of the assignment, shall qualify under Section 170(h) of the Internal Revenue Code of 1986, as amended or any successor statute, and applicable regulations thereunder, and is a donee eligible to receive this 7 tl , 24 Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws, as amended or any successor statute; and (3) Any assignment shall be in compliance with the provisions of Article XCVII (97) of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor shall incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which the Grantor divests any interest, including pursuant to a lease, in all or a portion of the Property. The Grantor shall notify the Grantee in writing within 20 days of transfer if the Grantor conveys the Property or any part thereof or interest therein (including pursuant to a lease). Failure to do so shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after the Grantor's ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and maybe held responsible for any continuing violations. VIII, ESTOPPEL CERTIFICATES . Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, that certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction. IX. NON MERGER The Grantor and Grantee intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that the Grantor will not grant, and the Grantee agrees that the Grantee will not take title, to any part of the Premises without having first assigned this Conservation Restriction to ensure that merger does not occur. f D I 1 1 If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction which shall be subject to the approval of the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Art. 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. Any Amendments shall be consistent with the purposes of this Conservation Restriction and maybe made to clarify any ambiguity, correct any error or oversight, or where there is a net gain in any conservation w 25 Rio value. Any amendment shall be consistent with the purposes of this Conservation Restriction and shall not affect its perpetual duration. Any amendment shall be recorded in the Middlesex County (Southern District) Registry of Deeds. XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed the Conservation Restriction; the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained; and the Conservation Restriction has been recorded in the Middlesex County Registry of Deeds, or if registered land, has been registered in the Middlesex County Registry of Deeds. XII. RECORDATION The Grantor shall record this instrument in a timely fashion in the Middlesex South Registry of Deeds. XIII. NOTICES Any notice,* demand, request, consent, approval, or communication that either the Grantor or the Grantee desires or is required to give to the other shall be in writing and either served personally or sent by first-class mail, postage pre-paid, addressed as follows: To Grantor: Kevin J. and Linda S. Simard 134 Fairchild Drive Reading, Massachusetts 01867 To Grantee: Town of Reading Conservation Commission 16 Lowell Street Reading, Massachusetts 01867 or such other address as either the Grantor or the Grantee from time to time shall designate by written notice to the other or that is reasonable ascertainable to the Grantor or Grantee. XIV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction I Notwithstanding any general rule of construction to the contrary, this Conservation Restriction shall be liberally construed in favor of the grant to effectuate the purpose of this Conservation Restriction and the policies and purposes of Massachusetts General Laws, Chapter 184, and Sections 31-33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability if any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement between the Grantor and the Grantee with respect to the Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating t . o the Conservation Restriction, all of which are merged herein. XV. NUSCELLANEOUS A. Pre-existing public rights.' Approval of this Conservation Restriction pursuant to Massachusetts General Laws, Chapter 184, Section 32, by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. 10 eA WITNESS our hands and seals this 17'h day of September, 2009 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this 17th day of September, 2009 before me, the undersigned Notary Public, personally appeared Kevin J. Simard and Linda S. Simard, proved to me through satisfactory evidence of identification, which were personally known to me to be the person(s) whose name(s) is/are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose. Printed name of Notary Public My Commission Expires (date) (Place Notary seal or stamp above.) KAREN A. CATINO Notary Public Commo nweafth of Massachusafts My Commission Expires May 9,2014 I ACCEPTANCE OF GRANT BY CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on Se4AQ�,f Q Wthe Conservation Commission voted to accept the foregoing Conservation Restriction by authority of Massachusetts General Laws, Chapter 40, Section 8C and pursuant to Massachusetts General Laws, Chapter184, Section 32, and agree to be bound by its terms. Dated:. CoAssioner Dated: V Commissioner Dated: �o. , zy Comipsion Dated: 0"� Commissioner Dated: qW /.;Lc)()q 'iim 5NALn .Commissioner Dated: Commissioner Dated: Commissioner COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of before me, the undersigned Notary Public, personally appearedw(nTf+cf,-,k,:�t�-5(-", 7- -0 IJ416-3 V,- 04---erl-q' / j"-/ ---ii vr"Jrt- 0 /-�;cg-�c)--,,prAedtome ough satisfactory evidence' of identification, Gvhich was/were _-,�,.5z�-nCLZGLJ- _y( 0`L-\- J-- to be the person(s) whose name(s) Vs/are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members of the Reading Conservation Commission. —Gilq Le-'-4 Signature of Notary Public Printed name of Notary Public My Conuf&sion Expires (date) 12 29 4 Vql APPROVAL OF GRANT BY BOARD OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of Reading, Middlesex County, Massachusetts, hereby certify that at a meeting duly held on the Selectmen voted to approve the foregoing Conservation Restriction by authority of Massachusetts General Laws, Chapter 40, Section 8C and pursuant to Massachusetts General Laws, Chapter184, Section 32. Dated: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of , before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was /were to be the person(s) whose names) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members of the Reading Board of Selectmen. (Place Notary seal or stamp above.) 14 31 Signature of Notary Public Printed name of Notary Public My Commission Expires (date) L4 'k\� Selectman Dated: Selectman Dated: Selectman Dated: Selectman Dated: Selectman COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of , before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence of identification, which was /were to be the person(s) whose names) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose as members of the Reading Board of Selectmen. (Place Notary seal or stamp above.) 14 31 Signature of Notary Public Printed name of Notary Public My Commission Expires (date) L4 'k\� APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, has found that in light of the topography, wetlands, vernal pools, -the Town of Reading's zoning and wetlands bylaws, and ownership of much of the abutting land by the Town of Reading or other conservation owners, the desire of the parties to protect the Premises, and the Town of Reading's ability to monitor and enforce the Premises and therefore hereby certifies that the foregoing Conservation Restriction to the Town of Reading has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: Secretary of Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this day of , before me, the undersigned Notary Public; personally appeared proved to me through satisfactory evidence of identification, which was /were to be the person(s) whose name(s) is /are signed on the preceding or attached documents, and acknowledged to me that he or she signed it voluntarily for its stated purpose. (Place Notary seal or stamp above.) 