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HomeMy WebLinkAbout2011-03-01 Board of Selectmen PacketoFRo~y Town. of Reacting 16 Lowell Street G-rya o w'Reading, MA 01867-2685. 6 P J9:INCOR4p4 FAX: (781) 942-9071 Email: town manager@ci.reading.mams TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleilcner DATE: February 24, 2011 RE: March 1, 2011 Agenda 5a) Sheila Clark from the EDC will be in to make a presentation on proposed flower baskets and banners for downtown areas. We had a staff meeting with Sheila this week and these items are a priority for Board of Selectmen approval in order to be able to get baskets ordered and banners ordered and hung for this spring season. 5b) As a result of the 2010 census, redistricting on a local, state and federal basis will be taking place during the coming months. Town Clerk Laura Gemme will be in to review with the Board of Selectmen the draft redistricting plan for Reading's precincts, and receive any comment/direction from the Board prior to further development of the revised precincts. 5e) Town Cleric Laura Gemme will be in to review with the Board of Selectmen some local options with regard to ethics training. We will ask the Board of Selectmen for action on exempting certain types of positions from ethics training per State regulation. 5d) Enclosed is the proposed Annual Town Meeting Warrant and Election Warrant. We have discussed most of these issues with the Board of Selectmen in the preview. You might want to pay particular attention to the language of the Article on property owners being required to plow their own sidewalks. This is shown as Article 19. Additionally, the Reading Ice Arena Authority submitted a proposed Article to renew the lease process, this is shown as Article 12. 5f) Status of DPW Study - There• are three memos with regard to this matter: o The general memo from the DPW Director reviewing a number of the items • A memo from the DPW Director regarding vehicle maintenance • A memo from the Town Engineer regarding shared staffing 8 5g) The Board had previously scheduled a workshop on the Pavement Management Plan and this had to be deferred because of time. The Town Engineer will be in to review the Pavement Management Plan and get any comments from the Board with regard to the plan. 5h) Health Insurance Renewals - The Assistant Town Manager/Finance Director will review with the Board of Selectmen the health insurance renewals and the decision process with regard to finalizing health insurance for FY2012. PIH/ps 9 Page 1 of 1 Hechenbleikner, Peter R From: Zambouras, George Sent: Wednesday, February 16, 20114:42 PM To: Hechenbleikner, Peter Subject: Safe Route to Schools Peter, I meant to inform the Selectman last evening that a tree is in the.way on Washington Street and the sidewalk cannot be moved to the property line without removing the tree. I assume they would not want the tree removed. The state would like an answer before they redesign the project. Please put this on their next meeting for discussion. George J. Zambouras, P.E. Town Engineer 781-942-6683 781-942-5441(fax) Email: gzambouras@ci.reading.ma.us i t cl 2/22/2011 10 JV (,DU Summary FY to date through February 7 Total Total Church Plowing Sanding Billed Paid Baptist $1,380.00 $ - $1,380.00 $ - St Agnes $2,460.00 $ 80.00 $2,540.00 $ - St'Athanasius $0.00' $ 80.00 $80.00 $ - Old South $810.00 $ - $810.00 $ - Congregational $600.00 $ - $600.00 $ - Nazzarene $1,020.00 $ - $1,020.00 $ - Totals $ 6,270.00 $ 160.00 $6,430.00 $ - 11 1~1 m". go REQUEST FOR QUALIFICATIONS COMPUTER ASSISTED MASS APPRAISAL ("CAMA") SYSTEM CONVERSION AND INTERIM YEAR VALUATION ADJUSTMENT FOR ALL REAL PROPERTY The Town of Reading, on behalf of its Board of Assessors, is accepting sealed proposals from qualified vendors for the conversion of the existing state CAMA appraisal system to another established CAMA appraisal system, as well as an Interim Year valuation adjustment. Proposals will be accepted at the office of the Board of Assessors, Town Hall, 16 Lowell Street, Reading, MA 01867 on or before 3:00 P.M., on Thursday, April 14,2611 (the "Proposal Due Date"). The CAMA system must be capable of maintaining and updating assessed values for Real. Property. All proposals will be evaluated by a Selection Committee comprised of designees of the Board of Assessors as well as by the Town of Reading. The Selection Committee reserves the right to reject any and all proposals or to waive any informality in the proposals, if it appears in the Town's best interest. 1. INSTRUCTIONS TO PROPOSERS A. Submission of Proposal Price and Technical (Non-Price) Proposals shall be submitted in SEPARATE SEALED envelopes. The Technical Proposal must meet the minimum requirements set forth in this RFQ in order to be considered responsive. If price is included in the Technical Proposal, the Proposal will be disqualified. Proposals must include all required documents, completed and signed per the instructions together with the attached forms included in this bid package. No faxed submissions will be accepted. Please present the proposal to include one (1) electronic, one (1) unbound, and eight (8) bound with a spiral binder and double-sided printed pages. Late proposals will be rejected and returned, unopened, to the sender. Each of the envelopes containing the Price and the Technical Proposals must be marked with the Proposer's name and address, the Proposal due date, and be clearly marked "Technical Proposal for a Computer Assisted Mass Appraisal system for all Real Property" and "Cost Proposal for a Computer Assisted Mass Appraisal system for all Real Property." All Proposals must be addressed to: William Boatwright, Town Appraiser Assessor's Office Town Ball 16 Lowell Street Reading, MA 01867 B. Questions: Inquiries involvirig procedural or technical matters within 48 business hours of the Proposal Due Date, shall be answered, and posted on the Reading town website, in the form of an.Addendum; all questions must be directed in writing to William Boatwright, Town Appraiser, at the address provided above. 1 1 c 12 13 s6~ Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9070 Website: www.readingma.gov To: Board of Selectman Peter Hechenbleikner, Town Manager John Doherty, School Superintendent From: Laura Gemme, Town Clerk Date: March 1, 2011 Subject: Mandated State Ethics Training TOWN CLERK (781) 942-9050 As you are aware, the changes in the State Ethics Law require all public employees to complete a mandatory.online training course every two years and receipt of State Ethics Law summary once a year. In the documentation from the State Ethics Commission, anyone who holds an office or position with, or provides services to, a public entity is considered a public employee. Section 2 of the Implementation Procedures, exemptions from the mandatory education and training requirements, asks each public employer to develop a list of positions for which they will not require distribution of the Ethics summary and online training of the conflict of interest law. For your reference, I have attached a copy of the Implementation Procedures. I am requesting that the Board of Selectman to take action on formalizing a list of exemptions from the mandatory State Ethics Education and Training Requirements for all departments. My recommendations of considerations for exemptions would include the following: • Consultants • Election Poll Workers • Interns • Seasonal Employees • Senior Tax Abatement Program Participants • Vendors • Volunteer Positions Please let me know if you have any questions or need additional information. 6-G 14 Revised Mandatory Education and Training Requirements - Implementation Procedures Introduction Chapter 28 of the Acts of 2009, the recently enacted ethics reform law, imposes new mandatory education and training requirements on public employers and public employees. The law authorizes the Commission to establish procedures to implement and ensure compliance with these requirements, and these implementation Procedures are issued pursuant to that authority. The new requirements can be summarized as follows: Every state, county, and municipal employee must be given a summary of the conflict of interest law prepared by the Ethics Commission and must complete an online training program prepared by the Commission. Every municipality must designate a liaison to the Commission. All records of compliance with these requirements must be retained for 6 years. These new requirements apply to all public employees, as defined by the conflict of interest law and described below, except to the extent that an employing public agency exempts certain categories of employees from these requirements in accordance with guidelines set forth in these procedures (see section 2 below). These requirements also apply to regional public entities, as discussed below in section 6. Former public employees are not subject to these requirements. What's New in. this Version of these Procedures This version is a revision of the Implementation Procedures issued by the Commission in October 2009, based on requests for further clarification on certain topics. This version includes An alphabetical topic index, to make it easier to find particular topics of interest An expanded discussion of which private consultants, vendors and contractors are subject to these requirements (Section 1)- A discussion of how the requirement applies to advisory committees (Section 1c) Exemptions now include the summaries of the law, not just online training (Section 2) New exemptions have been added (Section 2) Employees who cannot comply with requirements because of limited English fluency or reading comprehension, special needs, and leaves of absence may be exempted from requirements (Section 7) Employers' obligations clarified (Section 8) Questions, Comments and Suggestions The Commission is committed to working with those affected by the law to implement it as efficiently as possible. Questions about these procedures may be directed to the Commission's Legal Division by calling (617) 371-9500, or submitted electronically on this website. In addition, the Commission invites suggestions for improvements to these procedures. Such suggestions may be made to David Giannotti, the Commission's Chief of the Public Education and Communications Division at the following e-mail address: dgiannottia-eth.state. me.us. Index of Topics This Index of Topics is intended to help users find the relevant section of these procedures more easily. Topic Acknowledgment of receipt of summary Advisory committees Contractors Department of Mental Health programs Employers' obligations Exemptions Section of Implementation Procedures 1(c) 1(b), 2(b) 2(b) 2 15 Governmental authority 2 Governmental decision-making 2 Key employees 1(b) Limited English fluency or comprehension 7 Medical leave 7 . Medical Reserve Corps 2(b) Military leave 7 Municipal liaisons 5 Online Training 4 Deadlines 4(a) Work or home computers 4(b) Group sessions 4(b) Cookies 4(b) Certificates of completion 4(c) Record-keeping 4(d) Poll workers 2(b) Public employee, who is 1(a) Regional public entities 6 Seasonal employees 2 Special needs 7 Students 2(b) Summaries of the law 3 Distribution 3(a), (b), (c) Deadlines 3(b), (d) Acknowledgments 3(d) Record-keeping 3(e) Tax abatement workers 2(b) Temporary employees 2(b) Vendors 1(b), 2(b) Volunteers 2(b) 1. WHO IS CONSIDERED A PUBLIC EMPLOYEE? a. Anyone who holds an office or position with, or provides services to, a public entity, is a public employee. The statutory definitions of who is a state, county, and municipal employee for purposes of the conflict of interest law are very broad. These definitions are not limited to paid, full-time public employees. Everyone who performs services for, or holds an office or position with, a state, county, or municipal agency is subject to the conflict of interest law. This is true whether the person is paid or unpaid, is a volunteer, works part-time, is employed only for part of the year or on a seasonal basis, or is a "special" employee. The law applies to these individuals, regardless of whether the employee is elected, appointed, or working under a contract. The conflict of interest law applies to employees of regional entities, including employees of regional school districts and educational collaborative, regional retirement systems, regional transit authorities, regional planning commissions, regional councils of governments, and independent entities such as water and sewer districts and fire districts and prudential committees. Employees of regional entities are 16 considered to be. employees of each municipality, that is a member of, or participates in, the regional entity. An individual who has a contract with a state., county or municipal agency to provide services to that agency is a public employee for purposes of the conflict of interest law. For example, a professor who contracts with a state agency to serve as an expert witness is a state employee for purposes of the conflict of interest law, and a musician who contracts with a school department to instruct students in trumpet playing is a municipal employee for purposes of the conflict of interest law. b. Vendors and contractors: Most employees of vendor and contractor firms which do business with public entities are not public employees, but "key employees" of such private firms are public employees. Public agencies frequently enter into contracts with private firms and corporations. In most cases, the employees of private vendor and contractor firms that do business with public agencies are not public employees for purposes of the conflict of interest law, and are not subject to the mandatory education and training requirements that apply to public employees. For example, the employees of a firm that delivers art supplies to school departments are not public employees, and are not subject to the mandatory education and training requirements. Neither are the employees of a bank that provides financial services to various municipalities. However, in certain limited circumstances, an employee of a private firm may also be a public employee for purposes of the conflict of interest law and the new training and education requirements. If a public- agency expressly or impliedly contracts for the personal services of a particular individual employed by a private firm, then the particular employee is a "key employee" and is considered a public employee for purposes of the conflict of interest law. For example, if a public agency hires a real estate consulting firm to provide development services, and the contract specifies that a particular partner will provide those services, then the partner is a public employee. Similarly, if both parties to such a contract intend that a particular partner will provide those services but do not say so expressly in the contract, the partner will be a public employee. By contrast, if a school department contracts with a school bus company to drive its students and the company can assign any of its drivers to do that work, the drivers are not public employees for conflict of interest law purposes. Employees of consultant firms who provide specialized services, such as legal, design, or architectural services, are more likely to be considered "key employees" than are employees of firms that provide goods or non-specialized services (See Advisor 06-01). Questions about whether employees of a particular firm are public employees for purposes of the mandatory education and training requirements may be directed to the Commission's Legal Division by calling (617) 371-9500, or submitted electronically on this website. c. Advisory Committee members may be public employees. Public agencies and officials sometimes seek advice and input on public policy questions from-advisory committees. Advisory committee members are considered public employees, and therefore are subject to the mandatory education and training requirements of the conflict of interest law, in some circumstances. If the advisory committee was legally required to be created (such as by a statute, regulation, or ordinance), has formal procedures and work product, and performs functions or tasks expected of governmental employees, its members will be considered public employees. However, if the advisory committee was created by discretionary action, has no formal procedures or work product, and represents viewpoints of persons and entities outside of government, then its members will likely not be considered public employees. Questions about whether members of a particular advisory committee are public employees for purposes of the conflict of interest law, and the mandatory education and training requirements, may be directed to the Commission's Legal Division by calling (617) 371-9500, or submitted electronically on this website. 2. EXEMPTIONS FROM THE MANDATORY EDUCATION AND TRAINING REQUIREMENTS 1 c, 17 Ideally, all public employees in the Commonwealth would be trained' in the conflict of interest law. However, cost and other practical circumstances require that a principled way be found to exempt certain categories of public employees from the mandatory education and training requirements without compromising the objectives of those requirements. The Commission therefore establishes the following guidelines to enable public employers to determine which of their employees are exempt from the mandatory education and training requirements. Each public employer may use the guidelines below to develop a list of positions for which distribution of summaries of the conflict of interest law and/or online training are not required. Employers are not required to obtain the Commission's approval of such lists, but must maintain such lists as public records and provide them to the Commission on request. If the Commission determines that such a list includes positions which should be subject to the requirements of distribution of summaries and/or online training, it may direct that such positions be removed from the list. Questions about whether particular positions should be subject to the mandatory education and training requirements may be submitted to the Commission's.Legal Division by calling (617) 371-9500, or submitted electronically on this website. a. Positions for which distribution of summaries and online training are required All elected public positions, whether compensated or uncompensated. All compensated full-time public employee and official positions. All compensated, part-time public employee and official positions, (except for temporary or seasonal employee positions in which employees do not have or exercise governmental authority and do not participate in or have responsibility for government decision-making, contracting, hiring, investigation or any other discretionary governmental action, as set forth below in subsection b). Any position, including volunteer positions, whether chosen by election, appointment or otherwise, in which the employee personally serves in or provides services to a public agency, whether paid or unpaid, and participates in or has responsibility for any government decision-making, contracting, hiring, investigation or any other discretionary government action or otherwise.has or exercises governmental authority. A public employer may choose to exempt any or all of the following positions from one or both of the mandatory training and education requirements: Unpaid volunteer positions in which employees do not have or exercise governmental authority and do not participate in or have responsibility for government decision-making, contracting, hiring, investigation or any other discretionary governmental action. Examples: library volunteer positions in which employees reshelf books or read books to children during a story hour; school volunteer positions in which employees come into the schools a few times a year to help with parties and projects, shelve books in the school library, or chaperone field trips and other school events; volunteer positions in which employees pick up litter at parks or beaches, or participate in a town "Clean Up Day"; Senior Center or Parks and Recreation volunteer teacher positions; Positions in which volunteers assist with an event, such as a town July 4th celebration, by selling tickets, engaging in face painting, or helping "police" the grounds, 18 Short-term temporary or seasonal compensated positions in which employees do not have or exercise governmental authority and do not participate in or have responsibility for government decision-making, contracting, hiring, investigation or any other discretionary governmental action. Examples: poll worker positions non-supervisory seasonal positions, such as, for example, lifeguards and snowplow operators substitute teachers who work less than one day per week Participants in senior citizen tax abatement programs pursuant to General Laws chapter 59, section 5K, and Senior Corps, the Retired and Senior Volunteer Program, Foster Grandparents, Senior Companions and comparable programs. Medical Reserve Corps volunteers. High school, college and graduate school students participating in summer and work-study employment, whether paid or unpaid. Participants in programs,of the Department of Mental Health who are patients in a therapeutic program that'iricludes employment. Individual vendors and contractors to public agencies who provide one day or less of services per calendar year. Participants in volunteer programs whose names are not available or known to any public agency, such as, for instance, town residents who help shovel snow or clean up after a, flood. 3. DISTRIBUTION OF SUMMARIES OF THE CONFLICT OF INTEREST LAW The Commission has prepared, and will update as necessary, summaries of the conflict of interest law for state, county, and municipal employees, respectively: These summaries are available on this website. The summaries must be distributed to public employees as described below unless the employing agency has exempted the employee's position from this requirement pursuant to section 2 above. Summaries are available here. Most employees of private firms that are contractors, vendors, or consultants to a, public agency are not required to be given summaries of the conflict of interest law. An employee of a vendor or contractor firm is only required to be given a summary if the public agency expressly or impliedly contracted for that particular individual's personal services, thereby making him or her a public employee for purposes of the conflict of interest law. This is explained in more detail in section 1 above. a. Responsibility for distribution Responsibility for distributing summaries and collecting acknowledgments of receipt is as follows: Appointed state and county employees shall be furnished with the summary by, and file an acknowledgment of receipt with; the employee's appointing authority; or his or her designee. Elected state and county employees shall be furnished with the summary by, and file an acknowledgment of receipt with, the Commission. Municipal employees shall be furnished with the summary by, and file an acknowledgment of receipt with,, the city or town clerk. 19 There are several ways for state and county appointing authorities (or their designees), and city and town clerks, (hereinafter collectively referred to as "employers"), to comply with the requirement that they distribute summaries of the law and maintain acknowledgments of receipt by their employees. The Commission will accept any of the ways set forth below, or a combination of them, as satisfying the requirements of the law. b. Compliance deadlines for summaries The statutory deadline by which every public employee was required to receive a summary of the law was December 28, 2009. Any employer that has not yet complied with that deadline should do so immediately. Going forward, every public employee must be provided with a summary of the law within 30 days of becoming such an employee, and annually thereafter, Employers must distribute the summaries to all current employees each year between yeptember;~15~and~Decerr~bec Each employee must provide to his or her employer, as defined herein, an acknowledgment of receipt within ten (10) business days of receipt of the summary. ~tiD:yst~ri~l'utioi~~,of>is1rri~:iares Summaries may be distributed in paper or electronic format. If summaries are distributed in paper format, they may be distributed as a stand-alone document or included with some other item distributed to employees (such as paychecks), or employees may be required to pick them up at a designated time and place. If summaries are distributed in electronic format, they may be downloaded from this website and emailed to employees. Employers may use an employee intranet or any other convenient electronic means to distribute summaries. Employers may combine these methods as they find convenient to reach all employees. d. Acknowledgments of receipt Employees' acknowledgments of receipt of the summary of the law may be accepted and maintained in, paper or electronic format. Employees may use the acknowledgment of receipt form included at the end of each summary, or the employer may create its own acknowledgment form. Alternatively, employers may maintain a logbook for acknowledgments of receipt and require employees to sign it. Employers may scan paper acknowledgment forms and maintain them electronically for purposes of complying with the conflict of interest law. If an employer distributes the summary electronically, a return email from the employee will satisfy the statutory requirement of a written acknowledgment of receipt. if an employer distributes the summary electronically to employees using the employees' work email accounts, the employer can request "read receipts" for its emails to employees, and the "read receipts" will satisfy the statutory requirement of a written acknowledgment of receipt, except that any employee whose electronic mail is opened by someone else must respond personally to acknowledge receipt of the summary. Electronic acknowledgments of receipt may be maintained electronically. Employers may also adapt their intranets to provide records of receipt of summaries, or use any other convenient electronic means. Employers need not choose one of these methods, but may combine methods as they find convenient to reach all employees. Whatever method or methods the employer adopts, the acknowledgments must be maintained in such a manner so as to be readily accessible if requested by the Commission. In particular, state and county appointing authorities (or their designees), and city and town clerks, must maintain records of acknowledgments in a manner that would. permit them to comply with requests by the Commission for production of the acknowledgment forms of specific employees and notification of the names of employees who have not complied. Each employee must provide to his or her employer, as defined herein, an acknowledgment of receipt within ten (10) business days of receipt of the summary. 20 e. Record-keeping requirements State and county appointing authorities (or their designees), and city and town clerks; must maintain an annual list of all employees to whom summaries are distributed during that calendar year, and such list must indicate as to each listed employee whether the employee provided an acknowledgment of receipt. In addition to the annual list, the acknowledgment of receipt itself must be maintained as a record of the agency, Both the annual lists and the acknowledgments of receipt must be maintained for six years. 4. ONLINE TRAINING The Commission currently has on its website an online training program that provides a general introduction to the conflict'of interest law, including information on the requirements of the law that apply to former public employees. (This program is geared primarily to state employees, but will be updated in the future to include examples drawn from all levels of government.) All state, county, and municipal employees must complete the online training program that is currently on the Commission's website by April 2, 2010, or, if hired after that date, within 30 days of becoming a public employee,. and then once every two years afterwards, unless their employing agency has exempted them from that requirement pursuant to section 2 above. The online training program is available here. The Commission is currently working to revise the current program and create additional online training programs, as appropriate. Public employees must provide a certificate of completion to their employers, as defined herein, and the employers must retain such certificates for six years (see subparagraph c. below). A public employee who completes the training currently on the Commission's website will not be required to take a new online training program until the next two year period. Most employees of private firms that are contractors, vendors, or consultants to a. public agency are not required to complete the online training. Employees of vendors and contractors are only subject to the online training requirement if the public agency expressly or impliedly contracted for that particular individual's personal services, thereby making him or her a public employee for purposes of the conflict of interest law. For instance, if a public agency hires an office cleaning firm and the firm can assign any of its workers to clean the public office, the workers are not considered public employees for purposes of the conflict of interest law and are not required to complete the online training. Similarly, if a town hires a bus company to drive its students and the company can assign any of its drivers to do the work, the drivers are not required to complete the training (although school bus drivers employed directly by a town will be required to do so), This is explained in more detail in section 1 above. While we encourage attendance at the Commission's seminars, such attendance is not a substitute for participating in the required online training and does not fulfill the online training requirement. There are several ways for public employees to comply with the online training requirement and for their employers to comply with the requirement that they maintain certificates of completion. The Commission will accept any of the ways set forth below, or a combination of them, as satisfying the requirements of the law. a. Compliance deadlines for online training Every state, county, and municipal employee not exempted from training as described above in section 2 must.complete the Commission's online training program once every two years. New employees must complete the online training program within 30 days of becoming such an employee, and once every two years thereafter. Public employees must comply with this requirement by the following deadlines: All persons who were state, county, or municipal employees as of September 29, 2009, -and continue to be so employed, and all persons who become state, county, or municipal employees between September 29, 2009 and March 3, 2010, must complete the Commission's online training, and provide certificates of completion to their employers, as defined herein, on or before April 2, 2010. 