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HomeMy WebLinkAbout2010-11-16 Board of Selectmen PacketTown of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams Website: www.readingma.gov MEMORANDUM TO: Board of Selectmen FROM: Peter 1. Hechenbleikner DATE: November 10, 2010 TOWN MANAGER (781) 942-9043 RE: Agenda - November 16, 2010 1 c) I reviewed all Executive Session minutes and pursuant to the Selectmen's Policy I have released the minutes as noted. The reason for Executive Session for these minutes has passed. Generally they were labor negotiations. 1 c) Attached is copy of disclosure of appearance of conflict of interest for Bryan Walsh. Bryan is a member of the Finance Committee. He is also interested in becoming a member of the Parker Middle School Council. In discussion with Town Counsel, although there is no conflict of interest that needs to be cured, there is an issue of an appearance of a conflict of interest and therefore this form is filed with the Board of Selectmen. There is no action for the Board of Selectmen. 1 c) 24 Hour Operation/Early Opening - The Bylaw addressing retails hours provides that additional approval by the Board of Selectmen will require a public hearing and the Board may require a public hearing for renewal of either early opening or 24 hour operations. Last year the Board waived the hearings. There have been no reported problems or concerns in any of the businesses where we have early opening. I need direction from the Board of Selectmen as to whether or not they want hearings on any or all of these locations. 3a) The Reading Co-Operative Bank is celebrating its 125th year of business in Reading next month, and the bank and the Chamber of Commerce are arranging a celebration. This certificate of Recognition will be presented at that time. When I know the date I will let Board members know so they can arrange to attend and present the certificate. 5a) Approval of Liquor Licenses - The list in the October 27 memo details the licenses that are in place as of this date. State law requires renewal of the licenses during the month of November. We received most of the licenses back as of 11/10/10 and the ones we have not received back to date have been called and they have indicated they will have their applications back in by Tuesday. One licensee, Colombo's Cafe, is not renewing their beer and wine license. You can see that there are some taxes and fees owed by various licensees, and those will be collected prior to issuance of licenses. The Health Division has no concerns with regard to the licenses. We will have for you, motions to approve the licenses for your meeting on the 16tH 5b) Pursuant to our previous discussion, we have prepared proposed amendments to various fees and have given public notice of a hearing on those fee increases. The various departments have given you background material on the recommendations on fee increases or in one case the elimination of a fee. 5c) I have drafted goals for calendar year 2011, with input from Department Heads. These are included as a draft in the packet. I would appreciate any suggestions or comments from the Board of Selectmen on Tuesday, and then I will finalize these goals. The goals statement process is similar to that used last year, and I would anticipate periodic reports to the Board of Selectmen on status of goals. Goals are extremely helpful to staff and the Boards, Committees and Commissions in focusing their work. 5d) Pursuant to request by Selectmen Anthony, and intervention by State Representative Brad Jones, we have made extraordinary progress on elimination of double poles. There will always be some double poles in the process of renewing the utility installations within the Town. This is a positive thing, since the utilities are continually improving and upgrading utility systems within the community. The fact that in the past year 120 double poles have been removed (mostly by Verizon) is extraordinary and I believe exceeds similar statistics in other communities. There is still more work to be done - there are still a total of 41 double poles - excluding the 10 new ones on Franklin Street. 5e) Review Status of Special Municipal Employ - The attached lists show special municipal employees in existence currently. These are copies of the files from the Secretary of State's Office. Special Municipal Employees are designated as such at the pleasure of the Board of Selectmen. As you can see, the Library Board of Trustees special status expired on 12/31/94. I would ask the Board of Selectmen to review the list and determine whether there are any of these special municipal employees who no longer needs that status and should be removed. PIH/ps f~,"t""' .r ~PtintForrnG DISCLOSURE OF APPEARANCE OF CONFLICT OF INTEREST AS REQUIRED BY G. L.C.268A §23(b)(3) I make this disclosure pursuant to G.L.c.268 A, §23 (b)(3) in order to dispel any appearance of potential conflict of interest occasioned by the facts set out below, that I may be improperly or unduly influenced in the performance of my official duties, or that I would be likely to act or fail to act as. a result of kinship, rank, position or the undue influence of any part or person. _Name: Bryan E. J. Walsh. Title or Position: Member of Reading Town Finance Committee gency epa men : gency address: Reading, MA ice one: 781-944-2884 publicly disclose the following facts (Attach additional I have been invited to join the Parker Middle School School Council, and intend to do so. pages if necessary): At the Town Manager's direction, Town Counsel reviewed the situation.. She advised that school ouncils are not standing committees of the Town, and therefore it is technically permissible for e to belong to both bodies. Despite this, there is the possible appearance of a conflict of interest, so I wish to disclose this ituation in advance. I wish to make it clear that although the Finance Committee reviews the etails of department budgets, it is a top-level policy making body, which votes only on the ottom line of the school department budget. In addition, although one purpose of school ouncils is to "assist in the review of the annual school budget", these councils do not have a ubstantial role in the school department's budget process. For these reasons, I do not believe I my, membership on both bodies will create any conflict of nterest. Signature* r, ate: 29.1' oun or municipa agency s a vowing y or U.L.C.268 • o cup en o icer or emp oyee o a s a e, c with reason to know, act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank; position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion. Appointed state, county and municipal officials and employees should file with their appointing authority. Elected state officials should file with the appropriate House or Senate Clerk or the Ethics Commission. Elected county officials should file with the county clerk. Elected municipal officials should file with the city or town clerk. Attach additional pages if necessary. MARK A. GALLANT, P.C. ATTORNEY AT LAW 462 BOSTON STREET SUITE 1, SECOND FLOOR TOPSFIELD, MA 01983 (978) 887-0366 LICENSED IN MASSACHUSETTS AND NEW H MPSEIRE E-MAIL: mgallant@nil.Aet W=SrrE: www.gallantlaw.com ~ ~,1 6, to M, NEWBURYPORM (978) 4630220 PEABODY (978) 538-0066 FAX NUMBER: (978) 887-0321 REPLY TO TOPSFIELD OFFICE November 2, 2010 James Bonazoli, Chairman Board of Selectmen Town of Reading Town Hall 16 Lowell Street Reading, MA, 01867 w RE: 24 Hour Permit Reading Shell Station 87 Walkers Brook Drive Reading, MA 01867 Dear Chairman Bonazoli: My office represents 87 Walkers Brook Drive, LLC (owner) and Leigh Enterprises, Ltd (Operator), 87 Walkers Brook Drive, Reading, Massachusetts on their application for a permit to operate twenty-four (24) hours per day at the Reading Shell Station, .87 Walkers Brook Drive. In accordance with the By-Law, Article 5.10.1, Retail Sales, 87 Walkers Brook Drive, LLC (as Station Owner) and Leigh Enterprises, Ltd (as Operator) hereby requests that they be granted the right to continue operating the above station located at 87 Walkers Brook Drive, Reading, twenty-four (24) hours per day, and specifically requests approval under the said By-Law to operate between the hours of 12:01 a.m. and 6:00 a.m. Effective July 1, 2010, Motiva Enterprises, LLC deeded its ownership of the land and building at 87 Walkers Brook Drive, Reading, Massachusetts to 87 Walkers Brook Drive, LLC whose principal office is located at 87 Walkers Brook Drive, Reading, MA. Said Deed was recorded in the Registered Land Section of the South Middlesex Registry of Deeds, Book 1386, Page 119, Certificate of Title #246786. Leigh Enterprises, Ltd continues to be the operator of the said Reading Shell Station located at 87 Walkers Brook Drive, Reading, Massachusetts. Also, my clients are requesting that the Common Victualler's License also be extended. Kindly schedule the same for a meeting in December, 2010 before the Board of Selectmen for the renewal request. Please let me know the meeting date and time. Also, please let me know if you require that this matter be advertised by a legal notice in the local newspaper. If you have any questions, please feel free to call. Thank you: Very truly, yours, Mark A. Gallant k C"? READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 I Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: wvvw.ci.reading.ma.us/police/ EXECUTIVE SUMMARY Liquor License Renewals - 2011. November 10, 2010 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of all the 2011 Liquor License Renewals. I reviewed the Department's in house computer history (01/01/2010 to 11/08/2010) of the attached Licensee Renewals for 2011 with the following results for your review. LIQUOR: 23 Licensees. No unusual call history for 16 of the 23. Chili's Grill & Bar, 70 Walkers Brook Drive, had. the following incidents involving a police response: 1) 490891, 03/13/10 16:51 hours, report of a male suspect that went to Chilli's twice that day, and was refused service both times because he appeared intoxicated. Suspect left the restaurant on foot, and could not be located. 2) 493467, 05101110 00:31 hours, manager from Chili's restaurant called stating that an intoxicated male was "shut off' at the bar and left. on foot. Male was seen walking into the Macaroni Grill which was closed at the time. Manager of Macaroni Grill reported that the male was passed out in the lobby of his restaurant. Male was placed into protective custody. 3) 501673, 09/23/10 12:35 hours, we assisted the Fugitive Squad with arrests of employees without incident. S Longhorn Steak House, 39 Walkers Brook Drive, had the following incident involving a police response: 1) 488774, 02/01/10 22:43 hours,. possible intoxicated male operating white van. Employee at restaurant offered the male parry a taxi., but male refused and left the restaurant in white van. Unable to locate van. 2) 491441, 03/22/10 21:18 hours, intoxicated male refusing to leave restaurant. The male was placed into protective custody. O es, 26 Walkers Brook Drive, had the following incident involving a police response: 1) 501427, 09/19/10 00:17 hours, as a male patron was leaving-the restaurant he bumped into another patron. Words were exchanged between the two males, and one of the males punches the other in the face (nose). The two males wrestled fora brief time. One of the males then stated he was calling the police, and the other male fled the scene. Due to conflicting stories on scene, and the fact that the victim did not wish to pursue any legal.action, and only minor injuries occurred, the victim was given the option to pursue charges on his own at Woburn District Court. Reading Veteran's Association, 37 Ash Street, had 6 noise complaints during the time parameters requiring a police response. As you know, the Legion rents out the property for functions. Roman's Macaroni Grill, 48 Walkers Brook Drive, had the following incidents involving a police response: 1) 491115, 03/17/10 04:32 hours, report the dumpster being emptied early. The truck left prior to police arrival. 2) 491396, 03/22/10 05:09 hours, report of the dumpster being emptied early. Officer located truck in lot of Walgreens and advised operator of by-law. 3) 493467, 05101110 00:31 hours, manager from Chili's restaurant called stating that an intoxicated male was "shut off' at the bar and left on foot. Male was seen walking into the Macaroni Grill which was closed at the time. Manager of Macaroni Grill reported that the male was passed out in the lobby of his restaurant. Male was placed into protective custody. 4) 497123, 07/03/10 12:38 hours, manager called reporting a male party was sitting at the bar "flashing a badge" and wearing a police hat. Male stated he was there to arrest someone. Badge was confiscated pending further investigation. Male (a suspect out of Lynn) was told not to return. A criminal application was filed against the suspect for impersonating a police officer. S~2 Sam's Bistro, 107 Main Street, had the following incidents involving a police response: 1) 494975, 05/26/10 20:09 hours, report of the construction crew working past 17:00 hours. Crew on scene was finishing up rolling out the new driveway. The by-laws were explained. 2) 499275, 08/11/10 04:03 hours, report of the dumpster being emptied to early. Operator of truck advised of by-law. 3) 500312, 08/30/10 01:36 hours, report of dumpster being emptied. Truck was gone on our arrival. 