15 32 Signature of Notary Public Printed name of Notary Public My Commission Expires (date) a ACKNOWLEDGEMENT BY THE MA DIVISION OF FISHERIES AND WILDLIFE This grant of Conservation Restriction set forth above to the; Town of Reading acting through its Conservation Commission by Kevin J and Linda S. Simard is acknowledged this - day of , 2009. The MA Division of Fisheries and Wildlife (DFW) acknowledges the reserved rights and obligations of the Division set forth herein. Wayne MacCallum, Director or Jack Buckley Date: COMMONWEALTH OF MASSACHUSETTS On this - day of 2009; before me, the undersigned notary public, personally appeared 1, proved to me through satisfactory evidence of identification, which was personally known to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose as of the Commonwealth of Massachusetts Division of Fisheries and Wildlife. SEAL Notary Public My commission expires: 16 33 EXHIBIT A GRANT OF CONSERVATION RESTRICTION TO TOWN OF READING Starting at the northeasterly corner of the Property located on Fairchild Drive, and shown on a plan of land entitled "Existing Conditions Plan, Single Family Residence, Fairchild Drive, Reading, Massachusetts" prepared, by Troy, Mede & Associates, signed and stamped by Richard J. Mede, Jr., Registered Professional Land Surveyor, dated September 28, 2008 (hereinafter the "Plan"), said Plan recorded in Middlesex South District Registry of Deeds in and thence running: S 14 °08'46" E a distance of 89.54 feet; thence turning and running S 03'20'14" W a distance of 23.11 feet; thence turning and running S 11 °46'54" W a distance of 105.47 feet; thence turning and running S 14 °07'54" W a distance of 277.97 feet; thence turning and running S 17'47'18" W a distance of 98.75 feet; thence turning and running N 26'14'07" E a distance of 144.16 feet; thence turning and running N.38 °00'00" W a distance of 104.00 feet; thence turning and running N 11 °01'36" W a distance of 71.43 feet; thence turning and running S 78 °14'20" W a distance of 65.00 feet; thence turning and running S 35 °55'55" W a distance of 52.70; thence turning and running S 61 °32'06" W a distance of 30.00 feet; thence turning and running S 28 °47'22" E a distance of 65.63 feet; thence turning and running S 28 °32'27" E a distance of 175.21 feet; thence turning and running S 00'55'16" W a distance of 295.87 feet; thence turning and running S 77'43'30" W a distance of 614.40 feet; thence turning and running S 18 °55'08" W a distance of 28.45 feet; thence turning and running S 02 °05'52" W a distance of 57.39 feet; thence turning and running S 17 °12'22" W a distance of 44.02 feet; thence turning and running S 12 °47'02" W a distance of 60.00 feet; thence turning and running S 23 °04'52" W a distance of 104.38 feet; thence turning and running S 10 °03'02" W a distance of 26.78 feet; thence turning and running S 00 °15'48" E a distance of 91.04 feet; thence turning and running S 05 °05'58" E a distance of 21.72 feet; thence turning and running S 01'03'22" W a distance of 13.54 feet; thence turning and running 17 34 S 05'38'22" W a distance of 139.98 feet; thence turning and running S 06'18'52" W a distance of 136.59 feet; thence taming and running N 07'30'29" W a distance of 120.59 feet; thence turning and running N 06'35'49" W a distance of 60.62.feet; thence turning and.running N 24'49'38" E a distance of 90.86 feet; thence turning and running N 25'43'29" E a distance of 60.48 feet; thence turning and running N 12'49'47" W a distance of 102.87 feet; thence turning and running N 11'03'05" W a distance of 96.10 feet; thence turning and running N 18'36'48" E a distance of 41.87 feet; thence turning and running N 06 °31'40" E a distance of 42.26 feet; thence turning and running N 20'15'06" E a distance of 152.23 feet; thence turning and running N 85'35'26" E a distance of 32.33 feet; thence turning and running N 80'08'14" E a distance of 105.05 feet; thence turning and running S 74'05'51" E a distance of 142.47 feet; To the point of the beginning. The Conservation Restriction Area contains 513,492 +/- square feet of a 12.2 acre Property according to said plan. 1103036.10 18 l/� 35 TOWN OF READING, MASSACHUSETTS PERSONNEL POLICIES ARTICLE 1: AUTHORIZATION The following policies are adopted by the Board of Selectmen pursuant to their authority under Section 3 -2 of the Reading Home Rule Charter, and under Article 4.7 of the Bylaws of the Town of Reading. ARTICLE 2: STATEMENT OF PERSONNEL PHILOSOPHY The Town of Reading has as its goal the provision of excellent, cost effective and efficient services in a manner that is honest, ethical and fair to residents and employees. The Town through the Board of Selectmen has adopted and may periodically amend a Mission Statement, Vision, and values that are expected to guide the behavior of Town employees The Town Manager will inform new employees and remind ongoing employees of these important statements. Quality of service and excellence in customer service are the Town's standards, and acting through the Town Manager, the Town has the right and responsibility to plan, direct and control the Town's business, operations and workforce to achieve these goals. In exercising these rights and responsibilities, the Town has developed and adopted this Personnel Policy. THIS PERSONNEL POLICY, AND OTHER RULES AND REGULATIONS THAT MAY BE ADOPTED FROM TIME TO TIME AND THAT ARE AVAILABLE FROM THE TOWN MANAGER, ARE GUIDELINES WHICH THE TOWN MAY OR MAY NOT FOLLOW AS IT DEEMS APPROPRIATE. bkiding:upen Tow employees and the Town. THESE GUIDELINES ARE NOT INTENDED TO AND DO NOT CREATE A CONTRACT OF EMPLOYMENT BETWEEN THE TOWN AND TOWN EMPLOYEES. THESE POLICIES MAY BE UNILATERALLY MODIFIED BY THE TOWN THROUGH A PUBLIC HEARING WITH THE BOARD OF SELECTMEN. The purpose of this statement is to develop a personnel philosophy for employees of the Town of Reading in order that the Town may strive to. attain its goals. ♦ Town personnel will be hired on the basis of qualifications only. ♦ The Town will strive to pay salaries that are equitable in relation to the complexity and responsibility of the work performed, and to maintain comparable pay for comparable work within the Town workforce. ♦ The Town will strive to maintain a competitive position in the employment market and thereby attract and retain competent employees. ♦ The Town will strive to stimulate and reward high -level performance. The Town will provide an orderly program of salary policy and control. ♦ Employees will receive a copy of the current job description and Personnel Policies when they are hired. When such job descriptions and /or policies are developed, revised or adopted, each affected employee will receive written notification. ♦ Employees will be encouraged to develop professionally to the extent of their interest and capability and the needs of the Town. (See Section 9.17). 