5-c, 21 All persons who become state, county, or municipal employees on or after March 3, 2010, must complete the Commission's online training program, and provide certificates of completion to their employers, within 30 days of the date on which they commence employment. After April 2, 2010, each continuously employed employee must complete the online training program and 'provide a certificate of completion within ninety (90) days before, or ninety (90) days after, the two (2) year anniversary date of their last online training completion date. Such certificates of completion- must be provided by state and county employees to their respective appointing authorities (or designees), and by municipal employees to their respective city and town clerks. New employees must complete such training within 30 days of the date on which they commence employment and once every two years thereafter, in accordance with the timeframe set forth above. b. Completing online training: Group sessions and multiple users of same computer Employees can complete the training on work time and on their work computers, or during non-work time on their home computers or on any other available computer, such as, for instance, at a.public library. If an employee is using a computer to which he or she does not have exclusive access, the employee should take the following steps to access the program: open internet browser, click on "Tools," then "Internet Options," select the "Delete Cookies" option and click "OK." After completing the program; each employee should print out two copies of the completion certificate, one to keep and one for his or her employer. Employers can organize group online training sessions, to be conducted by a knowledgeable person. Group sessions must use the online training program from the Commission's website. A group training session must be set up so as to ensure that every employee knows the correct answer to every question by the end of the training. A PowerPoint version of the Commission's online training program may be used for this purpose, including by any municipality that does not have access to broad-band internet service. An employer organizing a group session may use.a laptop computer and projector to present the online training from the Commission's website, or alternatively may copy and distribute the PowerPoint version of the online training in paper form. Employers who organize group sessions should provide completion certificates to participating employees using this format. The Ethics Commission will consider requests from public agencies and municipalities to share its online training application so that it can be posted on the agency or municipality's website for the convenience of public employees in completing the training and of the public employer in keeping records. The Commission requires public employers to whom this option is provided to agree to use the application only for training. their own employees, not to provide the application to anyone else, and to exactly match the application as it appears on the Commission's website. A public employer seeking to do this should contact David Giannotti, the Commission's Chief of the Public Education and Communications Division, at the following e-mail address: d lc~ annottiQ-eth.stale. ma.us, Employers need not choose only one of these methods, but can combine methods as they find convenient to reach all employees. The Commission also invites employers to propose other means of achieving compliance; if approved by the Commission, these alternative means will also satisfy the online training requirement. c. Certificates of completion of the online training requirement Each employee who completes the online training should print out two copies of the certificate of completion showing that he or she has done so, keep one, and give the other to his or her employer, as follows: Appointed state and county employees shall file the certificate of completion with the employee's appointing authority, or his or her designee. ,5-C-9 22 Elected state and county employees shall file the certificate of completion with the Ethics Commission. Municipal employees shall file the certificate of completion with the city or town clerk. Employees of regional entities that include more than one municipality shall file proof of compliance with the regional entity. An employer may authorize its employees to save the certificate of completion electronically and email it to a designated employee for filing. Employers may maintain certificates of completion received electronically in electronic form. Employers may use any of the methods for compliance described above as they find convenient to reach all employees. Whatever method or methods the employer adopts, the certificates of completion must be maintained in such a manner so as to be readily accessible for review if requested by the Commission. In particular, state and county appointing authorities (or their designees), and city and town clerks, must maintain certificates of completion in a manner that would permit them to comply with requests by the Commission for production of the certificates of specific employees and notification of the names of employees who have not complied. d. Record-keeping requirements State and county appointing authorities (or their designees),.and city and town clerks, must maintain a list of all employees who are required to complete the online training program, and such list must indicate as to each listed employee whether the employee provided a certificate of completion. In addition to the list, the certificate of completion itself must be maintained as a record of the agency. Both the lists and the certificates of completion must be maintained for six years. 5. DESIGNATION OF MUNICIPAL LIAISONS The law requires municipalities to designate "a senior level employee of the municipality" as a liaison to the Commission. The Commission will disseminate information to the liaisons and will conduct educational seminars for them. Liaisons will also be required to be accessible to public employees in their municipalities and to check the Commission's website regularly for updates. The Commission may call upon liaisons to provide information about their towns' compliance with these training and education requirements, and to assist in locating former public employees of their municipalities. Municipal liaisons may contact the Commission's Legal Division for advice on behalf of fellow employees, but, before doing so, they must obtain the permission from the fellow employee to discuss his or her situation with the Legal Division. Given the responsibilities that will be required of the liaisons, the Commission recommends (but does not require) that municipalities appoint a full-time administrative employee to the position of municipal liaison, or, if the municipality has no such full-time employee, then a part-time administrative employee, since such a person will need to be accessible to municipal employees and situated so as to be able to perform this role. 6. REGIONAL ENTITIES The requirements of the ethics reform law apply to all public employees, including employees of regional entities such as regional school districts and educational collaboratives, regional retirement systems, regional transit authorities, regional planning commissions, regional councils of governments, and independent entities such as water and sewer districts and fire districts and prudential committees. When an independent entity such as a water and sewer district is contained entirely within a municipality; the city or town clerk is responsible for complying with the requirements concerning summaries and on- line training. S"Gt O 23 When a regional entity is composed of multiple municipalities, or spans the borders of multiple municipalities, then the regional entity is itself responsible for complying with the requirements concerning summaries and on-line training, and for designating a liaison to the Commission. 7; PUBLIC EMPLOYEES UNABLE TO COMPLY WITH EDUCATION AND TRAINING REQUIREMENTS Some public employees may be unable to comply with the mandatory education and training requirements concerning the conflict of interest law, because of lack of fluency in or ability to read English, special needs, or leaves of absence. Public employees are exempt from complying with these requirements while on leaves of absence but should comply with these requirements within 30 days of their return from leave. If a public employee is unable to comply with these requirements because of lack of fluency in or ability to read English, or because of any special needs, he or she may request that the employer take reasonable steps to convey the information contained in the summary and the online training to the employee, in a manner comprehensible to the employee, Employers should make such accommodations to the extent feasible. If an employer is not able to make such an accommodation, it may exempt the public employee from complying .with the mandatory education and training requirements. Employers must maintain records of accommodations made and exemptions granted pursuant to this section. B. EMPLOYERS' OBLIGATIONS The law requires public employers to distribute summaries of the law to their employees and to keep records of compliance with the new mandatory education and training requirements. The law places responsibility for acknowledging receipt of the summaries, and for completing the online training, on the public employees. However; employers must take reasonable steps to assist their employees in complying with these requirements, including, but not limited to, periodically reminding their employees of their need to comply, and providing and facilitating group online training sessions for those who need them. A public employer which has complied with the procedures set forth herein will be considered to have taken such reasonable steps. If an employee refuses to acknowledge receipt of'a summary of the law or to comply with the online training requirement, then the employer may, but is not required to, take disciplinary action against the employee. Although the employer is not required to affirmatively report the employee to the Commission, the employer is required to provide such information if so requested by the Commission. Date Issued: October 29, 2009 Date Revised and Reissued: March 18, 2010 5-c' 11 24 DRAFT - 2011 Annual Town Meeting WARRANT OUTLINE 02/24/2011 Art. Mover/ Moderator # Article Description Sponsor Comment Notes sdi 25 ~Z' 26 25 Authorizing the Sale of Certai Petition Properties on Lothrop Road S . r V 2b hrovc FY2012 budget 1-INO)N1 o f y_ e ` ` s r 27 Transfer funds into the Vacation/Sic Board of Selectmen Leave Buy-back Stabilization Fund 28 Removal of Town Meeting Member Board of Selectmen per Reading Home Rule Charte Section 2-6 27 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on notified and warned the inhabitants of the Town of. Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Peter Sanborn Place, 50 Bay State Road Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Wood End School, 85 Sunset Rock Lane The date of posting being not less than fourteen (14) days prior to April 5, 2011, the date set for the Local Election in the Warrant. I also caused an attested copy of this Warrant to be published on the Town of Reading website on Constable A true copy. Attest: Laura Gemme, Town Clerk 28 TOWN WARRANT (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in the Local Elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1, 2, 3, 4, 5, 6, 7 and 8 Reading Memorial High School, Hawkes Field House, Oakland Road TUESDAY, the FIFTH DAY OF APRIL, A.D., 2011 from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz: ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; Two members of the Board of Selectmen for three years; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; One member of the Municipal Light Board for three years; Two members of the School Committee for three years; and Sixty Eight (68) Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1. Eight members for three years; Precinct 2 Eight members for three years; One member for two years; Precinct 3 Eight members for three years; Two members for two years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; One member for two years Precinct 7 Eight members for three years; and Precinct 8 Eight members for three years. and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-FIFTH DAY OF APRIL A.D., 2011 at seven-thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. 2 29 ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal. Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2011 - FY 2020 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 12 of the Warrant of the Annual Town Meeting of April 26, 2010 as amended under,Article 4 of the warrant of the Subsequent Town Meeting of November 10, 2010; and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended.votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal Year 2011 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen 3 30 '5'Ab ARTICLE 8 To see if the Town will vote to authorize the Board of Selectmen to acquire by' purchase, gift, eminent domain or otherwise, permanent and temporary easements upon and over a portion of the land located at as shown on a plan entitled " a -copy of which is on file in the Town Clerk's Office, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, for the purpose of constructing and maintaining sidewalks; and, further, to see if the Town will vote to raise, appropriate, transfer from available funds, accept gifts or borrow a sum of money for this purpose and any expenses related thereto, and to authorize the Board of Selectmen to enter into all agreements and take all related actions necessary or appropriate to carry out this acquisition, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various. items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see if the Town will vote to approve the FY 2012 - FY 2021 Capital Improvements Program as provided for in Section 7-7 of the Reading Horne Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to approve the preliminary design for the renovation and expansion of the Reading Public Library design as shown on the architectural schematics included in the background materials, or take any other action with respect thereto. Library Board of Trustees Article 12 To see if the Town will vote. to authorize the Board of Selectmen to enter into a lease of the existing indoor ice skating rink known as the Burbank Ice Arena, and the parking areas and accompanying. land, all known as 51 Symonds Way, Reading, Massachusetts, and shown as lot 54 and a part of Lot 56 on Reading Assessors' Map 41, to a non-profit organization, organized under the laws of the Commonwealth of Massachusetts, and that has been determined by the Internal Revenue Service to be an organization qualified under Section 501(c)(3) of the Internal Revenue Code, and that has at least ten years of experience in the operation of a skating rink, for the purpose of operating an ice skating rink, with usage preference for the residents of the Town, for an initial term of ten (10) years, with up to two options to extend the lease term for up to ten years each; with the net income from the rinks operations, after deducting (a) operational, maintenance and repair costs and expenses, and (b) the funding of a cash reserve fund to cover capital replacements and contingencies, to be paid to the Town of Reading, Massachusetts, such rental payments to the Town-to be made no less frequently than annually and upon such other lease terms and conditions as the Board of Selectmen deem appropriate; or take any action in relation thereto. 4 31 Board of Selectmen ARTICLE 13 To see if the, Town will vote to authorize revolving funds for certain Town Departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the fiscal year beginning July 1, 2011 with the receipts, as specified, credited to each fund, the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year end. Revolving Spending Revenue Allowed Expenditure Year End Account Authority Source Expenses Limits Balance Consulting and engineering Fees as provided services for the for in Reading review of designs $25 000 Conservation General Bylaws and engineering , Commission Section 5.7, work for the Available for Consulting Conservation Wetlands protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan review, initial property appraisals and appeals, Community Building Plumbing, Services general $200,000 Wiring, Gas and management, curb other permits for sidewalks and the Oaktree, pedestrian safety Addison-Wesley/ improvements, Inspection Pearson and records archiving Available for Revolving Town Johnson Woods and other project expenditure Fund _Manager developments related costs, next year Vaccines, materials for screening clinics and clinical supply costs, medical equipment and $25,000 supplies, Public Health Clinic Fees and immunizations, Available for Clinics and Board of third party educational expenditure Services Health reimbursements materials next year Acquire Library Library Library Charges for lost or materials to replace • $15 000 Available for Materials Director and damaged Library lost or damaged , expenditure Replacement Trustees materials items next year Utilities and all Mattera other maintenance $10 000 Available for Cabin Recreation and operating , expenditure Operating Administrator Rental Fees - expenses next year 5 ~ 32 or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote pursuant to Massachusetts General Laws Chapter 308, Section 12 to authorize the School Committee to enter into a contract or contracts including all extensions renewals and options for school bus transportation for a period greater than three years but not exceeding 5 years upon such terms and conditions determined by the School Committee, or take any other action with respect thereto. School Committee ARTICLE 15 To see if the Town will vote accept the supplemental annual allowance of $9,000 for widow(er)s of disability retirees as provided in section 101 of Chapter 32 of the Massachusetts General Laws, or take any other action with .respect thereto. Contributory Retirement Board ARTICLE 16 To see if the Town will vote to delete Section 5.15 - Storing or Handling of Crude Petroleum or any Crude Petroleum Products, of the Reading General Bylaw, or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to amend Section 5.13 - "Demolition of Structures of Potentially Historical Significance" of the Reading General Bylaw, by deleting the term "twelve (12) months" from Section 5.13.3.6 thereof, and inserting in its place "six (6) months" so that section reads in its entirety: (note - Gresst-hreugh represents language to be eliminated and bold represents new language) 5.13.3.6 If the Commission determines that the demolition of the Potentially Significant Structure would be detrimental to the historical or architectural heritage or resources of the Town, such structure shall be considered a Preferably Preserved Historic Structure. The Commission shall so advise the applicant and the Building Inspector, and a Demolition Permit may be delayed up to twelve (42) six (6) months after the conclusion of the hearing during which time alternatives to demolition shall be considered. The Commission shall offer the owner information about options other than demolition, such as resources in the preservation field, the Massachusetts Historical Commission, the Town Planner, and other interested parties that General Bylaws 69 Amended through March 2010 might provide assistance in preservation, funding and/or adaptive reuse. or take any other action with respect thereto. Board of Selectmen ARTICLE 18 To see if the Town will vote to delete in its entirety, Section 5.16 of the Reading General Bylaw, and insert in its place the following new Section 5.16, 5.16 Outdoor Loudspeakers and Public Address Systems 6 33 No commercial establishment (except for restaurants as noted below) shall install or operate any outdoor loudspeaker or public address system on its premises except for the sole purpose of direct communication with a customer to assist that customer or to conduct a specific business transaction at the commercial establishment, as for example at a drive-up window of a fast food or banking establishment, or at self-service gasoline pumps. Any such loudspeaker or public address system shall be operated only during the regular business .hours of the establishment. The owner of the establishment shall at all times ensure that the volume of sound produced outdoors by such loudspeaker or public address system shall be such as not to be audible from any portion of a public way or residential property.. Restaurants, except drive-through food' establishments, may provide outdoor loudspeakers for the purpose of providing music for their patrons while dining, provided that such music is . not audible from any portion of a public way or abutting property. Any such loudspeaker shall be operated only during the regular business hours of the establishment. or take any other action with respect thereto: Board of Selectmen ARTICLE 19 To see if the Town will vote to amend the. General Bylaws of the Town of Reading by deleting Section 5.2.4, and by adding a new section 5.19 as follows: 5.19 Snow and Ice Removal .5.19.1 Residences. The owner or occupant of any residentially zoned land abutting a paved sidewalk that has been designated by the Board of Selectmen. as a walking route in the Town shall cause all snow and ice to be removed from said sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within eight hours between sunrise and sunset after such snow and ice have come upon the sidewalk. At a minimum, only so much of said sidewalk that meets the Americans with Disabilities Act (ADA) requirements for a minimum cleared width of thirty six inches (36) shall be required. Violations of-this section shall be punishable by a fine of $25 per day that the snow and ice are not so removed. The provisions of this bylaw may be enforced through the non-criminal disposition method as provided in M.G.L. c. 40, § 21 D and Section 5.11 of this Bylaw. For the purpose of non- criminal disposition, the following shall be enforcing persons: Police Officers. The Board of Selectmen is authorized to exempt citizens from the requirements of this section upon petition showing demonstrable extreme hardship due to a combination of health and financial duress. 5.19.2 Apartments / Condominiums. The owner of any residential property utilized for apartment house or multi unit condominium use that abuts a paved sidewalk in the Town shall cause all snow and ice to be removed from the entire width of such sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within the first three hours, between sunrise and sunset after such snow and ice have come upon such sidewalk. Violations of this section shall be punishable by a fine of $25 per day that the snow and ice are not so 'removed. The provisions of this bylaw may be enforced through the non-criminal disposition method as provided in M.G.L. c. 7 34 40, § 21 D and Section 5.11 of this Bylaw. For the purpose of non-criminal disposition, the following shall be enforcing persons: Police Officers. 5.19.3 Businesses. The owner or occupant of any land abutting upon a paved sidewalk of a public way in this Town, which said property is zoned or used for business purposes shall cause all snow and ice to be removed from the entire width of such sidewalk. Such snow and ice shall be so removed by plowing, shoveling, scraping. or otherwise so as not to damage such sidewalk, and within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk. Violations of this section shall be punishable by a fine of $25 per day that the snow and ice are not so removed. The provisions of this bylaw may be enforced through the non-criminal disposition method as provided in M.G.L. c. 40, § 21D and Section 5.11 of this Bylaw. For the purpose of non-criminal disposition, the following shall be enforcing persons: Police Officers. 5.19.4 In addition to the remedies provided above, the Board of Selectmen may,-in its discretion, after due notice to the owner of the real property and an opportunity to be heard, perform or otherwise cause the clearing or treating of snow and/or ice to be performed and recover from said owner the expense therefore which shall not exceed $500.00 per occurrence. Such expense shall constitute a municipal charge lien against the real property as provided in M.G.L. c. 40, § 58. 5.19.5 No person shall move or remove snow or ice from private lands upon any public street, sidewalk or common land of the Town in such a manner as to obstruct or impede the free passage of vehicular or pedestrian traffic upon the street, sidewalk or common land of the Town, unless he has first obtained a permit therefore issued by the Director of Public Works. No person shall lay, throw, place, or cause to be placed any ice or snow on any portion of any street, sidewalk, or common land within the Town. or take any other action with respect thereto. Board of Selectmen ARTICLE 20 To see if the Town will vote to amend the Reading Home Rule Charter as follows: (note - Gress threug# represents language to be eliminated and bold represents new language) by removing "Board of Assessors" in the first paragraph of Section 3.1 so thafthe paragraph reads as follows: Section 3-1: General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Assessors, E3oaFd of Board of Library Trustees, Municipal Light Board, Moderator, Vocational School Representative and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise, to re-number Section 3.6 as Section 4-10, and to amend the language in the new Section 4- 10 to read as follows: 35 Section 3-6 4-10: Board of Assessors There shall be a Board of Assessors consisting of three (3) members,, °l~d appointed for three (3) year terms so arranged that one (1) term shall expire each year. The terms of the members of the Board of Assessors shall expire on the first day of July. Members of the Board of Assessors shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one vote, the. Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the Finance Committee who shall have one vote. Any vacancy on the board shall be filled by the Appointment Committee. The Board of Assessors may appoint property appraiseFs a shall have all the powers and duties given to Boards of Assessors by'the Law of the Commonwealth not inconsistent with this Charter; to renumber the present Section 4.10 as Section 4.11, or take any other action with respect thereto. Board of Selectmen ARTICLE 21 To see if the Town will Reading Zoning By-Laws as follows: (note eliminated and bold represents new language) vote to amend Section 4.3.3 of the Town of - cress -threuh represents language to be 4.3.3. SITE PLAN REVIEW 4.3.3.1. Applicability. The following types of activities and uses require site plan review by the CPDC : Routine maintenance or replacement in-kind is exempt. a. Any exterior construction, or alteration or expansion of more than five hundred (500) gross square feet of an institutional, commercial, industrial, or multi-family structure with four or more dwelling units; ithi -TOT-Li1GVIUL1 V11 v~ v...v~.v. v - - . er multi family Gt industrial Mial l i tit ti FUGtUrewith fau W n a t , , GOMMe GRa , n RS U lot foF an iRStitLAG arkin f a i ti Ral b. GeRS FU industri g on o p on or expans G al, purpose. , , b. A change of use within an institutional; commercial, industrial, or multi- family structure; C., Interior renovations over two thousand (2,000) gross square feet; d. Construction or expansion of a parking lot for an institutional, commercial, industrial, or multi-family structure or purpose. 7--- 36~ l 4.3.3.2. Procedures. Applicants for site plan approval shall submit twelve (12) copies of the site plan to the CPDC for review, and within three (3) days thereafter request a determination from the Town Planner on completeness of application. The Town Planner shall make a determination of completeness within thirty (30) days of receipt of such application. The CPDC shall review and act upon the site plan, with such conditions as may be deemed appropriate, within sixty (60) days of its determination of completeness, and .notify the applicant of its decision. The decision of the CPDC approving site plan review, shall be a majority of the commission and shall be in writing. No building permit. or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the CPDC, or unless 60 days lapse from the date of a determination of completeness of the site plan without action by the CPDC. 4.3.3.3. Requirements: 4.3.3.3.1. Where the CPDC serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 4.3.3.3.2._ The applicant m.ay request, and the CPDC may grant by majority vote, an extension of the time limits set forth herein.. 