4) 501370, 09/18/10 00:16 hours, report of employee's being very loud in parking lot. The employee had left prior to our arrival. Square Liquors, listed on renewal application as 11 High Street, is actually located at 13 High Street. No unusual call history. Venetian Moon Restaurant, 680 Main Street, had the following incidents involving a police response: l) 490436, 03/05/10 00:24 hours, report of a fight in progress inside restaurant. Officer located a victim assaulted by a beer glass. Suspect(s) fled the scene. 2) 499394, 08/12/10 23:42 hours, report of possible argument in restaurant. Matter resolved. Based upon the above information, I see no reason why the above.licenses should not be renewed. Respectfully Submitted, "i Sgt. Detective Mark D. Segaila Criminal Division Commander SbI3 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.mams Website: www.readingma.gov MEMORANDUM DATE: October 27, 2010 TO: Beth Licari, Tax Collector's Office FROM: Lillian Marino RE: Liquor License Renewals for 2011. TOWN MANAGER (781) 942-9043 Listed below are the Liquor Licensees for restaurants, clubs and package stores applying for renewal of their liquor licenses for 2011: Bangkok Spice Restaurant 76 Haven Street Chili's Grill & Bar Colombo's Caf6 Fuddruckers 5.0 Walkers 1 530 Main Street 39 Walkers Brook Drive 296 Salem Street Oye's Ristorante Pavarotti Romano's Macaroni Grill 26 Walkers Brook Drive 601 Main Street 48 Walkers Brook Drive Sam's Bistro Venetian Moon Knights of Columbus 107 Main Street 680 Main Street 11 Sanborn Street Meadow Brook Golf Reading Overseas Vets Reading Veterans Assn. 292 Grove Street ..575 Main Street 37 Ash Street Busa's Liquors North Side Liquors Square Liquors 345 Main Street 150 Main Street 11 High Street _ The Wine Bunker Wine Shop of Reading One General Way 676 Main Street We would like to have your comments on these renewals as soon as possible. If you need any additional information, please call me. Thank you for your assistance. CC: Nancy Heffernan Bertucci's Restaurant Cafe Capri N LIQUOR LICENSE REAL ESTATE WATER & SEWER PERS. PROP. CAFE CAPRI 355 MAIN STREET 94.59 COLOMBO'S PIZZA A CAFE 2 BRANDE COURT 1,508.41 106.45 OYE'S 26 WALKERS BROOK DR Prev. tenant has unpaid Pers. Prop. Tax READING OVERSEAS VETERANS 575 MAIN STREET 2,011.82 436.11 RISTORANTE PAVAROTTI 601 MAIN .STREET Prev. tenant.has unpaid Pers. Pro . Tax SAM'S BISTRO 107 MAIN STREET 3,833.71 VENETIAN MOON 680 MAIN STREET 94.16 WINE BUNKER 1 GENERAL WAY COMMON VICTUALLER REAL ESTATE WATER & SEWER PERS. PROP. AROMA CAFE 607 MAIN STREET 94.59 CAFE CAPRI 355 MAIN STREET 94.59 COLOMBO'S PIZZA & CAFE 2 BRANDE COURT 1,508.41 106.45 DANDI-LYONS, INC. 1331 MAIN STREET 1,809.91 119.72 GREEN TOMATO 42 HIGH STREET 83.02 GREGORY'S DELI 162 MAIN STREET 1,245.41 172.16 HOT SPOT IN READING 85 HAVEN STREET 54.82 P & S CONVENIENT STORE 287 LOWELL STREET 13,275.19 1,341.73 88.21 2009 & 2010 are in tax title. The are making month) payments RISTORANTE PAVAROTTI 601 MAIN STREET Prev. tenant has unpaid Pers. Prop. Tax RICHARDSON'S ICE CREAM 50 WALKERS BROOK DR SAM BISTRO'S 107 MAIN STREET 3,833.71 TOWN PIZZA AND-DELI 648 MAIN STREET VENETIAN MOON RESTAURANT 680 MAIN STREET 94.16 REAL WATER & PERS. AUTOMATIC AMUSEMENT" LICENSES ESTATE SEWER PROP. READING OVERSEAS VETERN'S INC. 575 MAIN STREET 2,011.82 436.11 ENTERTAINMENT LICENSE REAL ESTATE WATER & SEWER PERS. PROP. CAFE CAPRI 355 MAIN STREET 94.59 COLOMBO'S PIZZA & CAFE 2 BRANDE COURT 1,508.41 106.45 READING OVERSEAS VETERAN'S AS 575 MAIN STREET 2,011.82 1 1 436.11 RISTORANTE PAVAROTTI 601 MAIN STREET Prev. tenant has unpaid Pers. Prop. Tax VENETIAN MOON 680 MAIN STREET 94.16 CLASS 1, II AND III MOTOR VEHICLES LICENSE REAL ESTATE WATER & SEWER PERS. PROP. GASCO INC. DBA READING MOTORS 1337 MAIN STREET. 3,170.91 931.75 READING AUTO SALES 550 MAIN STREET 54.29 READING SQ. AUTO BODY, INC. 9 CHAPIN AVENUE 1,008.22 REAL WATER PERS. LAUNDROMAT. ESTATE SEWER PROP. LAVA LAUNDRY 47 HIGH STREET 2,734.55 :OF $F,gOl~ Town of Reading ~a~. z Ewa 16 Lowell Street 639:jjvC0 CLQ°4 Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www.readingma.gov TOWN MANAGER (781) 942-9043 MEMORANDUM DATE: October 27, 2010 TO: Larry Ramdin, Health Division FROM: Lillian Marino, Town Manager's Office RE: Renewal of Common Victualler's Licenses for 2011 Attached is a list of Common Victualler's licensees for 2011. We would like you to check to see if a Health Permit has been issued. We would also like to have your comments on these renewals as soon as possible. If you need any additional information, please call me. Thank you for your assistance. lm Attachment MESSAGE .A- L L I/ L I C e✓~ S_ 9L-lp LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of.Reading: 'Plea'se take notice that the Board of Selectmen of the Town of Reading will hold the follow- ing public hearing on Tuesday, November 16, 2010 at 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts: Amending Fees. A copy .of the relevant docu- ment regarding this topic is available in the Town Manager's Office, 16 Lowell . Street, Reading, MA from 7:30 . am-5:30 pm, M-W-Thurs and Tues 7:30 am-7:00 pm and this document is attached to the . hearing notice on the website at www.readingma.gov All interested parties are invited to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on November 16, 2010 to town man a•ger@ ci.read- ing.ma.us By order of Peter 1. Hechenbleikner Town Manager 11/9 Sb I Current Proposed Maximum Department Item Description Fee Fee by law Reason :ire 1 Smoke/Carbon Monoxide alarms 415 BOS vote Jan '10 Single family $15 $25 $50 comp towns $50 Two-family $20 $50 $100 comp towns $100 6 or fewer residential units $10 per unit $150 $150 varies up to $150 7 or more residential units $10 per unit $500 $500 comp towns $500 415 BOS vote Jan '10 'ire 2 Oil Burner installations $15 $25 comp towns $25-50 Propane $20 $25 comp towns $25-50 Combustible storage $15 $25 comp towns $25-50 own Clerk Renew underground storage tanks $12.50 $25 comp towns $25-$200 own Clerk 3 copies of Zoning Bylaws (175 pgs) $15 $30 all now available free online copies of Town Bylaws (96 pgs) $10 $20 increase charges to approximately copies of Town Charter (41 pgs) $6 $10 $0.20/page 'olice 4 Parking/Depot access $25 $35 415 BOS vote Jan '10 Senior $15 $15 (phase to $50 in 2-3 years) 2nd car at same address $10 $15 Police 5 Fingerprinting. none $25 comp towns $25+ Finance 6 Lien Certificates - SF home $25 $50 comp-towns $40-$60 (doing 25-50/wk; mt refi's 1 Public works 7 Water/sewer - charge for final bill none $25 comp towns $25 final meter reading & bill prep. 'ublic works 8 Sprinkler per Head charges $0.25/6 mos. $0 Eliminate fee ($4800/yr) Nuisance sized bills to businesses Penalizing good fire prevention Comm. Svcs. 9 Annual blanket fee for commercial none $300 Eliminate many small fees & trips with on-staff electricians - to apply Approximately revenue neutral only to routine maintenance and not to new construction or renovation Comm. Svcs. 10 Reinspection fees -building permits none $30 415 BOS vote Jan '10 align with electric/gas/plumbing Comm. Svcs, 11 Establish Site Plan Waiver Fee none none .415 BOS vote Jan '10 too onerous on small businesses 562 oFReAO'~c HEADQUARTERS READING EIRE DEPARTMENT w° Reading, Massachusetts 01867 33:/NcoR4o~ GREGORY J. BURNS, Chief 757 Main Street BUS. Phone: 781-942-9181 STA. Phone: 781-944-3132 Fax: 781-942-9114 TO: Mr. Peter I. Hechenbleikner, Town Manager FROM: Chief Gregory J. Burns DATE: April 14, 2010 RE: Fire Department Fee Schedule The Fire Department's fees have not been updated in several years.. I have requested fee data from surrounding communities and received information from Wakefield and Stoneham. Below is the data from surrounding communities: Description Reading Wakefield Stoneham Smoke/Carbon Monoxide Alarms Single Family 15 50 50 Smoke/Carbon Monoxide Alarms Two Units 10 per Unit 100 100 Smoke/Carbon Monoxide Alarms Three to Five Units 10 per Unit 150 50 Smoke/Carbon Monoxide Alarms Six to 25 Units 10 per Unit 500 50 plus 25 perunit Smoke'/Carbon Monoxide Alarms Over 25 Units 10 per Unit 500 125 plus 50 per unit - Oil Burner Installations 15 25 50 Tank installation 25 50 50 Propane (Above and below ground) 20 .25 50 Tank Truck Permit 50 25 50 Flammable and Combustible Storage 15 25 50 Permits issued by the head of the fire department are regulated by Massachusetts General Law Chapter 148 Section 10A. This law allows the Board of Selectmen to set the following maximum fees: ➢ A maximum permit fee of up to $50 may be charged for each permit issued. ➢ The fee for smoke detector and carbon monoxide alarm inspections may be increased up to the following maximum fee: o Single dwelling unit $50 0 2- Family Dwelling $100 0 6 or fewer residential units $150 0 7 or more residential units $500 It takes approximately 40 minuets of staff time for each permit generated. Most of these routine inspections are performed by the fire personnel assigned to a piece of fire apparatus. The cost of staff time is estimated at $25.00. After analyzing our permit data, the fees we currently charge and data from Wakefield and Stoneham, I recommend: a. Institute a minimum permit fee of $25 (existing permits over $25 to remain). We're Your Friends for Life Page 1 of 2 b. Increase fees for smoke detector ar following schedule: i. Single dwelling unit ii. 2- Family Dwelling iii. 6 or fewer residential units iv. 7 or more residential units id carbon monoxide alarm inspections to the $25 $50 $150 $500 This option would generate a minimum of $4,635 in additional revenue. SbN We're Your Friends for Life Page 2 of 2 Town of Reading Town Clerk Memo To: Board of Selectmen From: Laura A Gemme, Town Clerk Date: November 10, 2010 Subject: Town Clerk Copy Fees Town Clerk's sell about 30 copies of the Zoning Bylaws, 20 copies of the Town Bylaws, and about 20 copies of the Town Charter a years. These numbers are just estimated. We are requesting to raise the fees to coincide with the $.20 per page fee we charge for copies. This keeps the per page cost below the maximum of $.25 by the State Item Current Fee Proposed =Fee copies of Zoning Bylaws (175 pgs) $15 $30 copies of Town Bylaws (96 pgs) $10 $20 copies of Town Charter (41 pgs) $6 $10 sbs t ~ 1. rw~J lNCQR?,gv~ Tamed. W. Cormier Chief of Police November 10, 2010 RFADiNG PoLicE EP Tmim OFFICE OF TIM F 15 Union Street, Reading, Massachusetts 01867 Pmergenq Only: 911 All Other Calls: 781-944-1212 Fax.: 781.-944-2893 &Maih Xormier@ci.reading.ma.us To: Peter I. Hechenbleikner, Town Manager From: Chief James W. Cormier Re: Police Department Revenue Fees The Reading Police Department is recommending adding a new fee to .the fees collected by the Police Department and we did an analysis on another fee that we currently collect. The new fee proposed would be to charge' for fingerprinting services. We currently provide this service approximately twice per week and it takes approximately 20 to 30 minutes of staff time per service. This service is provided generally by the Detective Division. The cost per hour on average is $35 per hour. Below is the breakdown of the study we have done, as well as the proposed fee. Town/City Residents Non-Residents Reading - as is $0 Do Not Print Reading - proposed $25 - 2 cards Do Not Print Reading averages two per week over past three years so potential revenue from this process is about $2500.00 per year. Survey of 30 area communities and the fees they have for fingerprinting. All FY2011 data. Seven of 30 do not print non-residents. Twelve do not charge residents and six of those do not charge non-residents, either. The rest range from $5 - 25 per card. Two cards are usually requested. s6(a Town/City Residents Non-Residents Acton - - $10 per card $10 per card Andover $20 - 2 cards $20 - 2 cards Arlington $25 $25 Belmont $10 per card $15 per card Billerica $0 $0 Burlington $0 $15 per person Cambridge $15 per card $15 per card Chelmsford $10-one card, $5 2nd Do Not Print Cohasset $0 $0 Concord $0 $0 Dedham $0 Do Not Print- Framingham $5 per card $10 per card Hampton, NH $25 flat rate $25 flat rate Holden $10 flat fee $10 flat fee Leominster $10 per card $10 per card Lincoln $10 flat fee $10 flat fee Lowell $5 per card $5 per card Lynn $0 $0 Malden $10 $15 Marlboro $0 Do Not Print Medford $5 Do Not Print Melrose $25 - 2 cards $25 - 2 cards Nashua, NH $25 per card $25 per card Pepperell $0 $0 Saugus $10 flat rate $10 flat rate Stoneham $25 - 2 cards $25 - 2 cards Tewksbury $0 Do Not Print Watertown $0 Do Not Print Wilmington $0 $0 Woburn $0 Do Not Print The fee increase we evaluated is an increase in the Resident Depot Parking / Compost Access stickers. The increase would go from $25 per year to $35 per year for the first car at a residence. The second car which is currently $10 would increase to $15. The cost for Senior Residents would not change, it would remain at $15 per year. We distribute approximately 3500 resident access stickers per year. Conservatively we would estimate the increase in revenue from this increase to be approximately $25,000. Our annual revenue from this area is approximately $70,000. This fee has not increased in at least five plus years. Respectfully submitted: Chief James W. Cormier ,Sb1 Town of Reading 16 Lowell Street Reading, MA 01867 Fax: (781) 942-9037 Finance Department Website: www.readingma.gov Phone: (781) 942-9005 TO: Mr. Peter I. Hechenbleikner, Town Manager FROM: Nancy Heffernan, Treasurer/Collector DATE: November 9, 2010 RE: Municipal Lien Certificate'Fees A municipal lien certificate (MLC) is a legal document that lists all taxes, assessments and utility charges owed on a parcel. These documents are usually requested by law offices in preparation of a refinance or sale of a property. The fee for each certificate varies from $25 to $150, depending on the class of property. If a property has more than one parcel of land, a certificate must be ordered for each parcel. In Reading, because RMLD's main office is situated in town, we are required to include any unpaid electric bills as well as the water, sewer and storm water charges. We further have Engineering research each property to identify any betterments voted but not yet assessed as well as pertinent information such as access is via a private way or that a Title V inspections will be required. The most recent comprehensive survey done in 2003 suggested that Reading MLC fees were lower than the average (as shown below). The MLC fees have not changed since then - in fact they have not changed since 1987: Description Reading (2003) 2003 Avg. (survey) Reading vs. Avg. Reading (2010) Land of less than 1 acre $25 $37 -$12 $25 One to Three Family Residence $25 $41 -$16 $25 Four or more Family Residence $100 $95 $5 $100 Commercial / Industrial $150 $178 -$28 $150 We are seeking to increase the MLC fees for Land and One to Three Family Residences from $25 to $50. An informal survey of surrounding towns in 2010 suggest that $50 is now the going rate, up from $41 several years ago. In addition, we estimate that the average 35 minutes of staff time (from five different employees) to prepare an MLC plus materials puts the average cost between $45 and $50. Town of Reading. 