36 ��1 * Responsibility within a Department or Division will be delegated to the minimum level at which the task can be accomplished. o Current employees will be made aware of job openings. In -house promotion and /or transfer will be considered where it would be of benefit to the employee and the Town and consistent with Affirmative Action policies. o Over: staffing will be avoided. Temporary peaks in workload will be filled, where possible, with temporary help. Regular staff will be the minimum needed to meet normal work - loads. All staffing is subject to availability of funds. ® Employees are entitled to know what is expected of them in their job and to have their job performance periodically evaluated by their supervisors.. A personnel performance plan based on a written job description will be developed with each employee. s Where possible, or where desirable, staff will be shared between Departments and/or Divisions to provide the most effective use of staff. ® Employees will be encouraged to learn as much as possible, about the functions of their Department or Division so that they may temporarily fill other positions as needed. o Where possible, local residents will be hired for part-time and seasonal work with the Town. s The Town and its employees will not discriminate in any way against employees or members of the public on account of membership or non - membership in a union, on account of race, political activity, religion, creed, color, national origin, gender, age, sexual orientation, physical handicap or life - threatening illnesses. ® The Town will develop, implement and maintain a positive affirmative action program to prevent discrimination, and the Town and all of its employees will carry out the policy. 37 ��v (7/1 /D Hearing — Personnel Policies — Vice Chairman James Bonazoli read the hearing notice. Human Resources Administrator Carol Roberts noted that an Employee Committee consisting of non -union employees and one union (all unions were invited) reviewed the policies. She also noted that the Town Manager made changes and Town Counsel reviewed and made changes. Selectman Stephen Goldy suggested adding to Article 2 the philosophy of the expectation to improve customer service levels. Chairman Ben Tafoya suggested adding that in the future. Selectman Richard Schubert noted that the Town's goal and visioning is a separate document but related, and thinks it's a good point to bring up. Selectman Stephen Goldy noted that he would like to set the standard and incorporate in the future. Selectman Camille Anthony indicated that the Mission, Values and Goals could be a Preface of the Personnel Policies. Selectman Camille Anthony asked if Town Counsel had any issues, and Carol Roberts indicated that the section on life threatening illnesses was removed, and the section on the military was updated. Town Engineer George Zambouras noted that he served on the Employee Committee and he has concerns regarding the language that is being added in Article 2 that states the Town may or may not adhere to this policy. Basically, the Town wants employees to adhere, but the Town doesn't have to adhere. This is not fair to employees. GIS Coordinator Kim Honetschlager noted that she also served on the Employee Committee. She also noted that language was added to Article 2 by Counsel at the end of the process, and indicated that this language nullifies the policy. She also noted that the committee spoke at great length with the Town Manager regarding the change in sick leave from 15 to 12 days per year. She stated that the sick time doesn't accrue fast enough for employees to join the Sick Bank right away, and this is an important safety measure for employees. Selectman Camille Anthony noted that she didn't realize the reduction on sick leave was a problem, and she didn't understand why the language is being added in Article 2. She requests that Labor Counsel come in to explain Article 2. Selectman Stephen Goldy asked why the sick time is being reduced, and the Assistant Town Manager noted that this was discussed with the employees as part of the Pay and Class Study last year. The unions are also reducing sick time. Chairman Ben Tafoya indicated that he would like Labor Counsel to come in for a brief discussion regarding Article 2. A motion by Goldy seconded by Schubert to continue the hearing on the Personnel Policies to October 6, 2009 at 8:00 p.m. was approved by a vote of 5 -0 -0. � A3 Recommended Sidewalk construction and Sidewalk snow plowi g . modifications Note from Walkable Reading - if deciding WhICtI side or the street to prow, do we sidewalk on north side - better sun 10/2/2009 Wel Ut Elem School Proposed Action- Street Location District Comment Haverhill to 11 Add sidewalk plowing Franklin Street Main Wood End School route east side - Eliminate sidewalk Knollwoqd to School District plowing I Eliminate sidewalk Main Street Summer Charles to Joshua Eaton changed School District plowing - Pearl Street Baker Killam changed Salem to Add sidewalk Walkers Brook completes walking plowing John Street Drive Killam route Add sidewalk West side of Enos to connects isolated plowing West Street Selfridge Barrows neighborhood west side - Add sidewalk Summer to makes plowed plowing Main Street Hopkins Joshua Eaton sidewalk continuous west side - Add sidewalk Hopkins to completes walking plowing Main Street Stoneham Joshua Eaton route. west side - connects to high Add sidewalk South to Border demand commercial plowing West Street Road Joshua Eaton location nort side - Eliminate sidewalk Lincoln to unnecessary - other plowing Prescott Summer Joshua Eaton side is plowed Note from Walkable Reading - if deciding WhICtI side or the street to prow, do we sidewalk on north side - better sun 10/2/2009 Wel Ut R Completed Est. FRANKLIN STREET GROVE ST SUNSET ROCK LANE Est. Status Const. Street Name From To Cost Started Date SCHOOL STREET DUDLEY ST MT. VERNON $25,000 R Completed Summer /Fall 2009 FRANKLIN STREET GROVE ST SUNSET ROCK LANE $400,000 Summer /Fall 2009 SCHOOL STREET MIDDLESEX AVE DUDLEY ST $20,000 Started Summer /Fall 2009 SCHOOL STREET DUDLEY ST MT. VERNON $25,000 Summer /Fall 2009 LINCOLN STREET WOBURN ST WASHINGTON ST $75,000 Summer /Fall 2009 SANDRA LANE JOSEPH WY WILLIAM RD $49,000 Summer /Fall 2009 SOUTH STREET MAIN ST TOWN LINE $61,000 Summer /Fall 2009 SCOTLAND ROAD WEST ST SUMMER AV $97,000 Partial In -house Spring 2010 PINEVALE AVENUE MAIN ST END $30,000 Micro Seal Spring 2010 HOPKINS STREET MAIN ST WAKEFIELD TOWN LINE Micro Seal . Spring 2011 Other Streets Pending Evaluation Micro Seal Subtotal $50,000 Estimated Construction Cost $807,000 Page I of I Schena, Paula From: Zager, Jeff Sent: Friday, October 02, 2009 12:11 PM To: Schena, Paula Subject: FW: Skim Coats Here is the list of streets we hope to pave / skimcoat this year for the Selectmen's package. Jeff From: Zager, Jeff Sent: Monday, September 28, 2009 9:51 AM To: Hechenblelkner, Peter Subject: FW: Skim Coats Peter: FYI Currently doing the prep work on these streets & hope to start skimcoat paving later this week Jeff From: DeBriqard ., Mike Sent: Friday, September 25, 2009 1:02 PM To: Zager, Jeff Cc: Zambouras, George Subject: Skim Coats Jeff This is the order we hope to do. One side of Pilgrim One side of Barrows Tamarack Small section of Hanscom Lewis Mike u�� 10/2/2009 41 4h. Na EIN Reading Department of ]Public Works Management Studv Imnlementation Strategy DRAFT Issue Division Responsible party/ Action Action _ w o ee eat � R•+ ��= H H A o Personnel t X Paylclass�fication study un Salary Levets .z }X . ,, X -E w track Performance Evaluation Training - Technical X X X X X X X = X X 1` 7NIS program will need process to esfabhs'h needs Licenses, certtfications, etc can be done thru 1Vlums training module worlang wifli IuinanResourees License /Certificahon:grid.has been: " created far evez yDPW employee noting license re uiremeI ts::and a irahons ;; _ X X X X X X X Discussion between 2 people (Supervisors and Employees) Training — Supervision X X not tied into pay for performance m the DPW. Supervisors also are to,meef with employees, either hi- annually or annually fotr supervision, guidance, and -= mentormg" X X X X X X Review potential of "internal" training group in addition to Training - Safety NM Committee via Carol Roberts. T'erformaiice Evaluations X fiatie X X, X X M-11 fo rill itin 1'ementaton Codrdinate- Normal titnmg r y p ..