4.3.3.3.3. No deviation from an approved site plan shall be permitted without modification thereof approved by CPDC. 4.3.3.4. Preparation of Plans. Applicants are invited to submit a pre-application sketch of the. proposed project to the CPDC and to schedule a comment period at a regular meeting of the CPDC. Site plans shall be submitted on 24-inch by 36- inch sheets, or larger if necessary for clarity. ' Plans shall be prepared by a registered professional engineer, registered, land surveyor; architect or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. 4.3.3.5. Contents of Plan. The contents of the site plan are as follows: 4.3.3.5.1. Five (5) separate plans prepared at a scale of one (1) inch equals twenty (20) feet or forty (40) feet or such suitable scale as may be approved by the CPDC. The plans are as follows: a. Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, and areas for snow storage after plowing. The first sheet in this plan shall be a locus plan, at a scale. acceptable to the CPDC, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1,000) feet from the project boundaries or such other distance as may be approved or required by the staff. b. Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling storm water drainage, including resource area delineation. 10~, 37 c. Utility plan which shall include all facilities for refuse and sewerage disposal or storage of all wastes, the location of all hydrants, fire alarm and fire fighting facilities on and adjacent to the site, all proposed recreational facilities and open space areas, and all wetlands including flood plain areas. d. Architectural plans, which shall include the floor plans and architectural elevations of all proposed buildings and a color rendering or photographs of similar structures. e. Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for shrub or tree, and including proposed erosion control measures. 4.3.3.5.2. The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. 4.3.3.5.3. A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this By-Law. 4.3.3.5.4. The site plan shall be accompanied by drainage calculations by a registered professional engineer. Storm drainage design must conform to the Town of Reading subdivision regulations and Department of Environmental Protection storm water regulations. 4.3.3.5.5. The CPDC may require a narrative statement detailing the impact of the proposed use on municipal services and the environment, lighting, traffic, hazardous materials storage, trash, hours of operation and construction impacts. 4.3.3.5.6. Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board. 4.3.3.5.7. All plans submitted shall be in digital format as well as prints as approved by the Town Engineer. Number of prints submitted shall be determined by the Town Planner. 4.3.3.6. Approval. Site plan approval shall be granted upon determination by the CPDC that the plan meets the following objectives. The CPDC may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or 11d. 38 other site alteration shall provide adequate access to each structure for fire and service equipment, and adequate provision for utilities and storm water drainage consistent with the functional requirements of the CPDC's Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, the grading, egress points, and other aspects of the development, so as to: a. Minimize the volume of cut and fill, the number of removed trees 6 caliper or larger, the length of removed. stone walls, the area of wetland vegetation displaced, the extent of storm water flow from the site, soil erosion, and the threat of air and water pollution; b. Maximize pedestrian and vehicular safety both on the site and approach/egression from it; C. Minimize obstruction of scenic views from publicly accessible locations; d. Minimize visual intrusion by controlling the. visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned through the use of landscaping and fencing; e. Minimize glare from headlights and lighting intrusion; Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; g. Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances; h. Ensure compliance with the provisions of the Zoning By-Law; Maximize property enhancement through use of landscaping and other site amenities; Minimize environmental impacts to adjacent properties through hours of operation, deliveries, noise, rubbish removal and storage. 4.3.3.7. Lapse. Site plan approval shall lapse after two (2) years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in. writing by the CPDC upon the written request of the applicant. 4.3.3.8. Regulations. The CPDC may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines. 4.3.3.9. Fee. The CPDC may adopt reasonable administrative fees and technical review fees for site plan review at levels necessary to cover costs. The CPDC may also require the applicant to fund professional review of the filing. 4.3.3.10. Appeal. The appeal of any decision of the CPDC hereunder shall be made in accordance with the provisions of Mass. Gen. L. Ch. 40A. §17. 12 ~r 39 412-2-111 Cvomoions_ Site plan Feview shall not be FequiFed fOF the gi /I Qr v-3.1r2. 1,. Waiver ef Site Plan'. 4.3.3.11. Minor Site Plan Review: The Community Planning and Development Commission or the Town Planner by administrative approval may waive grant approval for a minor site plan review with or without conditions provided the proposed construction, expansion or alteration will not result in any adverse impact in the areas described in Sections 4.3.3.5 or 4.3.3.6 and for any of the following reasons provided however that the property has not been approved for a minor site plan review within the last three (3) years; reaSGRG; a. The construction, expansion or alteration only involves the interior renovation of an existing space such as plumbing, electrical, furniture, fixtures, mechanical systems, or interior changes to comply with the current building code such as handicap accessibility. awe b. The proposed change in use is in the same use category and-will-net 4336. C. The property has tmdergene been developed according to a full site plan review and approval within the past five years. and #he-F If the Community Planning and Development Commission or Town Planner does not act within 60 30 days of receiving a complete waiver Minor Site Plan Review Project request, the waiver shall be deemed granted. 4.3.3.12.1. Waiver of Loading Zone Space Requirements: The Community Planning and Development Commission may waive the requirements of 6.1.1.3 as to the number of loading zone spaces, provided there is no adverse impact in the areas described in Section 4.3.3.6., or take any other action with respect thereto. 13 40 4.33.12.2. Waiver of Parking, Loading Space and Related Design Requirements in the Business C District. Upon the applicant's request and submission of supporting documentation, the community Planning and Development Commission may waive or reduce the requirements under Section 6.1.1.3 and Section 6.1.2, provided there is no adverse impact in the areas described in Section 4.3.3.6. or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 22 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND", or take any other action with respect thereto. Board of Selectmen ARTICLE 23 To see if the Town will vote to sell at public auction the southwesterly section of Lot 28-202 (Pearl and Audubon) of the Board of Assessors' map together with the former public way known as Pearl Street, said auction to be held on or before December 31, 2011, or take any other action with respect thereto. By Petition ARTICLE 24 To see if the Town will vote to authorize the Board of Selectmen to sell or dispose of, upon such terms and conditions as they may determine, the following real estate properties as shown on the-Board of, Assessors' Map, 38-54 Birch Road, 8-11 Fairmount Road, 33-37 Main Street, 23-62 Torre Street, 27-210 Locust Street, 17-215 Green Street, 32-13 off Parkman Road, 23-70 Bay State Road and 21-147 Kingston Street; or take any other action with respect thereto. By Petition ARTICLE. 25 To see if the Town will vote to sell at public auction Lot 9-3 (Lothrop Road) of the Board of Assessors' Map, said auction to be held on or before December 31, 2011, or take any other action with respect thereto. By Petition ARTICLE 26 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2012- beginning July 1, 2011, or take any other action with respect thereto. Finance Committee ARTICLE 27 To see if the Town will vote to appropriate funds from the tax levy, or transfer from available funds or otherwise to the Employee Sick Leave Buy-back and Vacation Leave Buyback Stabilization Fund, or take any other action with respect thereto. 14 1J.' 0 A '41 Board of Selectmen ARTICLE 28 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the. seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year., or take any other action with respect thereto: Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Precinct 7 Precinct 8 Board of Selectmen 15 42 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town* not less than fourteen (14) days prior to April 5, 2011, the date set for the Election in said Warrant, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 1 st day of March, 2011. James E. Bonazoli, Chairman Camille W. Anthony, Vice Chairman Richard W. Schubert, Secretary Stephen A. Goldy Ben Tafoya SELECTMEN OF READING Constable 16 43 Page 1 of 1 Hechenbleikner, Peter I From: Brad Latham [BradLatham@lathamesq.com] Sent: Monday, February 21, 20114:03 PM To: Town Manager; Ellen Callahan Doucette Subject: Burbank Ice Arena Attachments: Article(2).doc on behalf of the Reading Ice Arena Authority, Inc., we respectfully request that the Board of Selectmen sponsor and. place the attached Article on the Town Meeting Warrant for the next Town Meeting. If you suggest any changes or would like to discuss this, please advise. Thank you. Brad Latham 0. Bradley Latham Latham Law Offices LLC 643 Main Street Reading, MA 01867 Telephone: (781) 94.4-0505 Facsimile: (781)944-7079 This e-mail, including any attachments, is intended only for the confidential use of the designated recipient. It may contain confidential or proprietary information and may be subject to attorney-client privilege or other confidential protections. If you are not the designated recipient, please notify the sender by reply e-mail and delete this message. Neither this e-mail nor any attachment to it shall (a) satisfy the requirements for a writing, or (b) give rise to or constitute a contract, or (c) bind our client, or (d) constitute an electronic signature, under any law, now or hereafter in effect, unless this email expressly states that it does. 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Neither this e-mail nor any attachment to it shall (a) satisfy the requirements for a writing, or (b) give rise to or constitute a contract, or (c) bind our client, or (d) constitute an electronic signature, under any law, now or hereafter in effect, unless this email expressly states that it does. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advise contained in this communication (including any attachments) is not intended or written, and cannot be used, for the purpose of (1) avoiding penalties under the internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. S~~ 2/24/2011 44 To: Reading Board of Selectmen From: Angela Binda, Reading Historical Commission Date: 23 February 2011 Re: Demo Delay Bylaw The Town of Reading has long been valued for its rich colonial history, architectural heritage, and traditional New England village character. These characteristics have drawn residents and business owners to. the Town throughout its history, and continue to draw newcomers to Reading. Reading residents have often stated that the historic character of the Town is important to them. As historic properties that populate Reading are both finite and non-renewable, the need to protect them is great. The Reading Historic Commission (RHC) was established in 1978 with a two-fold purpose: to identify and record historic assets of the Town and develop and implement a program for their preservation. One of the first important projects of the Commission was to identify and document existing historical structures. In 1980, alongwith a professional consultant, the RHC compiled a "Historical and Architectural Inventory" of 270 important structures, 90 of which are included on the National Register. The inventory was updated in 2003. In 2010 the RHC received a grant from the Massachusetts Historical Commission to engage a professional consultant to add an additional 100 structures to the inventory. As most early homes in Reading had been documented, the emphasis of this expansion was on late 19th and early and mid-20th century houses and commercial structures. The goal was to make the Inventory more comprehensive, and to better reflect the varied types of historic properties present in Reading. The Town's desire and priority to preserve and protect its architectural and cultural history was more recently restated in the 2005 Master Plan in several of its objectives relating to character, preservation, and the design of new construction. In chapter 4, Character and Identity, "the first goal is to "preserve the architectural heritage and traditional village character of the Town." Another stated objective (p. 128) is-to maintain and add to the Town's Inventory of historical and architecturally significant buildings, while still another objective (p. 125) is to "promote the design of new 5~2~ 45 construction to seamlessly connect with their receiving surrounds." While identifying and documenting historic assets of the town is important work, just as critical is protection and preservation of these very structures. Without special protection, these buildings are in danger of destruction, and the "Historical and Architectural Inventory" could someday become a compilation of important buildings that used to stand in Reading, but no longer do. Much of the work of preservation in Massachusetts is done at the local level, with towns enacting local historic districts and demolition delay protections. The Town of Reading first enacted the Demo Delay Bylaw in 1998, with a 6 -month delay. The purpose of the bylaw is to preserve and protect historically significant structures by allowing the RHC time to work with property owners to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such structures. The law was changed by Town Meeting in 2006 and the delay was increased to 12 months. Currently in Massachusetts, there are 130 cities and towns with Demo Delay Bylaws, up from 108 in 2006. Six cities or towns have 18 month delays, 27 have 12 month delays, and the rest have 6 month, or less, delays. Other area towns with 12-month delays include Winchester, Woburn, Lexington, Arlington, North Andover, Newton, and Bedford. On average, every year, two or three towns add demo delay to their preservation planning tool kit, and another one or two increase their delay from 6 months to a year or 12 months to 18 months. No town has decreased their delay or eliminated it (in the years for which I have statistics). The Demo Delay Bylaw is the only preservation tool that the Town has to protect the approximately 370 structures in Reading that are subject to the. law. It was only 5 years ago that the bylaw was changed from 6 months to 12 months, and it was amended with an overwhelming majority at Town Meeting. This speaks volumes to Town Meeting's desire to preserve the architectural heritage of the Reading. The 12 month delay has allowed the RHC adequate time to work on the Town's behalf and, to find an alternate solution to demolition of several properties, by working through the sometimes lengthy permitting processes of the Zoning Board of Appeals, CPDC and/or Conservation Commission, or in other cases by assisting in finding a suitable buyer for a unique property. A 12 month delay will not be necessary in every case,. but restricting the time limit to six months could 46 522 seriously hinder the work of the Commission and threaten the survival of important structures. To reduce the protection could speed the destruction of historic homes and buildings, some of which are lost every year. Again, historic properties are both finite and non-renewable, and every property lost tears at the fabric of the town. The Demo Delay Bylaw, with its current 12 month delay, is the most important tool the Town of Reading has for historic preservation, and to reduce the delay to 6 months would greatly restrict the RHC's ability to do the work the Town has charged it to do, and would be backward-thinking. Reading has always been a leader in historic preservation in the state. I urge the Board of Selectmen to remove this article from the warrant, to best allow the RHC to do the work with which it has been charged. Thank you for your consideration. Sincerely, Angela Binda, member Reading Historical Commission ~p~'3 47 Hechenbleikner, Peter From: ecdoucette@brackettlucas.com Sent: Monday, February 21, 2011 6:52 PM To: Hechenbleikner, Peter Subject: 2011 ATM warrant with revisions Attachments: 2011-ATM-WARRANT with ECD revisions 2-21-11.DOC Page 1 of 1 Peter, Attached is the draft warrant with my revisions. RE: Article 8, the language is general and must be completed with the location and plan of the areas to be taken. Regarding the Petition articles 22, 23 and 24, as I'm sure you noticed, there are problematical: Has anyone confirmed that these areas were laid out as public ways? If so, there must be a plan for recording, and there must be abandonment language inserted into the article. Also the article must authorize the Selectmen to convey and, if the value exceeds $25,000, they must comply with c.30B, sec. 16. Also, the petitions are not binding if the Selectmen do not want to sell the property. Ellen Ellen Callahan Doucette Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (508) 799-9739 begin _of the skype_highlighting (508) 799-9739 end_of_the_skype_highlighting begin-of the_skype_highlighting endof_the_skype_highlighting begin_of_the_skype_highlighting end__of_the_skype_highlighting (508) 799-9799 (fax) 2/24/2011 48 (508) 799-97-9 (508) 799-9739. N OFI? HEADQUARTERS READING FIRE DEPARTMENT °fs P~ Reading, Massachusetts 01867 39PlNCORQp4 GREGORY J. BURNS, Chief 757 Main Street BUS. Phone: 781-942-9181 STA. Phone: 781-944-3132 Fax: 781-942-9114 TO: The Board of Selectmen FROM: Chief Gregory J. Burns DATE: February 16, 2011 RE: Request to Accept Mutual Aid Laws On July 27, 2010 Governor Patrick signed into law legislation that created two new mutual aid laws. The purpose of the new laws is to form comprehensive mutual aid statutes that allow the sharing of a wide variety of resources among cities and towns. The new mutual aid laws are as below: 1. Statewide Public Safety-Mutual Aid MGL c. 40, Section 4J 2. Statewide Public Works Municipal Mutual Aid MGL c. 40, Section 4k In addition to the two laws above, the Fire Mutual Aid law below has been in existence for some time 3. Fire Mutual Aid MGL c. 48 Section 59A Background: All three of these laws must be accepted at the local level and were created to form a comprehensive multi-discipline mutual aid system designed to allow Cities and Towns that are overwhelmed by public safety incidents or a disaster to receive assistance from other municipalities. Features of these laws include: ➢ The Public Works and the Fire Mutual Aid.laws permit crossing into adjoining States. > The Fire Mutual Aid law permits aid to any Federal jurisdiction in Massachusetts. This is an. important component to the Statewide Fire Mobilization Plan. > The Public Works mutual aid law permits mutual aid to support every day non emergency operations. Recommendation-, I have reviewed the mutual aid laws and a recommendation of the Acting Director of MEMA and the Undersecretary for Law Enforcement & Fire Services. Based upon that review, I recommend the Town of Reading accept. the, two mutual aid laws below: 1. Statewide Public Safety Mutual Aid MGL c. 40, Section 4J 2. Fire Mutual Aid MGL c. 48 Section 59A 49 Board of Selectmen February 16, 2011 Page 2 At this time, I do not recommend we adopt the Statewide Public Works Municipal Mutual Aid MGL c. 40, Section 4k. The reason for not recommending adoption as this time is because under this law an Advisory Board has been created and this Board -is still working on guidance documents and forms. Once this process is complete we should then consider adopting this law. Acceptance Process: If the Board of Selectmen decides to accept the laws, they must be accepted individually. For all .laws that are adopted we then must file a notification form with the Massachusetts Emergency Management Agency. For your review, I have attached a recommendation from the Acting Director of MEMA and the Undersecretary for Law Enforcement & Fire Services and summaries of the mutual aid statutes. 2 We're Your Friends for L.C. 50 r4~iy"or►t~~~l:: s ° G POLICE EP TMEN T D READ I OFFICE OF THE CHIEF h9 IHC 15 Union Street, Reading, Massachusetts 01867 ,Tamed W. Cormier Emergenq only. 911 All Other Calls: 781-944-1212 Fax; 781-944-2893 Chief of Police L'`-Mail: * Xormier@ci.reading,ma us To: Peter I. Hechenbleikner, Town Manger From: Chief James W. Cormier Date: February 17, 2011 Re: Request to Accept Mutual Aid Laws Peter, On July 27, 2010 Governor Patrick signed into law.legislation that created two new mutual aid laws. The purpose of the new laws is to form comprehensive mutual aid statutes that allow the sharing of a wide variety of resources among cities and towns. The new mutual aid laws are as below: 1. Statewide Public Safety Mutual Aid MGL c. 40, Section 4J 2. Statewide Public Works Municipal Mutual Aid MGL c. 40, Section 4k After reviewing the Mutual Aid Laws as proposed and the recommendation of the Undersecretary for Public Safety and Fire Services I concur with Chief Burns' recommendation of accepting the Public Safety Mutual Aid portion MGL Ch. 40 Sec. 4J as well as the Fire Mutual Aid MGL Ch. 48 Sec. 59A. By accepting these legislative initiatives, we are enhancing and defining our abilities to share resources with'our neighboring communities. This legislation lays the foundation for and more dlearly articulates how the sharing will occur and who has responsibility for various aspects of the resource sharing. This in no way commits us as a community to anything we are not comfortable doing. Thank you for your and the Board of Selectmen's consideration on these items. If there are any other questions please feel free to contact me. ,5 . e- 3 51 OF & Town of Reading 16 Lowell Street Reading, M A 01867-2683 o , „a 639. INC° Fax: (781) 942-5441 Website: www.readingma.gov PUBLIC WORKS (781) 942-9077 TO: Peter Hechenbleikner FROM: Jeffrey Zager RE: Statewide Mutual Aid Law- Selectmen's Package 3/1/11 Meeting DATE: 2/17/11 At this point in time I would concur with Chief Burn's recommendation to hold off on accepting MGL C40 Sec4K, as it relates to Public Works Mutual Aid Legislation. This would allow the statewide established Public Works Municipal Mutual Aid Advisory Committee the opportunity to develop the necessary procedural plans, costs, protocols, and program for intrastate and interstate cooperation, in terms of both emergency and non emergency operations. Once all the details have been worked out, I will be recommending the Town move forward and adopt this important legislation. 52 ,5e t/ ATTACHMENT C MUTUAL AID "OPT-IN" FORM, Town of Reading I hereby certify by my signature(s) below that the Town of Reading has authorized, in accordance with each of the applicable statutes, its participation in each of the mutual aid agreements indicated below (each individual section below must be completed for each agreement authorized). MGL c. 40, §4J - Statewide Public Safety Mutual Aid Agreement Date of Vote/Execution: Name and Title of Certifying Official: James E. Bonazoli, Chairman Board of Selectmen Signature of Certifying Official: Telephone: (781) 942-9043 Email Address: townmanager@ci.reading.ma.us MGL c. 48, §59A - Statewide Fire Mutual Aid Agreement Date of Vote/Execution: Name and Title of Certifying Official: James E. Bonazoli, Chairman Board of Selectmen Signature of Certifying Official; Telephone: (781) 942-9043 Email Address: townmanager@ci.reading.ma.us Once each applicable section of this form is completed please return the form to: Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Attn: Allen Phillips 53 '['HE COMMONWEALTH OF lINIASSACI•IUSETTS EXECUTIVE (:)FFIC"E OF PUBLIC' SAFETY AND SECURITY NIASSAC:II1'SIA;'TTS EMER(.'Y'EN('Y MANAGEMENT 460 Worcester Road, Framingham, ILIA 01702-5399 1.)cvatl L.: Prttrict` Tel: 508-820-2000 Fax: 508-820-2030 Gmernor Website: www.mas5.gov/meEna 11111olli R Murray t ictitenam Goccrnor A(.,EN('Y N,tar~ I.izabob rtGt~t.riliin Secretarv Janua.ty 21, 2011 TO: Elected Municipal Otiicials Municipal Managers & Administrlttors Police & Fire Chiefs Emergency Management Directors Public Works and Public Health Directors Building, Ot'licials Other Appointed Municipal Off icials F n ff F S Kurt N. Schwartz Actine C3trectoi On July 37, 2010. Governor Deval Patrick signed into taw Chapter 189 of the (Acts of 2010 (An Act Relative to Municipal Relief). This legislation created, among other provisions. two new statewide mutual aid Iaws. I aril writing to promote awareness of these new mutual aid laws and to uri e your juriseiiction's participaticm in theta and the. long-established Fire: Mutual Aid law, The citations for these: mutual aid laws are as Follows: Statewide Public Safety Mutual Aid: (M.GL c. 40, §4.1): Statewide Public Worlcs Municipal Mutual Aid: (1\rIGL- c. 4(), §4K): Fire Mutual :'lid: (MGI.., c. 49, §59A). While there is substantial overlap a11u>ng these three mutual aid laws. .'there are impoilant differences between them that warrant jurisdictions joining each ofthe three agreements. For example, only the Public Works and Fire mutual aid laws permit crossing into adjoining states to send and receive assistance. The I','irc mutual aid law also permits aid to any federal jurisdiction in the Commonwealth and serves as the backbone of the Statewide Fire Mobilization Plan. The Public Works mutual aid-law' permits mutual aid to support every day, iron-emergency. operations while the Public Stifcty mutual aid law limits the provision ot'mutuai aid under the agreement to "public safety incidents" as defittled 11.) the Region I 1'.O. Bo.s I I() 305 Ha"I Strecl ti +k,hury. M.A\ M.87o It'1: 'T^1-3'~•• 1500 r,Ix : 1 8:' 1.14 Kegiun a Retziun Itl . iV PO. Box 54 1002 Sutl'icld Slxcm I2-1 Rear Administration Road A\,>;tlwarn. MA 0 1DOI liritlecwater. NLA 02324-0051 7tdt 41 -111..1500 I=;ta: 41 1-821-159'1 'R:1; 508-427-0400 Em 08-6117-8869 54. ,s e,:, W With the recent enactmcot ofthe Public Safety and Public Works mutual aid laws, the Comm (iiiwealth has, far the first time, comprehensive multi-discipline mutual aid statutes that provide a mechanism, or system for cities and towns which are impacted and, ovelivIielmed by a public safety incident or disaster to ask for, and reeeive assistance from municipalities that may have resources to share. In addition, the new Public Works mutual aid law allows communities to share public works resources in support of every dav. non-emergency work. Even ill strong ec(aruomic times, most cities end towns dc) Heil have sufficient personnel and-resources to quickly and effectively respond to and manage: mass casus.ltir s, widespread damage to infrastructure, numerous persons displaced frorn their homes, mass vaccinations or decontaminations. establishing food and water distribution sites, and the many other demands that large, and even small disasters place on municipal government. And. these arc: not strong economic times. Iv`ow, more than ever, cities and towns must rely on neighbors; in times of emergency. Likewise. state resources, once mustered, may not he sufficient to meet all urgent needs and demands in the aftermath of a widespread natural or man-made disaster that impacts many cities and towns. What we know from experiences here in the Commonwealth and in other pants ofthe. country, is.that, we need a strong, reliable mutual aid system that provides the platforni fbr cities; and towns to dispatch personnel and resources to other communities that are in need. We are not just talking about police and tire: we are talking about emergency management: emergency medical services; building; inspectors; engineers', health agents and inspectors: transportation. water, sewer, highway. forestry, parks and cemetery personnel and resources`. and communications capabilities. Thine: hack to the Dccembcr 2008 widespread ice storm that left reads impassable in dozens ot'smatl communities in the central rind western parts of the State. Just irnaggine h(nv much more quickly we could have cleared downed utility lines and trees, and reopened roads if'we could have drawn dump trucks, plows, chain saws, and highway department workers from the cities and towns in the southeastern and eastern parts of the state that were not touched by the storm. Think further back to the explosion that. rocked Danvers just a few years ago. With hundreds of buildings damaged or destroyed, Danvers had an urgent need fir building inspectors to go building to building, and street to street, to assess tiie levels of darnage, ,in(] overall sal`ety ofthe impacted structures. While some municipal building; inspectors froill neighboring towns volunteered their services, they dill so with significant liability and jurisdictional questions unanswered. 