16 Lowell Street Reading, MA 01867-2683 Fax: (781) 942-5441. PUBLIC WORKS Website: www.readingma.gov (781) 942-9077 TO: Peter I. Hechenbleikner, Town Manager FROM: Jane C. Kinsella DATE: November 9, 2010 RE: $25.00 Fee for Final Water Bill An average of 20 final water bills are generated through the DPW water division every month. Currently, it takes over 2 labor hours between the water billing clerk, a skilled laborer/meter technician and the collector's office to generate and collect (1) final water bill. To offset some of the time required, I recommend that we charge a $25 service charge for a final water bill. The fee can be incorporated as a service charge attached to the final water bill, thereby eliminating the need for a separate mailing. This service charge could conservatively bring in $6000.00 per year. Thanks in advance, Jane C. Kinsella cc: Jeffrey Zager .S 6q Town of Reading 16 Lowell Street Reading, MA 01867-2683 Fax: (781) 942-5441 Website: www.readingma.gov PUBLIC WORKS (781) 942-9077 TO: Peter I. Hechenbleikner, Town Manager FROM: Jane C. Kinsella DATE: November 9, 2010 RE: Fire Sprinkler Fee For Connection to Water Supply The Department of Public Works currently bills at a rate of 12.5¢ per sprinkler head every 6 months for a total annual revenue of $4858. There are 67 bills ranging from $1.00 - $315.00, with 32 of these bills under $20 each. The process of generating a bill, mailing/postage, and collecting these fees do not cover many of the locations billed. Therefore, it is my recommendation that the Board of Selectmen consider elimination of the semi-annual billing for sprinkler head charges. Thanks in advance, Jane C. Kinsella cc: Jeffrey Zager JEAN DEMOS Town of Reading Community Services Director / Town Planner 16 Lowell Street Phone: (781) 942-6612 Reading, MA 01867-2683 Fax: (781) 942-9071 jdelios@ci.reading.ma.us MEMORANDUM To: Peter Hechenbleikner, Town Manager From: Jean Delios, Community Services Director/Town Planner Date: November 8, 2010 Re: Fee Schedule - Community Services Department The Community Services Department has reviewed fees and recommends the modification of fees as follows. Annual Blanket Fee for Maintenance ONLY - Electrical Permit (Commercialhnstitutiona1) This is a way to allow one annual .fee to cover routine maintenance (not new construction or renovations) related to commercial or institutional electrical work. A blanket annual permit would be issued for larger commercial operations that have on-going electrical work being done, typically by staff electricians. The proposed annual fee is '$300/year. This eliminates the many small fees and trips to Town Hall to pull permits. It is projected to be revenue neutral An example would be for one of the nursing homes in town. They have staff and. routinely perform electrical work to their building. This would simplify things by allowing a one time permit to cover all of the maintenance related work they perform over the year and one fee. Re-inspection fee for Building Permits The building permit process currently does not include a re-inspection fee like electric/gas/plumbing. The recommendation is to adopt a $30 re-inspection fee for building permit applications to make permitting consistent across the trades.. There are no anticipated customer service impacts. Site Plan Review Waiver Fee In early 2010, the department proposed establishing a Site Plan Review Waiver Fee but after a more careful review a new fee is not proposed. It was decided that this fee would not be implemented because it would be too onerous on small businesses and would not bring in much revenue. This would be a positive move towards our customer service goals. 'bll Although there have been 21 site plan review waiver request in the last three years, many have been for small projects that do not have major impacts to the surrounding area and thus do not require a significant review by staff or the CPDC. Exterior construction or alterations greater than 300 square feet, interior renovations over 1,000 square feet, a change of use (ex: office to retail) or expansion of a commercial parking lot requires site plan review. The CPDC can grant a waiver from the full site plan review if the construction is interior only, the change of use is in the same use category, or when the property has undergone site plan review within last 5 years. Many of the waivers granted by the CPDC were for interior or small exterior construction purposes such as installing new bathrooms, handicap ramps, new entrance doors or a change of.use such as a small fitness center in a former cafe space, a hair salon in a former office space, or Paul's TV in Jordan's Furniture. Other communities that have similar triggers for site plan review don't charge a fee for waives or are between $25 and $75. If a new fee is imposed, $30 - $50 is a reasonable application fee which would only bring in approximately $300 - $400. We are working very hard to improve upon our business friendly atmosphere and adding this fee may not be in keeping with that. The analysis of fees is an on=going item for the Community Services Department. We anticipate further review once the permitting software is purchased and implemented. s~~z DRAFT 2011 'own Manager's Goals and Action Plan Town of Reading MA Finance - Reading will continue to evaluate revenue sources, cost reduction, regionalization of services, and level of services with the goal of maintaining long term fiscal stability of the community while providing a level of service that the community can sustain. 1. Complete labor negotiations for contracts through 6-30-2014 within the resources of the Town and its ability to sustain those labor agreements overtime. 2. Participate in the School labor contract negotiations per Education Reform Act provisions 3. Limit reliance on non-recurring revenue including reserves. 4. Apply for outside resources funding to support operating and capital or other one time expenses. 5. Participate in and encourage public/private partnerships that provide in-kind services provide significant cost savings and as such should be expanded to achieve added savings. 6. Implement highest priority FINCOM recommendations on revenue enhancement resulting from the September 2010 Financial Forum: a. Sale of land - Pearl Street b. Sale of land - Lothrop Road c. Use/sale of Oakland Road d. Additional cell sites e. Advertising via billboards Services - Reading will continue to provide municipal services in as cost effective, efficient, and customer service friendly manner as possible. Where reasonable a self service element to Town services will be available for those who choose to use it. 7. Train employees on the customer service policy; continue to measure customer satisfaction; identify and recommend changes to regulations that do not meet customer service goals, or that will make them easier for customers to understand and use. 8. Implement a tracking and management system for permits and licenses for most Town Departments that issue permits and licenses. 9. Review and improve the Town web site. Provide electronic customer interaction with the Town, including a "customer service request" module. 10. Develop and implement programs at the Mattera cabin, and develop a. funding program to make the cabin self sustaining Operations - Reading will continue to provide as fall a range of municipal services that meet community needs and desires as resources allow. 11. Continue to work on the priority items from the DPW Management study 12. Add additional technology including: a. Assessors CAMA b. Master Address database c. new MUNIS modules - Upgrade to version 8.0,.Implement Employee Training and Certification Tracker; explore employee Self Service Module, d. Mass Communications system e. Evaluate the use of social media into the Town's communication network, and set policies for use of social media 13. Expand the Records Management efforts including beginning to provide records as appropriate to the public via the web site. 11/10/2010 1 s~ o DRAFT 2011 Town Manager's Goals and Action Plan Town of Reading MA Health and Safety - Reading will continue to focus on strong public health and safety services with a goal of making the community one of the healthiest and safest communities in suburban Boston. 14. Complete evaluation of regionalization of Public Safety Dispatch. 15. Focus public health, School, Substance Abuse, and other resources on a Healthy Community model with an initial focus on obesity prevention as one of the major health crises facing our country. Find ways to encourage walking, cycling, and other activities. These efforts may involve many departments, with efforts led by the Health Division. Community Development / Sustainability - Reading has worked to maintain the character of the community, while making planned and deliberate improvements to the Town. Major efforts have been led by the Board of Selectmen, the CPDC, the Economic Development Committee, and the Advisory Committee on Cities for Climate Protection. The World Cafe held in 2008 helped inform the above bodies of public opinion on the future of Reading. The list below is intended to address major high priority action items for 2010 to implement this vision. 16. Continue progress towards meeting the required 10% of housing units (as re-defined by the 2010 federal census) as affordable. This goal may be met through development of the a. Addison Wesley Pearson site, b. Oaktree c. Mawn d. Peter Sanborn Place, e. additional units in downtown as feasible. 17. Work towards the beginning of construction of major private downtown development projects - Oaktree, Mawn, Lynch, and other opportunities. 18. Complete South Main Street design guidelines and proposed amendments to zoning to achieve those design guidelines. 19. With the Economic Development Committee, develop and implement a process of annual designation of improvements and events consistent with resources and the new "Downtown Improvements and Events Trust Fund. a. begin implementation of Wayfinding signs b. Plan for next year's Fall Street Faire - make the Fall Street Faire committee a formal committee of the Town c. Begin the fagade design and loan program 20. Implement high priority parking recommendations for downtown: a. improve parking directional signs (Wayfinding project); b. sharing of private parking spaces; c. valet parking; d. expand parking supply; e. bike routes throughout town £ bus shelters - find funding sources 21. Continue sign enforcement efforts to bring all non-conforming signs into compliance 22. Develop an action plan for re-use and/or redevelopment of the properties behind the RMLD in the area bounded by Ash Street, the RR tracks, and Pond View Drive 23. Evaluate the acceptance of the Green Communities program in Reading. 24. Continue to work with Town, School, Facilities, and Light Departments to meet Sustainability goals for CO reduction, anti-idling, etc.. 2 SG Z 11/10/2010 DRAFT 2011 Town Manager's Goals and Action Plan Town of Reading MA Asset Management - Reading will strive to maintain and improve the current and desired . capital assets of the community through long term capital planning in a fiscally prudent manner. Where resources for major projects are not available within available resources, and grants and outside resources are also not available, the community may be asked to support such improvements through additional taxes. 25. Complete the work of the, ad hoc Municipal Building Committee: 26. Develop a process and funding mechanism for implementing high priority building projects: a. Cemetery Garage b. Library c. DPW vehicle maintenance d. Improvements to operation, safety/security, and aesthetics of DPW site 27. Continue the process of grant application, design, approval, funding, and construction of additions to and renovation of the Reading Public Library 28. If successful in obtaining the grant, implement the "Green Repair" program at Birch Meadow and Killam Schools. 29. Subject to funding approval in 2010, implement the Haverhill Street water main distribution project 30: Secure the services of a Landscape architect for Birch Meadow site. 31. Continue efforts to add to the Town's trail system, including progress to implementing the Ipswich River Greenway; 32. Continue to work towards funding for the West Street project. Governance, Regulation, and Policy Development - Reading will continue to ,address major emerging issues through development, modification, improvement, and simplification of bylaws, regulations, and Selectmen's policies. As a general rule, the fewer and simpler the regulations the better. Additionally, Selectmen's policies may be used to memorialize current and proposed administrative practices to provide an historical record and direction for the community in the future. 