� - 3 r ai 1Roberts o Traitnn o Eyaluationmeans foi. 0 � -- supervlsos and employees U'mon evaluations completed � - G butllave i10 coin _ensatlonncentives n X X Review detemune what is needed, and work to Union Contracts X X X X X X X contracts, accomplish durmgnext round of negotiations. Will begin m Eall 2009 T>uratron:and contract change, strategies bein anal zed Look for increase m p roductivi g Y "otential's _ - - X X X X Long -Term: Concept of Division within DPW Utilize WS Supervisors' X (Environmental responsibilities i.e. Water Experience copse - vation/Quaiity, Wastewater, drainage, etc) 10/2/2009 1 of 7 -tom w Reading Department of Public Works Management Study Implementation Stratelzy DRAFT Issue Division Responsible party/ Action Action � ... a�i Q j P - Short -Term: -- Water - conservation program coordinator/Recycling Coordinator Clean-up /organize, secure DPW facility (materials storage, landscaping, scrap metal, security fencing, etc) f' Downtown square area responsibility for snowplowing and .- removal. (sidewalks, bollards, concrete) Water Supply /Treatment Supervisor future combined position. Succession X X X X X X - X X Establish a list of all personnel from Foreman to the Dir. -_ Establish likely retirement dates. Utilize performance _ = evaluations to determine likely in -house promotions to fill = ; positions. Think about "outside candidate" succession potential strategy. (ongoing). Lack of appreciation of X X X X X X X X X Work with staff and local <media to highlight projects and DPW accomplishments; highlights at all staff zneetmgs During Dep t IVleetings, division projects are highlighted and = employees recognized for outstanding, employee -_ accomplishments Potential Globe MedialSund... 4r:04 updates,. as weell as local :press involvement will b .-M. on'o n and taitored.to s ecific-nedia >a .co �y 4 euess /2/2009 2of7 •tA Reading Department of Public Works Management Study Implementation Strategy DRAFT Issue Division Responsible party/ Action Action Cn �.50 M •1..1 N WJ \ Got �I i'q Q -W Finance , *f, , -�,� X X Obtaznmgacashsagzster, ns .- InternalControfs�:�,__ }: � t r-F ; . _ rg DP�Admin_Office Gazl'Lapointe h 1 .� , .: � � ;; 3 r� and - -� Fixed Assets = X X Revisit with DM for more details and check with Gail =_ I Lapointe re: potential in -house system in-place. Inventory Control f , - X i Iraele rnventory ofVain barrels aicl recyelzng baps .: L �' r _ i hruMkeO'I3alloran Com�'le #e On t i f. - -; O n - : ' X X X Bualuate options �vzthFinance Director}(DPW Collections done by , � r ; remauL wiih;DP: collec�or}soffice :..._. ,... ' , ,..; :.._ Collectiiops.wdl ...Com ,,lets . Technology r 'EN E X X X X _ Review -of publicationsWor� with Y Technolo gY: Y, ; # I7lvzszo toga M ( NA Y, newsoftwarethardware'is u � . _ ual Reeenrchased H through IT for a�pro ) y p f i, 115, L _ _ and:hardware =11Z ctbsoft Prd'ect �CADA are g t he Technoia DYVislon Com Iete - - ebsite.naamtenarice r � X on Staff has been assigned Deb Mal isc►n/Jane Kinsella y f. u dates are on om Com Iete- GIB X Determine whether GIS shouldt go into Engmeeruig or x A � , Planning :Remains �zth Finance (Informahou r 1 Technolo Plamm�g/trackzng a X X X Evaluate software options, wtth review and approval fro m the Technology Division, and urchase a planning softwaro ._ . �'; ��.- �i0/2/2009 3 of 7 .p to Reading Department of Public Works Manal4ement Study Implementation Strategy DRAFT Issue Division Responsible party/ Action _ arid traclang'so$ ware Purchased 1YIicrosoft Pro,ect ui n.07 me.e' to Bess ere.tr'amedAon NIP NO- Bane X rfpro�ect. Bel ont St W - r drldxt�onal, Format" Com leis ro sets m "Summa_ :' Work -order process X Coordinate with Mums programs as app dtions.,c =on-line. Customer Servxce t X to Customer Satisfaetloa Surveys caids to be gt den out ail andD1'W,garage. Co, _lets custolners=atDPW office Citizen Request system = X X Bob LeLacheur researching a town -wide approach (i.e. VTH program: Customer Service Module). 012/2009 4of7 Reading Department of Public Works Management Study Implementation Strategy DRAFT .p CP Issue Division Responsible party/ Action Action Ln o a tin c� F4, a o a .4-j iq Q Ir-r Q 'ZI icy I.. Operations r M am Mimi Muhl b1ddulg foF r : W�Il bid all mtemal con#rac�smuLti ear =: ear tth� y year i rz - Emil G h ion and analy2e resin #s � Cori -late ! _F .r...x � years 1.0 y -� f -. V. eduL4S- a�d`Ar.nY 1.JV�eL.da:03'1V �F: Performance = X X X RevisrtwlthMRI;. Peter HechetbleiIaierwdlfoilow.up: Measurement . - from ICMA seminar There was a presentatnn'at ti`4 semmar Ongoing developmentwiih::Supervisors and :: �;; :union :. ersonnel:: ;,} X Meet vntl�lvision supervisors (related to use of p a ... __ '_ ... ,r F j equipment, drew up written SOP for -other Divistofis ,: x � � � t ,Tim:Richardson k use of equipment) Excellent ongosng s, _ t -: r - x � � t { coordmation/cooperation muse of equupment :and J � _ w of P,1t/.Public , :j . X � w dAvdomca�tme i rvisors l e ..Asst _ _ent : Irnes fo ; _ '�;' : � ; b/Ay Asiossn i sStuapnet satnrda�ttvive BMeeinet g ciotho'rCdhinroantecd romusaitbion it ies� ?,; . .,.. Engineering Staffing X = ;. X. Evaluate inhouse staffing vs consultant George Zambouras to `re are staffin -anal ;.sis .. Com fete. Capital Improvement X X X X X X X X X Develop with Staffznvoluement, Resporisibihty of Plan supervisors with potential input /mvolvemenf from all.. :Y At e m ,lo ees'for m of as well Cou► ,lefe:_ Equipment Maintenance X X Evaluate staffing, facility, central fleet maintenance. Short -term: Install twin post lift in 3'd bay (currently weld shop) to service all cars, light trucks, etc. F Increase coordination/out- sourcing fire department vehicles to increase work bay efficiency. X10/2/2009 5 of 7 G.� -P Reading Department of Public Works Management Study. Implementation Strategy DRAFT Issue Division Responsible party / Action Potential utilization of portable lifts at specific times _ - and location. _ = General clean -up and organize work area. _ Long -term: Continued ongoing research on privatization potential. Nothing comparable in area _= to date. Continued research regionalization concept (State Regionalization Advisory Committee, 19 members, = report due 4/30/2010). Cemetery Staffing X X Evaluate Staffing Complete Fates Emergency X Includedln current conitaot Complete " r CaIlback -` ForestryEgtnpment ; rRe lace Chi er Log Truck &Aerial -rift p Pp r Recreation Center X X X X X X Investigate options — No action taken yet, long -term; ongoing analysis. �C—+0/2/2009 6 of 7 13 Reading Department of Public Works Management Study Implementation Strategy DRAFT Issue Division Responsible party/ Action Action CU E W DPW Director x Ae.4� now every held staff; a ve al Ways:. een* Add- s 0 "A lso, e xt ernal c99,4c-,K with various ,-.E. highway.. q, eyi sewer, professional or- ganizations to ... elssues. Involvement with X ............. ..ft#s. (ongoi4g.daily operations 0 d to high community fiw � Field visits twice daily io checkstatus of projects; work areas, and specific gin -4. i. : s 201n Town Manager Communication Search for DPW x 8 successor - ......... Successor :�, --- 10/2/2009 7of7 T� �.. t' ` S_ gal r` xr�,4_+ � , _ � s-`, . "ri j _�� (', R " � i r�`a-. St.s_S;.f � }ks "s. Fax: (781) 942-5441 Website: www.ci.reading.ma.us MEMORANDUM TO: Peter Hechenbleikner FROM: Jeff Zage r 11/1- DATE: September 28, 2009 RE: Solid Waste and Recycling Contract Assistance Grant PUBLIC WORKS (781) 942_9077 In July of 2009 the Department of Public Works applied for the MassDEP , FY20 10 Municipal Sustainability Grant for the project entitled Solid Waste and Recycling Contract Assistance. On September 3, 2009, DEP awarded the Town 80 hours of hands- on assistance by a Municipal Assistance Coordinator. Sharon Kishida will be the Town's coordinator for the project. Sharon has been the Town's Liaison with DEP for recycling related issues for many years. Her experience will be invaluable as we proceed with our next rubbish and recycling contract. She will assist in the preparation of a RFP/Bid document for solid waste and recycling collection, and the evaluation of the responses to the RFP/Bid. Our goal is to have a* contract in place that provides maximum service at minimum cost. , By utilizing Sharon's expertis . e in solid waste/recycling contract analysis, we will be better able to evaluate our current programs, while simultaneously reviewing enhancements that will provide solid waste disposal and recycling program alternatives. She will research new programs and cost information from other communities to identify program options best suited for the Town, including research analysis of a regional/multi-community contract approach. The grant is valued at about $8000. The plan is to initiate the project this fall with a kick-off meeting to discuss completion time tables and anticipated program expectations. 