55 S4~ More recently, we anxiously inoni.tored. a strong hurricane (Hurricane .Earl) that was threatening to make landfall on the Cape or Islands. This time we. were fortunate ---the storm took a more easterly path and weakened before it reached our area. But had this storm made landfall in Massachusetts as a Category 3 or Category 4 hurricane, damage to roads. bridges.. utility systems. hones and businesses WOUld have been extensive. Emergency services in the'southeast part of the state would have been out straight, and derrtand i6r fill types o1' public safety and municipal services would have exceeded capacity. Moreover, the everyday intornlal and formal systems of neighbor to neighbor mutual aid would not have worked because every community in the southeastern part of the state would have been in the carne situation - not enough resources to meet the urgent needs of their resiilonts. 'Yodav, we lime comprehensive mutual aid statutes that can facilitate mutual aid from neighhoriag cities and tov"lls and e0rlrmunitics in other parts ot'the state. By utilizing these statLft'ti, irnpactCd jurisdictions can quickly ask ii)r and receive; en array ofresources such as police and fire personnel, municipal workers to staff shelters and food distribution sites, building inspectors, health inspectors, clump trucks, front-end loaders, generators, chain saws, (.'immunity Emergency Response; Tearns, and Medical Reserve Corps. Each o f these three ntaatual aid laws require a city, town or other governmental unit to ufjirrrrertively "(.?pt-in" in order to participate in and enjop the benefits of these Jntitual a id agreenaents. Each statute spells out the vote that. a jurisdiction must take to opt-in to these mutual aid statutes. In order to maintain a central registry of cities and towns that have Upted in to the mutual aid agreements, we ask that each jurisdiction notify MEMA, in writing, using the.enclosed form. once it takes the required votes to opt-in to one or all of tile mutual aid agrecne.'.nts. Opting in to any of these agreements does not require a jurisdiction to provide mutual aid i1'i}oing so is not reasonable and practicable. A jurisdiction is permitted to withhold requested resources to the extent necessary to provide reasonable protection and coverage for its rrwn jurisdictiOn or if it does not wish to bear the expense of providing mutual aid. Opting in to the. Public Safety or Public Works mutual aid agreements does not aftcct, supersede or invalidate any other statutory en- contractual riiutual aid or assistance agreements. Additionally, a party may enter into supplementary mutual aid agreements with other parties or jurisdictions. A jurisdiction may also opt out of the public Safety and public Works agreements at any time by providing. 10 days written notice to MEMA. Ultimately, my hope is that yourjurisdiction will opt-]n to these three rnUtual aid statutes by taking the required voters. Today, 1 am urging you to MOOT forward and aclcr}it two of the rnutua.l aid laws: the Statewide Mutual Aid Law and the Fire Mutual Aid .Law. The third (the Statewide public Works Mutual Aid Law) is not quite ready to be implemented, the Ad.visor_v Board that oversees its operation is still working on the necessary implementation documents. 56 ~5eU I have enclosed the following documents to facilitate yourJurisdiction's review and acceptance of the.two mutual aid statutes: Sunirriaries of the mutual aid statutes (tile Public Works Mutual Aid Law also is summarized) (Attachment A); InstrLICtioTIS on the steps/actions Vour jurisdiction must take to opt-in to the Statewide 1btual Aid Agreement and the Fire Mutual Aid Agreement (Attachment B); Notification Form to complete and return to MEMA after Vour lurlsdiction opts-In to one or both of the mutua! aid agreements; Shcxild VoLi have any questions, please contact MEMA's statewide mutual aid Coordinator Allen Phillips at•508-SM-1426 or at alle.n.hhillips(cc state.ma.us, Very truly yours, 1"'urt N. Schwartz Undersecretary, Law Enforcemcm & Fire Services Acting Dircctnr, Massachusetts Emergency Management Agency Executive Office of'Puhlic Sal'bly & Security 57 '5(' 1 ATTACHMENT A Summaries of Mutual Aid Laws Chapter 40, Section 4.1: Statewide Public Safety Mutual Aid Creates a statewide public safety mutual aid agreement. Assistance provided under the agreeanent includes, but is not limited,to, fire service;. lave enforcement. emergency medical services, transportation, communications, public works. engineering, building inspection. planning and irnl'orlrlation assistance, resource support, public health, health and medical services, search and rescue assistance and any other resource, equipment or personnel that a party to the agreement may request or provide in anticipation of. or in response to.. a public safety incident. Opt-in mutual aid agreement - Ifa city/town/governmental unit, wisbes to join the Agreement they must notify MEMA in writing. The city town,'governtncntal-unit shall become a party to the agreement 3U days after MEMA's r.eecipt of the written notification, A cityltown',~overnmerntal unit. that has joined the agreement may opt out of the agreement by notifying MEMA in writing of its intention to opt out.. A city%town'go.>vcrnmental unit's removal from the agreement takes effect I0 days after Ml?MA's reeelp't of tllc written notification. A request by a party to receive mutual aid under this agreement shall be made, either orally or in writing; by an authorized representative of the requesting party to an authOri ed representative of the sending party or to Iv1EMA. All oral requests shall he reduced to writing by the requesting party and delivered to the sending party at the earliest possible date. but not later than 72 hours after making the oral request. 'T'he requesting party shall be responsible for the overall operation, assignment and deployment of resources and personnel provided by the sending party consistent with the incident command system. Unless otherwise agreed to, the sending party.411all retain direct supervision, com viand and control of personnel, equipment and resources provided by the sending party. Unless the requesting and sending parties agree otherwise, the sending party shall be responsible fir the operation of its equipment and for any danlage thereto. Unless the requesting and sending parties agree otherwise, the, scnding'party shall pay all expenses. including, salary and overtime. incurred by the sending; party. A sending party all ciocume nt its casts of providing mutual aid assistance under the agrecme nt. Except as otherwise agreed to by the parties, the requestia-ig party shall seek reimbursement under any .ipplicoble federal and state disaster assistance programs for the cost of responding to the public. safety incident. The requesting party and each sending party shall receive, based on the do7curnentcol costs of providing mutual aid assistance, its pro rata share of the disaster assistance reimbursement provided to the requesting party, O 58 Wlille providing'rllutual aid assistance under the agreement, employees of the sending party shall be afftn-ded the, sarne powers and duties, rights and pri.vilegcs as they are affardecl in the sending party's geographical jurisdiction or location. While in transit to. returning from and providing mutual aid assistance under the agi eemr nt, crnp(nyces of a sending party >hall have the sarne rights of defense: immunity and inden-tnificpion that they would otherwise have under the law if they were acting within the scope of their employment under the direction of their employer. A sending party shall provide to, and maintain for, cach'of its employees who provide mutual aid lssistance under the agrcenlent the same indemnification, defense, right to inn-runity, employee henef its, death benefits, workers' compensation or similar protection and insurance coverage that would be provided to those employees ifthcy were performing similar services in the sending party's jurisdiction. Each party to the agreement shall waive all claims and causes of action against each other party to the alp-eenlent that. 11111.1' urine out of their ac:tivlties while rendering or receiving mutual slid under the agreement. Each requesting party shall defend, indemnity and hold harmless each sending party from all claims by third parties for property damage and personal injury which may.arisc out of the activities of the sending party or its employees, including travel, while providing mutual aid assistance under the a-reernent. This section shall not afFect, supersede or invalidate any ether statutory or contractual mutual aid or assistance agreements. A party may enter into supplementary mutual aid agreements with other parties or jurisdictions. Chapter 40, Section 4K:. Statewide Public Works Municipal Mutual Aid Ci-cates a statewide public works municipal mutual aid agreement. Assistance provided under the agrecnlcnt includes, but is not limited to, services related to public works. personnel, equipment, supplies and facilities to prepare for. prevent, mitigate, respond. to and recover from public works incidents. Participation in the agreement is also available to gocemnlental.units in states contiguous to the C'onlnlonwealth. Creates a statewide ptrb(IC WOrk5 nlUntclpal mutual aid advisor}- committee to be chaired by the secretary of public safety and security or his designee. C)pt-in mutual i.tid agreement 11'a cityftoyvn goverrtnlcnt.al unit wishes; to join the Agreement they must notify the mutual aid advisory committee in w=riting. The citylto.vn ;nvurrirnental unit shall become a party to the agreement 30 days after the advisory committee's receipt of the written notificatiem. A cityjtovvn:'gcfvemmcntal unit that has joined the agreement may opt out of the agreement by notifying the advisory committed; in writing of its intention to opt out. A cityitow-n/goyen1t11ental unit's removal from the agreement takes effect 10 days after the advisory committee's receipt of the written notification. 59 A request by' a Marty to receive mutual aid under this agreement shill] be made, either orally or in writing, by the chief executive officer of the requesting . party or one of its designated points of contact to the chief executive officer or a designated point of contact of the sending Marty. All oral regtiests shall lie reduced to writing by the requesting party and delivered to the sending party at the earfiest possible date, but )lot later than 73 hours after making the oral request. A party that receives a request for mutual aid assistance shall provide and make available, to the extent reasonable and practicable and r .the circurristances, the resources requested by the requesting party; provided. however. that I sending party may withhold rcgtaested resources to the extent necessary to provide reasonable protection and coverage for its o%x it .1111.1"dictar gyn. The rcquc~t.inll party spiel] he responsible Cor the overall operation, assignment and deployment of resources land personnel provided by the sending party. unless otherwise ayreQd to. the serlding party shall retain direct supervision, command and control of PCI-Se)rorrCI, equipment and resources provided by the sending party. Unless the requesting and sending parties atigree. otherwise, the sending, party shall he responsible for the operation of its equipment sand for any damage thereto. l.inlcss the regLie:st.ing and sendim parties agree otherwise, the sending party'1At8ll pay all cxpenscs. including salary and overtime. ii.ICUI red by the sendin~(T party. sen(fing party shall document its; costs of providing, mutual aid assistance under the agreement. Except as otherwise agreed to by the parties, the requesting party shall seek reimbursement under any applicable federal and state disaster assistance programs far the cost of responding, to the: public wc,rlcs incident. The requesting party and each sending; party shall receive, based on the documented costs of providing mutual aid assistance, its pro rata share of the disaster assistance reimbursement provided to the requesting, party. While providing mutual aid assistance under the agreement, employees of the sending party shall be afforded the same powers and duties. rights and privileges as.they are afforded in the ,,ending party's geographical jurisdiction or location. While providing mutual aid assistance under the agreement, employees of the sending party Shall be considered. similarly licensed;.ccrtifiecl or permitted in the requesting party's jurisdiction if the employee holds a valid license. certificate or permit issued by the crnployee's (10VC1111Tlental unit, While ill t.rilliSlt te). returning tram arid. providing mutual aid assistance under the agreement, canployees of'a sending party shall have the carne rights ofdetcnse, immunity. and indemnification that they would (otherwise have UTUICT the laW ifthc y were acting \vithin the :scope of their employnunt under the direction (.)['their employer. A sending I.iarty shall provide u), and maintain Cor, each of its employees who provide: mutual aid aSSistcanee: Under the agreement the some indemnlhcation. defense, right to irnrrlt.llrltV, employee benefits, death benefits, workers' compensation or similar protection and insurance coverage that would he provided to those employees if they were pertbrrning similar services in the sending party's jurisdiction. s-~-~2 60 pawky to the agi-ccrncnt shall \Ajaivc all claims and causes ol'act.ion against cash other Each party to the-agrcemcrlt that may arise out of their activities while rendering or receiving mutual aid under the agreement. Each requesting party shall defend, indemnify and hold harmless each sending party from all claims by third parties for property damage and personal injury which may arise out of the activities ()[,tile ending party or its uniployces. including irat el. while providing mutual aid assista.ncc under the agreement. -ed All equipment requested and deployed pursuant to this agreement shall he inSUi by the sending party. 'Chic section shall not affect, supersede or invalidate any other- statutory or contractual mutual aid or assistance agreements. A party may enter Intel supplementary mutual aid agreements with other parties or jurisdictions. Chapter 483 Section 599: Fiire Ritual Aid Law t-1.<:i.i.... Chapter 48, Suction 59A authorize,, cities and twx,nti to voluntarily participate in rendering mutual aid tiro response to another city. town, fire.district or area under federal jurisdiction in the Corn inomvealth or an acljoining state. Cities, towns, and fire districts may authorize such mutual aid by passing an ordinance or by-lave or by vote of the aldennen, selectmen, or prudential committee or other hoards exercising such powers, Each city. town, or district wishing to participate in tire: department mutual aid. must. at a 1m1111llUill. \'iYke: 10 aCCept the prOVlSillll', tit Chapter 48, Section 5()A. The jurisdiction Indy also authorize its department to enter into mutual -c1id llorec.nlents with anv other city, toWn, or district of in adjoining states, of inillose conditions of restrictions on rendering mutual aid. -There should be a policy authorizing the fire department to peirficipate in the statewide mutual aid plan, regional plans, or other plans, as approved by the city, town. or district. Mutual aid covers the extinguishment of fire or rendering of any emergency aid or detail as ordered by the Head of the Fire Department. However, the ordinance, by-law or vote may place conditions or restrictions on the rendering of such aid. Members elf fire departments, while performing their duty in extending; mutual aid, shall have tile: II1111leiillUes ;md privileges as if pedori-ring those duties within their respective cities. tm ns or districts. ("Chia includes immunity under the provisions of the M,1SSUC}luse1tS Tort. (11inl Act, M.t-i.[.. Chapter 259 ac well as the Good Samaritan provisions 1,61- l:lvfT's rendering treatment pursuant to Chapter i 1 1 C, section 211.) In the absence ofany agreement to the contrary, the municipality rendering aid is responsible tier: damage to its own equipment: personal injury sustained or caused by a member of its fire department, and any payment it is required to make to a member of its fire department or their widows or dependants duc to injury or death. 61 ATTAC1-1MEN'T 13 MUTUAL AID "OPT-IN" INSTRUCTIONS The statutoi- requirements for jurisdictions to opt-in to the mutual aid agreement(s) are set.forth below. MGL c. 40, 4,I: Public Safety Mutual Aid Agreement [fa city or town wishes to join the Public; Safety agreement, the mayor'in the case of a city. the city manager in the case ofa Plan U or Plan E city. or the town manager, town administrator or chairman ofthe board of-selectmen with the approval by a majority elf.' the board ofsclectmen. may act on behalfof the city or town tit thin the agreement by notifvint; the director of'NI N,1A in writing. If crnnlCntltl unit that N' 1101 a city car t0WJl VIT,11cs to j0ii1 tl1o~ a6?reel"tc nt, the chief exectit.i%T ofticcr 01'111C gosrcrnmcntal unit play act on its behalf tu.join the agreeillent by notifying the director of1v1EMA in writing. NIGL c. 48, § 59A - Statewide lire Mutual Aid Agreemeut Cities, towns and fire districts may, by ordinance or by-law, or by vote of the board of aldermen, selecIb-nen or of the prudential committee or board exercising similar powers, authorize their respective; fire departments to go to aid another city, town. tire: district or area under fedcral jurisdiction. Anv such ordinance, by-fil"N car vote may authorize the head cif fhe tire department to extend such aid, subject to such conditions and resi6ctions as may l:)c prescribud therein. On(;c a jurisdiction has properly authorized joining one or both of the above listed mutual Yreenients, please complete each applicable section of the attached form (See aid a& !'Attachment. C). t:pon completion, please return the form to: A~lassachusctts l,mer~~cncy %ilana !ement Agency 400 Worcester IZoad Framingham. NIA 01702-5.'.)99 Attn:. Allen 1`1111lips 62 s 1 N ATTAC H N1 1 EIN I' MUTUAL All) "OPT'-I^"" FORM ( IWITOWN/ DISTRICT OF I hereby certify by my si~tynature(s) below that the city townidistriet or outer <"oVemmenlat unit has authorized, in accordance with each of the applicahle: statute, its participation rrl each of the mutual aid agreements indlcaled below (each individual Section holow, must be completed For each agrecment authorized). NIGI., c. 41), §4,I - State\\•ide Public Safety Mutual ;did ;agreement Date tit' VI)tC 1-,A (:Cut loll: 'ante anal l~itlc t~I'(.'rrtif~in~z;.)liicral: , 5i:11111ture oi•t.•crti}Ofticial' Telepiuutu 1=.trrarl , iRII-C s: MGI, r. 48, 59A - Statewide Fire kTutual Aid A reement Date rit• Votc.'Execution: \amc cutd l niG ++I 'C trtIt`\inu OI1ICial: Si~znatItI-C. c+f (~t'tll\'rri,! Otilei t1: I'clrph{+nc Email ,A(I(lrc°gs: (?nee arch applicahtc scitic+ii uftlti.) liinrt is C()ntpletccl please return the I'm to: `1:ts~achu~cit~ I.rncr cnc~` yl,inZI-L' ent A,wL11C 400 Road i`rainirr,'himl. \,1 t) { %i.)?- AMI: Mimi PhillIlls 63 k\ THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY 400 Worcester Road, Framingham, MA 01702-5399 Governor vL.Patrick Tel: 508-820-2000 Fax: 508-820-2030 Website: www.mass.gov/mema Timothy P. Murray Lieutenant Governor Mary Elizabeth Heffernan Secretary TO: Elected Municipal Officials Municipal Managers & Administrators Police & Fire Chiefs Emergency Management Directors Public Works and Public Health Directors Building Officials , Other Appointed Municipal Officials On July 27, 2010, Governor Deval Patrick signed into law Chapter 188 of the Acts of 2010 (An Act Relative to Municipal Relief). This legislation created, among other provisions, two new statewide mutual aid laws. I am writing to promote awareness of these new mutual aid laws and to urge your jurisdiction's participation 'in them and the long-established Fire Mutual-Aid law. The citations for these mutual aid laws are as follows: Statewide Public Safety Mutual Aid: (MGL c. 40, §4J); Statewide Public Works Municipal Mutual Aid: (MGL c. 40, §4K); Fire Mutual Aid: (MGL c. 48., §59A). While there is substantial overlap among these three mutual aid laws, there are important differences between them that warrant jurisdictions joining each of the three agreements. For example; only the Public Works and Fire mutual aid laws permit crossing into adjoining states to send and receive assistance. The Fire mutual aid law also permits aid to any federal jurisdiction in the Commonwealth and serves as the backbone of the Statewide Fire Mobilization Plan. The Public Works mutual aid law permits mutual aid to support every day, non-emergency, operations while the Public Safety mutual aid law limits the provision of mutual aid under the agreement to "public safety incidents" as defined in the law. Region I Region II Region III / IV P.O. Box 116 P.O. Box 54 1002 Suffield Street 365 East Street 12-1 Rear Administration Road Agawam; MA 01001 Tewksbury; MA 01876 Bridgewater. MA 02324-0054 Tel: 413-821-1500 Fax Tel: 978-328-1500 Fax: 978-851-8218 Tel: 508-427-0400 F&4508-697-8869 January 21, 2011 tQ,&( Kurt N. Schwartz Acting Director N O '.T.1 M 0z; ca NJ kil vz-e-) G 413-821-1599 With the recent enactment of the Public Safety and Public Works mutual aid laws, the Commonwealth has, for the first time, comprehensive multi-.discipline mutual aid statutes that provide a mechanism, or system for cities and towns which are impacted and overwhelmed by a public safety incident or disaster to ask for, and receive assistance from municipalities that may have resources to share. In addition, the new Public Works mutual aid law allows communities to share public works resources in support of every day, non-emergency work. Even in strong economic times, most cities and'towns do not have sufficient personnel and resources to quickly and effectively respond to and manage: mass casualties, widespread damage to infrastructure, numerous persons displaced from their homes, mass vaccinations or decontaminations, establishing food and water distribution sites, and the many other demands that large, and even small disasters place on municipal government. And, these are not strong economic times. Now, more than ever, cities and towns must rely on neighbors in times of emergency. Likewise, state resources, once mustered, may not be sufficient to meet all urgent needs and demands in the aftermath of a widespread natural or man-made disaster that impacts many cities and towns. What we know from experiences here in the Commonwealth and in other parts of the country, is that we need a strong, reliable mutual aid system that provides the platform for cities and towns to dispatch personnel and resources to other communities that are in need. We are not just talking about police and fire; we are talking about emergency management; emergency medical services; building inspectors; engineers; health agents and inspectors; transportation, water, sewer, highway, forestry, parks and cemetery personnel and resources; and communications capabilities. Think back to the December 2008 widespread ice storm that left roads impassable in dozens of small communities in the central and western parts of the state. Just imagine how much more quickly we could have cleared downed utility lines and trees, and reopened roads if we could have drawn dump trucks, plows, chain saws, and highway department workers from the cities and towns in the southeastern and eastern parts of the state that were not touched by the storm. Think further back to the explosion that rocked Danvers just a few years ago. With hundreds of buildings damaged or destroyed, Danvers had an urgent need for building inspectors to go building to building, and street to street, to assess the levels of damage, and overall safety of the impacted structures. While some municipal building inspectors from neighboring towns volunteered their services, they did so with significant liability and jurisdictional questions unanswered. se,tl 65 More recently, we anxiously monitored a strong hurricane (Hurricane Earl) that was threatening to make landfall on the Cape or Islands. This time we were fortunate-the storm took a more easterly path and weakened before it reached our area. But had this storm made landfall in Massachusetts as a Category 3 or Category 4 hurricane, damage to roads, bridges, utility systems, homes and businesses would have been extensive. Emergency services in the southeast part of the state would have been out straight, and demand for all types of public safety and municipal services would have exceeded capacity. Moreover, the everyday informal and formal systems of neighbor to neighbor mutual aid would not have worked because every community in the southeastern part of the state would have been in the same situation - not enough resources to meet the urgent needs of their residents. Today, we have comprehensive mutual aid statutes that can facilitate mutual aid from neighboring cities and towns and communities in other parts of the state. By utilizing these statutes, impacted jurisdictions can quickly ask for and receive an array of resources such as police and fire personnel, municipal workers to staff shelters and food distribution sites, building inspectors, health inspectors, dump trucks, front-end loaders, generators, chain saws, Community Emergency Response Teams, and Medical Reserve Corps. Each of these three inutual aid laws require a city, town or other governmental unit to affirmatively "opt-in" in. order to participate in and enjoy the benefits of these mutual aid agreements. Each statute spells out the vote that a jurisdiction must take to opt-in to these mutual aid statutes. In order to maintain a central registry of cities and towns that have opted in to the mutual aid agreements, we ask that each jurisdiction notify MEMA, in writing, using the enclosed form, once it takes the required votes to opt-in to one or all of the mutual aid agreements. Opting in to any of these agreements does not require a jurisdiction 'to provide mutual aid. if doing so is not reasonable and practicable. A jurisdiction is permitted to withhold requested resources to the extent necessary to provide reasonable protection and coverage for its own jurisdiction or if it does not wish to bear the expense of providing mutual aid. Opting in to the Public Safety or Public Works mutual aid agreements does not affect, supersede or invalidate any other statutory or contractual mutual aid or assistance agreements. Additionally, a party may enter into supplementary mutual aid agreements with other parties or jurisdictions. A jurisdiction may also opt out of the Public Safety and Public Works agreements at any time by providing 10 days written notice to MEMA. Ultimately, my hope is that your jurisdiction will opt-in to these three mutual aid statutes by taking the required votes. Today, I am urging you to move forward and adopt two of the mutual aid laws: the Statewide Mutual Aid Law and the Fire Mutual Aid Law. The third (the Statewide Public Works Mutual Aid Law) is riot quite ready to be implemented; the Advisory Board that oversees its operation is still working on the necessary implementation documents. S~~ g 66 I have enclosed the following documents to facilitate your jurisdiction's review and acceptance of the two mutual aid statutes: . Summaries of the mutual aid statutes (the Public Works Mutual Aid Law also is summarized) (Attachment A); Instructions on the steps/actions your jurisdiction must take to opt-in to the Statewide Mutual Aid Agreement and the Fire Mutual Aid Agreement (Attachment B); ® Notification Form to complete and return to MEMA after your jurisdiction opts-in to one or both of the mutual aid agreements; Should you have any questions, please contact MEMA's statewide mutual aid coordinator Allen Phillips at 508-820-1426 or at allen.phillips@state.ma.us. V truly yours Kurt N. Schwartz Undersecretary, Law Enforcement & Fire Services Acting Director, Massachusetts Emergency Management Agency Executive Office of Public Safety & Security 6-~Clq 67 ATTACHMENT A Summaries of Mutual Aid Laws Chapter 40,. Section 4J: Statewide Public Safety Mutual Aid Creates a statewide public safety mutual aid agreement. Assistance provided under the agreement includes, but is not limited to, fire service, law enforcement, emergency. medical services, transportation, communications, public works, engineering, building inspection, planning and information assistance, resource support, public health, health and medical services, search and rescue assistance and any other resource, equipment or personnel that a party to the agreement may request or provide in anticipation of, or in response to, a public safety incident. Opt-in mutual aid agreement - If a city/town/governmental unit wishes to join the Agreement they must notify MEMA in writing. The city/town/governmental unit shall become a party to the agreement 30 days after MEMA's receipt of the written notification. A city/town/governmental unit that has joined the agreement may opt out of the agreement by notifying MEMA in writing of its intention to opt out. A city/town/govenunental unit's removal from the agreement takes effect 10 days after MEMA's receipt of the written notification. A request by a party to receive mutual aid under this agreement shall be made, either orally or in writing, by an authorized representative of the requesting party to an authorized representative of the sending party or to MEMA. All oral requests shall be reduced to writing by the requesting party and delivered to the sending party at the earliest possible date, but not later than 72 hours after making the oral request. The requesting party shall be responsible for the overall operation, assignment and deployment of resources and personnel provided by the sending party consistent with the incident command system. Unless otherwise agreed to, the sending party shall retain direct supervision, command and control of personnel, equipment and resources provided by the sending party. Unless the requesting and sending parties agree otherwise, the sending party shall be responsible for the operation of its equipment and for any damage thereto. Unless the requesting and sending parties agree otherwise, the sending party shall pay all expenses, including salary and overtime, incurred by the sending party. A sending party shall document its costs of providing mutual aid assistance under the agreement. Except as otherwise agreed to by the parties, the requesting party shall seek reimbursement under any applicable federal and state disaster assistance programs for the cost of responding to the public safety incident. The requesting party and each sending party shall receive, based ~on the documented costs of providing mutual aid assistance, its pro rata share of the disaster assistance reimbursement provided to the requesting party. 