33. Develop funding for comprehensive review and revision of the Zoning Bylaw. 34. Review the need for Earth Removal regulations and determine the best way to implement regulations. 35. Establish a policy on naming of facilities and sites in the community. 36. Establish a communications policy for the town working off the elements of a past Department head retreat on communications. Specifically include in the policy and subsequent training, policies on the use of social media as part of the Town's efforts to communicate with its residents and others. 37. Conduct a complete review and re-write of the Traffic Rules and Regulations. 38. Complete with the Bylaw Committee, Town Clerk, and Town Counsel a full review of the general bylaws (required every 10 years by Charter) Human Resources/Personnel - The human capital of the community is the major resource that is necessary to achieve the provision of services to the community. This human capital includes employees, officials, members of Boards, Committees and Commissions, and the human capital of the community as a whole. Human capital is to be supported and respected by the Town. 39. Evaluate the provision of a Disability Insurance program for active employees and the parameters of any such program. 40. Continue B/C/C ChairNice Chair training. 3 ~--G 3 11/10/2010 DRAFT 2011 Town Manager's Goals and Action Plan Town of Reading MA 41. Implement training. on Ethics and Open Meeting law as required by the recent changes in law. 11/10/2010 4 ~cK Page 1 of 1 Hechenbleikner, Peter From: Vincent Cameron [vcameron@RMLD.com] Sent: Tuesday, November 09, 2010 2:45 PM To: Hechenbleikner, Peter Cc: Kevin Sullivan; Tom O'Connor; Paula O'Leary Subject: Reading Double Pole List Attachments: Read ingDoublePoleListNov-201 0.pdf Attached is the updated Reading Double Pole List . Verizon continues to remove double poles and the list is most likely outdated the day after it is created. In the past year a total of 127 double poles have been removed (mostly by Verizon), the most progress we've ever seen. Verizon, Comcast, and Fire Alarm are also responding quicker to our notifications. 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Present were Finance Committee Chairman Marsie West, Vice Chairman David Greenfield and Members Mark Dockser, Bryan Walsh, Barry Berman, Kevin Leyne and Francis Fardy. Also present were Town Manager Peter Heckenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Board of Selectmen Chairman James Bonazoli, Vice Chairman Camille Anthony and Selectmen Richard Schubert, Ben Tafoya and Stephen Goldy, Superintendent of Schools John Doherty, EDC Member Russ Graham, Matt Casey (Reading Patch), Board of Library Trustees Vice Chairman Richard Curtis, and Members Vicki Yablonsky and Cherrie Dubois, Library Director Ruth Urell, Principal Patty de Garavilla and Director of Human Resources and Finance Mary DeLai (School Department), School Committee Chairman Chris Caruso, Vice Chairman Chuck Robinson and Members Karen Janowski, David Michaud and Hal Croft, School Committee Student Representative Jared Beanlieu, Fire Chief Greg Burns, Police Chief Jim Cormier, Public Works Director Jeff Zager, DPW Business Administrator Jane Kinsella, Town Accountant Gail LaPointe, Town Meeting Member John Arena, Bill Brown. There being a quorum, the Finance Committee Chairman called the meeting to order at 7:09 p.m. The Chairman of the Board of Selectmen called their meeting to order, the Chairman of the School Committee called their meeting to order, and the Board of Library Trustees called their meeting to order at 7:30 p.m. Finance Committee Chairman Marsie West gave opening remarks and introduced everyone to the first Financial Forum of the budget year. The Assistant Town Manager reviewed the budget calendar noting that there will be three financial forums this year (September 15th, October 27th and January 27th). The School Committee's Budget meetings are also shown on the meeting handout. The Assistant Town Manager explained the budget process. Generally, the financial forums are held earlier in the year in the Fall and Winter while the Finance Committee begins meeting at the end of February or early March to prepare the Budget for the Annual Town Meeting in the Spring. The Town Manager's Budget is finalized in February. Discussion/Action Items Revenues: Current Estimates - Town Accountant Gail LaPointe reviewed Reading's reserve funds. She explained the existing reserves held in stabilization funds shown on Page 4 of the handout. The Town has several stabilization funds that include a general fund, a Smart Growth Incentive Payment Fund, Employee Buy-Back Fund, Sale of Real Estate Fund and Certified "Free Cash" Fund. A little over $1.5 million is in the general fund. The Smart Growth Incentive Payment Fund that holds $700,000 and includes the two $350,000 payments the Town received from the State for adopting smart growth districts (the gateway smart growth site and the Downtown district). This money was placed in the stabilization fund because if construction does not begin within a certain time period, the Town must return the money to the State. The sale of real estate fund includes properties such as the former landfill and approximately $4 million is left in the free cash. 6Q,l Board of Selectmen Meeting_ September 15, 2010 - Page 2 Revenues: Historic Re> eneration - The Town Accountant reviewed the history of Reading's reserve funds (from 2005 to 2010), and how it has varied from the original budget approved by the Town Manager and Town Meeting to the actual budget over the years. The amount of money in the Intergovernmental has the largest variance which includes money from the State and Federal government. In 2009 and 2010, the Town received significantly less than what was originally budgeted. The Investment Income was relatively high during 2007 and 2008 because of the high school construction project but the Town didn't budget for the high interest level. The Revenues have exceeded the Town's Budget for the last five years but in 2009 and 2010, there was a shift and the revenues no longer have exceeded the budget as it has in the past. Expenditures - The Town Accountant reviewed the variances in the expenditures shown on Page 5 of the meeting handout. When money that is budgeted is not spent, it is returned into the free cash fund. For example, the trash account was lower over the last couple of years than what was budgeted because people tend to generate less trash during economic recessions. The million dollars in the trash fund is then returned and will go into free cash. The Assistant Town Manager pointed out that when reviewing the budget from previous years, to keep in mind that it is the final budget and not necessarily what was approved in the Spring because sometimes money is transferred during the year. Town Land Overview - The Town Manger provided a list and map showing all of the vacant Town own land in Reading. The parcel size and land values are also included on the handout. Many of the Town's vacant parcels are conservation land with strict restricts or swamp lands with significant limitations. Only a couple parcels are opportunities for the Town to sell to generate some revenue. The Oakland Street and Pearl Street parcels are the only potential sites. The Town Manager suggested some of the swamp land be transferred to the Conservation Commission. Board of Selectmen Chairman James Bonazoli asked how the land values were calculated, and the Town Manager explained that they were the assessed value from the Town's Board of Assessors. Bill Brown asked how the Town transfers land, and the Town Manager responded that land transfers are executed by a vote of the Board of Selectmen. Revenues - The Assistant Town Manager reviewed the Town's revenue in the restricted and unrestricted funds. Restricted funds are funds designated for specific purposes, and can only be spent for those purposes. The restricted funds are shown on Pages 19-21 of the handout. Page 24 of the handout shows recent revenue and expense savings and efforts from the Town. Savings in expenses include items such as sick leave buyback for employees, changes in the health insurance program, the energy performance contracting and reduced sick leave. Recent revenue savings include the incentive payments from the Smart Growth Zoning Districts, a review of all Town fees and the local meals tax. Brainstorming Session - Finance Committee Member Mark Dockser facilitated a brainstorming session where meeting participants provided revenue ideas in small groups. A letter to the Finance Committee from Reading resident Dave Talbot on revenue ideas was distributed. After each group shared their ideas for potential revenue sources with the whole group, everyone voted on what was considered to be opportunity areas where the Town should focus their efforts. The items identified as the top priorities included the sale of Town owned land, billboards and advertising, renting space for cell towers and wireless communications, hiring a public relations or economic development officer and naming rights. , Board of Selectmen Meeting - September 15, 2010 -Page 3 Finance Committee Chairman Marsie West described the next steps and explained that the Finance Committee would summarize the results of tonight's meeting. The next Financial Forum scheduled for October 27th will focus on expenses. On a motion by Berman seconded by Greenfield, the Finance Committee voted to adjourn the meetiniz of September 15, 2010 at 9:05 p.m. by a vote of 7-0-0. On motion by Robinson seconded by Michaud, the School Committee.voted to adjourn the meeting of September 15, 2010 at 9:00 p.m. by a vote of 5-0-0. The Board of Selectmen continued in session. The Board reviewed a draft Charter amendment dealing with the issue of referendums. Selectman Stephen Goldy felt that the issue may be somewhat rushed and we should take a little bit more time with it. Other members felt that it should move forward. The direction of the Board was to include the draft referendum language as a Charter amendment in the draft warrant for consideration by the Board on 9/21/10 and have Town Counsel available. Town Counsel will be specifically able to discuss questions of timeframes for a referendum. On motion by Bonazoli seconded by Schubert, the Board of Selectmen voted to adjourn the meeting of September 15, 2010 at 9:15 p.m. by a vote of 5-0-0. Respectfully submitted, Secretary (0&3 Board of Selectmen Meeting . October 26, 2010 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which. any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman Camille Anthony, Secretary Richard Schubert, Selectmen Stephen Goldy and Ben Tafoya, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Town Engineer George Zambouras, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Stephen Chapman, Joseph Curto, Robert Nordstrand, Ralph Col orusso, Fred McGrane, Bill Boatwright, Pat Sullivan. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Ben Tafoya noted that he attended the Memorial Park Ribbon Cutting Ceremony and thanked the Burbank Family, the Reading Co- Operative Bank and Friends of Reading Recreation for their generosity. He also noted that he observed a discussion with Pulte Homes and residents - it was a very good discussion, and they discussed parallel parking instead of head in for vehicles facing Curtis Street residents. He stated that the Economic Development Summit was postponed until November 9, 2010. Selectman Richard Schubert noted that he attended a reception for the historic inventory with the Town Manager and it was a nice presentation. Chairman James Bonazoli noted that the Federal Government is looking to get involved in doing work on Route 93 North of Reading. Selectman Stephen Goldy noted that he attended the Memorial Park Ribbon Cutting Ceremony. He also presented the Town Manager with a petition from Whittier Road, Tennyson Road and Wadsworth Road to have their roads paved. He requested that this be put on a future agenda. Vice Chairman Camille Anthony noted that she read an article about a group in Beverly and Salem trying to recycle bottles out of the public areas, and Selectman Ben Tafoya noted that this would be a great scouting project. Vice Chairman Anthony also noted that there are eight double poles on Franklin Street from Main Street to Haverhill Street. Chairman James Bonazoli noted that he received correspondence regarding how we do health inspections, and indicated that it would be helpful to know that information at the Economic Development Summit. Public Comment - Bill Brown had questions regarding the new municipal sign in the parking lot. bbl Board of Selectmen Meeting - October 26, 2010 - Page 2 Town Manager's Report The Town Manager gave the following report: ♦ Help Wanted - RMLD CAB member. ♦ Library Project - OPM hired, Architect selected, ad hoc Library Building Committee established. ♦ Election - November 2nd. The deadline for applying for absentee ballots is noontime November 1st, and the Town Clerk will accept ballots up until close of Election Day. ♦ There are a number of ballot questions on the November 2nd ballot including Question 3 which would reduce the Sales Tax to 3%. The impact of this question would be to reduce State revenues, an estimated $1 billion in the second half of