53 4S Board of Selectmen Meeting July 21, 2009 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 7:05 p.m. in the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hecheribleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Human Resources Administrator Carol Roberts and the following list of interested parties: Paul Feeley (Daily Times Chronicle) and Sheila Clarke (Fall Street Faire). Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Stephen Goldy mentioned that the Fall Street Faire planning was going along very well. Vice Chairman James Bonazoli reminded everyone about the upcoming Reading Recreation 5K Road Race. Selectman Richard Schubert discussed the Instructional Motion by Town Meeting concerning the Cemetery Building needs. Selectman Camille Anthony asked for an update on the proposed Municipal Building Committee (MBC). Chairman Ben Tafoya attended a recent Library Trustees Meeting to discuss the buildings. and facilities aspects of the Library including the proposed MBC. He also mentioned that Board of Selectmen input was welcome for the 40R project. Town Manager's /Assistant Town Manager's Report The Town Manager gave the following report: • Farm Stand — Open Tuesday afternoons at Depot. • MSBA audit of RMHS project — Goal to reduce property taxes due to debt exclusion. • West Street Historic District needs members. • Tennis Court — Painting has begun • Handicap ramp on Birch Meadow Drive being installed. • Washington/Prescott Street intersection being revised with curb and sidewalk installation. • Town has received another $20k for the Water Fund from the MTBE settlements ($740k to date). • Brick crosswalks being installed Downtown. • Ash Street repaving is complete. • DOR Municipal Law Seminar is in September. • September 13th — Fall Street Faire. W Board of Selectmen Meeting — July 21, 2009 — Page .2 Discussion/Action Items Approval of Special Beer License — Octoberfest - Shelia Clarke of the Fall Street Faire Planning Committee reviewed the progress to date for the first Reading Fall Street Faire on September 13th. She described plans for a mini - Octoberfest to be held either between the wide alleyway adjoining the CVS lot, or possibly on the Reading Co- Operative Bank lot. Plans include small samples from `micro- brewers.' The idea is to add an event that would interest more than the typical family activities seen at many functions in Town. Personnel Policies — Human Resources Administrator Carol Roberts reviewed the Personnel Policies with the Selectmen, well in advance of a formal hearing tentatively set for September. Proposed changes to the Policies were suggested by an employee -group and/or by legal counsel due to changes in law. Carol Roberts reviewed every proposed change — the only one that got discussion was the proposed change in authority of the Town Manager to hire at Step 8 instead of Step 4. The Town Manager cited the need in several recent hires to do so when bringing on experienced employees to cover important positions. Presentation on FY 2010 Health Insurance — The Assistant Town Manager /Finance Director shared some preliminary updated financial data for health insurance. Last Spring, the unions voted to shift into a GIC- lookalike product offered by MIIA, which in both the short - and long -run will shift costs from employer to employee. This will provide incentives for employees to shop around for the best combination of cost and medical care they require. The immediate benefit is lower premiums. Because of the initial costs of each option, the Town expected to see a shift from HMO to PPO enrollment, and early data shows this has happened. Possible savings of over $300,000 have been reduced to under $200,000 in FYI because of these shifts. Final figures will not be available for FYI until October, after new School employees have signed up for health insurance. Boards Committees Commissions Appointment Process — The Town Manager led a discussion of possible changes to this annual event, with the goal to streamline the process and make any full -board Selectmen involvement more meaningful. A subcommittee of two Board members would be designated to interview all applicants, and then to suggest which (if any) should proceed to a full review by the Selectmen. After discussing the probable advantages and disadvantages, the Board agreed to try this out for one year starting next Spring 2010. On motion by Anthony seconded by Schubert, the Board of Selectmen voted to adiourn the July 21, 2009_meetiniz at 10:30 p.m. by a vote of 5 -0 -0. Respectfully submitted, Secretary 55 5�� Board of Selectmen Meeting September 17, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. The Board returned from the Executive Session at 7:45 p.m. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur. Following the Executive Session, the following individuals joined the meeting: Town Engineer George Zambouras, Conservation Administrator Fran Fink, Town Counsel Ellen Doucette, Community Services Director /Town Planner Jean Delios, Recreation Administrator John Feudo, Virginia Adams, Bill Brown. On motion by Schubert seconded by Goldy, the Board of Selectmen voted to %4o into Executive Session for the purpose of labor ne $totiations and litigation to come back into Open Session at 7:45 p.m. The meeting reconvened at 7:45 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — Chairman Ben Tafoya expressed thanks to staff, volunteers and the community for a very successful Fall Street Faire. He attended the North Shore Planning Council and the MPO Regional Workshop. The Town Manager will send a letter reiterating the Town's position on West Street and on the I- 93/I -95 Intersection Improvement Project. Chairman Tafoya noted that we have had correspondence with some property owners in the Lincoln/Prescott area expressing concern that they had not been included in the 40R District. The Town Manager noted that he had responded to that letter, and expressed willingness to meet with the property owners to discuss any plans that they might have. Selectman Camille Anthony noted that the Audit Committee had met, and had developed as a focus the Athletic Revolving Fund, the Food Service Accounts, the Town Clerk's Office (since there was a change in the Town Clerk) and the Library. She asked for information on the Recycling Grant, and the Town Manager will provide that information. She also asked that the information in the letter to the abutters of the Pine Vale conservation land regarding the coyotes should be included in the Press Release to the community. Selectman Richard Schubert noted that 885 Main Street is in before the Conservation Commission for wetland delineation. 