5el-o 68 While providing mutual aid assistance under the agreement, employees of the sending party.shall be afforded the same powers and duties, rights and privileges as they are afforded in the sending party's geographical jurisdiction or location. While in transit to, returning from and'providing mutual aid assistance under the agreement, employees of a sending party shall have the same rights of defense, immunity and indemnification that they would otherwise have under the law if they were acting within the scope of their employment under the direction of their employer. A sending party shall provide to, and maintain for, each of its employees who provide mutual aid assistance under the agreement the same indemnification, defense, right to immunity, employee benefits, death benefits, workers' compensation or similar protection and insurance coverage that would be provided to those employees if they were performing similar services in the sending party's jurisdiction. Each party to the agreement shall waive all claims and causes of action against each other party to the agreement that may arise out of their activities while rendering or receiving mutual aid under the agreement. Each requesting party shall defend, indemnify and hold harmless each sending party from all claims by third parties for property damage and personal injury which may arise out of the activities of the sending party or its employees, including travel, while providing mutual aid assistance under the agreement. This section shall not affect, supersede or invalidate any other statutory or contractual mutual aid or assistance agreements. A party may enter into supplementary mutual aid agreements with other parties or jurisdictions. Chapter 40, Section 4K: Statewide Public Works Municipal Mutual Aid Creates a statewide public works municipal mutual aid agreement. Assistance provided under the agreement includes, but is not limited to, services related to public works, personnel, equipment, supplies and facilities to prepare for, prevent, mitigate, respond to and recover from public works incidents. Participation in the agreement is also available to governmental units in states contiguous to the Commonwealth. Creates a statewide public works municipal mutual aid advisory committee to be chaired by the secretary of public safety and security or his designee. Opt-in mutual aid agreement - If a city/town/governmental unit wishes to join the. Agreement they must notify the mutual aid advisory committee in writing. The city/town/govennnental unit shall become a party to the agreement 30 days after the advisory committee's receipt of the written notification. A city/town/governmental unit that has joined the agreement may opt out of the agreement by notifying the advisory committee in writing of its intention to opt out. A city/town/governmental unit's removal from the agreement takes effect 10 days after the advisory committee's receipt of the written notification. Se,2 I 69 A request by a party to receive mutual aid under this agreement shall be made, either orally or in writing, by the chief executive officer of the requesting party or one of its designated points of contact to the chief executive officer or a designated point of contact of the sending party. All oral requests shall be reduced to writing by the requesting party and delivered to the sending party at the earliest possible date, but not later, than 72 hours after making the oral request. A party that receives a request for mutual aid assistance shall provide and make available, to the extent reasonable and practicable under the circumstances, the resources requested by the requesting party; provided, however, that a sending party may withhold requested resources to the extent necessary to provide reasonable protection and coverage for its own jurisdiction. The requesting party shall be responsible for the overall operation, assignment and deployment of resources and personnel provided by the sending party. Unless otherwise agreed to, the sending party shall retain direct supervision, command and control of personnel, equipment and resources provided by the sending party. Unless the requesting and sending parties agree otherwise, the sending party shall be responsible for the operation of its equipment and for any damage thereto. Unless the requesting and sending parties agree otherwise, the sending party shall pay all expenses, including salary and overtime, incurred by the sending party. A sending party shall document its costs of providing mutual aid assistance under the agreement. Except as otherwise agreed to by the parties, the requesting party shall seek reimbursement under any applicable federal and state disaster assistance programs for the cost of responding to the public works incident. The requesting party and each sending party shall receive, based on the documented costs of providing mutual aid assistance, its pro rata. share of the disaster assistance reimbursement provided to the requesting party. While providing mutual aid assistance under the agreement, employees of the sending party shall be afforded the same.powers and duties, rights and privileges as they are afforded in the sending party's geographical jurisdiction or location. While providing mutual aid assistance under the agreement, employees of the sending party shall be considered similarly licensed, certified or permitted in the requesting party's jurisdiction if the employee holds a valid license, certificate or pennit issued by the employee's governmental unit. While in transit to, returning from and providing mutual aid assistance under the agreement, employees of a sending party shall have the same rights of defense, immunity and indemnification that they would otherwise have under the law if they were acting within the scope of their employment under the direction of their employer. A sending party shall provide to, and maintain for, each of its employees who provide mutual aid assistance under the agreement the same indemnification, defense, right to immunity, employee benefits, death benefits, workers' compensation or similar protection and insurance coverage that would be provided to those employees if they were performing similar services in the sending party's jurisdiction. .4!~, 70 Each party to the agreement shall waive all claims and causes of action against each other party to the agreement that may arise out of their activities while rendering or receiving mutual aid under the agreement. Each requesting party shall defend, indemnify and hold harmless each sending party from all claims by third. parties for property damage and personal injury which may arise out of the activities of the sending party or its employees, including travel, while providing mutual aid assistance under the agreement. All equipment requested and deployed pursuant to this agreement shall be insured by the sending party. This section shall not affect, supersede or invalidate any other statutory or contractual mutual aid or assistance agreements. A party may enter into supplementary mutual aid agreements with other parties or jurisdictions. Chapter 48, Section 59A: Fire Mutual Aid Law M.G.L. Chapter 48, Section 59A authorizes cities and towns to voluntarily participate in rendering mutual aid fire response to another city, town, fire district or area under federal jurisdiction in the Commonwealth or an adjoining state. Cities, towns, and fire districts may authorize such mutual aid by passing an ordinance or by-law or by vote of the aldermen, selectmen, or prudential committee or other boards exercising such powers. Each city, town, or district wishing to participate in fire department mutual aid, must, at a minimum, vote to accept the provisions of Chapter 48, Section 59A. The jurisdiction may also authorize its department to enter into mutual aid agreements with any other city, town, or district or in adjoining states, or impose conditions or restrictions on rendering mutual aid. There should be a policy authorizing the fire department to participate in the statewide mutual aid plan, regional plans, or other plans, as approved by the city, town, or district. Mutual aid covers the extinguishment of fire or rendering of any emergency aid or detail as ordered by the Head of the Fire Department. However, the ordinance, by-law or vote may place conditions or restrictions on the rendering of such aid. Members of fire departments, while performing their duty in extending mutual aid, shall have the immunities and privileges as if performing those duties within their respective cities, towns or districts. (This includes immunity under the provisions of the Massachusetts Tort Claim Act, M.G.L. Chapter 258 as well as the Good Samaritan provisions for EMT's rendering treatment pursuant to Chapter 111 C, section 21.) In the absence of any agreement to the contrary, the municipality rendering aid is responsible for: damage to its own equipment; personal injury sustained or caused by a member of its fire department, and any payment it is required to make to a member of its fire department or their widows or dependants due to injury or death. 71 ATTACHMENT B MUTUAL AID "OPT-IN" INSTRUCTIONS The statutory requirements for jurisdictions to opt-in to the mutual aid agreement(s) are set forth below. MGL c. 40, 4J: Public Safety Mutual Aid Agreement If a city or town wishes to join the Public Safety agreement, the mayor in the case of a city, the city manager in the case of a Plan D or Plan E city, or the town manager, town administrator or chairman of the board of selectmen with the approval by a majority of the board of selectmen, may act on behalf of the city or town to join the agreement by notifying the director of MEMA in writing. If a governmental unit that is not a city or town wishes to join the agreement, the:ehief executive officer of the governmental unit may act on its behalf to join the agreement by notifying the director of MEMA in writing. MGL c. 48, § 59A - Statewide Fire Mutual Aid Agreement Cities, towns and fire districts may, by ordinance or by-law, or by vote of the board of aldermen, selectmen or of the prudential committee or board exercising similar powers, authorize their respective fire departments to go to aid another city, town, fire district or area under federal jurisdiction. Any such ordinance, by-law or vote may authorize the head of the fire department to extend such aid, subject to such conditions and restrictions as may be prescribed therein. Once a jurisdiction has properly authorized joining one or both of the above listed mutual aid agreements, please complete each applicable section of the attached form (See Attachment Q. Upon completion, please return the form to: Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Attn: Allen Phillips 5~e__Lq 72 ATTACHMENT C MUTUAL AID "OPT-IN" FORM CITY/TOWN/ DISTRICT OF I hereby certify by my signature(s) below that the city/town/district or other governmental unit has authorized, in accordance with each of the applicable statutes, its participation in each of the mutual aid agreements indicated below (each individual section below must be completed for each agreement authorized). MGL c. 40, §4J.- Statewide Public Safety Mutual Aid Agreement Date of Vote/Execution: Name and Title of Certifying Official: Signature of Certifying Official: Telephone Email Address: MGL c. 48, §59A - Statewide Fire Mutual Aid Agreement Date of Vote/Execution: Name and Title of Certifying Official: Signature of Certifying Official: Telephone Email Address: Once each applicable section of this form is completed please return the form to: Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Attn: Allen Phillips 73 Town of beading 16 Lowell Street Reading, MA 01867-2683 Fax: (781) 942-5441 PUBLIC WORKS Website: www.readingma.gov (781) 942-9077 TO: Peter Hechenbiei1mer, Town Manager FROM: Jeffrey Zager, Director of Public Works RE: Status update- DPW Management Study DATE: February 15, 2011 The purpose of this memorandum is to provide an update report on some of the. major components and recommendations made in the 2008 DPW Management Study. A.) Review of current and/ or potential future DPW vehicle and equipment maintenance functions. (See attached separate report dated 2/10/2011). B.) Evaluate current engineering staffing functions while comparing in house levels to potential outside private consultants regarding past and potential future town projects and program . (See attached report dated 1/11/11). C.) Training/ Succession planning. Each employee in the department has been set up with an initial database for what will become the basis for an individual development plan-(IDP). The plan contains all pertinent and up to date information on the employee, including work, history, current licenses', etc. The goal is to continue to update and track the employee as he or she continues to, via training,, develop the necessary skills for future potential advancement within the department. I have initiated, and strongly promoted what I feel is a very aggressive, ongoing training program through such professional organizations as MIIA, DEP, AWWA, etc. in specific areas such as: leadership (management) development, on duty injury prevention, equipment operational safety, chain saw safety, drinking water license upgrades and certifications ( D2,D3,D4), etc. Future programs will also include: recreational facility safety inspections, mechanic workshops, snow plowing safety techniques, etc. The plan is to continue to promote/provide as much outside training as funding allows, as well as continue the ongoing in house training/mentoring that occurs on a daily basis. Through the help of human resources, this tracking system, which may or may. not be incorporated via a specific MUNIS module, will be a very simple, user friendly system. 74 The ultimate goal here is to have this information- incorporated into a type of in house succession planning program. D.) Performance Measurement/ Management. I have completed initial research on this subject, including review of material from ICMA (Performance Management Group- annual fee$5,500.), as well as with the Town of Lexington, and City of Newton. The Lexington Public Works Director expressed some potential interest in comparing common functions to see how each town provides a specific service, and the degree of customer satisfaction attained. However, in meeting with Nancy Forrester (City of Newton Director of Performance Management- 'first municipal position of the title that I am aware of), suggests that the first step in this process would be to begin to track and analyze what we are doing, and how we are doing it, prior to comparing ourselves to specific benchmark goals as well as to other communities. By potentially utilizing some software programs currently available such as Line311, Web Q-A, Hanson 7.7, etc. calls could be logged in, forwarded to appropriate divisions, tracked., and the loop closed with the final disposition of the issue. I will continue to investigate this area as it applies to both public works, as well as, other potential town wide applications. E.) Project Planning/ Tracking. Software.. I have initiated an in-house system utilizing Microsoft Project") software program to initiate, track, update, and finally close out specific town projects- Belmont Street water main replacement was the first project. Realistically, this program is more geared to larger, longer term, multiple sub contractor type projects. I intend to implement a more simplified approach, whereby the engineering division would provide weekly project status updates on the town website for all interested residents and town officials to review. As specific projects are initiated, it would be my intent to work with engineering over the next few weeks to develop our plan to implement this more streamlined simplified system. F) Miscellaneous. Additional issues for potential discussion from the study include: 1.)Director's involvement. /communications with employees. Formal, weekly. meetings are held with all supervisors, as are periodic formal all staff meetings. 75 SFz I have also made a point, to be out in the field (a minimum of once a day), to visit with and observe various crews, as well as ask for their input/feedback on the specific job being done. My goal here is the development of a genuine sense of inclusion and ownership within the department. Also, via a formal written directors survey, given to all employees, an opportunity was given to comment on, as well as evaluate, my performance to date. Although I received no formal responses to date, I did receive a number of informal suggestions- some expressing their pleasant surprise that they were even given the opportunity to make . comments on my performance. It would be my plan going forward to continue to-do this on a periodic basis. 2.) Utilizing DPW Supervisors experience in training/mentoring of employees. Although somewhat related to item C above (Training /Succession Planning), it continues to be an ongoing focus that in the near future there will be a complete change in supervisory leadership within the department, either through retirements or potential reorganization. All supervisors continue to be extremely aggressive in providing opportunities via both in house as well as outside professional organizations, to cross train as many employees as possible, while focusing on the goal of developing the departments next leadership team. 3.) DPW site improvements, including; esthetics, security, parking, traffic flow, storm water, potential facility improvements. Section A does touch on some of these issues relative to the current facility- some of which are short term, others long term. As the site master plan . is developed, with its number of components, specific improvements will be made. Currently, the FYI 2 budget capital plan does include funding for a security system for the site, which I would prioritize as the first, and most important in upgrading the facility. It is my intention that a number of other site improvements will be completed by the end of the year. 76 5 F' OF I? Town of ReIading 16 Lowell Street r ry Reading, MA 01867-2683 639 INCORYI Fax: (781) 942-5441 Website: www.readingyma.gov MEMORANDUM TO: Peter Hechenbleikner, Town Manager FROM: Jeff Zager, Director of Public Works DATE: February 10, 2011 RE: Central Fleet Maintenance Outsourcing Analysis PUBLIC WORKS (781) 942-9077 The Department of Public Works Operational, Organizational, and Management. Review prepared and submitted by Municipal Resources, Inc in April 2008 recommended: • The DPW Division contract out specific major repairs (major engine, transmission, and hydraulic work) thereby reducing pressure on the mechanics • That consideration be given to building a pole barn to hang sanders off-the ground for easy backup-slide in • The town initiate an effort to revisit the FY05 $500K fleet maintenance facility expansion and develop an upgrade/replacement plan for implementation in the immediate future. • A strong commitment be made from upper management to address issues of equipment, facility inadequacies, and staff training and compensation and overall safety. • Consideration be given to developing a more aggressive program of replacement of fleet vehicles on a regular cycle. The following analysis will focus on three key options: (1) Managing our current equipment maintenance division in-house (2) Regionalization of our equipment maintenance process (3) Outsourcing aspects of it to local vendors As we move forward with this analysis, there are a few general points that I hope will be useful in the discussion: • The Town provides a wide variety of maintenance services demanding a wide variety of vehicles and equipment. • One of the main reasons we have been able to minimize reductions in service, with both reductions in staff, and additions in workload, is the efficiencies gained with advances and upgrades in equipment. 77 jFN • An important point to recognize is that it is expensive to maintain and repair some of these vehicles and equipment. Parts for large/specialized vehicles can be both complicated and expensive to maintain and repair. • In addition, it should be noted that the current facility was initially designed/constructed for public works vehicles and equipment maintenance only. Thus when police, fire, school, and council on aging servicing responsibilities were added, with no additional facility upgrades or staffing enhancements, considerable additional strain was placed upon the operation. It is also important to note that the Central Fleet Maintenance staff provides many services to all Town departments that are broader than just vehicle/equipment maintenance and repair. More specifically, some additional functions that have been added over the years include, but are not limited to the following: • Welding and other metal fabrication work (for all departments) • Sand blasting work • Minor plow and sander repairs • Sewer pump station repairs • Minor vehicle body work • Tool making for all departments • Emergency water/sewer pump out services. MANAGING OUR CURRENT EQUIPMENT MAINTENANCE DIVISION IN-HOUSE A key component for retaining our current vehicle/repair maintenance division in-house is the capability to perform all, or some of the above tasks. Outsourcing would result in additional expenses, or an inability to perform some of the services. Direct costs associated with outsourcing would include the repairs themselves and the expense associated with both personnel and transportation to drop off the outsourced repair. In addition, there could be indirect costs associated with outsourcing repairs, such as lost opportunity for skill development within the department. Public safety can play a major part in the decision of an in-house vehicle repair division. More specifically, the immediate need at all times to utilize equipment for public safety emergencies. During snow, ice, windstorms, hurricanes, flooding, and power outages, town departments are expected to provide critical services dealing with public safety concerns, regardless of the conditions. It is critical that we maintain the capability to react quickly both during and after these significant events. Maintaining our equipment in-house provides us the reliability, availability, and speed required to react in these critical situations. Through in-house efficiencies and an on-going vehicle replacement program, a considerable reduction in vehicle/equipment repair costs from FY09 to FY10 (approx. $40,000), indicates some progress in cost containment. The struggle continues between balancing the cost of repairs, labor, and replacement for each vehicle/equipment that the department maintains. 78 A recent development to consider is a present vacancy in the Equipment Maintenance Division (Mechanic I). I would recommend delaying the filling of this position. This would allow the opportunity to look at the potential of upgrading the supervisory staffing (i.e. fleet supervisor/manager), bringing in an enhanced level of expertise to the maintenance division operation, while providing long term leadership, training, and expertise. I look forward to discussing this concept in.more detail over the next few months. REGIONALIZATION OF OUR EQUIPMENT MAINTENANCE PROCESS Another consideration that has been discussed is a regional facility for municipal maintenance. Unfortunately, that quickly gets to the question of who operates the facility, where, and who determines repair priority when everyone needs the snow equipment, street sweeper, or other equipment at the same time. There are various groups currently looking at this issue including the Mass Municipal Assoc., as well as a 'recent state regionalization study committee which has issued a report encouraging communities to look into areas of group purchasing, equipment sharing, and facility use coordination. My investigations to date, which included visits to the following Town maintenance facilities (Wilmington; Wakefield, Danvers, Bedford, Belmont, Stoneham, Methuen, North Reading, Gloucester, Melrose), have shown no interest in this pursuit at the current time. In fact, some have recently completed major construction/renovations of their existing facility, all of which have higher operational and staffing levels compared to Reading: (average: 1 fleet Supervisor/ Manager, 4/5 mechanics, 4/5 operational vehicle repair bays). In addition, I would recommend having a public works facility site assessment done through an outside vendor. There are a number of engineering firms that provide this service for relatively short money. Each will provide a calculated blueprint for the site based on standard, accepted industry benchmarks dealing with vehicle/equipment maintenance and general operational requirements. In the interim, I have set up a DPW site review committee to begin the process of addressing site enhancement issues such as general organization/aesthetics, drainage/storm water, security, parking, materials storage, as well as longer term vehicle/equipment maintenance facility improvement on site options. OUTSOURCING TO LOCAL VENDORS: Currently, the Town does on occasion outsource vehicles to receive routine maintenance (i.e. oil changes), when repairs are backed up in house, as well as for other repair services that can not be provided in house (i.e. front end alignments). In keeping with the DPW Management Study recommendation, I investigated the possibility of expanding this resource and creating a more 79 formal agreement with nearby service stations. .I received a proposal from "Jiffy Lube" to provide these services. At Jiffy Lube we would be limited to vehicles under 12,000 GVW (currently 50 vehicles out of the fleet of 71). In addition, we would be strictly limited to oil changes by mechanics with less than formal training. I have attached a specific list of costs, issues, and concerns to consider when contemplating the in house versus a Jiffy Lube service operation. (see Appendix) In proposing a more structured/formal arrangement with some of the local service stations, none were interested at this time. Ford Crown Victoria (Police Car) Town Cost Jiffy Lube Cost Difference Oil Filter $3.62 Oil 5W-20 6.5 qts @ $2.65 $17.23 Labor $6.27 DPW Transportation $36.68 Fuel Costs $1.50 DPW Administration $3.00 Jiffy Lube Signature Oil Change w/12% disc $31.67 Total $27.12 $72.85 $45.73 F-Series Pick Up (7.3 L Diesel) Town Cost Jiffy Lube Cost Difference Oil Filter $9.64 Oil 5W-40 16 qts @ $2.48 $39.68 Labor $6.27 DPW Transportation $36.68 Fuel Costs $1.50 DPW Adininstration $3.00 Jiffy Lube Signature Oil Change (based on 16 qt) $61.67 Total $55.59 $102:85 $47.26 CONCLUSIONS In moving forward, I would recommend the operational productivity and efficiencies: • Installation of a twin-post lift in bay (area originally set up for a wash bay, been relocated). following short term initiatives to increase current for all routine/smaller vehicle maintenance work but converted to a welding station which has now • Establish a written'staff policy for daily and weekly clean-up requirements • Establish an inventory control policy for tools and spare parts. • Outsource Fire Department vehicle specialty repairs while keeping emergency/quick fix services. Issues, such as the lack of specialized diagnostic equipment and training, vehicles tying up lifts for days while researching parts/other information, and vehicles that can not be left outside, all lead me to this conclusion. • Keep shop doors clear and open at all times. • Level the shop floors and install a perimeter drain to provide a safer working environment. s~-i 80 • Update diagnostic equipment for newer vehicles and equipment. • Install automatic garage doors. • Relocate vehicle washing area to maximize efficiency. • Eliminate/reduce foot traffic in garage to reduce daily interruptions from scheduled work. • Continue to outsource minor repairs/services, such as front end alignments, etc. (current estimate 2-3 times per month). • Incorporate professional fleet supervisor/manager position into the division (pending FY 12 budget deliberations). • Develop DPW site improvement plan, with June 2011 target implemeritation/completion. • Initiate formal space needs assessments, incorporating any facility improvements or upgrades (including maintenance operations) into an overall town-wide building improvements program. APPENDIX DPW AND JIFFY LUBE COMPARISON Jiffy Lube provides very limited, basic oil change maintenance service. Jiffy Lube personnel/mechanics tend to be extremely young and inexperienced. SFg 81 Jiffy Lube would not be involved in checking other maintenance systems such as suspensions, steering, brakes. These do not fall under their "services". Potential cross contamination of specialized fluids could lead to costly transmission and engine repairs down the road. Fuel cost to deliver vehicles to Jiffy Lube would be approx. $1.50 per vehicle. It would require 2 mechanics to drop off & pick up vehicles (approx. labor cost $36.00 per service), resulting in*2 less people available for other work. Additional paper work/tracking cost would be approx. $3.00 per service. Sending out for oil changes could possibly compromise some aspects of our maintenance tracking processes currently being used for all maintenance functions. Even after oil change is done, it would be critical that each vehicle be brought back to mechanics to check brakes, suspension, steering; and other safety concerns. (Actual oil change, in house, normally only takes 15 minutes to perform). SUMMARY: When a vehicle comes into the DPW maintenance facility for service; many other tasks are performed. They include: oil change, air filter, front and rear brake check, suspension and steering check, . all lights (including police strobes), charging system, cranking system, exhaust system fires and tire pressure, rotate tires, fill all fluids, windshield wipers, etc, BOTTOM LINE: If in house mechanics are not providing basic, routine, preventive maintenance services, many other critical safety concerns could get overlooked. sH 82 Memo To: Peter I. Hechenbleikner, Town Manager Jeffery T. Zager, Director Public Works From: George J. Zambouras, Town Engineer Date: February 23, 2011 Re: Division Staff Levels and Consultant Cost Comparison Report This report evaluates the needs of the engineering staff levels which are necessary to accomplish the division's daily operations, project work load and provides a comparison of in-house costs vs. consultant costs as recommended in the 2008 Department of Public Works Operational, Organizational and Management Review. In review of the divisions staffing needs the following information is provided: > Current Division Staffing Levels > Examination of current and projected work loads > Comparison of in-house vs. contractual consulting costs EnIzineering Division The Engineering Division provides engineering services to all Departments within the Town of Reading. The Division's major responsibilities include: preparation of plans, specifications, cost estimates, initial site surveys and survey layout, contract administration and supervision of Town capitol construction projects; review of subdivision plans and site plans for accuracy and conformance with the subdivision rules and regulations; review of conservation submittals, preparation of subdivision and conservation bond estimates, and the inspection of subdivision construction; administers the pavement management program and Chapter 90 roadway 'improvement program. The Division. also provides technical assistance, guidance and construction layout for DPW performed construction projects; performs traffic studies; regulates and inspects private construction activities within Town roadways; is responsible for maintaining and updating roadway, water, sewer and drainage infrastructure records; updating of town maps and land subdivisions; issues water, sewer, street opening and Jackie's trench law permits.. 