HomeMy WebLinkAbout2010-02-23 Board of Selectmen HandoutTOWN MANAGER'S REPORT
Tuesday, February 23, 2010
• Local Elections 2010
o Withdraw nomination papers by March 2
o Register to vote by March 17
o Election April 6
o Annual Town Meeting starts April 26
• The Town has been advised that the 40R Downtown Smart Growth zoning bylaw
approved by Town Meeting in November has been approved by the Attorney
General. It was previously approved by the Department of Housing and Community
Development contingent on AG approval. We will now proceed to. requisition the
payment of $350,000, which will be held in a Stabilization Fund, and once we have
our first building permits issued for a 40R project in Downtown, the Town could then
appropriate any of those funds for capital or similar uses.
• Update re Mattera Cabin and meeting with the Voke School
• Wine Nation - the liquor store that wanted to locate in the former Linens and Things
site on Walkers Brook Drive, has withdrawn their appeal of the liquor license denial.
• Through the hard work of Mary Delai in the School Department, the Town has been
awarded an Energy Efficiency and Block Grant (EECBG) sub-grant in the amount of
$150,000 for Performance Contract. Funds for this award were made available by
the American Recovery and Reinvestment Act (ARRA) of 2009 through the US
Department of Energy's Energy Efficiency and Conservation Block grant program. .
• RCTV has moved, their new address is 557 Main Street in Reading.
• The Board of Selectmen has received an action alert from the MMA. Do you want to
formally go on record with-respect to the issue of Health Insurance Plan Design? I
have drafted letters from the Chairman to each of our legislators in the event that
you would like to do so.
• We have taken bids on the Memorial Park project and are evaluating how much of
the project we will be able to do - we used add alternates to guve us the most
flexibility as possible. The base bid includes the skating ponds, the tennis courts,
and the basketball court.
. We have sold the Bancroft Ave. tennis court wind screens tot the Town of Lexington
for $4,999.
Reading is scheduled to receive Common Cause Massachusetts' 2010 e-
Government Award with Distinction on Tuesday, March 16th at 11 am in Hearing
Room A-1 at the State House in Boston. You can find the award criteria at
www.commoncause.org/e.govlO.
• MSBA Check presentation - March 4, 11:00 at RMHS in front of the Memorial Wall
Dates and Events:
D
READING PUBLIC SCHOOLS
Preparing Reading's Youth To Be Productive, Informed,
Independent Citizens In A Global Society
John F. Doherty, Ed.D.
Superintendent
82 Oakland Road
Reading, Massachusetts 01867
Telephone 781-944-5800
Fax 781-942-9149
YOU'RE INVI'T'ED
Mary C. DeLai
Director of finance & Operations
Elizabeth Conway
Hranan Resources Adnui7istrator
You are cordially invited to attend a check presentation ceremony on March 4, 2010 at 11:00
AM. Please join State Treasurer Tim Cahill, Chainnan of the Massachusetts School Building
Authority ("MSBA"), and MSBA Executive Director Katherine Craven at Reading High School
where they will present a check for $35,557,877 to the Town of Reading for the MSBA's share
of the addition/renovation project at the High School. The ceremonial check recognizes the
partnership and collaborative effort between the MSBA and the Town for the completion of the
proj ect.
When: March 4, 2010
Time: 11:00 AM
Location: Reading High School
62 Oaldand Road
Reading, MA 01867
If any of you are interested in attending the event could you please RSVP:
Linda Engelson: 781-942-9148 or lengelson@reading.kl2.ma.us
d
The Reading Public Schools does not discriminate on the basis of race, color, sex, religion, national origin, sexual orientation, age or disability.
Downtown Steering Committee
ARTICLE
To see if the Town will vote to accept a sum of money from the Downtown Steering
Committee to fund a permanent trust fund to be known as "Downtown the proem nt and
Commissioners Trust" and that the funds are to be invested and reinvested by
of 'Trust Funds and shall be expended by the Town Manager or his designee under the
c Development Committee, for the sole purpose of
rovements, promotions and events in the downtown.
general direction of tTaan
supporting and fundin p
area of Reading; that d shall begin at upon the acceptance hereof by Town twenty years from
date Meeting and shall termdiatelb transferred to the Tow tof`Read ng to
ebe used
such acceptance and tts to
for any other purposesaction relative thereto. Board of Selectm
en
MOTION:
Voted to distribute and transfer all of its right, title and interest aany trust assets be which itnow
possesses to the Town of Reading to fund the
"Downtown Improvement and Events Trust". The trust fund may accept donations
which shall be added to the funds to be invested and reinvested and shall be expended by
the Town Manager or his designee under the general direction of the Economic
Development Committee, for the sole purpose of supporting and funding publ
improvements, promotions and events in the downtown area of Reading. The trust fund
shall begin at the acceptance of the donation by the Reading Town Meeting and shall
terminate immediately and automatically twenty years from the date of such acceptance.