56 Board of Selectmen Meeting — September 17, 2009 — Page Public Comment — Virginia Adams thanked the DPW for their efforts on the Fall Street Faire. Town Manager's Report The Town Manager gave the following report: • Franklin Street reclamation and repaving complete. • Wine Nation has filed an appeal with the ABCC on the denial of their Package Store liquor license. • RCASA Annual Meeting is October lst at 7:00 p.m. at the Library. • The Reading School Committee and Board of Selectmen will host a meeting on Monday, September 21st at the Performing Arts Center at the High School at 7:15 p.m. The results of the local 2009 Youth Risk Behavior Survey will be presented by Jim Ryan and Sara Grinnell, Northeast Center for Healthy Communities. • Sewer Inflow Infiltration smoke tests being conducted this Summer /Fall. Some 100 properties that had tied into the sewer system without approval from the Town are now being billed. • Preparation for September 29th Boards / Committees /Commissions training. • Children's Room closed 8/31 -9/7, carpet in Library, costs covered by mfr. • Collins Field rededication yesterday. • Next Financial Forum is 10 -14 -09 at the Senior Center. • Flu clinics are on hold pending shipment of flu vaccine. Discussion/Action Items Draft Earth Removal Regulations — Town Engineer George Zambouras, Conservation Administrator Fran Fink, Town Counsel Ellen Doucette and Community Services Director /Town Planner Jean Delios were present to discuss the draft Earth Removal bylaw. This bylaw is fairly complex, and Town Counsel has not received any feedback response from the former Town Planner or the Building Inspector with regard to the draft. Following general discussion, the Board agreed to have Jean Delios as a point person on this matter, and to bring back to the Board of Selectmen prior to the closing of the Warrant for the Annual Town Meeting, an analysis of the need for earth removal regulations and the options with regard to addressing that issue. The first level of activity will be to determine what we are trying to accomplish. A working group which could include a member of the Board of Selectmen may be established to work through all of the issues. Regarding the Town Meeting draft warrant, the Town Manager also mentioned the difficulties in getting membership for the West Street Historic District Commission, and the fact that we have no members currently. Following discussion, the Town Manager is going to draft an article that will either rescind the West Street Historic District Commission, or allow the Board of Selectmen to delegate the authority of a separate commission to the Historical Commission. p,v 5A m Board of Selectmen Meeting — September 17, 2009 — Page 3 Birch Meadow Master Plan — Finalize — The Board had previously approved the section of the Master Plan around the Imagination Station site. Recreation Administrator John Feudo presented information on the remainder of the site. The Board was in general agreement with the maps, and the Town Manager is going to submit some revised text for the Master Plan. The Board noted that we needed to address two other issues: 1. Secure the services of a landscape architect to provide guidance for tree planting and landscaping within the site to enhance the site; 2. Address the issue of property ownership between the Town and the School Department as had been discussed when the Reading Memorial High School project was approved. Cemetery Garage - Cemetery Board member Bill Brown was .present for this discussion. The Town Manager presented an outline on his recommendation as to how to proceed. The anticipation would be that a progress report would be made to the Subsequent Town Meeting in November, and this would be reviewed with the Board of Selectmen. in late October. The process would be to have a final report to Town Meeting at the Annual Town Meeting in 2010. Discussion re: Bollards — Downtown — The Board of Selectmen discussed the bollards, and how they came to be in the plan. Virginia Adams noted that it was her recommendation to the Downtown Steering Committee that the plan include bollards particularly in the area in front of Simms Jewelers. The Board asked for two actions: Check with Town Counsel about the legality /procedure of not replacing any additional bollards that get knocked down, and collecting the insurance that would be used to pay for the replacement of the bollards and use that funding for other enhancements in the Downtown. 2. Revisit the situation after the Winter. The Town Engineer noted that there are two additional bollards that are on order and would be replaced. These are the bollards that were knocked down by a drunk driver in the area of the Town Hall. Update on Mattera Cabin — The Town Manager indicated that he has not heard anything back from the Vocational School District even though he has made contact. Given the Town Manager's involvement in the process of challenging the Vocational School District Budget, it was decided that Vice Chairman James Bonazoli would make contact with the Vocational School District, and try to get this project back on target. On motion by Anthony seconded by Bonazoli, the Board of Selectmen voted to adiourn their meeting of September 17, 2009 at 10:15 p.m. by a vote of 5 -0 -0. Respectfully submitted, Secretary 5�3 Board of Selectmen Meeting September 29, 2009 The meeting convened at 7:05 p.m. at the Reading Public Library, second floor Meeting Room, 64 Middlesex Avenue, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectman Richard Schubert, Town Manager Peter Hechenbleikner, Town Clerk Laura Gemme, and the following list of staff and Boards, Committees and Commissions members: Tom Gardiner, Tina Ohlson, Douglas Griene, Beth Klepeis, Nick Safina, Jeff Perkins, Angela Binda, Susan Giacalone, Alan Rosh, Everett Blodgett, Edward Smethurst, Nancy Najmi, Mary Ellen Stolecki, Ronald Wood. Discussion /Action Items Boards Committees and Commissions Training - The Board reviewed the Agenda attached. The following items and issues were raised. The Town Manager will check with Town Counsel to see if Zoning Board of Appeals decisions can be shared among the members of the Zoning Board of Appeals electronically. These are decisions that are being written following the closing of the public hearing and a decision being made by the Zoning Board of Appeals. 2. Town Clerk Laura Gemme reviewed the new ethics training process. She will keep everyone advised as the process is moving forward. The Historical Commission has received from its State association a template for Minutes that they use successfully. 4. Chairman Ben Tafoya suggested that a survey be done of Boards, Committees and Commission members next Spring as to what topics may be most valuable in doing the Annual Boards, Committees and Commissions training next Fall. On motion by Bonazoli seconded by Anthony, the Board voted to adjourn their meetin,a of September 29, 2009 at 8:40 p.m. by a vote of 4 -0 -0. Respectfully submitted, Secretary W 5c) W � m w F yl �wr O,AV, SVgv BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER Philip Giudice, Commissioner Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, MA 02114 oe a�`feret�ctiue.