83'~ Current Staff Levels Presently the Engineering Division is comprised of seven full time employees consisting of the Town Engineer, four (4) Civil Engineers, and afield crew of a Chief Field Technician and Field Technician: All of the office staff have Bachelor of Science Degrees in Engineering, two (2) are Registered Professional Engineers, two (2) have successfully passed the Engineer in Training Exam (EIT) and one (1) is planning to take the EIT exam. The field crew does not hold degrees but have completed courses in basic engineering, construction management and layout principles and have over 50 years of experience in survey and construction related activities. In previous years the division's staff did include an Engineering Aide, however this part time position was eliminated in FY 2010 due to reduction in funding levels. Provided below is a brief description of each of the staffs responsibilities. Common position title responsibilities are differentiated utilizing a suffix. Town Engineer Responsible for the daily planning, operation, control and administration of the division; provides engineering support to the Town Manager, Selectman and other Town Departments as needed; serves as engineering consultant to CPDC and Conservation Commission; assists Public Works Director in developing department capitol improvement plan; responsible for management of the 1/1 program, MWRA quarterly reporting, pavement management program, conversion and maintenance of utility records and data to the utility GIS database, MS4 annual compliance; assist staff in design and contract specifications;'directs and manages consultants servicing Town; serves as Towns representative to MAPC, EPA's Mystic River Municipal Subcommittee and member of PTTTF. Civil Engineer -1 Principal, duties include customer service; managed daily duties of engineering aide; oversight of conversion of record plans to electronic format; assists in review of subdivision, ANR and site development plans; inspects construction of subdivisions, site developments and establishes construction bond amounts; develops contract specifications; provides annual contract administration, bidding and inspection of roadway maintenance and rehabilitation, sidewalk, curb projects and traffic markings; manages accounting.and reirnbursement of State Aid Chapter 90 funds; assists in inspecting, deficiencies in traffic signals; performs traffic studies Civil Engineer -2 Historically responsible to manage the water and sewer projects, during recent years the level of responsibilities has expanded to include a wider range of projects outside water and sewer. Principal duties include design, preparation of contract documents, project estimates, contract administration and project management for sewer, water and specialized capitol project; manages the Sewer 1/1 removal program, sewer rehabilitation program, the House to House Inspection Sump Pump Elimination prograrn, Illicit Discharge program, and assists in preparing MWRA yearly and quarterly reports; assisted in the development and management of the water and sewer GIS mapping program; manages storm water management fee and rebates; assists in the management of the MS4 permit compliance, outfall mapping and inspection; inspects construction of subdivisions, assigns house/lot numbers, update assessors maps and inspection of the application of traffic markings. 84 sf~n Civil Engineer -3 Principal duties include: Design and plan preparation for roadway resurfacing, sidewalk, curb and recreation projects; provides project estimates, contract administration, and project management on assigned projects; developed and maintains Division's website; issue and rnonitors street opening permits and dig safe requests; witnesses sub-surface soil testing performed by private engineering firms for site development; performs traffic studies and analysis of intersection safety; develops and prepares visual aides for other town departments; assist in oversight of the downtown improvement project, public hearings for utility installations and relocations and inspection of the application of traffic markings. Civil Engineer -4 Duties include managing the water/sewer service maintenance and updating utility connection records; assist assessors in lien certificate research; design and plan preparation for roadway drainage projects; manages MS4 outfall mapping and storm water public education\outreach programs; performs construction inspections on subdivisions and other assigned projects; preparation of recreation and park improvement plans; assisting in securing temporary construction easements; obtains record photos of division projects; develops and prepares visual aides for other town departments; Additional duties common for all office employees; Assist residents, surveyors, and consulting engineers, with general service requests, plan research, answering telephones; provide support to other Town departments; issuance of sewer connection permits, street opening permits, driveway opening permits, drain connection permits, sidewalk/curb permits and private property trench permits (Jackie's Law), and any required inspections associated with utilities, subdivisions or site improvements. Field Crew As most work performed by the field crew is performed jointly only one description is provided. The crew does perform services separately to perform dig safe mark outs and utility inspections as necessary based on demand. Chief Field Technician Field Technician Principal duties include performing initial field survey, establishing vertical/ horizontal control and construction layout for division construction projects; provide construction control and layout for all DPW division projects as requested; research records and perform field mark out of Town owned utilities for all Dig Safe requests; perform inspections of sewer, water, drainage installations, repairs, and connections by private contractors; inspect roadway restoration of street opening permits, establish street lines, property lines and easement lines; verify tree ownership; maintain Town wide vertical datum; verify subdivision grades; perform survey for as-builts of Town utility and capital projects; locate and inspect storm water outfalls and systems for MS4 compliance; perform research at registry of deeds as needed. 85 ~ Engineering Aide (Funding Cut FY 2010)' Part time co-operative high school student have been utilized for several years within he division. Principal duties included: answering phones; photocopying general documents; copying and binding contract plans and specifications; scanning of record drawings; drafting of plan; assist in field investigations; and assist in surveys. Division Work Load To determine the amount of staff hours spent on daily operations and those that are available for projects, the division's time sheets for prior years were evaluated. (A summary of these time sheets are included in Appendix A.) Based on current staff levels the total staff hours available in a year for daily operations of the division and projects are 14,430 hrs. The total staff hours were grouped into the following 6 categories identified below: r General Services & Meetings - response to resident requests, daily counter service, phone calls and attendance at meetings Planned Absences - Holidays, vacations and sick Inter Departmental Assistance -Assistance provided to all divisions of DPW and other Town Departments Planning\Inspections\Bonds - Assistance, plan reviews, inspections provided to CPDC and Conservation Commission projects Utilities - Dig safe mark outs, utility inspections and regulation of outside private contractual work - Projects -Survey, design and construction management of annual. projects and site specific projects The'table below provides a summary the total hours, in percent, for each of the general categories identified. Category Percent of Total Hours General Services & Meetings 16% Planned Absences (Holidays, Vacations, Sick) 15% Inter Departmental Assistance 24% Planning\Inspections\Bonds 5% Utilities 10% Projects 30% While the above summary indicates 30% of the total available staff hours are spent on projects the actual percent should be considered to be in the rage of 30% to 40%. This is a result of the grouping of categories by the administrative staff in preparation of the monthly time sheet summaries. To reduce this error in reporting to the greatest extent possible the staff hours utilized in the comparison of staff and contractual hours presented below were obtained from daily time sheets which have more detailed entries. 86 sF~3 Proiect Comparison During the past 4 years the division has successfully designed and managed approximately 40 projects (refer to Appendix B). The projects consisted of studies, annual infrastructure improvement projects and capital improvement projects of varying size and complexity. Also identified are approximately 40 projects (refer to Appendix C) consisting of annual infrastructure projects and capital projects that are planned to be funded in the capital improvement program over the next 3 to 5 years. The projects indentified within this list also vary in size and complexity. Rather than estimating staff hours and consulting costs for each project a sample of projects were analyzed to establish the in-house vs. consulting cost comparison. The projects chosen for this comparison were selected based on size, degree of complexity and those where actual consulting cost estimates have been obtained. For each of the projects selected for comparison, the staff hours for design and construction management are provided for being completed in-house or by consultants. In establishing the comparison report the following criteria are utilized: Staff hours for completed projects are based on actual departmental hours Staff hours for pending and future projects are based on estimated values Y Engineering division's hourly rates are based on FY 2011 rates with an overhead of 35% ➢ Consultant rates are based on the average of 2008 -2009 contractual rates from existing Town contracts ➢ Employee and Consultant staff hour rates are averaged for common tasks performed by multiple disciplines (i.e. average of Town Engineer and Civil Engineer; Design Engineer and Technician) The complete listing of the project comparison is provided in Appendix D. In summary of the 6 projects selected for comparison: y The use of in-house staff for project design and construction management enabled the Town to avoid consulting costs of $305,000 in only 6 projects In addition to the above project comparison, the requirements mandated by the new MS4 permit which is scheduled to be authorized by EPA early to mid 2011 was analyzed. The revised permit dictates programs to municipalities and establishes strict timetables for their implementation during the five year permit. The financial impact of the required new prograrns have been projected by numerous consultants and communities to reach between several hundred thousand to over one million dollars pending community size. The financial impact to Reading over the 5 year permit could easily reach or exceed $500,000 if all work is performed by consultants. Most of the necessary expenses are heavily loaded in the early years of the permit. It is the Divisions goal to use in-house staff to develop and implement the majority of the MS4 permit requirements and programs to the greatest extent possible. Given the demands of the capital projects that are presently planned Town wide, the use of in-house staff will be necessary to reduce potential increases in the $40\year base storm water fee. 87 One of the major areas where the Division can control potential consultant expenditures is in the mapping of our storm water system, outfall identification and screening. The Town's storm water records are severely deficient with only approximately 40% of the system reliably mapped. Mapping the remainder of the syste►n will require extensive field survey and inspections of unmapped areas. The completion of the majority of this,task in house will easily reduce potential consultant expenditures by $150,000 to $225,000. A complete breakdown of the MS4 permit requirements is provided in Appendix E. The analysis identifies estimated consulting costs for major phases of the 5 year permit, estimated hours of phases to be performed in-house and the resulting consulting cost avoidance. In summary based on the review of the draft MS4 permit requirements, the use of in-house staff to implement the phases of the MS4 permit identified in Appendix E will result in the avoidance of consulting costs of: r~ $280,500 to implement programs mandated by the MS4 Permit $59,000 annually for NPDES MS4 Permit reporting, program monitoring and outfall sampling Conclusion In summary: The level of support required to implement planned projects and the MS4 permit justifies the present staff levels for the next 5 years. The use of in-house staff for the design and implementation of projects reduces dependency of more costly consultant fees. ➢ Use of in-house staff to implement phases of the MS4 results in consulting costs avoidance of $280,500 over the five year permit period r Use of in-house staff to perform annual MS4 reporting, program monitoring and sampling results in consulting costs avoidance of $59,000 annually over the five year permit period. Sr iS 88 Project Staff Hours FY'10 FY'09 FY'08 General Service Resident requests at counter/phone 1,624 2,312 2044 Meetings 384 384 467 Maintenance Projects Roadway 496 511 238 Drainage 721 520 88 Survey 8 4 43 Utilities Dig Safe 990 801 904 Sewer Inspections 169 197 174 Water Projects 20 113 15 Forestry 112 20 50 Highway 306 254 216 Cemetery 226 63 28 Departmental Assistance DPW Assistance 2,152 2,481 2,027 Sewer Division Assistance 443 384 477 Water Division Assistance 373 433 311 Assistance to other Town Dept. 349 617 681 Snow & Ice 8 13 1 Community Planning Plan Review 410 225 301 Inspections/Bonds 450 401 366. Capital Projects Roadway Program 771 1,044 1,084 Sidewalks/Curbs 167 652 574 Sewer Projects (Glenn Road, 1/1) 500 350 97 Other* 1,027 887 1,073. *(Downtown Improvements, West Stre et and NPDES outfalls) Parks * * 1,001 723 1,220 Memorial Park, Parker Field, Bancroft Tennis, Birch Meadow, Washington Park) Overtime Line Painting 81 85 21 Utility Public Hearings 37 44 39 Snow/Ice 41 20 - Planned Absences Vacation/Holiday/Illness 2,359 2,199 2,070 90 -5 t I Recently Completed Projects: • Alleyway - Improvements - Project Completed Ash Street - Roadway/sidewalk reconstruction - Project Completed o Bancroft Tennis Courts - Project Completed • Benjamin Drain Easements - Project Completed • Benjamin Lane - Street Acceptance completed, final taking remains • Birch Meadow ANR - Completed initial ownership and plan research • Birch Meadow Field Master Plan - Concept Design Phase Completed • California Road Sewer Improvements -Construction Completed • Causeway Road Betterments - Planning Completed, design and construction remains • Cemetery Garage Feasibility Report - Report Completed • Charles Lawn Cemetery - Completed design of new lot layout • Colburn Road Drainage- Design Completed, Initial construction phases completed • Common Flag Pole Replacement - Project Completed • Development of revised pavement contract specifications - Completed • Downtown Main Street Improvements - Project completed • Glenn Road sewer replacement - Project Completed, roadway improvement remain • Gould Street - Roadway/sidewalk reconstruction - Project Completed • Haverhill Street Water Main Replacement - Topology survey completed design in progress • Haven Street and High'Street location survey - Initial base line survey completed • Imagination Station Riverfront Restoration - Project Completed • Joshua Eaton Master Plan Park Improvements - Completed conceptual improvement plan, design of infield relocation and grading improvements • Juniper Circle Drainage - Project Completed • Juniper Circle Roadway Improvements - Design roadway improvements • Killam Playground Improvements -Completed • Killam School Pavement Improvements - Initial phase completed • Kylie Drive - Street Acceptance completed, final taking remains • Library- Site Topology and plan for expansion project. • MAPC Bike Rack Program - Established locations and secured funding (Phase 2 & 3); provided construction management for bike rack installation (Phase 2) • Memorial Field Improvements- Contractual Work Completed • MWRA - Preparation of quarterly and annual reports for 1\I Program and Annual Discharge Permit • Orange Street Drain - Design drainage improvement -Completed • Parker Synthetic Field - Project Completed • RMLD parking lot improvements - Project Completed • RR Quit Zone - Current Improvements Completed • Safe Routes to Schools Improvements - 75% Designed (by others), easements in progress • Sewer 1/1 Study - Management & inspection of smoke testing investigations • Sidewalk Improvements - Washington St. at Prescott St. HP ramps, Washington Street sidewalk and curb, Woburn St. at Bancroft HP ramps, High Street at Depot island expansion - Project Completed • SSO's - Prepared and submitted sewer system overflow report to DEP 6'riq 92 • Temple Street roadway, sidewalk and curb improvements - Project Completed • Walkers Brook As-Built- Completed, conservation compliance approval pending • Washington Park Improvements - Design and initial construction completed • Water Treatment Plant Site Improvements - Completed playground concept design • West Roadway Improvements- 75% Designed by consultant, easements in progress • Whittier Sewer Study- Initial Study Completed • Wilson Street Housing Basin Improvements - Completed, conservation compliance approval pending • Wood End Cemetery - Site Survey, design and layout of new lots Zo 93 Active and Planned Proiects Projects to be completed with combined effort of Consultant and Staff • Aberjona River Study - RPF • Saugus River Study - RFP • Storm water Mapping and MS4 Compliance - RFP\Staff • Sewer Station & Water Booster SCADA - RFP\Staff • Sewer Station Rehab - RPF\Staff Projects to be completed by Staff o Annual Roadway Improvement Program - Provide construction layout, grades, estimates and management of annual program • Annual Sidewalk Improvements - Design and provide construction layout, grades and management of annual program • Annual Loam and Seed Contract - Management of yearly contractual work • As-Built Plans - Main Street downtown improvements, Colburn Street drain improvements • Assessors Maps - Review for deficiencies and errors, in progress • Barrows Master Plan Park Improvements - Design of, master plan for improvements planned in FY 16&18 • Birch Meadow ANR - Completion of ownership plan • California Road Sewer Improvements - Manage projects pavement restoration • Castine Field - Design, develop conservation submission for swale restoration . • Causeway Road Acceptance Improvements - Design, prepare bid document, provide construction layout and management • Contract Bid Documents for yearly contractual work- Paving, Loam & Seed, MicroSeal, Crackseal, Miscellaneous Patch • Coolidge Master Plan Park Improvements - Design Improvements for construction planned for FY 17 • Dig Safe utility mark-outs - Annual program ongoing • DPW Complex - Provide full site and property survey, design property security fence and storm water improvements • DPW Security Fence - Design, bid documents and construction management of security improvements • . Haven\High Streetscape Improvements - Prepare project base plan • Haverhill Street water main replacement - Design, prepare bid documents, MWRA Loan Application and provide construction management Howard Street Drainage improvements - Site survey, design, bid documents, construction layout and project management • I\1 Sewer Flow Isolation Study - Current phase completed, review data, recommend, develop, design and manage additional 1\1 construction improvements • imagination Station Sidewalk\Parking Improvements - Construction Management • Joshua Eaton Park Improvements-Design Improvements for construction planned for FY 17 9.5 • MAPC Bike Rack Program - Provided construction management for bike rack installation (Phase 3); Establish locations and secured funding for future phases • MassDOT - Ch 90 requests and compliance reporting • Memorial Field Improvements - Design and construction management of remaining drainage improvements, lighting installation, special group site amenities, as-built and Conservation Compliance plan MWRA 1\I Program and Annual Discharge Permit- Compile data and prepare quarterly and annual reports • NPDES MS4 Permit - Outfall location, identification, inspection and mapping; drainage system mapping, public involverment.program, maintain storm water web site, MS4 permit compliance • NPDES MS4 Permit - Outfall testing, good housekeeping development, BMP development, storm water pollution prevention plan, public site assessments and develop programs as required by final permit • Outstanding Subdivision Street Acceptances - Review outstanding work, bonds, develop plans and documentation for acceptance • Project As-Builts and Conservation Compliance - Wood End Cemetery, WTP, Memorial .Field Improvements, Colburn Road Drainage, Sewer As-Builts, Main Street Improvements Sewer System - Update sewer As-Builts • Storm water Capitol Improvements - Survey, design, prepare bid documents and provide construction management • Street Opening Inspections - Annual program ongoing • Strugess Master Plan Park Improvements - Design Improvements for planned for FY 19 • Sump Pump Elimination program - Annual program ongoing • Symonds Way Park Improvements - Design Improvements for planned for FY 18 • Town Utility Inspections - Annual program ongoing • Traffic markings Town wide - Yearly contractual work • Washington Park Improvements Construction - Provide layout and construction management of remaining phases • Water main replacement - Survey, design, prepare bid documents and provide construction management (H Street, Causeway Road, Howard-County-Summer and South-West Gleason) West Street Roadway Improvement - Obtain right of entry easements WoodEnd Cemetery - Prepare existing conditions plan • Zoning Map - Review for deficiencies, errors and validate map 96 S'~-o 0 N C m Y O U ca O 1 H N w w ~ L O ~ Z a o U fn N O U as O O Z w 0w C C C_ 4= OI W U) V O O 0~. c a~ E co D 0 0 0 0 0 0 O m 6) to N h 00 rn Cf3 Cfl 0 0 0 0 O h hrn ~ M O m m 0 0 0 0 0 0. 0 0 0 0 0 0 CD OOLO d' rn O N N O 00 m CO ~ ~ w m v ° o ° ° ° o o O o co 00 ) m rn 0 rn r A t» c5 W m N a E 0 V O Ut) h w h C0 0 N m n - m U Q 0 0 0 0 0 0 0 0 0 0000,0000 0 o0o0W000 CD Iq 'I COO m N UC) N IN m ttf m M •~q L!) 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N ' ' r ~7±+ ~F !r .D h y h fYq .-Ti V C* ..7 V] W N w N r~ f7 'ii V l7 6S 3a3~P~.aad>Uw~r~r~v axUtn~la O O r+ cd ~ a a „ Y O "b till bD t. bD 0 0 P, Pr Pa y r0 O O O > I n n Q N E O .rnrnr~L a -d..ww a-o b ~ QQd v .5:: P+ U 'i7 'L7 'b Y Y Y Y " i d] b C> 'O "Cl 0 i : 00 oA ' P a v Co a' rn b P v' 3 0 0 0 p a m x co ca rYn o x ° 3 3 A° B W a o 3 o ~bbb o v -,J -C, ° u oU d o o O a0i w v ai a'i w a0i a°'i a`"i o o o 0 0 00 00 0 00 00 00 °o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ te ~ ti C j . . ✓ v ✓ ~ ~ r ~ ~ ~ ~ r " 129 ~j a Board of Selectmen Meeting January 25, 2011 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 7:03 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, Police Lt. Dick Robbins, Office Manager Paula Schena, and the following list of interested parties: Bill Brown, Matt Casey, Michele Williams, Sheila Clarke, Meghan Young, Russ Graham, Ernie Bay, Lynn O'Brien, Lois Bell, Paul Kurker. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman Ben Tafoya noted that he attended the MMA Annual Conference. He also attended the public hearing on Pulte Homes (Addison- Wesley site). They discussed potential parking for Eastern Middlesex Realtors at the hearing, and the hearing was continued to the end of February. The construction will be phased in over eight years. Selectman Richard Schubert noted that he attended the MMA Annual Conference. Vice Chairman Camille Anthony noted that she attended an Audit Committee meeting last week, and the report was great though unfunded health benefits are a big liability and the Town Clerk's Office will get a new register to track revenues. She also attended a meeting of the Economic Development Committee. She noted that Eastern Middlesex Realtors does three trainings per month, and they also have a problem with a lot of turnarounds on their property. She suggested that the Parking, Traffic and Transportation Task Force look at that problem. She also noted that the snow banks need to be cut down. Selectman Stephen Goldy noted that he attended the Volunteer Appreciation Night for Friends of Reading Recreation. He asked how the Saugus Appellate on I/I affects us, and the Town Manager indicated that he did not know but we spend our money. Selectman Goldy also noted that he will not be at the meeting on February 1st but he has spoken with many Boards, Committees and Commissions and he fully supports the proposed budget. He noted that Boards, Committees and Commissions don't want to lose the level of service if we go to regionalization, and he indicated that the services could be enhanced with regionalization. Chairman James Bonazoli noted that he met with the Lacrosse and soccer groups - the Recreation Committee will be meeting with theirs regarding schedules. The Recreation Committee is also looking at ways to improve the fields; i.e., the turf field with lights - if we put lights on the back of the pole, then the softball field could be used at night. 