Upon the termination of the Trust, the trust assets shall be transferred to the Town of
Reading to be used for any other purposes.
I Secretary of the. Commonwealth
!I One Ashburcon. Place, Boston, Massachusetts 02108-1512
(General Laws, Cbapte.., 180)
AI2'I`ICLE I
The exact name of the corporation is:
THE READING DOWNTOWN STEERING COMMITTEE, l•N.C
AR'I'ICL II
The purpose of the corporation is to engage in they following activities:
To define, coordinai:e, encourage and faci11r.atc imprc•,vements to the
so-called"downtown"portion of the Town of Reading, Massachusetts,
including action to attract and maintain high quality and varied
mixes of business, to ac.comodate community fUnccions and involvement,
co enhance a sense of community, to provide efficient traffic control
and sufficient parking, to support downtown activities, to improve
the streets and public squares of the downtown area and to otherwise
improve the physical aspects of the Town of Reading, Massachusetts.
rVWv: l1 th :.'pace provided ender any article or item on this form is insufficient, additlorts shatl be se1,fo forth on one side
only nfseJrarate 8 1/3.z 11 sheers ofpaper with a 1gfl Twergin ofttl least 3 lacli_ aeldliforts to more bawl cone article merry be
t rrtacie on it siggle sheet sn long as each article requiring each aelfUlion is ctaarly indicaled.
ARITCLE ]III
A c e7rpe.lraticrl ILay have one or more classes of members. If it does, the designation of such classes, dic manner of election
or aplrointmcnts, thc duration of membership and the qualification and rights, including voting rights, of the members of
cacti class, may be set forth in the by-laws of the corporation or may be set forth below:
Any classes of membership would be included in the by-laws.
9
ARTICLE FV
"°<>thrr lax ful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its
voltlllta.ry dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or members,
or of any class of members, are as follows:
See the sheets attached, which are incorporated herein.
MITI C aEi v
Tlic: by-laws of the corporation have been duly adopted and the initial directors, president, treasurer;:nd cleric or other
presiding, financial or recording officers, whose names are set out on the following page, have been duly elected.
"ff' lbev are no provisions, state "None'.
Note:777re 15recedingfour (4) articles are consWre~d to be permanent anrd may only Pre changed by filing apj..wgj_mWte Arl.icfes of Rrrres:dnrc+a[
D
READING DOWNTOWN STEERING COD24ITTEE INC.
ARTICLES OF ORGANIZATION
ARTICLE IV
a. No part of 'the net earnings of the corporation shall
inure to the benefit of, or be distributed to its members,
trustees, officers, or other private persons, except that 'the
corporation shall be authorized and empowered to pay reasonable
compensation in furtherance of the purposes set forth in these
Articles excepting any activity contrary to its exemption under
section 501(c)(3) of the Internal Revenue Code of 1986 or
thereinafter amended;
b. The corporation may have and exercise all powers
necessary or convenient to effect any or all. of the purposes for
wr;.ch the corporation is formed; provided that no such powers
shall be exercised in a manner inconsistent with Massachusetts
Seneral Laws, Chapter 180 or any other Chapter of the General Laos
of the Commonwealth or Section 501(c)(3) of the Internal Revenue
Code of 1986 or there after amended;
C. Notwithstanding any other provision of these Articles,
t>:c corporation is organized exclusively for one or more. of the
purposes as specified in section 501(c)(3) of 'the Internal Revenue
Code of 1986 or 'thereinafter amended, and shall not carry on.
activities not permitted to be carried on by a corporation exempt
from Federal Income Tax under Section 501(c)(3) of the Internal
Revenue Code of 1986 of there after amended.