� ytate fie, 6vta� September 21, 2009 � 1 (- ga 201h MIDDLESEX DISTRICT READING • NORTH READING LYNNFIELD • MIDDLETON TEL. (617) 722 -2100 Rep .BradleyJones@hou.state.ma.us RE: Massachusetts Green Communities Act Technical Assistance Grant Dear Commissioner Giudice: I am pleased to submit this letter of support on behalf of the Town of Reading's application for the Massachusetts Green Communities Act Technical Assistance Grant. The Town of Reading has been exploring the possibility of becoming a green community. Reading has long been on the forefront of energy efficiency and environmental protection. The Town has joined the Massachusetts Cities for Climate Protection Program which helped them form their own advisory committee in the town. Through this group Reading has instituted programs that encourage recycling, educate children in the schools about climate change and how they can help conserve energy and have begun to change streetlights in the Town to more efficient LEDs. They have also been working toward making the Town more accessible to walkers and bicycle riders, even putting a bicycle police unit in place. I can personally assure you that the assistance that Reading is applying for will be put to use making the Town a more efficient, environmentally friendly place. Working in partnership with Reading Municipal Light Department, the Town plans to move forward with its plans to improve upon its schools and municipal buildings to make itself an example of energy efficiency to residents and surrounding communities. . With all of these factors in mind, I would like to encourage your favorable review of the Town's application. Thank you in advance for your time and consideration. I would like to encourage your favorable review of the Town's grant application. Should you, or members of your staff, have questions or concerns regarding this matter; please feel free to contact me at your convenience. .02 Cc: Courtney Feeley Karp, Legal Counsel . 1, sfi :a � zz d3s 01 0 Town of • • 16 Lowell Street Reading, 01867-2683 September 16, 2009 James Lynch 348 Park Street, Suite 103 North Reading, MA 01864 Re: 18 -20 Woburn Street, Site Plan Approval Dr. Mr. Lynch, t, I C f V3 <7PRk--H JEAN DEMOS Community Services Director / Town Planner Phone: (781) 942 -6612 Fax: (781) 942-9071 jdelios@ci.reading.ma.us I am writing to follow up on the status of your project referenced above. We are very excited about the contribution this redevelopment will make to our overall efforts to revitalize Reading Center. This is a reminder that this project's site plan review approval dated December 4, 2007 will expire this December if construction has not begun. Section 4.3.3.7 of the Town of Reading Zoning By -Law limits site plan approval to two years from the approval date. The Zoning By- Laws do allow, upon written request, the provision for the local planning commission to allow time extensions. In order to make the September 20' CPDC agenda deadline, your written request will need to be received by September 22"d. Please feel free to contact me at 781- 942 -6612 to discuss der and I would be happy to assist in any way I can. Sincerely, es, Community Services n Planner 8� RE September 23, 2009 Via Certified Mail/Return Receipt Requested Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Price Adjustment Dear Chairman and Members of the Board: At Comcast, our goal is to continue to provide our customers with great products, service and value. We are proud to offer customers in Reading the largest Video On Demand library, the most High- Definition choices, a faster high -speed Internet, and Comcast Digital Voice service — our low -cost, feature -rich digital phone service. With the launch of Comcast Digital Voice, Comcast brought consumers in Reading the first true alternative to traditional phone service. This competition has already saved consumers across the country billions of dollars. We understand the importance of choice and are glad that over 7 million of our customers have chosen Comcast as their provider of choice, making us the third largest residential phone provider in the U.S. In addition to bringing our customers choice in phone service, Comcast leads the broadband revolution as America's largest residential broadband provider. Over the past five years we have consistently increased the speed of our Internet service without increasing the cost of the service to our customers. We recently doubled the download speed on our most popular broadband product from 6 Mbps to 12 Mbps. And by the end of the year, more than 80 percent of Comcast's service area, including Reading, will have download speeds up to 50 Mbps available. Through innovation and technology Comcast has brought to its customers the fastest residential broadband speeds available from any provider. Our customers also receive additional valuable benefits at no extra charge, including Comeast's McAfee Security Suite (a $120 value), Plaxo Premium (a $59.95 value), and expanded content on Comcast.net (such as ESPN360, even more entertainment, multiple email accounts, shopping and security features). While high -speed Internet and digital voice services are not increasing, the monthly price for Expanded Basic service is increasing from $47.20 to $49.20 effective with our November billing statements. Expanded Basic service is a component of our Standard Cable and Digital Starter packages.' While Standard Cable customers will see this increase, Digital Starter customers will see. the $2.00 increase to the Expanded Basic portion of their package and a $2.00 decrease to the Digital Starter portion of their package, which includes music choice and the program guide, therefore keeping their monthly package price the same. These changes to the cost of our cable service are the result of increased business and operational costs. As an example, Comcast spends about $6 billion a year on programming alone to provide our customers the best 1 Standard Cable Service was no longer available for new subscriptions effective December 1, 2008. 62 ��1 Town of Reading September 23, 2009 Page 2 content and the most video choices. While we have been aggressive at controlling these costs, we expect continued increases in the costs we pay for programming. Despite the increased cost of doing business, Comcast has continued to add value to our services. In the past year, we have: • Added more sports content including the NFL, NBA, NHL and ESPNU to our Digital Classic/Preferred service level, giving customers access to top sports league programming. • Have begun to provide new converged services like Universal Caller ID to the TV and the PC that we deliver across all three platforms (TV, PC, and phone) at no additional charge. • Continually enhanced the customer experience through better, more integrated products and an improved customer experience at all levels. If you have any questions or need more information about these changes please feel free to call me directly at 978- 927 -5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations 63 20 SEA' 2 1 AM 11: 03 September 18, 2009 I -.Va 0 kyj al I I P Pj & &I 11,14 a 1PIL41641 1j at] KImm I Town of Reading Town Hall 16 Lowell Street Reading, Massachusetts 01867 Attention: Ms. Laura A. Gernme, Town Clerk L A &;,5 g i counsellors at law WRITER'S INFORMATION ssebwartz@goulstonstorrs.com 617.574.4147 Tel 617.574.7636 Fax Re: Right Of first refusal respecting Cedar Glen, a 114 -unit residential community located at 2 Elderberry Lane, Reading, Massachusetts ("Cedar Glen") Ladies and Gentlemen: This firm represents Equity Residential ("EQW'), the owner of Cedar Glen, an affordable residential community in Reading. As EQR previously indicated to you in a letter dated May 20, 2009, EQR entered into a purchase and sale agreement (the "Sale Agreement") for the sale of Cedar Glen. The Sale Agreement is, in fact, for a portfolio of properties that contains Cedar Glen and thirteen other properties. The buyer under the Sale Agreement is Rhode Island Homes LLC ("RIH"), a subsidiary of Providence Realty Investment LLC, an experienced owner and operator of federally and locally assisted affordable properties. EQR is pleased that RIH intends to preserve Cedar Glen's affordability through the Massachusetts Housing Finance Authority's Proactive Preservation Program ("PPP"). Through'the PPP, RIH will commit to renewing the federal Section 8 subsidy contract for Cedar Glen for the longest term possible. Cedar Glen was developed under the terms of a comprehensive permit granted by the Town of Reading Zoning Board of Appeals on June 9, 1977. The comprehensive permit contains a right of first refusal in favor of the Town of Reading and the Reading Housing Authority (collectively, the "Town"). This letter shall serve as formal notice