this fiscal year. (starting January 1, 2011), and would reduce revenues an estimated $2.5 billion in FY 2012. If these reductions were done evenly across the board for State discretionary budget accounts, the estimated reduction to the Town of Reading would be almost $1.5 million in FY 2012, in addition to any other reductions that may be required to balance the State Budget. Community Development ♦ The latest business to open in Reading is Embellish Hair Salon at 580 Main Street. Welcome to this new Downtown business. ♦ The Wine Bunker is under construction. We had to require the owner to make some modifications to the plan presented to the Community Services for permits because they had exceeded the Board of Selectmen maximum allowed retail space by over 10%. ♦ RCASA students will be doing surveys on tobacco products in the community. We received a grant for this work. Public Safety ♦ The Town has purchased a new Mass Communication Program, We are set to begin the set-up and once that is completed, we will be rolling out public information on the system including the "opt in" features. Public Works ♦ Recycling and Rubbish - Regular enforcement starts the week of November 1st - all regulations need to be complied with. e Curbside Leaf Collection will be conducted the weeks of November 1 st, November 15th and November 29th, and two Spring collection dates to be announced. ♦ We have received signed church snow plowing agreements from the First Baptist Church and the Korean Church of the Nazarene. We are expecting one more agreement. N October 2010 ® street sign LotterOctober Street sign lottery. Construction Projects in progress or to be done this year: ♦ Road Improvements - ® Harrison Street - Milling was done late last week. Paving should be done next week. • Arlington Street - (Woburn Street to Prescott Street), Haverhill Street (Wakefield Street to Timberneck Drive), Marla Lane (Forest Street to Spruce Road) - Miliing.was done late last week. Paving should be done next week. ♦ Memorial Park - DONE. 1j'Zi Board of Selectmen Meeting - October 26, 2010 - Page 3 Proclamation/Certificates of Appreciation Proclamation - Red Ribbon Week - A motion by Bonazoli seconded by Schubert to approve the Proclamation proclaiming October 23-31, 2010 as Red Ribbon Campaign Week was approved by a vote of 5-0-0. Discussion/Action Items Continuation = Causeway Road - Town Engineer George Zambouras noted that the residents had asked the Town to shift the roadway away from their homes. He also noted that it is 60- 70% more expensive to move the road instead of widening. The revised total cost is $428,000, and $331,000 of that would be assessed betterments. Selectman Richard Schubert noted that the RMLD trucks are heavy, and he asked if the reconstruction will withstand that, and the Town Engineer indicated that it will. Stephen Chapman of 66 Causeway Road noted that his portion of the roadway floods. He suggested ways of reducing the cost including taking out $3,000 for the removal and setting of telephone fence on the RMLD property, and the $20,000 for the police details. He also noted that the public section of the road is draining into the private section, and the residents are being asked to pay the $55,000 to correct it. Mr. Chapman indicated that curbing is not necessary on Causeway Road because there is no traffic - there are only 12 homes on the street. The Town Engineer noted that if there is equipment in the road, then a police detail is needed unless all of the residents park elsewhere. Joseph Curto of 81 Causeway Road noted that Mr. Fisher purchased the land and deeded it over to Leighton who abandoned the property so it belongs to the Town. After much discussion among the Board about the cost with granite curbing and without, the following motion was made: A motion by Goldy seconded by Schubert to approve the acceptance of Causeway Road as a public way, and establish the betterments for the improvement of the private portions of the road not to exceed a total of $230,000, which reflects the proposed construction estimates included in the Board of Selectmen packet ($308,000) less the following items: o Relocate utility poles $30,000 ♦ Remove granite curb except the throat stone as needed. With the revised betterment cost to be distributed among the assessed property owners on the same basis as shown on the chart entitled "Causeway Road Estimated Betterment Assessments" dated 10/26/10. All subject to approval of Town Meeting. The'motion was approved by a vote of 5-0-0. Hearing - Street Acceptances: Benjamin Lane and Kylie Drive - The Secretary read the hearing notice for.Benjamin Lane. The Town Manager noted that the work has been completed. 6 b3 Board of Selectmen Meeting - October 26; 2010 - Page 4 A motion by Anthony seconded by Schubert to close the hearing on accepting Benjamin Lane as a public way was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafova to recommend the acceptance of Benjamin Lane as a public way was approved by a vote of 5-0-0. The Secretary read the hearing notice for Kylie Drive. The Town Manager noted that the work has been completed. A motion by Anthony seconded by Tafoya to close the hearinjZ on accepting Kylie Drive as a public way was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya to recommend the acceptance of Kylie Drive as a public way was approved by a vote of 5-0-0. Preview Tax Classification - Board of Assessor Members Bob Nordstrand, Ralph Colorusso and Fred McGrane were present. Also present were Appraiser Bill Boatwright and Assistant Appraiser Pat Sullivan. Bob Nordstrand noted that the Selectmen will need to hold a hearing by December to set the tax rate. Bill Boatwright reviewed the process including timelines. Selectman Ben Tafoya noted that the spreadsheets that the Selectmen usually get for the hearing are very helpful, and he requested that the actual tax rates for those years be added to the spreadsheet. He also requested the number of properties involved if the Selectmen choose the commercial exemption. The Town Manager noted that there is no need to spend time on open space. He asked if the Selectmen want a recommendation from the Board of Assessors, and the Selectmen indicated that they do want a recommendation. The Assistant Town Manager noted that property valued at $400,000 pays $5,500 in property taxes. Review Town Meeting Warrant - The Town Manager reviewed the Warrant Articles. A motion by Goldy seconded by Tafova that the Board of Selectmen recommend the subject matter of Article 3 was approved by a vote of 5-0-0. A motion by Anthony seconded by Tafova that the Board of Selectmen recommend the subject matter of Article 4 was approved by a vote of 5-0-0. A motion by Anthony seconded by Goldy that the Board of Selectmen recommend the subject matter of Article 5 was approved by a vote. of 5-0-0. Eby Board of Selectmen Meeting - October 26, 2010 - Page 5 A motion by Anthony seconded by Goldy that the Board of Selectmen recommend the subject matter of Article 6 was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya that the 'Board of Selectmen recommend the subject matter of Article 7 was approved by a vote of 5-0-0. A motion by Tafoya seconded by Goldy that the Board of Selectmen recommend the subject matter of Article 8 was approved by a vote of 5-0-0. A motion by Anthony seconded by Schubert that the Board of Selectmen recommend the subject matter of Article 9 was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya that the Board of Selectmen recommend the subject matter of Article 12 was approved by a vote of 5-0-0. A motion by Tafoya seconded by Anthony that the Board of Selectmen recommend the subject matter of Article 13 was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya that the Board of Selectmen recommend the subject matter of Article 15 was approved by a vote of 5-0-0. A motion by Anthony seconded by Tafoya that the Board of Selectmen recommend the subject matter of Article 16 was approved by a vote of 4-1-0, with Goldy voting against. Selectman Stephen Goldy noted that he will not support this Article because it is complicated and open to interpretation. Establish Process of Annual Performance Review for Town Manager - The Town Manager noted that the Chairman needs to appoint a couple of members to do the Town Manager's Performance Review. The Chairman appointed Selectmen Ben Tafoya and Stephen Goldy to do the evaluation on December 14, 2010. Comments on Scenic Road Application - 46 Walnut Street - The Town Manager noted that the owner wants to move his driveway over but since he lives on a scenic road, the Selectmen have the opportunity to comment. There was no comment from the Selectmen. Review Fees - The Assistant Town Manager reviewed the proposed fee increases. He noted that it will not raise much revenue but just bring up our fees to what other towns are charging. The hearing to amend the fees is scheduled for November 16, 2010. Approval of Minute's A motion . by Anthony seconded by Tafoya that the Board of Selectmen approve the Minutes of September 7, 2010 was approved by a vote of 5-0-0. A motion by Goldy seconded by Tafoya that the Board of Selectmen approve the Minutes of October 5, 2010 was approved by a vote of 5-0-0. C bs Board of Selectmen Meeting - October 26, 2010 - Page 6 A motion by Goldy seconded by' Tafoya to adjourn the meeting of October 26, 2010 at 10:30 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary 6 61~ Joint Meeting of Board of Selectmen, Finance Committee, School Committee and Board of Library Trustees October 27, 2010 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 Great Room at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Finance Committee Chairman Marsie West, Vice Chairman David Greenfield, Members Mark Dockser, Bryan Walsh, Barry Berman, Kevin Leyne, Francis Fardy, Hal Torman and George Hines; Board of Selectmen Chairman James Bonazoli, Vice Chairman Camille Anthony and Selectman Ben Tafoya; Economic Development Committee Members, Sheila Clarke and Michelle Williams; Board of Library Trustees Chairman David Hutchinson, Vice Chairman Richard Curtis, Members Karyn. Storti and Cherrie Dubois; School Committee Vice Chairman Chuck Robinson, Members Harold Croft and Karen Janowski; Town Meeting Members Bill Brown, John Arena and Karl Weld. Also present were Town Manager Peter Hechenbleiker, Assistant Town Manager/Finance Director Bob LeLacheur, Town Accountant Gail LaPointe, School Department Principal Patty de Garavilla, Public Works Director Jeff Zager, Director of Human Resources and Finance Mary DeLai (School Department), Principal Doug Lyons (Parker Middle School), Fire Chief Greg Burns, Police Chief Jim Cormier, Community Services Director Jean Delios, Patricia Puglisi (Reading Memorial High School), Superintendent of Schools John Doherty, David Mancuso (Making Reading Better), Karen Callan, Erin Cavio-Bacci and Kim Oliveira (School Department) and Recording Secretary Abigail McCabe. There being a quorum, FINCOM Chairman Marsie West called the meeting to order at 7:15 p.m., the School Committee and the Board of Library Trustees called the meeting to order, and the Board of Selectmen called their meeting to order at 7:30 p.m. The FINCOM Chairman gave opening remarks and introduced .everyone to the second Financial Forum of the budget year, and explained that this Forum will focus on expenses. Discussion/Action Items Financial Update - The Assistant Town Manager Bob LeLacheur reviewed the recurring revenues from what was budgeted and the actual budget from FY10. Town Accountant Gail LaPointe reviewed the expenditures for FYI 0. The Town was over a million dollars under the expenditures budget last year because significant appropriations weren't spent in FYI 0. The savings from health insurance, unfilled staff vacancies and gasoline were major contributing factors to the FYI 0 expenditures. The total revenues for FYI I are $50,000 under budget due mainly to the change in the calculation for Medicaid, and the use of Free Cash is on the November Subsequent Town Meeting Warrant to make up the difference. In FYI 1, Reading received the $350,000 from the State for adopting the Downtown Smart Growth Zoning, and $35,000 from the Reading Ice Arena Authority, Meals Tax revenue for three quarters, higher than estimated State Aid, and higher than estimated new growth. These will help offset revenue shortfalls for FYI 1. (,,G k Board of Selectmen. Meeting- October 27, 2010 - Page 2 The Town Accountant reviewed the Town's reserve funds as of November 2010. The Town had $4.9 million in Free Cash as of June 30, 2010 as well as cash reserves in undesignated stabilization funds and the reserve fund. Two Articles to use Free Cash are proposed at the November Subsequent Town Meeting. The Town Accountant reviewed the projected FYI 2 revenues, and a chart comparing FYI I and FY 12 revenues was presented. So far in FYI 1, local revenues are down and Reading is estimated to have a 10% decrease in State Aid in FY 2012. She also reviewed the preliminary accommodated costs for FY12. It is hard to predict the health insurance cost benefits before February but it is currently estimated at 10%. This figure will not be known until early 2011. Energy costs, financial costs which include veteran's aid and unemployment costs, out of district SPED and vocational education will contribute to the accommodated costs. Essentially, it is projected that FY12 will have less revenue and greater accommodated costs. The Assistant Town Manager summarized the FY12 Budget. Even with a 0% increase, the Town is still short by $2 million. We expect to use the $2 million in reserves'but the Town relies on State Aid, and the outcome