9)
d. No substantial part of the activities of the corporation
shall be the carrying on of propaganda, or otherwise attempting to
influence legislation, and the corporation shall not participate
in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of or in opposition
to any candidate for public office. Notwithstanding any other
provision of these articles, the corporation shall not carry on
any other activities not permitted to be carried on (a) by a
corporation exempt from federal income tax under section 501(c)(3)
of the Internal Revenue Code or the corresponding section of any
future federal tax.code, or (b) by a corporation, contributions to
,•rhich are deductible under section 170(c)(2) of the Internal
Revenue Code, or the corresponding section of any future federal
tax code.
e. The Corporation shall not unlawfully discriminate on the
basis of race, color, national and ethnic origin or in any other
unlawful manner in the conduct of its corporate activities.
f. Upon the liquidation or dissolution of the corporation,
after payment of all liabilities of the corporation or having made
due provision therefor, all of the assets of the corporation shall
be distributed exclusively to the Town of Reading, Middlesex
County, Massachusetts, to be used for the public good. Should the
'town of Reading, Middlesex County, Massachusetts not accept such
assets, then the Board of Directors shall dispose of all of the
assets of the corporation exclusively for the purposes of the
corporation in such a manner, or to such organizations that are
operated exclusively for charitable, educational, religious, ox-
scientific purposes as shall at the time qualify as an exempt
organization or organizations under section 501(c)(3) of the
Internal Revenue Code of 1986 or thereafter amended, as the Board
of Directors shall determine, to be used for the public good.
g. The corporation shall, to the extent legally permissible
and only to the extent that the status of the corporation as an
organization exempt under Section 501(c)(3) of the Internal
,Revenue Code is not affected thereby, indemnify each of its
directors and officers, against all liabilities and expenses,
including amounts paid in satisfaction of judgments in compromise
or as fines and penalties, and counsel fees, reasonably incurred
by him in connection frith the defense or disposition of any
action, suit or other proceeding, whether civil or criminal, in
which he may be involved or with which he may be threatened, while
in office or thereafter, by reason of his being or having been
such a director or officer, except with respect to any matter as
to which he shall have been adjudicated in any proceeding not to
have acted in good faith in the reasonable belief that his action
was in the best interests of the corporation; provided, however,
that as to any matter disposed of by a compromise payment by such
director or officer, pursuant to a consent decree or otherwise, no
indemnification either for said payment or for any other expenses
0
shall be provided unless such compromise shall be approved as in
the best interests of the corporation, after notice that it
involves such indemnification: (a) by a disinterested majority of
the directors then in office, or (b) by a majority- of the
disinterested directors then in office, provided that there has
been obtained an opinion in writing of independent legal counsel
to the effect -that such director or officer appears to have acted
in good faith in the reasonable belief that his action was in the
best interests of the corporation; or (c) by a majority of the
disinterested members entitled to vote, voting as a single class.
Expenses including counsel fees, reasonably incurred by any such
director or officer in -connection with the defense or disposition
of any such action, suit or other proceeding may be paid from time
to time by the corporation in advance of the final disposition
thereof upon receipt of an undertaking by such individual to repay
the amounts so paid to the corporation if,he shall be adjudicated
to be not entitled to indemnification under Massachusetts General
Lags, Chapter 180, Section 6. As used in this paragraph, the
terms "directors" or "officer," include -their respective heirs,
executors and administrators, and an "interested" director is one
against whom in such capacity the proceedings in question or
another proceeding on the same or similar grounds is then
pending. The directors may purchase indemnification insurance.
corp5:ppoiras6/24/96
ARTICLE V1
17tr effective date of organirztion of the corporation shall be the elate. approved and filed by the sccrctlu}, of the t;orramonwe.tlth.
11'a hill • effective date is desired, specify such (late which shall not be more than fbirty clays after tlic• date: of filing.
A18T1G(:LE VU
'I is information contained in Article VU is riot a permanent part of the Articles of Q:Trganizatiora.
a lic..mrret iiddress (post office boxes are not: acceptable) of t.lte. principal office of the corporation in t' Efassacknisetis is:
648 Main, Street, Reading, Massachusetts
'I-he name, residential address and post office address of cacti directorand officer of the corporation is as follows:
NAME
President: Peter S i nib 1 a r i s
'Treasurer" John Crosby
CIC. rk. John H. Russell
RUST DEN'II'f[t'sL ADDIMSS
648 Main Street
Reading, MA 01867
670 Main Street
Reading, MA 01867
91 Spruce Road
Reading, MA 01867
MST OFFICE ADDDtESS
648. Main Street
Reading, MA 01867
670 Main Street
Reading, MA 01867
91 Spruce Road
Reading, MA 01867
llirc•ctora'
for (rffic:crs
having the Please see attached list.
powcrs of
cdirec tars)
C The tir;c.al .'car of the. corpanition. shall end on the last day of the month of. Decembe r
d. '1'Itc• tiarnc and business address of the resident agent:, if any, of the corporation is:
None.