of the Town's right of first refusal. The purchase price allocated to Cedar Glen under the Sale Agreement is $14,049,972. The portfolio is being sold in two groups under the Sale Agreement, with * the sale of the Group 1 Properties scheduled to occur on December 29, 2009 and the sale of the Group 2 Properties scheduled to occur on April 1, 2009. Cedar Glen is part of the Group 1 Properties. A summary of the material terms and conditions upon which EQR is willing to sell Cedar Glen to the Town is set forth on the attached schedule. Coulston & Storrs, A Professional Corporation • Boston • DC • London* • New York GSRfflj�AJOIAenue • Boston, Massachusetts 02110-3333 • 617.482.1776 Tel • 617.574.4112 Fax • www.gouistonstorrs.com 64 *A Subsidiary of Goulston & Storrs, PC Ms. Laura A. Gemme, Town Clerk Reading, Massachusetts September 18, 2009 Page 2 Under the terms of the comprehensive permit, the town has 120 days from the Town Clerk's receipt of this letter to advise EQR whether it desires to purchase Cedar Glen. Given that the scheduled closing date for Cedar Glen under the Sale Agreement is December 29, 2009, however, EQR would greatly appreciate receiving written notice from the Town concerning whether or not it wishes to purchase Cedar Glen as soon as practicable. In that regard, representatives of EQR and RIH would be very happy to meet with Town representatives at any time to discuss the proposed transaction and address any questions you may have. Thank you for your attention to this matter. Very truly yours, J16WO �k* Steven Schwartz Attorney for, and on behalf of, the Landlord Enclosure cc (w/ enclosure, by e-mail and certified mail, return receipt requested): Lyn E. Whyte, Executive Director, Reading Housing Authority Reading Board of Selectmen --ji Peter I. Hechenbleikner, Town Manager GSDOCS\1937863 65 I SX �/ SCHEDULE OF TERMS AND CONDITIONS* PURCHASE PRICE: $14,049,972 DEPOSIT: $500,000 CLOSING DATE: December 29, 2009 SELLER'S CLOSING CONDITION: ' EQR only intends to sell Cedar Glen as part of the portfolio sale. Therefore, it is a condition of the sale that the other Group 1 Properties in the portfolio be sold no later than December 29, 2009 and that the Group 2 Properties be sold no later than April 1, 2010. *As stated in the letter to which this is attached, these terms are part of the portfolio transaction. EQR and RIH expect that the enclosed information will remain confidential to the extent allowable by applicable law and we would appreciate your cooperation in that regard. GSDOCS\1937863 A-1 S P GARY S. BRACKETT JUDITH A. PICKETF ELLEN CALLAHAN DOUCETTE HEATHER W. KINGSBURY JASON D. GROSSFIELD BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MA01609 508-799-9739 FAx 508-799-9799 M E M 0 R A N D U M TO: Peter I. Hechenbleikner, Town manage FROM: Gary S. Brackett, Town Counsel CC: Ellen Callahan Doucette, Town Counse DATE: September 24, 2009 RE: ABCC - Wine Nation Appeal Peter, OF COUNSEL ELAINE M. LUCAS DIRECT EMAIL r-3 GSBrackett@Brac ttLucasEgn -.0 tol M t) N ..3 ,-n Just a note to confirm my receipt today of the following documents in relation to the above matter: 1. 9/16/09 Notice of Appeal filed with the ABCC by Attorney Gerald J. Caruso; 2. ABCC Notice of Hearing for 11/4/09 at 1:30 p.m.; and 3. DVD of the 9/1/09 Selectmen's hearing on the license application. We will enter our appearance on behalf of the Selectmen. As I represented to you, I will handle the hearing before the ABCC with the assistance of Ellen Doucette. The Town will only be charged for my time if Ellen and I appear jointly. We will review the record and the DVD and arrange to meet and discuss this matter with you in advance of the hearing date. Please give me a call if you have any questions. Regards, Gary GSB/dsh Enclosure M BRACKETT & LUCAS COUNSELORs AT LAw GARY S. BRACKETT .19 CEDAR STREET OF COUNSEL JUDITH A. PICKETT WORCESTER, MA 01609 ELAINE M. LUCAS ELLEN CALLAHAN DOUCETTE 508-799-9739 HEATHER W. KINGSBURY FAx 508-799-9799 DIRECT EMAIL JASON D. GROSSITIELD GSBracken@BrackeftLucas.com September 24, 2009 Gerald J. Caruso, Esquire Rubin and Rudman LLP 50 Rowes Wharf Boston, MA 02110 RE: Alcoholic Beverages Control Commission Wine Nation, Inc. d.b.a. Wine Nation v. Town.of Readi Dear Attorney Caruso: Enclosed please find our notice of appearance in connection with the above referenced appeal. We calculate October 13, 2009 to be the deadline for filing the joint pre-hearing memorandum to the Commission. I assume that you will prepare the initial draft and forward it to me so that we can incorporate the necessary information on behalf of the Board of Selectmen. If I am incorrect in this assumption, please advise me at your earliest convenience. Thank you for your cooperation. I Very truly yours, (21 1. V Gary Y/ Brackett GSB/dsh Enclosure CC: VPeter I. Hechenbleikner, Town Manager �v M. BRACKETT & LUCAS COUNSELORs AT LAw GARY S. BRACKETT 19 CEDAR STREET OF COUNSEL JUDITH A. PICKETT WORCESTER, MA 01609 ELAINE M. LUCAS ELLEN CALLAHAN DOUCETTE 508-799-9739 HEATHER W. KINGSBURY FAX 508-799-9799 DIRECT EMAIL JASON D. GROSSFIELD GSBrackett@BrackeaLucas.com September 24, 2009 Kim S. Gainsboro, Chairman Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 NOTICE OF APPEAL RE: Wine Nation, Inc. d.b.a. Wine Nation v. Town of Readi Dear Ms. Gainsboro: Please enter our appearance as counsel for the Reading Board of Selectmen in the above- referenced appeal which is scheduled for hearing on November 4, 2009 at 1:30 p.m. We will work with counsel for the applicant to submit the joint pre-hearing memorandum on or before Tuesday, October 13, 2009 which is twenty (20) days from receipt of the Notice of Hearing. Please contact us if you have any questions. Ve.ty truly yours, .Gary S. Brackett iEllen Callahan Doucette GSB/ECD/dsh CC: /Peter I. Hechenbleikner, Town Manager Gerald J. Caruso, Esquire Brad Latham, Esquire Chris Latham, Esquire �3 1.1111 Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Friday, September 25, 2009 8:47 AM To: 'John Arena' Cc: Gemme, Laura; Fink, Fran; 'ecdoucette@brackeftlucas.com' Subject: RE: From John Arena, 26 Francis Drive John I guess you had asked the same question of the Town Clerk. Page I of 2 There is no mandate, and we do not in fact post legal opinions. However, if the legal opinion is shared by the Conservation Commission members in a public session (not an executive session) then it becomes a public record and anyone may request, at cost, a -copy of a public record. This would not be available in advance of the Conservation Commission Meeting at which the matter is discussed. . Pete From: John Arena [mailto:johnjarena@gmail.com] Sent: Thursday, September 24, 2009 5:17 PM To: Town Manager; Hechenbleikner, Peter Subject: From John Arena, 26 Francis Drive To: Mr. Peter Hechenbleikner, Reading Town Manager Reading Town Hall, Reading, MA 01867 P Hechen blei kneraci. read ing.ma. us From: John Arena 26 Francis Drive Reading, MA 01867 iohniarenaCED-gmail.com 617-312-3589(cell) Peter: September 24, 2009 In the September 23rd Conservation Committee public hearing concerning the development at 885 Main St, a question raised by the Committee was to be put to Town Counsel for an opinion. The hearing and a key vote were then continued to the next, scheduled meeting in October, pending the return of the opinion. Can you tell me whether there is a Town of Reading mandate or practice to have Counsel opinions concerning ongoing public matters to be made available in advance of the next public 9/25/2009 70 • Page 2 of 2 hearing? Secondly, the applicant / attorney for 885 Main Street and I will both be interested in obtaining a copy of this opinion as soon as it is available. Can you tell me what mandate or practice exists to make such information simultaneously available to all interested parties? M= John J. Arena �Q2 �f 9/25/2009 71