of the Election will be significant. If Town Meeting were to approve the use of $2 million in Free Cash to balance the 2012 Budget, the Town would still retain over the 5% in reserves. A member of the Board of Selectmen expressed concern that Reading used too much in Free Cash last year, and encouraged the Finance Committee to consider this for the FY12 Budget. A couple of members of the Finance Committee spoke in response to a question about who makes the decisions to .use Free Cash. The FINCOM Chairman recognized George Hines for his service and presented him with a gift. Financial Forum I (Revenue) Recap - The FINCOM Chairman summarized the September Financial Forum on revenues and explained that the suggested recommendations are being researched for feasibility, and the results will soon be posted to the website. The meeting handout'includes the lists of recommendations from the last Financial Forum and the party responsible for following up. Page 6 of the meeting handout is a summary of the budget breakdown for a sample single family.home assessed at $400,000. The three main uses of funds categories are Town government, schools and facilities. Wages are paid to employees and non-wage expenses include several areas of expenses related to personnel such as benefits as well as other items.independent of the workforce. Wages make up 55% of the funds and expenses are 45%. Public Safety (Police, Fire and Dispatch) is the most expensive service provided by the Town. The Assistant Town Manager described past efforts by the Town to save money which are shown on Page 7 of the meeting handout, and also shows whether the cost saving suggestions were implemented. The list is broken into one-time expenses and ongoing expense reductions. Regionalization of specific services has been suggested in the past but is very difficult for Reading since Reading tends to provide services at a lower cost than other communities, and it takes willing partners to implement regional efforts. / cZ Board of Selectmen Meeting - October 27, 2010 - Page 3 Brainstorming Session - Potential Expense Reductions - Finance Committee Member Mark Dockser facilitated a brainstorming session focused on ways the Town can save on expenses. Each table brainstormed possible cost savings ideas in a small group before coming back together to hear from each table before the voting took place. The Finance Committee will record the votes and identify priority items after tonight's Financial Forum. Some of the expense reduction ideas included eliminating sidewalk plowing, regionalizing vehicle maintenance and vehicle sharing, transitioning from a Representative Town Meeting form, of government to a Town Council, less polling booths at elections, less elections, reduce staff at evening board meetings, reduce the Town's contribution to heath insurance, decrease street lighting, reduce the compost hours, regionalize the Health Department and conservation and inspections, reduce trash pick up to twice a month, reduce the number of boards and committees, reduce the capital budget by 25% over the next three years, eliminate Permits Coordinator position, reduce Police and Fire overtime and reduce Town Hall hours. The Board of Selectmen, Board of Library Trustees and the School Committee adjourned their October 27, 2010 meeting at 9:15 p.m. After the Financial Forum concluded, the Finance Committee conducted regular business from their agenda. November Town Meeting Warrant - The Town Manager described the previous night's actions by the Board of Selectmen on Article 11 (Causeway Road). The road is in two parts: 450 feet of public roadway at the top of the hill, and then a private road section with 12 houses. In addition to these. houses, both the Town of Reading and the Reading Municipal Light Department own land and both will be .involved in the proposed betterments to improve the private section before it is taken by eminent domain and becomes a public roadway. The Town Manager reviewed the final plan as to the costs and apportioned share of betterments. The average house will have approximately $15;000 in costs, which may be paid immediately after the project is completed or financed over a period of up to 20 years. The interest charged will depend on the Town's cost to borrow at that time plus a margin of 2% - today that would be a 5.5% rate of interest, paid through the property tax bill. The betterment figures presented are a worst case and, hopefully and historically, the project will be done for less. On motion by Greenfield seconded by Torman, the Finance Committee voted to recommend the subiect matter of Article 11 by a vote of 9-0-0. Budget Guidance for FY12 - The Finance Committee had an extensive discussion about the reserves policy and the next few budgets the Town will face, as well as the prospects for a Proposition 2 1/2 operating override. Several members spoke in favor'of using less Free Cash than the indicated $2 million budget shortfall for FY12, in light of the $6 million cash reserves position and the desire to keep 5% ($3.5 million) as a baseline. They acknowledged that there would be a further reduction in services if the Town and Schools were forced to use less money in FY12 operating budgets than in FY11 which the $2 million figure will do. On motion by Berman seconded by Fardy, the Finance Committee voted 7-2-0 (Greenfield and Leone opposed) to use a maximum of $1.5 mullion in Free Cash to support the FY12 Budgets. C3 Board of Selectmen Meeting - October 27, 2010 - Page 4 The Finance Committee. discussed the possible impact of State Ballot Question #3 which. seeks to reduce the sales tax from 6.25% to 3%. If it is passed and implemented, in FYI 2 it is projected to cost the Town $1.5 million in State Aid. The prospects for an operating override were discussed as being more urgent if this ballot question succeeds. Only through a combination of lower cash reserves and Town and School Budget cuts would the majority of the Town voters likely support such a request. The majority of the Finance Committee leaned towards the level of override necessary to not just restore lost sales tax revenues but to be able to offer a level of services that residents have come to expect from the Town and Schools. On motion by Fardy seconded by Leone, the Finance Committee voted 7-2-0 Berman and Walsh opposed) to use a maximum of $2 million in Free Cash to support the FY12 Budgets in the event Question #3 passes and State Aid is forecast to be lower for FY12. Approval of Minutes On motion by Leone seconded by Hines, the Finance Committee voted to approve the Minutes of August 4, 2010, as written, by a vote of 8-0-1 (Walsh abstaining). utes of Seutember 15, 2010, as written, by a vote of 7-0-2 voted to On motion by Hines seconded by Greenfield, the Finance Committee voted to approve the Minutes of October 13, 2010, as written, by a vote of 7-0-2 (Walsh and Fardy abstaining). The FINCOM Chairman requested that the Finance Committee be posted to meet at the RMHS Performing Arts Center at 7:00 p.m. on November 8, 2010 (the first night of Town Meeting). On motion by Hines (who will soon be moving out of Reading and leaving a long and distinguished career in public service in Reading behind as a legacy) seconded by Greenfield, the Finance Committee voted to adiourn the meeting of October 27, 2010 at 10:35 p.m. by a vote of 9-0-0 (with a round of applause for Mr. Hines). Respectfully submitted, Secretary L C- PI r DEVAL L. PATRICK, GOVERNOR 3 I " TttvSOTw P. MURRAY, LT. GOVERNOR JEFFREY B. MULLAN, SECRETARY & CEO LUISA PAIEWONSKY, ADMINISTRATOR Mr. George Zambouras Reading Engineering Dept. 16 Lowell St. Reading, MA 01867 Moving Massachuset& Forward Highway fL.t~ WED DEPT OF PUBLIC WORKS DATE i co ( (I c, TIME TOWN OF READrj 9C_i SUBJECT: Reading - Route 28 Resurfacing and Related Work Federal Aid No..- Pending E.W.O. No. - P604804P11 Project File No. 604804 Dear Mr. Zambouras, October 13, 2010 MassDOT District Four is preparing to resurface and perform related work to the above subject roadway in the City of Reading from the Stoneham/Reading town line to the Reading/North Reading town line. The District is notifying all utility companies of this upcoming project so that they can plan any work in this area ahead of time. Attached is a Locus Map showing the project limits and a Scope of Work. This project is currently under design. Should you require any additional information relative to this project or require a coordination meeting please contact Brian M. Fallon, P.E., District Projects Engineer at (781) 641-8475. nworth, P.E. Director Cc.: file Ray Stinson, District Utilities & Constructability Engineer MassDOT - Highway Division -District 4 - 519 Appleton Street, Arlington, MA 02476 0(781) 641-8300 ! SCOPE OF WO ROUTE 28 -READING Resurfacing and Rebated Work Project No. 604804 SCOPE OF WORK: The work to be done under this contract is the resurfacing of Route 28 in the town of Reading. See locus plan for. limits of work, this section of Route 28 is a composite pavement. The coldplaning operations shall specify a Micro=milled surface of l%" depth and then apply l Y2" Supper Pave Course over 1" Intermediate Course (install glasgrid fabric over concrete joints no saw and seal) to resurface Route 28. Work shall also include repair and/or reconstruction of existing sidewalks, wheelchair ramps, constructed +22 feet bituminous concrete sidewalk at station 1±70± NB, adjusting drainage and sanitary sewer structures, rebuilding drainage structures, removing and/or replacing frames and grates (or covers), adjusting gas and water gates and gate boxes, cleaning drainage structures, upgrade guardrail end treatment, discarding undermined or damaged guardrail from the project site, placement of temporary as well as permanent pavement markings, replacing wire loops to traffic signals,. removing and resetting existing signs, and erosion control barrier for environmental protection. All work performed under this Contract shall be in conformance with the MassDOT Department Standard specifications for Highways and Bridges and the English Supplemental Specifications, dated February - 25; 2010; the Standard Special Provisions contained in this book; the. 1977 Construction Standards and the Supplemental Drawings, dated April,-2003; the latest edition of the Manual on. Uniform Traffic Control Devices with revisions; the 1990 Standard Drawings for Signs and Supports; the 1968 Standard Drawings for Traffic Signals and Highway Lighting. the latest edition of American Standard for Nursery Stock. Project Location: The Route 28 (Main Street) resurfacing project begins at the Stoneham/Reading town line at station 0+12 (NW. 134.552), then continues northerly along Route 28 and stops at the railroad tracks near Ash Street at station 66+34 (MM. 135.806), it then--resumes after the downtown area, north of Salem Street at station 89+36 (MM. 136.246), then continues northerly along Route 28 and ends at the Reading/North Reading town line at station 231+34 ([vM4.138.935). The project length, located entirely in the Town of Reading, is a distance of 20,820 feet or 3.943 miles. Further information as to- the limits of this project may be obtained at the District Highway Director's office, 519 Appleton St.,Arlington, MA 02476 and telephone (781) 641-8400. q cc.Z ;Qg~ 0v:T lo G', END PRQMCI ' / STA 231+34 PEARL sTaeET hIIv1138 935 ROAD STA'66+34,= MM,135:806 • RN's\x ~ - ~ 95 N9 TD RT 28 Se S- I-, DRS ~ ~ 4 I? , MP-RIBScL'".. r ~BEGINPRO7ECI - ^ 1 tl . i ' • ~ ,f STA OOt 12 - • i i_ `j. ` \\oAi F MARK Moving MassachusettsForward. AMES= I T V rt l ;.1 L.OCU .A ®xighway NOT TO SCALE Cr L(cP 2010 NOV -3 AM 11: 21 October 29, 2010 Selectmen Town of Reading Reading, MA 01867 Dear Selectmen: I have become aware of a mandate of our charter, section 5-3 (which is at least 5 years old) that has not as yet been implemented. It is time to right this oversight by appointing the EDC as ombudsman to our citizens. What a unique idea... customer service at its best. It just makes sense that so many conflicting issues will be addressed up front. This will eliminate disappointed and confused applicants plus frustrated and overworked board members. It would be great if this could get on the Town Warrant so as to be ready for the post~ holiday permitting boomI Sincerely, Dominic Ta go qC 6oS Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 TOWN MANAGER Email: townmanager@ci.reading.ma-us (781) 942-9043 Website: www.readingma.gov November 3, 2010 Mr. Joseph Curto 81 Causeway Road Reading, MA 01867 Dear Mr. Curto: I received your letter dated 10/29/2010 addressed to the Town Clerk and Town Counsel regarding the Causeway Road Extension. I am advised by Town Counsel that there is no appeal from the Selectmen's decision to recommend to Town Meeting that it vote to accept Causeway Road as a public way, and to authorize the Selectmen to assess betterments. You may speak on this Article at Town Meeting, after all Town Meeting Members have spoken, for up to five minutes. You may state your case at Town Meeting if you believe Causeway Road should not be accepted as a public street. Additionally, once the project is constructed and the betterments are assessed, there is a right of appeal at that time. This appeal is to the Superior Court, and you should seek the advice of counsel on such an appeal. S' cerely, Peter I. Hechenbleikner Town Manager PIH/ps ci C, Joseph Curto 81 Causeway Road Reading,.MA 01867-1515 1-781-944=2921 10/29/2010 A C, P 2,33 Clerk: Town of Reading Town Counsel 16 Lowell Street Reading, MA01867-1515 Re: Selectmen meeting, 10/26/2010, Causeway Road Extension Dear Town Counsel Ellen Doucette, I want to appeal the decision of the Selectmen with regards to their decision to .allow the town to assess property owners for "betterments" to Causeway Road and Causeway Road Extension. Would you please advise me as to how to go about it. Sincerely Joseph Curto 63 Gz October 29, 2010 We inspire people to plant, nurture, and celebrate trees. Mr. Peter Hechenbleikner 16 Lowell St Reading, MA 01867-4615 a O n:w 0 Dear Mr. Hechenbleikner, cis Congratulations again on your 2009 Tree City USA designation! The Tree City USAI° program provides direction., technical assistance, public attention, and national recognitioF for urban and community forestry programs in communities where more than 135 millior!,:~ Americans call home. We applaud your dedication to the management of your community forest and encourage you to continue showcasing these best practices with your 2010 Tree City USA application. 'T'ree City USA Online Application Now Available Your community can now submit its Tree City USA and Growth Award applications electronically. By submitting the application online, you are assisting in increasing the efficiency of the program by helping to provide more timely information about your community forest. Reading's login information has been sent to your local contact along with a paper Tree City USA Recertification Application and Tree City USA Growth Award Application. Once your community's Recertification Application and Growth Award Application, if applicable, is approved, notification is sent to your local contact and your Tree City USA recognition materials are forwarded to your state urban forestry coordinator for distribution. Deadline The State Foresters and the Foundation strongly encourage you to submit your application in advance of the December 31, 20.10; deadline (unless your state has instituted an earlier deadline). This allows applications to be processed efficiently so that materials are distributed in time for Arbor Day celebrations across the country. Thank you for your commitment to ensuring your community is a greener, healthier environment for all your citizens. If you have any questions, do not hesitate to contact us at treecity@arborday.org or call 1-888-448-7337. Sincerely, Dan Lambe Vice President of Programs 2412 0193 9j nFan•e~Axn SOY INK Page 1 of 2 LIG .6a S Schena, Paula From: . Hechenbleikner, Peter Sent: Tuesday, November 09, 2010 5:28 PM . To: Schena, Paula Subject: FW: MWRA Water Line Reading Stoneham. I/c Board of Selectmen Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.gov email town manager@ci.readin_q ma. us Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey virtualtownhall.net/survey/sid/4a 123638fd4e28b8/ ' From: Burns, Greg Sent: Tuesday, November 09, 2010 4:30 PM To: Thoden, Bill; azysk@dewberry.com Cc: Hechenbleikner, Peter; Zager, Jeff; Zambburas, George; Jackson, Paul; Rolli, Joe; Richardson, Jim; Tassi, Peter Subject: MWRA Water Line Reading Stoneham Gentlemen, I have reviewed the Fire Prevention Code 527 CMR 13 Explosives and based upon that review, the information presented today at our meeting, I will require the following the following items as a condition on a Use and handling Permit (Blasting Permit) issued by the Reading Fire Department: 1.P ublic information Program 2.1 n accordance with 527 CMR 13.09(2) traffic will have to be detoured when the bore holes are being loaded or are loaded. 3.Blast Ana lysis in accordance with 527 CMR 13.09(1)(1c). 4.Blast De sign Plan in accordance with 527 CMR 13.09(1)(1). 5. Pre Blast Surveys for all structures with in 25,0 feet of the closest borehole in accordance with 527 C MR 13.09(10). 6.Blasting Mats will be required in accordance with in accordance with 527 CMR 13.09(1)(1) 2(b). 7.1 n accordance with 527 CMR 13.04(11)(d) a Fire Detail will be required from the time the explosives arrive on site until the explosives are removed. The cost will be the responsibility of the Blaster. As the project becomes more defined by the MWRA and the Blasting Contractor the Reading Fire Department may have more requirements. Since the project is scheduled to begin in May and last for 11/9/2010 del Page 2 of 2 approximately four months and take place at night public information and outreach program will be a critical component. The residents and elected officials must be informed what to expect for noise, vibration, how to file a claim of damage and road closures. The Reading Fire Department desires to review the public outreach program developed by the MWRA. Chief Gregory J. Burns Reading Fire Department 757 Main Street Reading, MA 01867 (P) 781.944.3132 (P) 781.942.9114 ;vwip.readin, mmagov Please let us knom, hom, we are doing -„fill out our brief customer service survey at hftp://readingma- suntev.virtualtownhall. net/survey/sid/4a123638fd4e28b8/ qe-'4- 1 11/9/2010 /-lG 6oS Town of Reading Community Development Phone: (781) 942-6613 16 Lowell Street Fax: (781) 942-9070 Reading, MA 01867®2683 website: www.ci.reading,ma.us ZONING VIOLATION WARNING Town Of Reading 16 Lowell Street November 8, 2010 Owner ofRecord To: Joyce A Kehoe 250 Main Street Reading, MA 01801 Location ofProperty formerly Y. iking World Travel 250 Main Street Reading, MA, 01867 Zoning District: Bus. A & S-15 Map: 011 Lot: 192 Pre-FY10 Map & Lot: 035 / 013 Subject: Signage Violation There is a violation of the Reading Zoning By-Laws at your property. Nature of the Violation: Section 6.2.7: Removal of Defunct Signs 6.2.7. Removal of Defunct Signs: In the event a business, other than a seasonal business, ceases operations for a period of time in excess of thirty days, the sign owner or lessee, or the property owner,.shall immediately remove any identification or advertising of said business or any product or service sold thereby: If the sign conforms to the provisions of this Section, and if a permit has been requested within said thirty-day period for altering the same sign in conformity with this Section to identify a new business in the same location, such alteration shall be allowed. Changes in legend on any directory sign shall be exempt from the provisions of this paragraph. Please remove the defunct sign including its support structure. If you-do not comply within fourteen (14) days of receipt of this notice, I may be obliged to take further action according to applicable Zoning By-Laws and State Law. Zoning By-laws at: http://www.ti,reading.nla.us/pages/ReadiugMA_ClerlcBylaws/ZoningBylaws/zoningbylaws.pdf Glen Redmond • Zoning Enforcement Officer Town Of Reading 781-942-6613 Cc:' Town Planner, Town Manager qrl. Town of Reading 16 Lowell Street Reading, MA 01867-2683 Community Development Phone: (781) 942-6613 Fag: (781) 942-9070 Website: www.ci.reading.ma.us ZONING VIOLATION WARNING Town Of Reading 16 Lowell Street November 8, 2010 Owner o Record To: Richard Carter 248 Main Street, Suite 202 Reading, MA 01867 Subject: Signage.Violation Location ofProperty formerly, Briditls by Valerie 258 Main Street Reading, MA, 01867 Zoning District: Bus. A & S-15 Map: 011 Lot: 193 Pre-FYI 0 Map & Lot: 035 / 014 There are violations of the Reading Zoning By-Laws at your property. Nature of the Violation: Section 6.2.7: Removal of Defunct. Signs and Table 6.2.3 Signs Permitted According to Zoning District 6.2.7. Removal of Defunct Signs: In the event a business, other than a seasonal business, ceases operations for a period of time in excess of thirty days, the sign owner or lessee, or the property owner, shall immediately remove any identification or advertising of said business.-or any product or service sold thereby. If the sign conforms to the provisions of this Section, and if a permit has been requested within said thirty-day period for altering the same sign in conformity with this Section to Identify a new business In the same location, such alteration shall be allowed. Changes in legend on any directory sign shall be exempt from the provisions of this paragraph. Table 6.2.3: Real Estate Signs Permit Max. Sign . Max. Sign Setbacks ft Max. Type Required Area (sq. ft.) Height (ft) Front Side Number Real Estate y 8 (G) 6. N/A .'20 1 (G) Real Estate Signs in the Industrial Zoning Districts are allowed one sign per business with a maximum sign area equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates without a sign permit. Please remove the defunct sign including.its support structure. Also only one Real Estate may be on your property -and it must conform to the dimensions listed in the Reading Zoning By-Laws as copied above. If you do not comply within fourteen (14) days of receipt of this notice, I may be . obliged to take further action according to applicable Zoning By-Laws and State Law. ZZooni By-laws pt: eading.ma.us/pages/Readi4gMA, Glen Redmond\. Zoning Enforcement Officer Town Of Reading 781-942-6613 Cc: Town Planner, Town Manager p~~2 Town of Reading. 16 Lowell Street ' Reading, MA 01867-2683 Community Development Phone: (781) 942-6613 Fax: (781) 942-9070 Website: www.ci.reading.ma.us ZONING VIOLATION WARNING Town Of Reading 16 Lowell Street November 8, 2010 Owner o Record Location oPropert~ To: Boston Reading, LLC formerly Kumon Learning Center 715 Boylston Street 670 Main Street Boston,-MA 02116 Reading, MA, 01867 Zoning District: Bus. B Map: 022 Lot: 010 Pre-FY10 Map & Lot: 064 / 008 Subject:'Signage Violation There is a violation of the Reading Zoning By-Laws at your property. Nature of the Violation: Section 6.2.6.2.c. Window Signs 6.2.6.2.c. Window Signs: Window signs are encouraged on the inside surface of the glass. Permanently affixed, weather resistant, individual letters that are-not subject to wear and tear are permitted on the exterior of the window. Temporary or permanent signs may without permit be attached to the inside of the glass surface of a window (a single structurally supported sheet of glass or a sash) or door, or placed within the premises closer than five feet from any window or door and situated or designed so that the sign's graphic content is visible from the outside through an window or door,, provided that any such sign shall: (1) Be uniformly located only in thirty percent (30%) of the glass sheet or sash; The real estate sign in the 2nd floor window covers all (100%) of the window. Also, please note that real estate signs can be no larger than 8 s . ft. inarea'as per Table 6.2.3: Real Estate Signs Type Permit Max. Sign • Max. Sign Setbacks ft Max. Required Area (sq. ft.), • Height (ft) Front Side Number Real Estate Y 8 (G) 6 N/A 20: (G) Real Estate Signs in the Industrial Zoning Districts are allowed one sign per business with a maximum sign area equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates without a sign permit. Please remove or correct the. sign in violation. If you do not comply within fourteen (14) days of receipt of this notice, I may be obliged to take further action according to applicable Zoning By- laws .and State Law. Zoon g By-Maws at: ttp://www.ci.reading,ma.us/pages/ReadingMA Clerk/Bylaws/ZoningBylaws/Zoningbylaws.pdf Glen Redmond Zoning Enforcement Officer Town Of Reading 781-942-6613 Cc: Town Planner, Town Manager Rp Town of Reading 16 Lowell Street Reading; MA 01867-2683 Community Development Phone: (781) 942-6613 Fax: (781) 942-9070 Website: www.ci.reading.ma.us ZONING VIOLATION WARNING Town Of Reading 16 Lowell Street November. 8, 2010 Owner o Record To: Haven Properties, LLC 2751VIishawum Road, 4th Floor Woburn, MA 01801 Subject: Signage Violation Location ofropertg formerly.MF Charles 612 Main Street Reading, MA, 01867 Zoning District: Bus. B Map: 022 Lot: 001 Pre-FY10 Map & Lot: '064 / 001 There is a violation of the Reading Zoning By-Laws at your property. Nature of the-Violation: Section 6.2.7: Removal of Defunct Signs '6.2.7. Removal of Defunct Signs: In the event a business, other than a seasonal business, ceases operations for a period of time in excess. of thirty days, the sign owner or lessee, or the property owner, shall immediately remove any identification or advertising of said business or any product or service sold thereby. If the sign conforms to the-provisions of this Section, and if a permit has been requested within said thirty-day period for altering the same sign in. conformity with this Section to identify a new business in the same location, such alteration shall be allowed. Changes in legend on any directory sign shall be exempt from the provisions of this paragraph. -Please remove all defunct signs including support structures. If you do not comply within fourteen (14) days of receipt of this notice, I may be obliged to take further action according to applicable Zoning-By-Laws and State Law. Zoning By-laws at: http://www.ci.reading.ma.us/pages/ReadingMA._Clerlc/Bylaws/ZoningBylaws/zoningbylaws.pdf Glen Redmond Zoning Enforcement Officer, Town Of Reading 781-942-6613 Cc: Town Planner, Town Manager qty (~'r R.A.D. REPORT 1010 NOV ®4 AFB 91: SS Article 12 By Linda Snow Dockser, Ph.D. October 31, 2010 Over the last two weeks, I interviewed and observed 27 women of various sizes doing things I never thought possible. Any of them might, if unfortunate, be the target of a violent attacker at some time in her life. For sixteen hours, they learned how to make sure that this did not mean that any one of them has to be a "victim." These women were all enrolled in the free R.A.D. (Rape Aggression Defense) Course offered by the Reading Police Department. A COURSE WHICH INFORMS AND EMPOWERS According to the manual, R.A.D. is a defense system which "advocates realistically employable tactics, without the time investment, ceremony or mystical concepts of a martial art The Rape Aggression Defense System is specifically designed for women who are willing to consider as a viable option, defense, in