1/-\ c. the below signed incorporator(s), (to hereby certify tinder the rains anti penalties of perjury that t/we have not been
c:'c~rn'ictrtl of any crimes relating to alcohol or gani ng within the past tcn years. 1/We do hereby further certify that to the
hcst of nay/our knowledge the .above;-named officers.have not been similarly convicted. If so convicted, explain,
I'N %VITNE=SS WHEREOF AND UNDER THE PAINS AM) PENALTIES OF PERJURY, I/Nve; whose signattire.(s) appear belo> v as
incurponator(s) and whose ii e(s) and business rTesidentialaddress(es) are clearly ty7Jed or printefl beneath each signattire,
do hr.re w associat~'ith e'intcntio fort 'n$ this corporation tinder the provisions of General I aws, C haptcr I ' 0 and
do larrcb}' sign tltArji of U nazaUq as incorporator(5) this {r;)rv~ day of f
X
Peter Simblaris
648 Ma i nStreet Reading, Massachusetts 01867
exlstittq corporation is acting as incorporator, t,D'jw in the exact name of the coriporallon, Ihx' state or r.1therfit ri.sdictfoil . where
it uws lncorlwirated, the nrrnre (If the person stgraing on Leta f of said corporation atut the title be/sbe holds or• other- atUhclrtty by u,bicb
Sit CI.; nCliClrl is takem
6
READING DOWNTOWN STEERING COMMITTEE
BOARD OF DIRECTORS
NAME
ADDRESS
(peter Simblaris
648 Main Street
Reading, MA 01867
Kathy Greenfield
'192 Woburn Street
Reading, MA 01867
Ruth Carmichael
233 West Street
Reading, MA 01867
John Crosby
670 Main Street
Reading, MA 01867
John H. Russell
91 Spruce Road
Reading, MA 0,1867
Virginia Adams
59 Azalea Circle
Reading, MA 01867
William Lee
69 Locust Street
Reading, MA 01867
Soni Clarke Lee
69 Locust Street
Reading, MA 01867
Donald Cowan
25A Hamden St.
Reading, MA 01867
Linda Simard
104 Lilah Lane
Reading, I\AA 01867
Ruth Brophy 18 Thomas Drive
Reading, MA 01867
Bryan Irwin 302 Woburn St.
Reading, MA 01867
Anna Carroll 85 Haven St,
Reading, MA 01867
Susan DiGiovanni 86 Grand St.
Reading, MA 01867
obl i ):steering:pp
9
6
THE C;C)Miti-1C?NNVI:.,1.I; I'H OF MASSA.C;HUSI::1
flit AMCLES OF ORGA1N117-Xr1ON
(General )<aws, Chapter 180)
I hereby certify that, upon examination of these. Articles of Organiza-
tion, duly submitted Lo me, it appears that the provisions of the General
Laws relative to the organization of corporations have been complied
with, anal I hereby approve said articles; and the.liling fee in the amount
of ;S :BOG having been paid, said articles are deemed to have been
tiled tvitlT me this clay of
L.YActive (late:
,•'I
a._ /
W71,1 FRANCIS C ALVIN
Secretm); ref the Comm o-mvealtb
TO BE FIT J IN BY CORPORATION
Photocopy of document to be sent ter:
MA LEY LATHAM, ESQUIRE
`taatd7tl~c 3Y~i d rt~3iT1,
643 Main :Street
Teicphonc(G? IT~
ARTICLE 23 To see if the Town will vote to amend Section 4.5.2, Junk, of the Town
of Reading General Bylaws by inserting a new section as follows:
4.5.2.4 In addition to any other means of enforcement, the provisions of this
Bylaw may be enforced by non-criminal disposition in accordance with Section
5.11 of this Bylaw,
So that Section 4.5.2 of the General Bylaws will read as follows in its entirety:
4.5.2 Junk
4.5.2.1 No person shall use any building, enclosure or other structure for the storage, sale
or keeping of rags, waste paper stock or other inflammable material without a license
therefore from the Board of Selectmen.
4.5.2.2 The Board of Selectmen may license suitable persons, upon such terms and
conditions as the Board shall determine, to be dealers in and keepers of shops for the
purchase, sale or barter of junk, old metals and second-hand articles, and no person shall
be such a dealer or keeper without such a license.
4.5.2.3 The Board of Selectmen may also license suitable persons as junk collectors, to
collect by purchase or otherwise, junk, old metals and second-hand articles from place to
place within the Town, and no person shall engage in such business without such a
license.
4.5.2.4 In addition to any other means of enforcement, the provisions of this Bylaw
may be enforced by non-criminal disposition in accordance with Section 5.11 of this
Bylaw
or to take any other action related thereto
Board of Selectmen
f~