130 6 ct, t Board of Selectmen Meeting - January 25, 2011 - Page 2 Vice Chairman Camille Anthony noted that the Board needs to look at a carry in/carry out policy. Public Comment - Bill Brown noted that the issue with the Saugus Appellate was using fees to supplement taxes. Town Manager's Report The Town Manager gave the following report: Administrative Matters o The National Guard is having a deployment out of the Reading Memorial High School Field House on Tuesday February 15, 2011 at 9:00 a.m. We are trying to raise $7000, $25.00 at a time, to purchase sweatshirts for these 300 soldiers. To date we have raised $3000. ® H.5122, Reading's Home Rule petition for an additional Package Store License at 30 Haven Street, has been signed by the Governor. Representative Brad Jones' advocacy for this bill has enabled it to proceed at this very quick. pace. o Reading's legislative delegation has signed on as primary sponsors to a bill which would allow Boards of Selectmen to convey and accept easements rather than rely on Town Meetings to approve them, which can delay conveyance or acceptance of easements and create unnecessary hardships and bureaucracy. This bill is sponsored by the MMA Regional Policy Committee. ♦ I understand from Superintendent of Schools John Doherty that Reading has a contingent of about 30 students from South Korea visiting - 4th to Stn graders. They are here for three to four weeks. On January 25th from 5:00 to 7:00 p.m. at Coolidge, they will be celebrating "Whispering from Korea," a Korean Children's Culture Day. ® Census forms are. going out to all households beginning this week. We are doing the process in-house this year to see if we can save some money. In addition to the dog licensing, the Town Clerk will be including information for anyone interested in being a Poll Worker. Finance ® The Governor has announced his proposed budget as it relates to local aid, legislative proposals related to employee health insurance, and increased levels of Chapter 90 road aid. There are a lot of steps between now and the approval of any of these. Community Development ® We have reviewed and responded to the Environmental Notification Form filed by Pulte Homes for the Reading Woods development on the Addison-Wesley/Pearson site. A copy of the letter is attached. ♦ Four responses to the RFQ for Licensing and Permitting software have been received and are being evaluated. o We have submitted, with Melrose and Wakefield, a letter of intent to file a grant application to evaluate a formal regional Public Health District. ® Progress is being made on the site development of the former Tux Shop. Purchase of the former Artist Shoppe. L 0,22 131 Board of Selectmen Meeting - January 25, 2011 - Page 3 ® Progress on Oaktree. Public Safety • "Fast 14" - 1-93 bridge replacement project in Stoneham/Medford/Somerville this Summer. • At the Town's request, MADOT has installed a new "No Turn on Red sign at Birch Meadow Drive and Main Street - the sign is activated only when someone pushes the crosswalk button, thereby not causing excessive idling at the location when pedestrians are not present. Town Engineer George Zambouras was responsible for getting this done. • You have in your material this evening the report on a speed study for Ash Street that was prepared by the Safety Officer. • Fire Chief Burns has completed the grant documents for the $7,000 emergency Management Grant. We are applying to outfit the Town's Emergency Operations Center in the Police Station. What we would like to accomplish is the following:. • Install a "Smart Board" . • - Provide internet and access to the Town's server for DPW, Fire, Police, Reading Light, School and Health. • Provide phone lines for each of positions above. These items will allow us to communicate with our respective Departments and monitor incidents Public Works. • Re: sidewalk snow plowing: "We have one full size unit up and running - the small one is almost repaired, and the other is out being repaired. We have sections of Main Street done but the section from the Old South Church to Birch Meadow Drive needs to be plowed. As you know, the State filled this section with ice chunks when they widened the travel lane. We sent the bombardier to try and open it but had no luck. We will try the Holder on Tuesday." ♦ Recycling success - 45% increase in recycling - December 2009 to December 2010 ® Curbside collection in Winter weather ♦ Scrap metal curbside pickup - May 21, 2011 ♦ Paper shredding event May 14, 2011 ♦ Rigid plastics event -May 14, 2011 o MWRA water interconnection with Stoneham - Construction this Summer. 0 MADOT is beginning the design process for resurfacing Main Street. It was last done in 1986. I do not expect work to be done for at least a year. Construction Projects ♦ Done for the year: Personnel and Appointments Town Forest Committee and RMLD Citizen's Advisory Board _ A motion ' by Anthony seconded by Tafoya to accept the report of the Volunteer Appointment Subcommittee and confirm the following appointments to ' the following Boards, Committees and Commissions: p3 132 Board of Selectmen Meeting - January 25, 2011 - Page 4 ® Thomas Gardiner fora full position on the Town Forest Committee with a term expiring Jnne 30, 2012 o _Tony Capobianco to a position on the RMLD Citizen Advisory Board for a term expiring June 30, 2011 The motion was approved by a vote of 5-0-0. Discussion/Action Items Hearing - New Officer and new Stockholder for Oye's - The Secretary read the hearing notice. The Town Manager noted that Police, Health and Community Services have approved this application. A motion by Anthony seconded by Goldy to close the hearing on the application for a New Officer and a New Stockholder for KOK, Inc d/b/a Oye's at 26 Walkers Brook Drive was approyed by a vote of 5-0-0. A motion by Schubert seconded by Goldy to approve the application for a New Officer and a New Stockholder for KOK, Inc d/b/a Oye's at 26 Walkers Brook Drive was approved by a vote of 5-0-0. Hearing Traffic Issues - Washington Street Parking Regulations - The Secretary read the hearing notice. Town Engineer George Zambouras and Police Lt. Dick Robbins were present. The Town 'Manager noted that the Police Chief put emergency parking regulations in place on Washington Street due to the narrow streets. The plan is to restrict parking to one side. Selectman Richard Schubert noted that a site visit is scheduled for Saturday but it will be cancelled due to snow. The Town Engineer noted that he spoke with the consultant and if the Town is against the sidewalk on Washington Street, then the only part of the project left is Temple Street and it's unlikely the project will be done. He also noted that the public hearing by the State is in March but the State is still waiting to hear from the Town. The Town Engineer noted that the plan is to move the sidewalk to the edge of the layout to increase the roadway. Ernie Bay of 144 Woburn Street noted that the residents want no parking until 10:30 a.m. on both sides of the street. He also noted that commuter parking is a problem. Lynn O'Brien of 34 Washington Street indicated that she supports what Ernie Bay said. Lois Bell of 35 Washington Street noted that she cannot get her car out of the driveway when cars are parked on the street. 133 Board of Selectrhen.Meeting_ January 25, 2011 - Page 5 Vice Chairman Camille Anthony noted that this is a narrow street and there is not enough room for four lanes - two travel lanes and two parking. She's surprised that the residents want on street parking at all. Paul Kurker of 34 Washington Street noted that no parking until 10:30 a.m. would solve the problem. He asked why we want commuters parking in the neighborhood when there are empty spaces at the depot. Lynn O'Brien suggested trying the limited time parking and if that doesn't work, then come back to the Board. Richard Schubert asked about the street width. George Zambouras noted that they will not cut into.the street at all. The edge of the pavement remains the edge of the pavement. If the width of the sidewalk is reduced one foot, then the pavement will'be increased one foot. James Bonazoli noted that he is in favor of proceeding with the Safe Routes to School. He is also willing to entertain the no parking; 6:00 a.m. to 10:30 a.m.'on the other side of the street. Ernie Bay asked if the project could be done without curbing and James Bonazoli noted that curbing is a must. A motion by Goldy seconded by Anthony that the Board is in favor of the Safe Routes to School proiect as presented by the Town Engineer, was approved by a vote of 5-0-0. The Board directed the Town Engineer to send a letter to the State indicating their approval and memorializing the Board's concerns regarding tree removal, etc. A motion by Anthony seconded by Tafoya to close the hearing on Washington Street parking regulations was approved by avote of 5-0-0. A motion by Goldy seconded by Anthony to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, by adding to Appendix A5 (Parking Prohibited During Certain Hours on Certain Streets) the following: Street Location Ke ulation Washington Street Along the entire westerly 5.3, Parking Prohibited on side between Woburn Certain Streets, from 6:00 Street and Prescott Street a.m. to 10:30 a.m., Monday through Friday The motion was approved by a vote of 5-0-0. Grove Street at Strout Avenue Parking Regulations - The Secretary read the hearing notice. The Town Manager noted that this is a site visibility issue. The Parking, Traffic and Transportation Task Force recommends no parking 50 feet on both sides of Strout Avenue. (CA, < 134 Board of Selectmen Meeting - January 25, 2011 - Page 6 Bill Roach, 392 Grove Street, noted that the traffic has increased with the dog walkers and events in that area. He indicated that the parking is getting severe. He suggests that parking be. allowed down near the pumping station. He recommends using an electronic gate and having cameras that will be monitored by the Police Department. Greg Zann, 15 Family Circle, noted that parked cars limit access coming out on Grove Street - he supports Bill's ideas. Chris Zanni, 400 Grove Street, noted that parking is overwhelming. He noted that the dog walkers don't use leashes and the dogs come right into his house. He indicated that there need to be leash law signs and the cars need to get down near the Town Forest. Mr. Zanni indicated that North Reading had a dog park and they closed it - he sees cars from other towns coming to use our Town Forest. The Town Manager noted that we could restrict the parking to community access sticker only. Leslie Sidelinker, 409 Grove Street, noted that people park on his lawn and turn around in his driveway. There were 21 cars there two to three weeks ago enjoying the Town Forest.. We need to get the cars down near the woods. Ben Tafoya suggested sending the Animal Control Officer up there to educate people about the leash law. Stephen Goldy asked why we are looking at no parking at 50 feet on both sides because it just pushes the cars further away to park where the road narrows. George Zambouras noted that 20 feet is not enough for good visibility. Chris Zanni was concerned if parking is eliminated then they will park on Family Circle. A motion by Schubert seconded by Anthony to close the hearing on parking regulations on Grove Street at Strout Avenue was approved by a vote of 5,0-0. A motion by Goldy seconded by Anthony that the Board of Selectmen amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, by adding to Appendix A-1 (No Parking Any Time) the following, effective April 1, 2011.: Street Location Regulation Grove Street along the northerly side of 5.3, Parking Prohibited on Grove Street, 30. feet in Certain Streets both directions from Strout Avenue The motion was approved by a vote of 5-0-0. ( 6z,(o 135 Board of Selectmen Meeting - January 25, 2011 - Page 7 Temple Street Parking Regulations - The Secretary read the hearing notice. The Town Manager noted that when we repaved Temple Street we put up signs, but they are not in the regulations. He received two phone calls from residents and they are in favor of the regulations. Dianne Kennedy, 15 Temple Street, noted that there is a sign that says no parking to corner, yet cars park there when mass is going on at St. Agnes. She asked if enforcement is ever done. The Town Manager noted that the Selectmen need to adopt the regulations, then we can enforce. Ms. Kennedy indicated she was in favor of the regulations and thanked the Town for paving the street. A_ motion by Schubert seconded by Tafoya to close the hearing on Temple Street Parking Rel4ulations was approved by a vote of 5-0-0. A motion by Schubert seconded by Goldy to amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, by adding to Appendix A-1 (No ParkinE any time) the following: 04+ Lneation Regulation uu Temple Street Within 50 feet of Woburn 5.3, Parking Prohibited on Street along the easterly Certain Streets side of Temple Street Temple Street On the westerly and 5.3, Parking Prohibited on southerly side from Certain Streets Woburn Street to Summer Avenue The motion was approved by a vote of 5-0-0. Presentation ad hoc Municipal `Building Committee - Municipal Building, Committee Chairman David Michaud and member Vicki Yablonsky were present. David Michaud reviewed the list of documents that the Committee received and reviewed. The Committee met with the Facilities Department, Cemetery Board, all Department Heads and private developers interested in the Oakland Road site. The Committee also visited all of the facilities. The current maintenance meets expectations.. David Michaud reviewed a chart rating each facility. He noted that the facilities were all close in scores and the Library and Cemetery Garage rated the highest followed by the DPW vehicle maintenance; Town Hall drainage; and Joshua Eaton cafeteria and flooring. Ben Tafoya thanked the Committee for their hard work and asked what the committee's concept of the Library was. David, Michaud indicated they recognized the need for additional space. Ben Tafoya asked if the Committee had a recommendation for a specific location for the cemetery garage and David Michaud indicated they did not, but recommended that something needs to happen. (a~ 136 Board of Selectmen Meeting - January 25, 2011 - Page 8 The Town Manager noted that the Committee recommends holding onto the Oakland Road property and review at some time in the future - perhaps 10 years. Camille Anthony noted that the Birch Meadow millwork needs defining and she suggests having the Voke School do the work. Economic Development Committee Briefing - Meaghan Young Tafoya introduced the members of the Economic Development Committee. She noted that the Committee proposed a full rewrite of the sign bylaws and they were partially approved by Town Meeting. She also noted that the Downtown Steering Committee responsibilities were transferred to the Economic Development Committee. Under economic vitality 12 businesses came into Town or relocated. Sheila Clark noted that the committee is looking for feedback on the Passport to do Business in Reading. She noted that the feedback from the Economic Development Summit was overwhelmingly successful. She also noted that businesses want an Economic Development Committee liaison. She feels this role could be utilized to educate the business owners. Ms. Clark commended staff on the improvements in customer service. Ben Tafoya noted that there are limitations as to what volunteers can do regarding interaction between property owners, business community and staff. He suggests that the first mailing of the Passport should go to the property owners as a marketing tool for their property. Russ Graham reviewed and noted that the EDC advocates for what businesses want. He noted that the DRT works well, but sometimes at the end, the business is not sure what has to be done and what is optional. Michelle Williams noted that the Fall Street Faire was an enormous success and is in dire need of volunteer leadership. Stephen Goldy suggested reaching out for volunteers by setting up a committee and recruiting. Michelle Williams noted that the Committee is seeking architectural people (for free) to help with the storefront improvement program. She also noted that local businesses are helping other local businesses i.e. Grumpy Doyle's and Sam's Bistro purchase their seafood from Twin Seafood and Christopher's gets their hamburger from the Butcher Shop. A motion by Schubert seconded by Tafoya to go into Executive Session to discuss strategy with respect to collective bargaining for the AFSCME DPW Union, the AFSCME Engineers Union, and the Public Safety Dispatchers Union, and that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and not to reconvene in Open Session was approved on a roll call vote with all five members votinLy in the affirmative. Respectfully submitted, Secretary 6,0,9, 137 Board of Selectmen Meeting February 8, 2011 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 7:04 p.m. at the Senior Center, 49 Pleasant 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 Bob LeLacheur, Public. Works Director Jeff Zager, Fire Chief Greg Burns, Office Manager Paula Schena and the following list of interested parties: Barbara Meade, Karl Weld, William J. Hecht Sr., Gina Snyder, Will Finch, Jane Kinsella, Tom Gardiner, Betsy Schneider, Jeff Zaher, Mike Modica, Mary Ellen O'Neill, Annika Scanlon, Barry Berman, Frederick Van Magness, William Boatwright, Marsie West, John Carpenter, Betty Cronin, Kara Fratto, Mark Dockser. Discussion/Action Items Budget and Capital Improvements Program - Chairman Bonazoli asked for an update on snow and ice removal. The Town Manager noted that we are $402,000 over budget for snow and ice. Public Works is working on hydrant clearing, buildings, widening of roads, clearing intersections and drains. Public Works Director Jeff Zager noted that it takes 1-10 days to catch up from one storm. The equipment is taxed - three out of four sidewalk equipments are out of service and that equipment is also used for widening the roads. Fire Chief Greg Burns noted that he and facilities staff surveyed the schools. Wood End School and Parker Middle School had heavy snow on the roofs. The snow at Wood End has been removed and they are still working on Parker Middle School. There have been no serious structural issues. James Bonazoli asked Chief Burns if he had been called in by any commercial buildings and Chief Burns indicated he has not, but he's checking the canopies at the gas stations. Budget Review/Update - Assistant Town Manager/Finance Director Bob LeLacheur gave an overview of the budget. He noted that the taxes on an average home that is worth $400,000 in Reading is $5,500 plus other local revenues that equal $8,013 per homeowner. He noted that cash reserves are at 8.7%. If we have unforeseen expenses like snow and ice and a reduction in State aid we need to have money in reserves. If we didn't have reserve cash then we would be cutting 4% from the budget instead of 2%. If we hold wages at 0% then we will be short $1.7 million in FY 12 and $1.9 million in FY 13. Conservation Commission Chairman Bill Hecht spoke in opposition to eliminating the wetland regulations and also for cutting the Conservation Administrator position to half time. 138 Council on Aging Chairman Steve Oston spoke against the reduction.in the Elder Services Administrator's position. Board of Health Chairman Barbara Meade spoke against the cuts to the Health Director's position. She noted that regionalization is a quick fix and the conversations haven't been started yet. Charlie MacDonald requested that the cut in the Elder Services Administrator's salary be reinstated. Michael Oniskey spoke on behalf of Sally Hoyt who was unable to be present. Mr. Oniskey read a letter from Sally Hoyt supporting restoring the Elder Services Administrator position' to full time. Mr. Webb spoke against the reduction in the Inspector's positions. Aron Kelbelbachi spoke in support of the Town Manager's budget for FY2012. He noted that the accreditation to the schools, library or senior center should not be affected. Mike Moniker spoke against the cut to the Elder Services Administrator position. Will Finch, former Conservation Commission member, spoke against eliminating the wetland regulations and reducing the Conservation Administrator position to half time, Town Meeting Member Carl Weld indicated he doesn't want to pay taxes to give employees pay raises. He feels the Town should increase revenues by selling advertising on billboards. Mary Ellen O'Neill indicated she was concerned to see such a high percentage of cuts in Community Services. She feels the cuts should be restored and distributed among the other departments. She indicated she would be in favor of an override next year. 'Fred Van Magness noted that the cuts are extremely difficult. He also noted that the Town Manager and Superintendent of Schools are paid to create the budget and make cuts. He suggested increase revenues by increasing conservation fees, parking fees at the Depot and Compost Center fees. Board of Health member Colleen Seferian advocated restoring the Health Director's position to full time. She has concerns regarding regionalization. Town Meeting member Kara Fratto indicated it is not sustainable to keep cutting Elder Services. Gina Snyder, Precinct 5, spoke about the importance of protecting the wetlands. Chairman James Bonazoli said that it was good to see the support for the employees and thanked everyone who came out this evening. He also noted that the Selectmen raised fees in January except for the parking. 10-z- 139 Camille Anthony asked the Town Manager about salary increases. The Town Manager noted that all nonunion employees and all unions with contracts in place have a one step increase equal to 2%. This current year the employees received no step increase or cost of living allowance. All sick leave buyback has been eliminated fo.r new employees and there has also been a reduction of sick leave for employees. We have also gone to a tiered medical plan to help control medical premiums. Camille Anthony asked what the total of the salary increases are worth and Bob LeLacheur noted it was approximately $90,000. The Town Manager noted that it is not reasonable to assume we can balance the budget on the backs of the employees. Ben Tafoya asked how quickly the regionalization of services can be put into place. The Town Manager noted. that a letter of, intent was submitted for doing a regionalization study. In September we will apply for funding of $50,000 - $75,000 per'year to enhance, services. The Town Manager noted that the Health Administrator position will be reduced on July I despite regionalization. The Town Manager noted that Reading is staffed higher than other communities even with the cuts.. Richard Schubert asked about the additional actions that go along with the budget cuts. The Town Manager noted that if we don't eliminate the Wetlands Bylaw then it needs to be refined. The Town needs to stop regulating things we don't need. The Town Manager also noted that billboards are not recurring revenues so the money can only be used for capital. He noted that the Town needs to take action because we cannot be using $1.5 million of free cash every year. We also need to move forward with regionalization and if we can't then there will be a reduction in service. Richard Schubert noted that each item needs to be looked at separately and perhaps we should seek an operational override. Camille Anthony noted .that the Town cannot afford, to pay 71% of health insurance. She asked how much the health insurance cost the Town and Bob LeLacheur indicated approximately $600,000. Camille Anthony noted that we have to change the way of funding health costs. Stephen Goldy noted that if you look out to FY14, cash reserves will be 4.6% and that is a big concern. He feels it has taken too long to look at alternate revenues such as billboards, parking and cell towers and feels these would solve some of our problems. He indicated we also need to look at the healthcare percentage. Camille Anthony noted that once our cash reserve goes below 5% then our bond rating goes down. Ben Tafoya indicated he is confident that inspectional services will not suffer. He also noted that these are painful decisions and we will be having these exact same discussions next year. James Bonazoli noted that we are not at the point of an override yet. He suggests looking at alternative revenues and feels the Town needs to set priorities. 140 X63 Richard Schubert noted that staff reduction can have a ripple, effect on staff support for Boards, Committees and Commissions. A motion by Bonazoli seconded by Anthony to agree to the budl4et as proposed by the . Town'Manager was approved by a vote of 5-0-0. It was noted that the action items will be looked at separately. A motion by Tafoya seconded by Anthony to go into Executive Session to discuss strategy with respect to litigation and that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and not to reconvene in Open Session was approved on a roll call vote with all five, members voting in the affirmative. Respectfully submitted, Secretary 141 66~ l /C ojs 2011 FEB -7 h"1 10i 58 February 1, 2011 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Chairman and Members of the Board: ,\finAty In keeping with our efforts to provide you with updates regarding our services in your community, I am writing to inform you of the following changes: Effective March 1, 2011, Comcast will be making changes to certain digital. cable packages. The digital services listed below will only be available to new customers subscribing to Digital Starter. Digital Preferred Digital Preferred plus one premium Digital Preferred Plus Digital Preferred plus two premiums Digital Premier As a result of this change, current customers to the services listed above will continue to receive their digital service without having a subscription to Digital Starter until they make a change to their account or until they receive further notice. Customers were notified of this information by direct mail. On March 22, 2011, Discovery Familia will be added to MultiLatino channel 725. As of March 30, 2011, Movieplex on channel 200 and Investigation Discovery on channel 252 will move from Digital Preferred to Digital Starter. Current subscribers to MultiLatino Ultra or one of the following packages which are not available for new subscription: Digital Bronze, Silver, Gold or Platinum, will no longer receive Movieplex and/or Investigation Discovery as of March 30, 2011. Should residents contact you with questions regarding any of this information please do not hesitate to direct them to our toll free customer service number: 1-888-XFINITY. Our Customer Account Executives are available 24 hours a day, 7 days a week to answer any questions they may have regarding Comcast products, services and prices. If you have any 143 Vf ck, Reading, MA February 1,, 2011 Page 2 questions about this information or.any other issue, please feel free to contact me directly at 978- 927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government & Community Relations 144 ~ ~2 DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LT. GOVERNOR JEFFREY B. MULLAN T y`+•+, SECRETARY & CEO February 3, 2011 Peter I. Hechenbleikmer Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 No ving Massachusetts Forward. 101 ~~g ®7 t tQ 51ssachusetts Department of Transportation C RE: Proi #666202 - Reading / Parker Middle School. Dear Ms. Hechenbleikner: The Right of Way Bureau of the Massachusetts Department of Transportation has been informed that the above proposal has received Departmental approval as a Federal Aid Project. Accordingly, as a Federal Aid Project, a secured, right of way is required to satisfy design, construction and future maintenance obligations for this project. Your community must acquire any and all rights in private or public lands necessary for this project to be undertaken, and your community is responsible for all of the costs and effort associated with such acquisitions. Your community must also adhere to all applicable federal and state laws and regulations relating to such acquisitions. Please note that your community may acquire these necessary rights in land through the exercise of the right of eminent domain, by purchase or by donation. If your community has a town form of government, please note the enclosed document concerning Town Meeting approval. The Commonwealth is responsible for monitoring the acquisition activities of all local acquiring agencies on Federal Aid Projects. Therefore, it is advisable that the Right of Way Bureau and your municipality work closely together during the entire acquisition process. This association will enable your community to expedite the acquisitions while ensuring that federal and state requirements are met. Please designate a coordinator/liaison to work with the Community Compliance section of the Right of Way Bureau. The Right of Way Bureau will provide brochures and sample forms, as well as provide guidance and advisory services to your community throughout this process. The scope of the right-of-way activity will determine the need or requirement for right-of-way plans, so please have your coordinator/liaison review the enclosed guidelines. The Right of Way Bureau is looking forward to working with your community on this project. If you have any questions, please feel free to contact Linda Walsh, at (508) 822-1423 or by e-mail at hnda.walsh@state.ma.us. Sincerel , T omas P. Gray, sq. Director, Right of Way B reau Enclosures cc: (no enclosures) Pamela Marquis, ROW Linda Walsh, ROW Shawn Holland, Project Engineering Kevin Dandrade, TEC George Zambouras, Reading www.masss.gov/massdot TEN PARK PLAZA BOSTON. MA 02116-3969 • PHONE! 44.973.7000 • FAx: 617.973.8031 TDD: 617.973.7306 Town MVMeeting Approval, Eminent Domain Donations Most towns require town meeting approval to acquire land parcels for highway purposes. The following is a suggested format that allows the Board of Selectmen to acquire the necessary land areas on behalf of the inhabitants of your municipality. To authorize the Board of Selectmen to acquire the following land parcels and or rights in land parcels for the purpose of obtaining a secure and public right of way. This will allow for the construction and roadway safety improvements (Name of Project) Total # Parcel Area (Square Feet) In Fee Permanent Easements Temporary Easements Further that the Selectmen may acquire these parcels, or modification of these parcels or other required parcels though all legal means. This includes donations, purchase or eminent domain. The subject parcels are currently identified on plans drafted by Dated Titled Further, to raise and appropriate an amount of $ to defray any associated right of way expenses connected with this project. Your town counsel and other appropriate officials should review and draft the proposed article.. It should be modified as necessary given current information. Chapter 90 funds may be used for right of way purposes. Contact the local Massachusetts Department of Transportation, Highway Division Office for information ,regarding use of your Chapter 90 Funds. Town officials must estimate the Right of Way Cost. This may include appraiser fees, sign relocation's, award of damages, recording fees, Attorney fees, etc. Your assessor's office should be of assistance in estimating the required appropriation. If you have any questions, please do not hesitate to contact the Community Compliance Section. Community Compliance Section 2j (617) 973-7966 146 MASSACHUSETTS DEPARTMENT OF TRANSPORATION RIGHT OF WAY BUREAU MUNICIPAL GUIDELINES FOR EMINENT DOMAIN ON FEDERAL & STATE PROJECTS 1. Review procedures with MassDOT Community Compliance Officer. Forms and documents provided by MassDOT, ROW Bureau. 