situations where their life is in jeopardy... it offers a basic education of confrontation principals and personal defense. Our program ranges from awareness, risk reduction and avoidance, to basic physical defense, aerosol defense options and advanced self-defense methods... what is most important is not a volume of knowledge, but the ability to apply what you know... in the stress of a violent encounter." Since the inception of the Reading R.A.D. Course in 1996, over 600 women ages 15 and older have taken this course. At least four of these graduates have used their physical prowess, quick thinking, and their muscle memory to save themselves from pernicious attackers. This is exactly why this program was started by DETECTIVE PAT IAPICCA, SERGEANT DAVID CLARK, and OFFICER LEONE SULLIVAN. A RADICAL DAY 1 The first night, all 27 women were riveted as Sergeant DAVID CLARK, Sergeant RICHARD ABATE, and Officer KRISTEN STASIAK introduced the R.A.D. program and its goals. These instructors trained specifically to teach this course because they are passionate about its purpose. They are committed to helping women protect themselves. For four hours, the participants were actively engaged in learning about ways to keep themselves and their families safe. Many topics were discussed, from security at home, to travelling, to internet communication, to protecting personal information. The animated group of women learned about local 'break-ins' and other crimes that do not reach the newspaper police blotters. They learned that there is something Reading Residents can do to deter 9~1 home invasions: LIEUTENANT ROBBINS of the Reading Police Department will come to conduct a "Security Survey" assessing the safety of local homes and recommending improvements. The instructors stressed that a woman's best friends in a dangerous situation include knowing how to avoid many potentially dangerous situations in the first place, along with having the confidence and "muscle memory" for a defensive stance and offensive strikes. The best defense is NOT weapons, but rather knowledge of our body and what to do with it when in trouble. Being aware of options is key. Real dilemmas sparked detailed conversations. For instance, what would you do if you didn't believe the car trailing you with flashing lights was a real police cruiser, or if the man approaching your door, was not the police officer or town official that they professed to be? These all too real situations were discussed, as were the many ways that a cell phone can be a person's best friend and worst enemy. For instance, did you know that dialing 911 works whether a cell phone is on or off; or that in the last four years, newer cell phones have been required to add a GPS device that can locate a person within 50 feet - if you have it switch on. However, did you know that if focused on a cell phone and unaware of one's surroundings, a woman is more tantalizing as a target for predators? And did you know that statistics show that the majority of attacks are perpetrated not by strangers, but by men familiar to the target. The list goes on... There was so much learned that mothers, daughters, sisters, and friends should know; including the important realization that no one is alone in their concerns. There are other women who share the fear: When in danger will we lose our voice? When grabbed will we be powerless to escape? Will we be helpless and destined to defeat because we are small? That first four hours was filled with animated questions and the sharing of experiences. Stories were a catalyst for supplemental learning, adeptly mastered to complement the curriculum. There was not a moment of ambivalence either from the teachers or from the participants: This is an educational program motivated by passion, need, and relevance. Eyes and ears were focused, along with minds and emotions. R.A.D. DAYS 2&3 CHOKE HOLDS, BEAR HUGS & BEING PINNED, OH MY! For the second class, more police officers attended as R.A.D. Instructors. Detective PAT IAPICCA (RAD MA State Director!) and Officer SAL LAVITA joined Sergeant DAVID CLARK, Sergeant RICHARD ABATE, Officer KRISTIN STASIAK in their roles as teachers, mentors, and attackers (or 'perps' as crime shows might call them). While the first class focused on "Risk Reduction," a more sedentary learning process, the second and third classes entailed a different kind of learning: learning through experience. At the second class, the participants learned defensive moves, hitting, and kicking, while at the third R.A.D. Class, they faced [gulp] Choke Holds, Bear Hugs, and being pinned on the ground. When asked about her R.A.D. experience, a five foot mother of three reflected: "I learned something about myself. I learned that I hate being out of control of my body, even in a safe space with people 1 know and trust. I do not like to be grabbed or held against my will. This is not a surprising revelation, but it was a powerful one. "How do I know this...," she continued, "I know this because as I was walking by, 'HE' grabbed me. 1 knew 'he' was a nice guy and a policeman. I knew I didn't want to hurt 'him! But when 'HE' grabbed me, this 'pussy cat' became a 'lioness: Nothing was going to prevent me from getting away from 'him,' even though 'HE' was easily twice my size and infinitely stronger than me. "Unlike in my dreams when I am paralyzed by fear and can't scream," she reported, "my voice and my determination was unleashed. My comrades stopped their private conversations and watched, but all I could feel was my need to get away and my power to make it happen. Yes, MY power. Because of the defensive and offensive moves taught in the course, I had both the power and the skills to get away from a man twice my size and the confidence to try. "That is the gift these police officers are giving to me and to the other 27 women training beside me: The power which comes from knowing not only what to do, but that I can do it." UNLEASHED POWER &THE KNOWLEDGE HOW TO USE IT On Wednesday, October 27th, the neighbors of the RMLD Light Department must have thought the town was under attack. For four hours, R.A.D. engaged women in three real life attack scenarios. The simulation was so real and the yelling so loud, that after 'accomplishing the impossible' and escaping, many participants were physically shaking. It was an emotional four hours which left not only the participants exhausted, but also the instructors. For this class, instructors were imported from neighboring communities, as well as from Reading. They included: Sergeant DAVID CLARK (RAD Program Coordinator), Sergeant RICH ABATE Detective PAT IAPICCA, Detective MICHELLE HALLORAN, Officer SAL LAVITA, Officer IAN NELSON, Officer KRISTEN STASIAK, DEBBIE HAYNES, Dispatcher, ALYSE SULLIVAN, RN, Officer MICHAEL SCOUTEN (N. Shore Community College), and COLLEEN MADIGAN (Probation Officer, Woburn). At the culmination of this mind-boggling experience, participants and staff gathered for pizza and to watch a video of each 'attack.' The students hooted for each other, gasping at the power of their own blows, and the obvious crippling of their padded attackers. The R.A.D. Instructors lined the perimeter of the room looking tired, sore, but proud of their students. Their goal to empower women through training and experience - real life-like experience - was both felt and appreciated. The emotions were 01 g"3 Westlaw Result Page 1 of 3 L/ G 6os Term 1k NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore; represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. COMMONWEALTH OF MASSACHUSETTS APPEALS COURT TOWN OF READING vs. CIVIL SERVICE COMMISSION & another._[FN1,] +09-P-2221+ MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 Matthew Edson appeals from an order of the Superior Court which granted the motion of the town of Reading (town) for judgment on the pleadings. The judge determined that the decision of the Civil Service Commission (commission) was not supported by substantial evidence, and was therefore arbitrary and capricious. We affirm. The judge determined that the key factual findings made by the commission were not supported by substantial evidence. First, the commission found that the selection process employed by the town was mere 'window dressing' for the town manager, as the appointing authority, to choose a sergeant because only he reviewed the candidates' employment files. As the judge found, the appointing authority testified several times that his general practice in asking other Reading officials to participate in candidate interviews is meant to assist him in making his appointment decisions, because he relies on their opinions and expertise. With the interview panel's input, he chooses an initial candidate, and then he waits at least a day or two before he makes an appointment. This permits him and the other members of the interview panel to fully consider the appointment, which in the end he, as the appointing authority, must make. If the interview process had been merely 'window dressing' there would be no need to go through such a process. In addition, even though only the appointing authority reviewed the personnel files of the candidates, and even if the information contained therein was not reviewed for accuracy, these facts would have affected the candidates equally, Edson points to nothing in the personnel records to illustrate any unfairness. FN2 Second, the commission found that the interview process was overly subjective because the candidates' answers were not measured against standard responses and because it did not measure abilities, knowledge, and skills rationally related to the sergeant position. The judge determined that this finding was not supported by substantial evidence. We agree. As noted by the judge, there is no commission policy requiring that interview panels compare candidates' answers to standardized responses. Nor is there a town policy to that effect. Although there is a police department policy regarding the use of standardized questions, the evidence demonstrated that the appointing authority is not bound by that policy. If standardized questions measured against model answers was all that was permitted, there http: //weblHcs.westlaw. com/result/default. aspx?action=S earch&ent=DO C&db=MA%2D... 11/4/2010 Westlaw Result Page 2 of 3 would be no need to provide the appointing authority with any discretion to make a choice, as candidates would be chosen based on scores alone. However, this is not the case. See Cambridge v. Civil Service Commn., 43 Mass. App. Ct. 300, 304-305 (1997) ('In the task of selecting public employees of skill and integrity, appointing authorities are invested with broad discretion'). Interview results have an inevitable subjective component, but not one that delegitimizes the process. How a candidate responds to questions and how he interacts with those posing the questions are reasonably related to their skills and ability to perform the responsibilities of a police sergeant. A police sergeant must not only possess supervisory skills, but must be able to interact with the public. Here, there was a wide disparity in the performance of Edson and David J. Clark at their interviews. Edson appeared nervous and confused whereas Clark was sharp and focused. FN37 Edson has not challenged this finding. Also, the appointing authority thought that Clark's performance was one of the best he had seen, and,Edson's had been one of the worst. Finally, the commission found that Cormier's presence on the interview panel created an unfair advantage to Clark because Cormier had directly supervised and evaluated Clark.for a number of years. The judge determined that this finding was not supported by substantial evidence. We a g ree. As the judge found, there is no evidence in the record that Cormier was biased in Clark's favor because he had been his supervisor. The evidence revealed that Cormier had worked with all three candidates and that prior to the interviews, Cormier thought that all three candidates were sergeant material. Cormier's testimony indicated that his ranking of Clark ahead of Edson was based in large part on how well they did or did not do during the interviews, not on his level of familiarity with them. Even if Cormier was biased in favor of Clark, both Roberts and Silva ranked Clark ahead of Edson as well. In addition, the appointing authority also chose Clark ahead of Edson. Thus, there is no substantial evidence to support the commission's finding that Clark benefitted from Cormier's participation on the interview panel. In the end, the commission overruled the appointing authority's choice between two qualified candidates where that choice had been reasonably justified. By doing so, the commission acted arbitrarily and capriciously. See Cambridge v. Civil Service Commn., 43 Mass. App. Ct. at 304 (the commission does not have the authority 'to substitute its judgment about a valid exercise of discretion based on merit or policy considerations by an appointing authority'). Judgment affirmed. By the Court (Grasso, Trainor & Meade, JJ.), Entered: November 4, 2010. FN1. Matthew Edson. FN2. It is also noteworthy that the other members of the panel worked closely with and supervised the candidates, including the out-going police chief who approved the evaluations of each candidate. FN3. Edson's answers to questions regarding sick time abuse and diversity were not in line with the police department's philosophy. Also, Edson spoke negatively about the other. candidates, which made the interview uncomfortable. END OF DOCUMENT 41, Term http://weblinks.westlaw.comlresultldefault.aspx?action=Search&cnt=DOC&db=MA%2D... 11/4/2010 q/-L-,