2. Submittal of acceptable ROW plans is required. Layout plans and Instruments may be required. 3. Title examinations of those properties must be performed and reviewed to determine ownerships and/or rights in the parcel(s) to be acquired. If determined by MassDOT that the municipality has not acquired all required land or rights therein, the municipality shall be responsible for all damages resulting there. from, including compensation to private land owners, and contractor claims of any nature. In such event, MassDOT has the option to withdraw its participation from the project. 4. Interview property owner(s) or their representatives and discuss the issues and impacts regarding the property to be acquired. Retain notes of the interview for future reference and potential appraisal of the property. Severance damage; cost to cure items, and uneconomic remainders may be indicated. Property Owner Contact Form is required for ROW Certification. 5. Assign a competent licensed appraiser. In those instances where individual parcels have a value of less than One Thousand Dollars ($1,000.00) municipality may utilize the services of "in-house" assessors or local appraisers. A list of approved MassDOT Highway Division FEE appraisers is available upon request. Review the suggested Federal Highway Authority appraisal format. 6. Completed appraisals must be acknowledged and reviewed by an experienced local official, such as the Chief Assessor of the municipality. Upon completion, the appraisals will be delivered to MassDOT's Community Compliance Officer for final review. 7. Prepare and vote the Order of Taking and the Award of Damages. 8. Record the Order of Taking, deed grants or easements and plan(s), if required, with the appropriate Registry of Deeds. NOTE: This must be accomplished within thirty (30) days of the vote by City Councilor Board of Selectmen. 9. Notify owner(s) in writing of the acquisition(s) and the award of damages. 10. Payment of the award must be tendered to the affected property owners no later than sixty (60) days after the recording at the Registry of Deeds. 11. Gain physical and legal possession of the parcel(s)/structure(s). 12. Complete required affidavits and forward to MassDOT Community Compliance Officer as soon as possible. Vote: The Eminent Domain procedure is as unique and varied as the Municipality that implements the process. Your procedures ire regulated by the Massachusetts General Laws. Most towns require town meeting approval in order to exercise their eminent lomain Jauthority. qb3 147 qc- aos Reading House of Pizza 1321 Main Street Reading, MA 01867 February 8, 2011 Peter L. Hechenbleilcner Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleilcner, As a new business owner in town, I've had the pleasure to work with you and several town officials over the course of the past year. As you can imagine, it has been . an extremely busy year. Frankly, without the support of your team, I can't imagine how I would have gotto the finish line! 1 have to commend your entire team, and the process that they have put in place for helping new business owners get up and running-they really are an outstanding group of people. From my first experiences working with Abby McCabe and Jean Delios in preparation for the Design Review Team meeting, it was clear that I was in the hands of seasoned professionals who truly wanted to help me succeed. They were extremely knowledgeable and exceedingly patient in guiding me through the Town's requirements. While reflections of our Design Review Team meeting are still slightly "intimidating", it was an absolutely pivotal event in terms of understanding the journey I was about to embark on, and what resources would be essential for reaching the destination. In fact, from the time of that meeting, it was as if I had access to a "consulting team" to help navigate everything from permit applications through to inspections. Interestingly, I experienced a common characteristic in every,member of the team-they were all extremely proactive. They didn't stand by on the sidelines waiting. for me to get to their "stage" of the process. They stayed a step ahead of me, unobtrusively monitoring progress, and reaching out to let me know when I should advance through the next phase of the project. As a small business owner, access to that level of experience and support proved to be an invaluable asset. q C,,)( 1.48 February 8, 2011 Page 2. And finally, I would be remiss, if I did not mention my past.and ongoing experience with the Town's Health Department. I think one of the most complementary things I could say is, that the Reading health department, led by Larry Ramdin, has uncompromising standards! My experience with the team, during both the business development and business operating stages, is that they work tirelessly with local business owners to uphold those standards, to ensure the public's safety, and to reduce the businesses' liability. I have found Larry and his entire team to be knowledgeable of the health regulations, and very pragmatic in ensuring compliance. They are highly educative, dedicated, and constructive problem solvers. I've come to view the team as an essential "business partner". In closing, I'd just like to say thank you for extending the expertise of your team to help my team succeed. The business has been well received thus far, and we look forward to continued growth and prosperity in Reading in the years to come. Sincerely, ,goaaa 411-0e Donna Wright Reading. House of Pizza DW/ G2-. 149 . OFRF9ol~~ 'T'own of Reading 16 Lowell Street {s39..x ReoReading, Mtn 01867 Joseph R. Veno, Chairman Gail LaPointe Richard P. Foley February 10, 2011 To the Honorable Board of Selectmen Town Hall 16 Lowell Street Reading, MA 01867 Gentlemen, t ( C I &'k CONTRIBUTORY RETIREMENT BOARD Ph: (781) 942-9007 Fx: (781) 942-9037 Francis P. Driscoll Thomas. A. Clough Colleen Loughlin, Ret Admin Please be advised that at the meeting of the Reading Retirement Board held.on Thursday, February 10, 2011,. the Board determined that Francis P. Driscoll was the only candidate nominated for the First Member of the Reading Retirement Board: Therefore, it was voted to declare Francis P. Driscoll to be elected the First Member of the Reading Retirement Board in accordance with M.G.L. Chapter 32, 840 CMR 7.00. His term will commence on April 1, 2011 and expire on March 31, 2014. Sincerely, Colleen Loughlin Retirement Board Administrator 150 mid Page, I of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, February 17, 20114:38 PM To: Reading - Selectmen; Alan E. Foulds Cc: Schena, Paula Subject: Tennis Courts Fees Proposal 2011 Attachments: Tennis Courts Fees Proposal 2011.doc The Recreation Committee will be holding a hearing on this next month. By Bylaw this is being sent to the BOS, Bylaw Committee, Moderator, and Town Counsel. I/c BOS C Bylaw Committee 2/17/2011 151 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-5441 RECREATION DIVISION: (781) 942-9075 PROPOSAL FROM THE .RECREATION COMMITTEE FOR A "PRIORITY PASS" FOR THE READING COMMUNITY TENNIS COURTS AT BANCROFT AVE. The premise of the "priority pass" is to help bring some order to the peak-use time of the courts and to help defray the . costs of the lights. The Reading. Community Tennis Courts at Bancroft Ave. are amongst the best their kind in the state. People travel from all over to utilize this state-of-the art facility. The six courts are able to handle the excessive traffic during most parts of any day/time except Monday - Friday from 5:00 PM - 9:00 PM during late spring to early fall. Waiting time can be up to 3 hours to use a court. Though some research we are finding that some folks are not respecting !the signage. of rules regarding etiquette for length of play: There is currently no practical mechanism to combat this issue. Currently the lights for the tennis courts cost the Town approximately $5000 per year. This is paid for by the Rec Revolving Fund. ® Priority Pass would cover court dse from June I51- September 2"d (Monday - Friday Only) beginning at 5:00 PM - 9:00 PM. • Priority Pass is for Peak Hours in which lights are used for a portion of the time and there is very heavy traffic • Courts monitored by Senior Tax Workers for that stretch of time, players check in upon arrival • Pass would allow holders to bring up to 3 people with them to play • At any other time, besides the dates and times above, the courts are free to be used Proposed Pricing Structure: Resident; Seasonal Pass $10 Seasonal Family Pass $25 Non-Resident; Seasonal Pass $100 152 L fc" kf inity- February 17, 2011 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 RE: Important Information -Price Adjustments Dear Chairman and Members of the Board: Beginning March 23, 2011, we will be adjusting some of our prices in your community. -n ora ►.a 0 While we have been highly focused on controlling our costs for the benefit of our customers, we continue to invest in next-generation technology and equipment to support new product features, more programming choices and to improve the customer experience. These investments make it possible to provide the additional HD. and now 3D channels customers demand while delivering continued innovations such as digital video and sound, On Demand with up to 25,000 choices, a new interactive program guide and some of the fastest residential internet speeds in the U.S. now up to an incredible 105Mbps. At Comcast, we're hard at work transforming our products by adding the content, interactivity and new features that customers want in order to bring them the greatest value in entertainment. And we stand behind it all with the Comcast Customer Guarantee, our promise to provide a consistently superior experience backed by 24/7 customer service, more convenient appointments and the best products and services. The enclosed attachment will provide you with further detailed information regarding the scheduled price adjustment. , As always, if you should have any questions or concerns regarding this matter, or any matter, please feel free to contact me at 978-927-5700, ext. 4409. Sincerely, Jane M. Lyman Senior Manager of Government and Community Affairs Ccomcast BFI 153 COMCAST Price Information for Reading, MA February 21, 2011 Dear Valued Customer: As part of our commitment to provide you with the best entertainment and communications experience, we continue to invest in making your services even better. Here are just a few highlights: More to watch, more ways, more easily with TV that goes where you go: More ways to enjoy your entertainment-on your TV or online-anytime, anywhere. - The only service with HBO, Showtime and Starz online so you can watch on the go!* More top movies and shows On Demand than anyone, plus more HD and 3D shows with up to 25,000 choices on your TV and 150,000 choices online! Now, easier than ever to find your shows with 'Watchlist at xfinityTV.com And record shows from anywhere with DVR Manager-even from your smartphone.* Faster Internet Speeds, Comprehensive Online Protection and Advanced Home Phone: • unbelievably fast Internet download speeds-with service now up to an amazing 105 Mbps!** • Most comprehensive online security: Norton Security Suite, Secure Backup & Share and coming soon, identity protection-all included at no extra cost. • Digital home phone service with the best call clarity and next-generation features like voicemail online and caller ID to your TV, PC, home phone and smartphone.* Comcast Customer Guarantee and Commitment to .Service: • And we stand behind it all with the Comcast Customer Guarantee, our promise to provide you a consistently superior experience, including 2417 customer service and convenient evening and weekend appointments. Periodically, we adjust prices due to increases in programming and business costs. Starting March 23, 2011, new prices will apply to certain video and Internet services and equipment as indicated on this notice. If you are currently receiving services on a promotional basis or under a minimum term agreement associated with a specific rate, the prices for those services will not be affected during the promotion or minimum term. We thank you for your continued business and look forward to providing you with a superior entertainment and communications experience. We would welcome the opportunity to- help you find the perfect package that meets your needs, such as our Triple Play packages which offer exceptional value and can give you more of what you want, your way. Visit us at Comcast.com or call us at 1-800-COMCAST to learn more. Thanks for being a Comcast customer. We look forward to continuing to serve you. *Feature and content availability varies by service plan and market. Comcast DVR and Internet access required for DVR Manager. Subject to equipment compatibility. Actual speeds vary and are not guaranteed. Speed tiers and increases may not be available in all areas. Prices shown are for residential service only and do not include federal, state and local taxes, FCC user and franchise fees or Regulatory Recovery fees or other related costs. Prices, services and features are subject to change. Not all services are available in all areas. ew Price DIGITAL. TV Prices 1 current Price as of 3/23/11 XFINITY TV Digital Value Packages'' a New Price Current Price as of 3/23111 Reading, MA Includes: Access to On Demand with AnyRoom® On Demand, Basic Service 3 $14.10 $16.60 Interactive Program Guide, Digital PPV, and Over 44.channels of music. Expanded Basic Service 2 $ 48.65 $48.90 The following services require a subscription to Digital Starter: Standard Cable $ 62.75 $65.50 Digital Preferred $16.95 $17.95 (Not available for new subscription as of December 1, 2008.) a DIGITAL ECONOMY (with other service) $29.95 $29.95 Digital Preferred plus one premium ' DIGRAL ECONOMY a $39.95 $39.95 Any ONE Premium Pack Choice $31.45 $32.45 DIGITAL STARTER s $62.75 $65.50 Digital Preferred Plus Franchise Related Cost e $ 0.03 $ 0.03 HBO & Starz Premium Packs....................... $42.45 $43.45 Digital Preferred plus two premiums Any TWO Premium Pack Choices $42.45 $43.45 Digital Premier $56.45 $57.45 Cinemax, HBO, Showtime and Stare Premium Pack Choices and Sports Entertainment Pack SA1 BF1 CA 154 DIGITAL TV Services ' Current Price Nof 3/23 e as of 3/23/11 Digital Economy 4 $39.95 $39.95 Digital Economy 4 $29.95 $29.95 With XFINITY Internet and/or XFINITY Voice Sports Entertainment Pack 7 $ 7.95 $ 7.95 Family Tier ° $14.95 $14.95 International Choices 70 MultilLatino (Hispanic) $14.95 $14.95 Includes: Video On Demand an espafiol MultiLatino Plus (Hispanic) $24.95 $24.95' Includes: Basic Service, Muftil-atino, and one digital set-top box. Multil-atino Extra (Hispanic) $39.95 $39.95 Includes: Basic Service, Digital Economy, Multil-atino, and one digital set-top box. Multil-atino Max (Hispanic) $59.95 $59.95 Includes: Basic Service, Digital Economy, Multil-atino, Mulfil-atino Max content, Video On Demand an espanol and one digital set-top box. Multil-atino Ultra (Hispanic) $76.90 $76.90 Includes: Basic Servtce, Digital Economy, Multil.atino, MultiLatino Max content, Digital Preferred, Video On Demand an espaflol and one digital set-top box. Digital Video Recorder Service 11 $ 7.00 $ 7.00 HD Technology Fee (whole house) is required at an additional charge. AnyRoom® Digital Video Recorder Service 16 $12.00 $12.00 HD Technology Fee (whole house) is required at an additional charge. No Serviced (Additional) $ 2.95 $ 2.95 Add TNo's software to your DVR for the ultimate television experience. TiVo from Comcast combines the power of TiVo's search, suggestion and recording features with the huge selection of shows, movies and On Demand content provided by ComCast. Digital to Analog Additional Outlet Service Charge 13 $ 0.00 $ 0.00 It stand 2nd outlet) Digital to Analog Additional Outlet Service Charge 13 $ 1.99 $ 1.99 (3rd; 4th, 5th, etc. outlet) Digital Additional Outlet Service Charge (with Set-Tap Box) 1Z.. $ 7.95 $ 8.95 Charge for digital content on an additional outlet Digital Additional Outlet Service Charge (with CableCARD) 14.. $ 6.00 $ 7.00 Charge for digital content on an additional outlet HD Technology Fee (whole house) 15 $ 7.95 $ 8.95 3D Technology Fee (whole house) 17 $ 0.00 $ 0.00 1 The minimum level of Digital TV service you may purchase is BASIC SERVICE. You must purchase BASIC SERVICE to subscribe to any other video service offered by Cotncast. Franchise Related Costs are applicable with the purchase of Basic Service. Service, programming and equipment are subject to availability. All pricing, program- ming and channel locations are subject to change. Prices do not include state or local DIGITAL TV Services' (continued) taxes, franchise fees or FCC fees. Please call 1-800-XFINITY for further information. The purchase of premium channels, packages and digital services (including iN DEMAND, Pay-Per-View and On Demand) requires the appropriate equipment ©2011 Comcast All Rights Reserved. 2 Expanded Basic Service is only available as a component of Digital Starter. 3 A set-top box may not be necessary to view Basic Service. Please visit www.xfinity.com or call 1-800-XFINITY for further information. 4 Digital Economy includes Basic Service, Digital Economy video content and a digital set-top box and. remote control, or a CableCARD on the primary outlet A Digital Additional Outlet Service Charge is applicable for additional outlets. If you wish to upgrade to High-Definition, the HD Technology Fee is applicable. 5 Digital Starter includes Basic Service, Expanded Basic Service, Digital Starter content, Interactive Program Guide, Music Choice®, limited On Demand content, a digital set- top box and remote control or a CableCARD on the primary outlet A Digital Additional Outlet Service Charge is applicable for additional outlets. If you wish to upgrade to High-Definition, the HD Technology Fee is applicable. 6 Franchise Related Costs are costs associated with providing public, educational and/or government access facilities and equipment and/or other related costs in your community. 7 Digital capable equipment is required to view these services. Prices do not include a digital set-top box and remote control. Certain restrictions apply. Service subject to availability. High-Definition capable equipment and a subscription to the corresponding package are required to receive high-definition channels. . If you wish to upgrade to High-Definition, the HD Technology Fee is applicable. 8 A minimum level of Digital Starter is required to receive these channels. 9 Family Tier is available to customers who subscribe to Basic Service only. Family Tier requires a digital set-top box and remote control, or CableCARD, billed in addition to the Family Tier price. Music Choice@ and On Demand are not available with this service. Family Tier cannot be combined with any other XFINITY TV package. Premium channels are available at an additional cost A Digital Additional Outlet Service charge is applicable for additional outlets. 10 Digital capable equipment, or high-definition capable equipment for high'-definition channels, is required to view these services. 11 Set Top Box with Digital Video Recorder capabilities is required. DVR recording times are limited. On Demand programs can not be recorded with DVR service. Prior to obtaining a DVR from Comcast, additional documentation or a credit verification may be necessary. TiVo service is not available in all areas and requires a Motorola High-Definition Digital Set-Top Box with Digital Video Recorder service. 12 Applicable with a subscription to any level of digital service. Price includes a digital set-top box and remote. • 13 Price includes a Digital Transport Adapter. 14 Applicable with a subscription to any level of digital service. Includes a CableCARD. An additional charge will apply for additional CableCARDs in the same device. 15 Fee for providing all outlets in the home with HD technology. Applicable to the first outlet in the home with HD Equipment Depending on service level, an additional Digital set-top box fee'or Digital Additional Outlet Service Charge applies. 16 Requires an HD terminal box on each additional outlet up to a maximum of three. Digital Additional Outlet Service charge is applicable for each additional outlet. Minimum of one terminal box required. 17 Requires the HD Technology Fee at a separate monthly charge. A HD/3D stereoscopic TV, manufactures specified 3D glasses and HD/3D set-top box are also required to view 3D channels. 155 SAIBFICB ~~3 FINITY BUNDLE PACKAGES INSTALLATION, New Price New TV, Internet and Voice . Current Price as of 3/23/11 SERVICE & EQUIPMENT 1 Current Price as of 5/1/11 Starter XF Triple Play $129.99/mo. $131.99/mo. • SurePrice monthly price for this bundle is $114.99 • Standard monthly price for this bundle is $131.99 Includes: Digital Starter video service with one digital set-top box and remote control, XFINITY Internet Performance Service and XFINITY Voice Comcast Unlimited®. Preferred XF Triple Play $139.99/mo. $144.99/mo. • SurePrice monthly price for this bundle is $124.99 • Standard monthly price for this bundle is $144.99 Includes: Digital Starter and Digital Preferred video service with one digital set-top box and remote control, XFINITY Internet Performance Service and XFINITY Voice Comcast Unlimited®. HD Preferred XF Triple Play $149.99/mo. - SurePrice monthly price for this bundle.is,$1,34.99. • Standard monthly price for this bundle is $154.99 Includes: Digital Starter and Digital Preferred video service, HD Technology Fee, one HD digital set-top box and remote control, StarzO, XFINITY Internet Performance Service and XFINITY Voice Comcast Unlimited®. HD Preferred Plus XF Triple Play $169.99/mo. • SurePrice monthly price for this bundle is $154.99 • Standard monthly price for this bundle is $174.99 Includes: Digital Starter and Digital Preferred video service, HD Technology Fee, one HD digital set-top box and remote control, HBO, StarzO, XFINITY Internet Blast!® Service and XFINITY Voice Comcast Unlimited®. HD Premier XF Triple Play $199.99/mo. • SurePrice monthly price for this bundle is $174.99 • Standard monthly price for this bundle is $199.99 Includes: Digital Starter, Digital Preferred and Digital Premier video service, HD Technology Fee, your choice of a HD/DVR or AnyRoom DVR HD set-top box and remote control for your primary outlet, HBO®, Showtime®, Starz®, Cinemax® and the Sports Entertainment Package, XFINITY Internet Blast!O Service and XFINtTY Voice Comcast Unlimited®. $154.99/mo. $174.99/mo. $199.99/mo. Please call for restrictions and complete details about service, price and equipment. SurePrice is only available to customers that have had XFTriple Play 1:2 month ^ promotional packages. Prices, services and features subject to change. Unless otherwise specified, prices shown are the monthly charge for the corresponding package. Prices exclude modem rental, installation, applicable taxes, franchise fees, FCC fees, Regulatory Recovery Fee,.other state or local fees or other applicable charges (e.g. per-call toll or international charges and activation charges). Service subject to Comcast's standard terms and conditions of service. All trademarks are the property of their respective owners. All rights reserved. Installation Charges (one-time charges): Installation of cable (unwired, primary outlet only)........ $ 38.95 $ 36.00 Reinstallation of cable 3 (pre-wired, primary outlet only) $ 31.95 $ 29.00 Installation of each Additional Outlet at time of initial installation or reinstallation $17.50 $15.50 Activation of each Additional Outlet at time of initial installation or reinstallation $10.00 $ 8.50 Installation of each Additional Outlet at any other time $ 27.50 $ 25.50 Activation of each Additional Outlet at any other time $18.00 $17.00 Relocation of an existing cable outlet $ 20.00 $15.00 Connection of VCR/DVD at initial installation $ 7.95 $ 7.95 Connection of VCR/DVD at any other time $14.50 $16.00 Service Charges & Transaction Fees (one-time charges): Returned check fee $ 20.00 $ 20.00 Late Fee (on overdue account balance) 5% 5% Name Change Fee. . $ 1.99. $ 1.99 Convenience Fee z . . . $..4.00 , $.:14.00 Office reactivation for XRNITY Intemet 3 $ 5.00 $ 5.00 Office reactivation for XRNrIY Voice 3 $ 5.00 _ $ 5.00 Office reactivation for XFINITY TV 3 $ 5.00 $ 5.00 Change of service or digital upgrade (via computer) $ 1.99 $ 1.99 Change of service downgrade (requiring a visit) $10.00 $11.50 Digital Service or High-Definition Upgrade (requiring a visit) $16.00 $16.00 Houdy Service Charge 4 (1/2 hour minimum.) $ 32.00 $ 31.60 Customer Trouble Call (requiring a visit) $ 29.50 $ 28.50 Customer Self-Installation Kit (SIK) 6 (one product) $15.00 $15.00 Customer Self-Installation Kit (SIK) 5 (multiple products) $ 30.00 $ 30.00 SIK Shipping & Handling (standard) $ 9.95 $ 9.95 SIK Shipping & Handling (priority) $ 29.95 $ 29.95 Shipping & Handling - Remotes (separate ship) $ 5.95 $ 5.95 Equipment Charges (each): Replacement Replacement Unretumed or damaged equipment Cost Cost Home amplifier purchase $ 20.00 $ 20.00 Monthly Charges: Basic Service Only Set-Top Box $ 1.10 $ 0.90 Basic Service Only High-Definition Set-Top Box $ 2.25 $ 2.25 Digital Set-Top .Box5 $ 1.70 $ 1.75 CableCARD N/C N/C CableCARD (additional cards, same device) $ 1.50 $ 1.50 Remote Control $ 0.25 $ 0.20 Service Protection Plan (covers all products)., . $ X3.30 $ 3.30 TV 6uidesM Weekly Magazine (mailed to your home)...... $ 4.20 $ 4.20 1 Commercial and premium installations are not included with these fees and charges. Depending on levels of service or programming received, additional charges for equipment, time and materials may apply. Prices do not include federal, state and local taxes, FCC user and franchise fees and related costs. HDTV capable set-top box only available to customers with an HDTV capable television set (not provided by Comcast). Certain restrictions apply. HDTV signal subject to availability. 2 A Convenience Fee will be charged for any payment made by phone with a Customer Care Representative. 3 If you reconnect any or all of the services after a disconnection for non-payment, in addition to any other charges that you may owe, Comcast will impose either a reactivation charge if a visit to your residence is not required or a reinstallation charge if a visit to your residence is required. 4 Charge related to custom work performed outside the scope of a normal installation or Trouble Call. 5 Not applicable to customers who subscribe to a service package that includes equipment. 6 Activation and shipping & handling charges are additional. Equipment included with Self-Installation Kit remains the property of Comcast and is subject to Comcast's regular charges. sAleFirr. c~rq 156 157 Wannalancit Mills 650 Suffolk Street Lowell, MA 01854 Sao- 978.970.5600 PHONE r 978.453.1995 Far. t-u { www.TRCsolutions.com TRC Reference Number: 116474 February 22, 2011 2011 FEB 23 Ply 12: 47 Subject: Public Involvement Plan Former GE Site (RTN# 3-0518) Wilmington, Massachusetts Dear Public Involvement Participants: IC Thank you for your previous participation in the public involvement program for the Former GE Site located on Fordham Road in Wilmington. Currently, TRC monitors groundwater quality and maintains a passive collection system for residual stoddard solvent. The Site continues to be overseen by a Massachusetts Licensed Site Professional. Due to the progress made at the Site and the lack of requests for public involvement, the Massachusetts Department of Environmental Protection (MassDEP) has removed the public involvement plan from the Reading Library and has recommended that. there is no longer a need to host public meetings. However, Site related documents can be accessed on-line at the following address by typing in the release tracking number (RTN) listed in the subject line of this letter: http://db.state.ma.us/dep/cleanup/sites/search.asp. TRC will continue to keep the public informed of Site related Massachusetts Contingency Plan events, as required by the Public Involvement Plan, by publishing notices in the local newspapers. If you have any questions or comments regarding this change, you can contact me at 978-656- 3562, by e-mail kcormier a,TRCsolutions.com, or by mail. Sincerely, Kenneth Cormier, P.G., CHMM Project Manager cc: Bruce Hoskins, LSP Stan Phillips, Lockheed Martin Anna Mayor, MassDEP Karen Stromberg, MassDEP L2011-105 ~h 158 t /C gc,( 7 ® Transportation Improvement Program (TIP) Federal fiscal years (FFYs) 2011-14, the document that programs federally funded transit and highway projects for the - - region ® Unified Planning Work Program (UP)AP) FFY 2011, containing information about surface-transportation planning projects for the region, Please take the opportunity to become familiar with the information in these documents and be involved in metropolitan transportation planning for the Boston Region MP.O area. Compact disc,. accessible-format, and print copies of the documents will be provided on request. Inquiries for documents should be submitted to the Boston Metropolitan Planning Organization via the U.S. mail address, Ten Park Plaza, Suite 2150, Boston, MA 02116-3968, or e-mail at publicinformation@bostonmpo.org, by fax (617) 973-8855, by TTY 617-973-7089, or through the MPO website. If you would like to stay current on MPO activities and on transportation planning topics and events in the region, I encourage you to sign up to receive the MPO's newsletter, TRANSREPoRn,, on our website.~ f? .If you have questions on the TIP, please contact Hayes Morrison at 617-973-7129 or hayesm@ctps.org. Mary Ellen Sullivan,.at 617-973-7119 and mesullivan@ctps.org, will answer your questions on the UPWP. Questions regarding the MPO maybe directed to Pam Wolfe at, 617-973-7141 and pamwolfe@ ctps.org. 159 The Boston Region Metropolitan Planning Organization (MPO) is notifying you about the availability of two important annual regional transportation planning documents: